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Texas Election Code

§ 255.003 — UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL ADVERTISING

EL § 255.003Title 15. REGULATING POLITICAL FUNDS AND CAMPAIGNS · Ch. 255. REGULATING POLITICAL ADVERTISING AND CAMPAIGN COMMUNICATIONS

Statute text

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(a)An officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising.
(b)Subsection (a) does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. (b-1) An officer or employee of a political subdivision may not spend or authorize the spending of public funds for a communication describing a measure if the communication contains information that:
(1)the officer or employee knows is false; and
(2)is sufficiently substantial and important as to be reasonably likely to influence a voter to vote for or against the measure.
(c)A person who violates Subsection (a) or (b-1) commits an offense. An offense under this section is a Class A misdemeanor.
(d)It is an affirmative defense to prosecution for an offense under this section or the imposition of a civil penalty for conduct under this section that an officer or employee of a political subdivision reasonably relied on a court order or an interpretation of this section in a written opinion issued by:

Legislative history

Acts 2009, 81st Leg., R.S., Ch. 644 (H.B. 1720), Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 843 (S.B. 2085), Sec. 1, eff. September 1, 2009.