89R9162 MZM-F     By: Cain H.B. No. 2826       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of certain political communications, a   prohibition on electioneering by school district and   open-enrollment charter school officials and employees, and   actions and other proceedings by a public school challenging the   operations of the public school system; authorizing an   administrative penalty; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.061, Education Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  A person who the State Board for Educator   Certification or the commissioner has determined to have violated   Section 22B.003 may not serve as a member of the board of trustees   of a school district for the period beginning on the date on which   the determination was made and ending the day after the date on   which the first trustee election occurring at least three years   after the date on which the determination was made is held.          SECTION 2.  Section 12.120, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  A person who the State Board for Educator Certification   or the commissioner has determined to have violated Section 22B.003   may not serve as a member of the governing body of an   open-enrollment charter school for the three-year period after the   date on which the determination was made.          SECTION 3.  Section 22.092, Education Code, is amended by   amending Subsection (c) and adding Subsection (c-1) to read as   follows:          (c)  The registry maintained under this section must list the   following persons as not eligible to be employed by public schools:                (1)  a person determined by the agency under Section   22.0832 as a person who would not be eligible for educator   certification under Subchapter B, Chapter 21;                (2)  a person determined by the agency to be not   eligible for employment based on the person's criminal history   record information review, as provided by Section 22.0833;                (3)  a person who is not eligible for employment based   on criminal history record information received by the agency under   Section 21.058(b);                (4)  a person whose certification or permit issued   under Subchapter B, Chapter 21, is revoked by the State Board for   Educator Certification on a finding that the person engaged in   misconduct described by Section 21.006(b)(2)(A) or (A-1); [and]                (5)  subject to Subsection (c-1), a person who is   determined by the State Board for Educator Certification to have   engaged in electioneering under Section 22B.003;                (6)  a person who is determined by the commissioner   under Section 22.094 to have engaged in misconduct described by   Section 22.093(c)(1)(A) or (B); and                (7)  subject to Subsection (c-1), a person who is   determined by the commissioner under Section 22B.005 or by another   governmental body to have engaged in electioneering under Section   22B.003.          (c-1)  The agency shall remove a person included in the   registry under Subsection (c)(5) or (7) not later than:                (1)  the third anniversary of the date on which the   person was included in the registry under the applicable   subdivision if the person was the superintendent or director of a   school district, district of innovation, open-enrollment charter   school, other charter entity, regional education service center, or   shared services arrangement at the time the person was included in   the registry; or                (2)  the first anniversary of the date on which the   person was included in the registry under the applicable   subdivision if the person held a position other than a position   described by Subdivision (1) of this subsection at the time the   person was included in the registry.          SECTION 4.  The heading to Subtitle D, Title 2, Education   Code, is amended to read as follows:   SUBTITLE D. EDUCATORS AND SCHOOL OFFICIALS, [DISTRICT] EMPLOYEES,   AND VOLUNTEERS          SECTION 5.  Subtitle D, Title 2, Education Code, is amended   by adding Chapter 22B to read as follows:   CHAPTER 22B. ELECTIONEERING PROHIBITED          Sec. 22B.001.  DEFINITIONS. In this chapter:                (1)  "Electioneering" includes:                      (A)  posting, using, or distributing political   signs or literature;                      (B)  proposing, endorsing, or expressing support   for or opposition to a measure before a governmental body other than   a school district; and                      (C)  engaging in conduct prohibited by:                            (i)  Section 255.003 or 255.0031, Election   Code; or                            (ii)  Section 305.027 or 556.0055,   Government Code.                (2)  "Measure" includes:                      (A)  a question or proposal submitted in an   election for an expression of the voters' will, including the   circulation and submission of a petition to determine whether a   question or proposal is required to be submitted in an election for   an expression of the voters' will;                      (B)  a bill, resolution, order, or other proposal   to adopt, enact, amend, or repeal a statute, ordinance, rule, or   policy of general application; and                      (C)  a proposal to adopt, enact, amend, or repeal,   or to grant a variance or other exception to, a zoning ordinance.                (3)  "Other charter entity" has the meaning assigned by   Section 21.006.          Sec. 22B.002.  APPLICABILITY. This chapter applies only to:                (1)  the board of trustees or a member of the board of   trustees of a school district;                (2)  the governing body or a member of the governing   body of an open-enrollment charter school;                (3)  an educator; and                (4)  a school district or open-enrollment charter   school employee, agent, or contractor.          Sec. 22B.003.  ELECTIONEERING PROHIBITED. (a)   Notwithstanding any other law, a person to whom this chapter   applies may not use federal, state, or local money or other school   resources to engage in electioneering, or assist another person in   engaging in electioneering, for or against any candidate, measure,   or political party.          (b)  Except as otherwise provided by law, a person to whom   this chapter applies may not use federal, state, or local money or   other school resources to encourage or discourage participation in   an election.          (c)  The board of trustees of a school district and the   governing body of an open-enrollment charter school shall adopt   protocols and policies and take actions necessary to ensure   compliance with this section.          (d)  The State Board for Educator Certification shall adopt   standards of conduct prohibiting an educator from engaging in   conduct that violates this section.          Sec. 22B.004.  REQUIRED REPORT OF ALLEGED ELECTIONEERING;   PENALTIES. (a) The superintendent or director of a school   district, district of innovation, open-enrollment charter school,   other charter entity, regional education service center, or shared   services arrangement shall report an alleged violation of Section   22B.003, not later than the seventh day after the date the   superintendent or director becomes aware of the alleged violation,   to:                (1)  the State Board for Educator Certification if the   alleged violation was committed by an educator; or                (2)  the commissioner if the alleged violation was   committed by a person other than an educator.          (b)  The report required by Subsection (a) must be:                (1)  in writing; and                (2)  in a form prescribed by:                      (A)  the State Board for Educator Certification if   an educator is the subject of the report; or                      (B)  the commissioner if a person other than an   educator is the subject of the report.          (c)  The principal of a school district, district of   innovation, open-enrollment charter school, or other charter   entity shall report an alleged violation of Section 22B.003, not   later than the seventh day after the date the principal becomes   aware of the alleged violation, to the superintendent or director   of the district, school, or entity at which the principal is   employed.          (d)  A person required to report an alleged violation of   Section 22B.003 under this section and who in good faith reports the   alleged violation in accordance with this section is immune from   civil or criminal liability that might otherwise be incurred or   imposed.          (e)  A person required to report an alleged violation of   Section 22B.003 under this section commits an offense if the person   fails to report the alleged violation by the date required under   this section with the intent to conceal the alleged violation. An   offense under this subsection is a state jail felony.          (f)  If a person required to report an alleged violation of   Section 22B.003 under this section fails to report the alleged   violation in accordance with this section, the State Board for   Educator Certification:                (1)  shall determine whether to impose sanctions   against the person, including an administrative penalty of not less   than $500 and not more than $10,000; and                (2)  if the board imposes an administrative penalty on   the person, may not renew the person's educator certification until   the penalty is paid.          (g)  The commissioner may review the records of a school   district, district of innovation, open-enrollment charter school,   other charter entity, regional education service center, or shared   services arrangement to ensure compliance with this section.          (h)  The commissioner shall adopt rules as necessary to   implement this section.          Sec. 22B.005.  DETERMINATION OF ALLEGED ELECTIONEERING;   INELIGIBILITY FOR EMPLOYMENT. (a) This section applies only to a   person to whom this chapter applies who does not hold a   certification or permit issued under Subchapter B, Chapter 21.          (b)  Except as provided by Subsection (c), a person who is   alleged to have violated Section 22B.003 is entitled to a hearing on   the merits of the allegation under the procedures provided by   Chapter 2001, Government Code.          (c)  A person who is alleged to have violated Section 22B.003   is not entitled to a hearing under this section if:                (1)  a final decision has been entered under other law   finding the person to have engaged in conduct that constitutes   electioneering; or                (2)  another governmental body has jurisdiction over   the alleged violation and the commissioner elects not to pursue   enforcement under this section.          (d)  On receiving a report under Section 22B.004, or pursuant   to an investigation conducted under Section 39.003, of an alleged   violation of Section 22B.003 by a person who is entitled to a   hearing under this section, the commissioner shall promptly send to   the person written notice that includes:                (1)  a statement informing the person that the person   must request, not later than the 10th day after the date the person   receives the notice, a hearing on the merits of the allegation;                (2)  a request that the person submit, not later than   the 10th day after the date the person receives the notice, a   written response to show cause why the commissioner should not   pursue an investigation under this section; and                (3)  a statement informing the person that if the   person does not timely submit a written response to show cause as   provided by Subdivision (2), the commissioner will instruct the   agency to make available on the Internet portal described by   Section 22.095 information indicating the person is under   investigation for an alleged violation of Section 22B.003.          (e)  If a person who is entitled to a hearing under this   section does not request a hearing before the date required by   Subsection (d)(1), the commissioner shall make a determination on   whether the person violated Section 22B.003 based on the contents   of the report submitted under Section 22B.004 or the results of the   investigation under Section 39.003, as applicable.          (f)  If the commissioner determines under this section that a   person violated Section 22B.003, the commissioner shall instruct   the agency to add the person to the registry of persons not eligible   for employment in public schools under Section 22.092.          (g)  If the commissioner determines that a person did not   violate Section 22B.003 and the agency made available on the   Internet portal described by Section 22.095 information indicating   the person was under investigation in accordance with Subsection   (d)(3), the commissioner shall instruct the agency to immediately   remove the information from the Internet portal.          (h)  The commissioner shall adopt rules as necessary to   implement this section.          Sec. 22B.006.  EXCEPTION.  Notwithstanding any other   provision of this chapter, the State Board for Educator   Certification or the commissioner may elect not to take action   against a person determined to have violated Section 22B.003 if the   person:                (1)  was ordered to take the action by another person in   a position of actual or apparent authority over the person; and                (2)  could not reasonably have been expected to know   the person's action constituted a violation of that section.          Sec. 22B.007.  ADDITIONAL REMEDIAL ACTION. If the   commissioner determines that an action taken by the board of   trustees of a school district or the governing body of an   open-enrollment charter school against a person determined to have   violated Section 22B.003 is not sufficient to deter future   violations of that section, the commissioner may substitute a   remedial action the commissioner determines appropriate.          Sec. 22B.008.  AGENCY INVESTIGATIVE AUTHORITY.  (a)  The   agency's authority to investigate an alleged violation of Section   22B.003 is concurrent with the authority of any other person   charged with investigating such a violation under this chapter.          (b)  Another person's dismissal of an alleged violation of   Section 22B.003 does not affect the agency's authority to   investigate the alleged violation.          SECTION 6.  Section 39.003(a), Education Code, is amended to   read as follows:          (a)  The commissioner may authorize special investigations   to be conducted:                (1)  when excessive numbers of absences of students   eligible to be tested on state assessment instruments are   determined;                (2)  when excessive numbers of allowable exemptions   from the required state assessment instruments are determined;                (3)  in response to complaints submitted to the agency   with respect to alleged violations of civil rights or other   requirements imposed on the state by federal law or court order;                (4)  in response to established compliance reviews of   the district's financial accounting practices and state and federal   program requirements;                (5)  when extraordinary numbers of student placements   in disciplinary alternative education programs, other than   placements under Sections 37.006 and 37.007, are determined;                (6)  in response to an allegation involving a conflict   between members of the board of trustees or between the board and   the district administration if it appears that the conflict   involves a violation of a role or duty of the board members or the   administration clearly defined by this code;                (7)  when excessive numbers of students in special   education programs under Subchapter A, Chapter 29, are assessed   through assessment instruments developed or adopted under Section   39.023(b);                (8)  in response to an allegation regarding or an   analysis using a statistical method result indicating a possible   violation of an assessment instrument security procedure   established under Section 39.0301, including for the purpose of   investigating or auditing a school district under that section;                (9)  when a significant pattern of decreased academic   performance has developed as a result of the promotion in the   preceding two school years of students who did not perform   satisfactorily as determined by the commissioner under Section   39.0241(a) on assessment instruments administered under Section   39.023(a), (c), or (l);                (10)  when excessive numbers of students eligible to   enroll fail to complete an Algebra II course or any other advanced   course as determined by the commissioner;                (11)  when resource allocation practices as evaluated   under Section 39.0821 indicate a potential for significant   improvement in resource allocation;                (12)  when a disproportionate number of students of a   particular demographic group is graduating with a particular   endorsement under Section 28.025(c-1);                (13)  when an excessive number of students is   graduating with a particular endorsement under Section   28.025(c-1);                (14)  in response to a complaint submitted to the   agency with respect to alleged inaccurate data that is reported   through the Public Education Information Management System (PEIMS)   or through other reports required by state or federal law or rule or   court order and that is used by the agency to make a determination   relating to public school accountability, including accreditation,   under this chapter;                (15)  when 10 percent or more of the students   graduating in a particular school year from a particular high   school campus are awarded a diploma based on the determination of an   individual graduation committee under Section 28.0258;                (16)  when a school district for any reason fails to   produce, at the request of the agency, evidence or an investigation   report relating to an educator who is under investigation by the   State Board for Educator Certification; [or]                (17)  in response to an alleged violation of Section   22B.003; or                (18)  as the commissioner otherwise determines   necessary.          SECTION 7.  Section 39A.001, Education Code, is amended to   read as follows:          Sec. 39A.001.  GROUNDS FOR COMMISSIONER ACTION. The   commissioner shall take any of the actions authorized by this   subchapter to the extent the commissioner determines necessary if:                (1)  a school district does not satisfy:                      (A)  the accreditation criteria under Section   39.052;                      (B)  the academic performance standards under   Section 39.053 or 39.054; or                      (C)  any financial accountability standard as   determined by commissioner rule; [or]                (2)  the commissioner considers the action to be   appropriate on the basis of a special investigation under Section   39.003; or                (3)  a school district initiates or maintains an action   or proceeding against the state or an agency or officer of the   state.          SECTION 8.  Subchapter A, Chapter 39A, Education Code, is   amended by adding Section 39A.008 to read as follows:          Sec. 39A.008.  INTERVENTION RELATED TO SCHOOL DISTRICT OR   OPEN-ENROLLMENT CHARTER SCHOOL ACTION OR PROCEEDING AGAINST STATE.     (a)  This section applies to a school district or open-enrollment   charter school subject to commissioner action under Section   39A.001(3).          (b)  The commissioner shall appoint a conservator to a school   district or open-enrollment charter school to which this section   applies.          (c)  The conservator appointed under Subsection (b) shall   require the school district or open-enrollment charter school to   demonstrate, by a deadline established by the conservator, that the   district or school is in compliance with Sections 45.105(c-1) and   45.1051.  If the conservator determines that the district or school   is not in compliance with those sections, the conservator shall   order the district or school to, as applicable:                (1)  withdraw from the action or proceeding; or                (2)  take the necessary actions to come into compliance   with Section 45.1051.          (d)  If a school district or open-enrollment charter school   fails to comply with an order by the conservator by the deadline   established by the conservator, the commissioner may:                (1)  for a school district, appoint a board of managers   to oversee the operations of the district; or                (2)  for an open-enrollment charter school, order   reconstitution of the school's governing board.          SECTION 9.  Subchapter B, Chapter 44, Education Code, is   amended by adding Section 44.048 to read as follows:          Sec. 44.048.  PROHIBITED CONTRACTING. (a)  In this section,   "electioneering" has the meaning assigned by Section 22B.001.          (b)  A school district or open-enrollment charter school may   not contract with:                (1)  a person for services that would constitute   electioneering or services supportive of electioneering;                (2)  a person who subcontracts with a person to provide   services described by Subdivision (1); or                (3)  a person who is included in or who will assign   duties under the contract or subcontract to a person who is included   in the registry of persons not eligible for employment in public   schools under Section 22.092 based on a determination that the   person engaged in electioneering.          SECTION 10.  Section 45.105(c-1), Education Code, is amended   to read as follows:          (c-1)  Notwithstanding any other law, federal, state, or   local funding, including funding under Chapters 46, 48, and 49,   [Funds described by Subsection (c)] may not be used to initiate or   maintain any action or proceeding against the state or an agency or   officer of the state, including an action or proceeding that   includes a claim of ultra vires conduct [arising out of a decision,   order, or determination that is final and unappealable under a   provision of this code], except that funds may be used for an action   or proceeding that is specifically authorized by a provision of   this code or by Section 2001.038, Government Code [a rule adopted   under this code and that results in a final and unappealable   decision, order, or determination].          SECTION 11.  Subchapter E, Chapter 45, Education Code, is   amended by adding Section 45.1051 to read as follows:          Sec. 45.1051.  LIMITATION ON ATTORNEY PAYMENTS FOR CERTAIN   ACTIONS. (a) If a school district or open-enrollment charter   school brings an action against the agency, the State Board of   Education, or the State Board for Educator Certification or an   agent or officer of those entities that alleges ultra vires conduct   by the entity or an agent or officer of the entity, the district or   school must deposit all payments relating to the action owed to the   district's or school's attorney in an escrow account. The district   or school may use money deposited in the escrow account to pay the   district's or school's attorney only:                (1)  after:                      (A)  a final judgment is rendered; and                      (B)  all appeals are fully resolved; and                (2)  if the district or school prevails in the action.          (b)  A school district or open-enrollment charter school   shall provide money deposited in an escrow account under this   section that may not be paid to the district's or school's attorney   under Subsection (a) after the rendering of a final judgment and the   resolution of all appeals to the state for deposit in the foundation   school fund.          (c)  This section may not be interpreted to authorize an   action not otherwise authorized by law.          SECTION 12.  Section 251.001(16), Election Code, is amended   to read as follows:                (16)  "Political advertising" means a communication   supporting or opposing a candidate for nomination or election to a   public office or office of a political party, a political party, a   public officer, or a measure that:                      (A)  in return for consideration, is published in   a newspaper, magazine, or other periodical or is broadcast by radio   or television; [or]                      (B)  appears:                            (i)  in a pamphlet, circular, flier,   billboard or other sign, bumper sticker, or similar form of written   communication; or                            (ii)  on an Internet website, including on   any social media platform, or in any electronic communication; or                      (C)  is directed to an individual person or   multiple persons through any form of communication.          SECTION 13.  The heading to Section 255.003, Election Code,   is amended to read as follows:          Sec. 255.003.  UNLAWFUL USE OF PUBLIC RESOURCES [FUNDS] FOR   POLITICAL ADVERTISING AND CERTAIN POLITICAL ACTIVITIES.          SECTION 14.  Section 255.003, Election Code, is amended by   adding Subsections (a-1) and (a-2) and amending Subsection (c) to   read as follows:          (a-1)  An officer, employee, or contractor of a school   district or open-enrollment charter school may not use or authorize   the use of public money or resources to:                (1)  distribute a communication in any form advocating   for or opposing any candidate, measure, or political party; or                (2)  facilitate any activity by a student or other   person for advocacy communications to an elected officer or   employee of an elected officer for or against a matter for which the   officer may vote or take an official action.          (a-2)  For purposes of Subsection (a-1):                (1)  the following qualifies as the use of public money   or resources:                      (A)  the development or distribution, or   arrangement for the development or distribution, of a communication   described by Subsection (a-1)(1) that occurs during the working   hours of an officer, employee, or contractor or during any period of   time in which the officer, employee, or contractor is compensated   by the school district or open-enrollment charter school; or                      (B)  the provision of contact information by an   officer, employee, or contractor of a school district or   open-enrollment charter school to a political action committee or   similar entity for the purpose of distributing a communication   described by Subsection (a-1)(1);                (2)  the use of a personal electronic device on school   district or open-enrollment charter school property by an officer,   employee, or contractor to access the Internet during the   officer's, employee's, or contractor's personal time for the   purpose of developing or distributing, or arranging for the   development or distribution of, a communication described by   Subsection (a-1)(1) does not qualify as the use of public funds or   resources; and                (3)  a person's presence on school district or   open-enrollment charter school property while engaging in   electioneering, as defined by Section 22B.001, Education Code,   outside of work hours does not constitute the expenditure of public   money.          (c)  A person who violates Subsection (a), (a-1), or (b-1)   commits an offense. An offense under this section is a Class A   misdemeanor.          SECTION 15.  Section 255.0031(b), Election Code, is amended   to read as follows:          (b)  Subsection (a) does not apply to:                (1)  the use of an internal mail system to distribute   political advertising that is delivered to the premises of a state   agency or political subdivision through the United States Postal   Service if the officer or employee is unaware that the distributed   materials contain political advertising; or                (2)  the use of an internal mail system by a state   agency or municipality to distribute political advertising that is   the subject of or related to an investigation, hearing, or other   official proceeding of the agency or municipality.          SECTION 16.  Section 572.059, Government Code, is amended by   adding Subsections (d) and (e) to read as follows:          (d)  Subsections (c)(2) and (3) do not apply to a member of   the governing body of a school district with respect to a   legislative measure outside the district's authority.          (e)  This section does not prohibit a person from providing   information to a member of the legislature on request.          SECTION 17.  The following provisions of the Education Code   are repealed:                (1)  Section 11.169; and                (2)  Section 45.109(e).          SECTION 18.  Section 44.048, Education Code, as added by   this Act, applies only to a contract entered into or renewed on or   after the effective date of this Act. A contract entered into or   renewed before the effective date of this Act is governed by the law   in effect on the date the contract was entered into or renewed, and   the former law is continued in effect for that purpose.          SECTION 19.  The changes in law made by this Act apply only   to conduct that occurs on or after the effective date of this Act.   Conduct that occurs before the effective date of this Act is   governed by the law in effect before the effective date of this Act,   and that law is continued in effect for that purpose.          SECTION 20.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2025.