{"data":{"id":"us-tx/tex.-election-code-255.003","jurisdiction":"us-tx","citation":"Tex. Election Code § 255.003","heading":"UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL ADVERTISING.","body":"(a) An officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising.\n(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.\n(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:\n(1) the officer or employee knows is false; and\n(2) is sufficiently substantial and important as to be reasonably likely to influence a voter to vote for or against the measure.\n(c) A person who violates Subsection (a) or (b-1) commits an offense. An offense under this section is a Class A misdemeanor.\n(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:\n(1) a court of record;\n(2) the attorney general; or\n(3) the commission.\n(e) On written request of the governing body of a political subdivision that has ordered an election on a measure, the commission shall prepare an advance written advisory opinion as to whether a particular communication relating to the measure does or does not comply with this section.\n(f) Subsections (d) and (e) do not apply to a port authority or navigation district.\nAmended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987.\nAmended by:\nActs 2009, 81st Leg., R.S., Ch. 644 (H.B. 1720), Sec. 1, eff. September 1, 2009.\nActs 2009, 81st Leg., R.S., Ch. 843 (S.B. 2085), Sec. 1, eff. September 1, 2009.","path":["ELECTION CODE","TITLE 15. REGULATING POLITICAL FUNDS AND CAMPAIGNS","CHAPTER 255. REGULATING POLITICAL ADVERTISING AND CAMPAIGN COMMUNICATIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/EL/htm/EL.255.htm#255.003","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:06Z","sha256":"2645fbd4ffebf1b515e2d2d87847a1d7c2b40ab8621525ec6be0e0db6fda7c81","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-election-code-255.002","next":"us-tx/tex.-election-code-255.0031"},"notice":"GroundRules: Original legal text. Not legal advice."}