SB 2742

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 2742 seeks to expand the enforcement mechanisms available to the State of Texas to prevent the misuse of public funds by independent school districts and political subdivisions for political advertising and electioneering. Specifically, the bill amends Section 11.169 of the Texas Education Code and adds Section 255.0032 to the Texas Election Code, introducing new civil penalties and enforcement tools to address violations.

Under the proposed changes to Section 11.169, independent school districts are prohibited from using state or local funds or any district resources to electioneer for or against political candidates, measures, or parties. Districts found in violation would be subject to a civil penalty of up to $1,000 per day, with each day representing a separate violation. Additionally, the Attorney General is authorized to bring enforcement actions, and sovereign immunity is waived to the extent necessary for legal proceedings.

The new Section 255.0032 of the Election Code introduces a parallel enforcement mechanism for violations of existing restrictions on political advertising. Individuals who fail to remove political advertising that violates Section 255.003 in good faith could face civil penalties ranging from $1,000 to $1,500 per day. Significantly, government officers and employees cannot claim official immunity, and public entities are prohibited from indemnifying those found liable. The Attorney General would be empowered to initiate enforcement actions, and existing authority under Section 273.081 remains unaffected.

The bill is prospective in application, affecting only conduct occurring on or after the effective date.

The Committee Substitute for SB 2742 maintains the core objectives of the originally filed version—prohibiting independent school districts and political subdivisions from using public funds for electioneering or political advertising—but introduces several notable refinements that enhance clarity, legal precision, and administrative efficiency. While both versions impose civil penalties and waive governmental immunity for violators, the substitute bill reorganizes and simplifies these provisions for better implementation and legal coherence.

One key difference lies in the structure of the enforcement provisions. The originally filed bill integrates penalties and legal procedures directly into the existing statutes, amending both the Education Code (Section 11.169) and Election Code (Section 255.003). In contrast, the committee substitute places all enforcement language regarding the Election Code in a newly created Section 255.0032. This new section consolidates liability, penalty, and enforcement mechanisms into a single provision, reducing redundancy and clearly delineating enforcement from the core prohibition language.

Additionally, the substitute introduces a new safeguard not found in the original bill: it defines a continuing violation as one in which the violator has not made a “good faith effort” to remove the offending political advertisement. This provides a clearer standard for compliance and adds a layer of fairness to enforcement, ensuring that only ongoing, unremedied violations accrue daily penalties. The original bill lacked this mitigating clause, treating each day of public visibility as a separate offense without regard to intent or corrective action.

Finally, while both versions waive sovereign and official immunity, the substitute uses more concise and consistent language, eliminating repetitive phrasing found in the original bill. It also avoids legal ambiguity by focusing the waiver on liability “to the extent created by this section,” instead of using broader, more categorical phrasing like “waived and abolished.” These refinements make the substitute version more legally durable and streamlined for enforcement by the Attorney General.
Author (1)
Brent Hagenbuch
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2742 would have no significant fiscal implications for the State. The legislation empowers the Texas Attorney General’s Office to impose civil penalties on independent school districts and political subdivisions that engage in electioneering or use public resources for political advertising. However, the Legislative Budget Board (LBB) assumes that any associated enforcement costs incurred by the Attorney General’s Office could be absorbed within the agency’s existing budget and resources.

Regarding revenue generation, while the bill does authorize the collection of civil penalties ranging from $1,000 to $1,500 per day for violations, the LBB anticipates that the total amount of revenue generated from these fines would be insignificant in the context of the state budget. This suggests that while the bill may result in some additional collections, they are not expected to materially impact state finances.

For local governments, including school districts potentially subject to penalties, the LBB also expects no significant fiscal impact. This likely reflects the assumption that most districts and subdivisions will avoid violations through compliance rather than incur substantial financial liabilities. The bill is thus viewed as primarily a policy tool to enhance accountability, with limited fiscal consequences at both the state and local levels.

Vote Recommendation Notes

SB 2742 addresses persistent concerns over the use of public funds for political advertising and electioneering by public officials and employees, particularly within independent school districts and other political subdivisions. The bill strengthens existing statutes by enhancing civil penalties, waiving governmental and official immunity, and establishing robust enforcement authority for the Texas Attorney General. These reforms aim to ensure that taxpayer dollars are not misused to influence electoral outcomes and that public governance remains nonpartisan and accountable.

Texas Policy Research recommends that lawmakers vote YES on SB 2742, grounded in the bill’s alignment with core liberty principles—especially those of limited government, personal responsibility, and individual liberty. By prohibiting public institutions from engaging in advocacy with taxpayer resources and holding individual officials accountable, the legislation reinforces constitutional boundaries and promotes ethical stewardship of public funds. The addition of daily penalties for ongoing violations and the prohibition on indemnification further ensure that public officials face meaningful consequences for misuse, deterring potential abuse.

Moreover, the fiscal analysis confirms that the bill will have no significant cost to the state or local governments, with any enforcement costs expected to be absorbed by existing resources within the Office of the Attorney General. The potential civil penalties could generate minor revenue but are not expected to have a substantial fiscal impact. From both a policy and budgetary standpoint, the legislation is a responsible and measured enhancement of current law.

In summary, SB 2742 represents a thoughtful and necessary step toward improving public trust in governmental neutrality during elections. It enforces long-standing prohibitions with updated legal tools while safeguarding taxpayer interests.

  • Individual Liberty: The bill enhances individual liberty by protecting taxpayers from having their money used to promote political messages they may not support. When public entities, such as school districts or political subdivisions, use public resources to influence electoral outcomes, they encroach upon the free speech and political neutrality rights of individuals. The bill ensures that public institutions remain impartial and do not act as political actors, thereby safeguarding the individual’s right to political self-determination without government intrusion or coercion.
  • Personal Responsibility: This principle is strongly reinforced by the bill. Public officials and employees are made personally accountable for the misuse of public funds, as the legislation removes official immunity and prohibits political subdivisions from indemnifying violators. This shifts responsibility away from the taxpayer and onto the individual decision-maker, promoting ethical governance. By tying consequences directly to the actor rather than allowing blanket legal protections, the bill encourages public servants to act with diligence and integrity.
  • Free Enterprise: The impact on free enterprise is indirect but relevant. By preventing public entities from favoring certain ballot measures or candidates that could affect regulations, taxation, or contracting, the bill helps preserve a level playing field in political decision-making that could influence the business environment. It prevents taxpayer-funded political influence that might benefit select interests at the expense of others.
  • Private Property Rights: While the bill does not address private property rights directly, it upholds the broader concept by ensuring that taxpayer funds, derived from property taxes, are not misappropriated for political purposes. This protects the economic interests of property owners and reaffirms the notion that taxation should serve public service functions, not partisan agendas.
  • Limited Government: The bill upholds limited government by narrowing the scope of governmental authority in the political process. It affirms that government institutions should not engage in political campaigning, reinforcing a clear separation between public administration and political advocacy. It also empowers the Office of the Attorney General to hold violators accountable through civil penalties, but within narrowly tailored and clearly defined parameters, avoiding overreach.
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