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A Short Guide to the Prohibition Against
Using Political Subdivision Resources
For Political Advertising in Connection with an Election PDF Version

Revised October 12, 2017


No matter how enthusiastic you are about an election, it is important to remember that the Texas Election Code prohibits the use of political subdivision resources to produce or distribute political advertising in connection with an election. Section 255.003 of the Election Code provides as follows:

New legislation effective September 1, 2009, further clarifies that 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:

To understand the practical significance of this prohibition, it is useful to look at some of the specific words and phrases used in the law.

“Political advertising” means

(1) 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, 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; and

(2) a communication that advocates passage or defeat of a measure, and 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;

Newsletter of Public Officer of a Political Subdivision.  The Ethics Commission adopted a rule providing guidelines for when a newsletter of a public officer of a political subdivision is not political advertising.  Texas Ethics Commission Rule 26.2 provides as follows:

Also, it is not permissible to use or authorize the use of the paid time of an employee of a political subdivision to create or distribute political advertising. 

IT PAYS TO INVEST IN THE FUTURE.

or

IT'S TIME TO MOVE AHEAD.

LET'S BUILD A BETTER CITY.

or

SHOW THAT YOU CARE ABOUT OUR FUTURE.

Remember: No matter how much factual information about the purposes of a measure election is in a communication, any amount of of advocacy is impermissible.

Another provision of the Texas Election Code prohibits an officer or employee of a political subdivision from using or authorizing the use of an internal mail system to distribute political advertising. An internal mail system is a system operated by a political subdivision to deliver written documents to its officers or employees. A violation of this prohibition could also lead to the imposition of fines by the Ethics Commission or to criminal prosecution.

Although you may not use political subdivision resources for political advertising, you are free to campaign for or against a proposition on your own time and with your own resources. If you do plan to become involved in a campaign, you should educate yourself about filing requirements and about the rules regarding disclosures on political advertising.

Information is available from the Texas Ethics Commission by phone at (512) 463-5800 or on the commission's web site at https://www.ethics.state.tx.us.