Sec. 255.003.  UNLAWFUL USE OF PUBLIC FUNDS FOR POLITICAL ADVERTISING.  (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:
(1)  a court of record;
(2)  the attorney general; or
(3)  the commission.
(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.
(f)  Subsections (d) and (e) do not apply to a port authority or navigation district.
Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987.
Amended by: 
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.