(Texas Scorecard) – A state senator proposed a measure to stop the persistent problem of Texas public school officials using taxpayer-funded resources to influence the outcomes of elections.
The measure would add criminal penalties for school electioneering violations.
State Sen. Brian Birdwell (R–Granbury) introduced Senate Bill 875 during a committee hearing on Monday.
Birdwell explained that current state education law prohibits Texas school officials from using public resources to advocate for or against any political party, candidate, or measure, but there are no penalties for violating the law.
He noted for example that in 2024, Texas Attorney General Ken Paxton sued Denton Independent School District after two administrators used official district email accounts to encourage staff members to vote for anti-school choice candidates in the March Republican Primary Election.
“However, the two principles were not penalized for their action, because while it is currently illegal for school officials to use public resources to advocate for or against particular political parties, candidates, or measures, there were no penalties for such violations,” said Birdwell.
Birdwell’s bill creates a Class A misdemeanor for any school board member or superintendent who uses district funds or resources—including district email, telephones, mailing lists, or property—to electioneer for or against any political party, candidate, or measure.
SB 875 also creates a Class B misdemeanor for any school district chief administrator, superintendent, or principal who knowingly permits political signs to be posted on campus for more than 48 hours. Campuses used as polling locations are excluded.
Members of the Senate State Affairs Committee questioned Birdwell about his bill.
State Sen. Charles Perry (R–Lubbock) suggested that Birdwell expand the measure to “close that loophole” for all political subdivisions.
State Sen. Adam Hinojosa (R–Corpus Christi) asked whether SB 875 would preclude school officials from recording political videos in their taxpayer-funded offices.
“Would school resources also apply to a superintendent or principal’s office where they may record an endorsement of something?” asked Hinojosa.
Birdwell said school administrators and teachers are “stewards” of their offices and it would “violate the principles of that stewardship” to use their offices to make a video promoting a political candidate or ballot issue.
During the March 2024 primary, a principal recorded a campaign ad supporting now-former State Rep. Glenn Rogers while in her school office.
True Texas Project President Fran Rhodes was the only citizen to speak on the bill. She testified in favor of SB 875.
“We have fought this issue for a very long time, particularly in regard to school bonds that are on the ballots,” said Rhodes. “The schools—either the board or the administrators or the teachers—are using school district resources to try to influence people to vote for the bonds.”
Rhodes told Birdwell she would like the bill to include a better definition of electioneering.
“Because they always claim ‘we’re only providing information and that’s legal.’ And yet it’s worded so that, you know, this is for the children,” she said. “I just very strongly support this bill, and I urge passage.”
If passed into law, local authorities would still have to enforce its provisions against often-popular school officials.
The two Denton ISD administrators mentioned by Birdwell, Lindsay and Jesus Lujan, also faced criminal charges under a separate statute after voters petitioned their local district attorney to investigate the case as an election law violation.
But the couple managed to avoid criminal penalties as well.
In plea deals negotiated with Denton County prosecutors, the Lujans admitted their guilt to the court but were placed into pretrial diversion programs, allowing records of their crimes to be wiped clean after a year.
SB 875 was left pending in committee for further consideration at a later date.