Election Code §255.003

(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.