Byron, speaking as a staff legal adviser, told the Fulshear Parks and Recreation Commission on Feb. 14 that Texas law bars public officers and employees from using public funds for political advertising about ballot measures and that the restriction can extend to volunteers acting in an official capacity.

The guidance followed City Council’s decision to call a parks bond election for May 3. Byron cited the Elections Code provision discussed in the meeting as “255.003 of the elections code” and summarized the statute: “an officer or employee of a public subdivision like the city, may not knowingly spend or authorize the spending of public funds for political advertising.” He said the Ethics Commission’s interpretations treat many forms of reproducible communication as political advertising when public resources are used.

Why it matters: commissioners are volunteers who routinely speak about park projects; the presentation clarified what they can and cannot say or post while acting in an official capacity so they do not risk violating state law or local ethics opinions.

Byron listed examples that could run afoul of the statute. He said use of city copy machines, personnel time, or any publicly funded resource to prepare or distribute material that advocates for or against the bond could be prohibited: “there are ethics opinions that say use of a copy machine is use [of] public funds.” He also explained that even factual materials can cross a line if they are prepared or published in a way the Ethics Commission deems persuasive rather than informational.

Commissioners asked practical questions. Kimberly Bow, identified in the meeting as vice chair of the Parks and Recreation Commission, asked whether an administrator approving a post on an official social media page could be considered use of public funds; Byron replied that if the approval occurs in an official capacity or on an official page, it likely would be considered public use and could trigger the prohibition. Kimberly Bow said: “If I Kimberly Bow insert my opinion, that’s perfectly fine. But if I said I Kimberly Bow as vice chair of Parks and Rec, that’s where I need to keep it informational only.”

Byron emphasized First Amendment protections for personal speech: volunteers may campaign on their own time and with their own resources so long as they do not represent themselves as speaking for the city or use public resources. He also noted the narrow affirmative defenses available if a violation is later alleged — for example, a preclearance opinion from the Ethics Commission or an attorney general opinion can provide protection in certain cases.

City staff and commissioners discussed how to handle agenda items and public-facing project updates. Tiffany, staff member for parks, asked whether routine project updates at commission meetings and in staff reports remain permissible; Byron said those deliberations are generally covered by the ordinary-deliberation exception and can include factual descriptions of projects and potential outcomes if the bond passes or fails, so long as the communications are germane to official business and not merely a pretext to advocate.

The commission heard additional practical advice: after the bond was called on Feb. 4, staff recommended limiting future Parks Commission agenda items to project updates instead of discussing bond messaging, and Byron said staff would review any materials the commission wished to publish that might be close to the advocacy line. He also suggested the commission could seek a preclearance opinion from the Ethics Commission for materials it wanted to publish using public resources.

The presentation closed with commissioners confirming they understood the distinction between personal advocacy and official communications and asking staff to circulate any FAQ or informational materials posted by the city so commissioners could answer community questions without crossing the line into political advertising.

Ending: Commissioners agreed to be cautious about social-media posts and public remarks when they are acting in an official capacity, and staff said they would provide guidance and templates for strictly factual project updates if needed.