Texas Codes

Tex. Elec. Code § 255.006 (2026)

Misleading Use Of Office Title

✓ current as of May 2026
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Sec. 255.006. MISLEADING USE OF OFFICE TITLE. (a) A person commits an offense if the person knowingly enters into a contract or other agreement to print, publish, or broadcast political advertising with the intent to represent to an ordinary and prudent person that a candidate holds a public office that the candidate does not hold at the time the agreement is made.

(b) A person commits an offense if the person knowingly represents in a campaign communication that a candidate holds a public office that the candidate does not hold at the time the representation is made.

(c) For purposes of this section, a person represents that a candidate holds a public office that the candidate does not hold if:

(1) the candidate does not hold the office that the candidate seeks; and

(2) the political advertising or campaign communication states the public office sought but does not include the word "for" in a type size that is at least one-half the type size used for the name of the office to clarify that the candidate does not hold that office.

(d) A person other than an officeholder commits an offense if the person knowingly uses a representation of the state seal in political advertising.

(e) An offense under this section is a Class A misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 300, Sec. 30, eff. Aug. 30, 1993; Acts 1997, 75th Leg., ch. 864, Sec. 250, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1134, Sec. 9, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 5.17, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 737, Sec. 1, eff. Sept. 1, 1999.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2025 · leading case: Charette, Ex Parte Robbie Gail v. The State of Texas (Tex. Crim. App. 2024).
Charette, Ex Parte Robbie Gail v. The State of Texas (Tex. Crim. App. 2024). “2 TEX. ELEC. CODE § 255.004. 3 TEX. ELEC. CODE § 255.”
Charette, Ex Parte Robbie Gail v. The State of Texas (Tex. Crim. App. 2025). “2 TEX. ELEC. CODE § 255.004. 3 TEX. ELEC. CODE § 255.”
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