UT System guidance on political activities and campus use

The University of Texas System has issued updated guidance to all campuses, including UTHealth Houston, on appropriate participation in political activities and the proper use of university resources during campaign periods.

The guidance reminds the university community that while state employees have the constitutional right to free speech and political participation, these rights are subject to legal and institutional limits.

Restrictions under state law

The principal restrictions on political activities for state agencies and employees are outlined in Political Activities by Public Entities and Individuals (Chapter 556 of the Texas Government Code), which applies to all institutions of higher education. Key provisions include:

• Prohibition on using state funds for political purposes
  A state agency may not use any money under its control to finance or support a person’s candidacy (Section 556.004(a)).
• Prohibition on using official authority to influence elections
  State officers and employees may not use their position or any program administered by a state agency to influence the outcome of an election, a nomination, or to achieve any political purpose (Section 556.004(c)).
  Texas courts have generally interpreted this restriction as applying primarily to candidate elections and partisan political activity.
• Prohibition on coercing political contributions
  State officers and employees may not coerce or restrict contributions to any person or organization for political purposes (Section 556.004(d)).
• Penalties for violations
  Violations may result in termination of employment and withholding of salary (Sections 556.007 and 556.008).

These restrictions can also be found in HOOP Policy 38, Political Activity.

Institutional rules and free speech

In addition to state law, UT System Regents’ Rules and HOOP Policy 174, Speech and Assembly affirm the importance of freedom of speech and assembly as fundamental rights. However, institutions of higher education retain the authority to regulate the time, place, and manner of such activities to ensure they do not disrupt academic programs or administrative operations.

Under Protected Expression on Campus (Section 51.9315 of the Texas Education Code), individuals not affiliated with the university may engage in lawful political activity on campus only as outlined in HOOP Policy 174, Speech and Assembly.

Use of institutional resources

The use of institutional resources for political purposes is strictly prohibited under Sections 556.004(a) and (c) of the Texas Government Code, Regents’ Rules 30103 and 80103, and HOOP Policy 38, Political Activity.

This means that employees may not:

• Use university equipment, letterhead, email, or other resources to support or oppose a political candidate or campaign
• Engage in campaign-related activities during paid work hours, unless appropriate leave is used
• Use internal mail systems to distribute political materials

Employees are free to support political candidates on their own time and with personal resources, provided it is clear they are acting as private citizens and not as representatives of the institution.

Use of university facilities and symbols

Candidates and political organizations may use university facilities only if they comply with established policies and procedures (see Regents’ Rules 40501 and 80104; HOOP Policy 174, Speech and Assembly; and HOOP Policy 211, Special Use Facilities). Such events must follow all time, place, and manner restrictions and must clearly indicate that the university does not endorse any candidate or political position.

In addition, university logos, trademarks, and other institutional symbols may not be used in campaign materials, political advertising, or any event that could imply institutional endorsement.

Questions and additional guidance

Since the policies, laws, and restrictions involved in political activities on campus are complex and involve both constitutional and statutory considerations, employees are encouraged to consult the UTHealth Houston Office of Legal Affairs with any questions.

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