As we reported last week, mayoral candidate and Amarillo City Councilwoman Place 2 Freda Powell used her city government provided email address as a campaign email address when filing for the ballot last Wednesday. In response to this, our investigative team has looked into if this action violated state law.

According to Section 255.003(a) of the Texas Election Code, “An officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising.” Further, Section 255.003 notes that violation of the section is a Class A misdemeanor. Additionally, according to a 2019 advisory opinion by the Texas Ethics Commission:

Section 39.02(a)(2) of the Penal Code prohibits a public officer from using government resources, of which the officer has custody or possession, to create a photograph, video, or other communication for political advertising. In addition, section 255.003(a) of the Election Code prohibits a public officer, who is also an officer of a political subdivision, from using government resources, such as restricted areas of government facilities, for political advertising.

However, the quoted opinion related to the question of whether or not “a public officer may be interviewed in his or her government office for use in a campaign video.” It remains to be seen whether or not Powell’s actions are also prohibited under the law.

The Amarillo Pioneer has notified the Texas Rangers Public Integrity Unit regarding this incident.