GKB Community Relations: Advertising and Fund Raising in the Schools


A raffle is the awarding of one or more prizes by chance at a single occasion among a pool or group of persons who have paid or promised a thing of value for a ticket that represents a chance to win a prize. Occupations Code 2002.002(6)

A “qualified nonprofit organization” for purposes of The Charitable Raffle Enabling Act may conduct raffles in accordance with the Act to benefit the School. A parent-teacher organization may be qualified to hold such raffles if it meets the requirements of the Act. Occupations Code 2002.003, 2002.051; Atty. Gen. Op. JM-1176(1990) [See also Policy CDC and FJ]


A person commits an offense if the person erects or maintains a commercial sign or a sign in violation of Transportation Code Chapters 391 through 395 and the relevant provisions of the Administrative Code. Transp. Code 391.003, .0031, .061, .067, 392.032, 393.005, 394.021; 43 TAC Chapter 21

General Definitions

“Commercial sign” means a sign that is:

  1. Intended to be leased, or for which payment of any type is intended to be or is received, for the display of any good, service, brand, slogan, message, product, or company, except that the term does not include a sign that is leased to a business entity and located on the same property on which the business is located; or
  2. Located on property owned or leased for the primary purpose of displaying a sign.

Transp. Code 391.001(1-a)43 TAC 21.142(1)

“Sign” means any structure, display, light, device, figure, painting, drawing, message, plaque, placard, poster, billboard, logo, or symbol that is designed, intended, or used to advertise or inform. Transp. Code 391.001(11-a), 392.00, 393.001, 394.001, 395.002; 43 TAC 21.142(28), .402(17)

“Electronic sign” means a sign, display, or device that changes its message or copy by programmable electronic or mechanical processes. 43 TAC 21.251, .142(5)

“Directional sign” means a sign that contains only a message that identifies an attraction or activity and provides directional information, such as mileage, route number, or exit number, useful to the traveler in locating the attraction or activity. 43 TAC 21.941


When government speaks, it is not barred by the Free Speech Clause from determining the content of what it says. Government statements and actions that take the form of speech do not create a forum for private speech. The government does not unconstitutionally discriminate on the basis of viewpoint when it chooses to advance permissible goals, even if advancing those goals necessarily discourages alternative goals. The government may exercise its freedom to express its views, even when it receives assistance from private sources for the purpose of delivering a government-controlled message. Walker v. Tex. Div., Sons of Confederate Veterans, Inc., 135 S. Ct. 2239 (2015)

Adopted:         3/21/03

Amended:        1/25/19, 5/27/21

Reviewed:       1/27/06