Bill Text: TX HB242 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the creation of the criminal offense of obtaining personally identifiable voter information.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB242 Detail]
Download: Texas-2025-HB242-Introduced.html
| 89R2258 TSS-D | ||
| By: Guillen | H.B. No. 242 | |
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| relating to the creation of the criminal offense of obtaining | ||
| personally identifiable voter information. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 276, Election Code, is amended by adding | ||
| Section 276.0051 to read as follows: | ||
| Sec. 276.0051. OBTAINING PERSONALLY IDENTIFIABLE VOTER | ||
| INFORMATION. (a) Except as provided by Subsection (b) or (c), a | ||
| person commits an offense if the person obtains or attempts to | ||
| obtain any personally identifiable information that connects a | ||
| voter to the voter's individual ballot selections in violation of | ||
| the voter's right to a secret ballot protected under Section 4, | ||
| Article VI, Texas Constitution. | ||
| (b) It is an exception to prosecution under this section | ||
| that: | ||
| (1) the person obtaining or attempting to obtain the | ||
| personally identifiable information is an election official | ||
| responsible for handling, storing, or making voter information | ||
| publicly available in compliance with other law; and | ||
| (2) the obtention or attempt occurred during the | ||
| lawful discharge of the person's official duty. | ||
| (c) It is an exception to prosecution under this section | ||
| that the person obtains or attempts to obtain personally | ||
| identifiable information that connects a voter to the voter's | ||
| individual ballot selections only under the order or authority of a | ||
| court or tribunal during an election contest or legal proceeding | ||
| related to an election contest. | ||
| (d) An offense under this section is a felony of the third | ||
| degree. | ||
| (e) Notwithstanding Section 3.03(a), Penal Code, a court | ||
| may order the sentences of confinement to which a person is | ||
| sentenced to run consecutively as described by Article 42.08, Code | ||
| of Criminal Procedure, if a person is convicted under this section | ||
| and is also found guilty of one or more additional offenses arising | ||
| out of: | ||
| (1) the same criminal episode; and | ||
| (2) the person's use of the information obtained in | ||
| violation of this section. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| an offense committed on or after the effective date of this Act. An | ||
| offense committed before the effective date of this Act is governed | ||
| by the law in effect on the date the offense was committed, and the | ||
| former law is continued in effect for that purpose. For purposes | ||
| of this section, an offense was committed before the effective date | ||
| of this Act if any element of the offense was committed before that | ||
| date. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
