BILL ANALYSIS C.S.H.B. 242 By: Guillen Elections Committee Report (Substituted) BACKGROUND AND PURPOSE Texas voters have a constitutional right to a secret ballot, but the bill author has informed the committee of growing concern over unauthorized access to personally identifiable voter information, which undermines election integrity and voter confidence. C.S.H.B. 242 seeks to address these concerns by creating a criminal offense for a person who disseminates certain personally identifiable voter information in violation of a voter's right to a secret ballot. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 242 amends the Election Code to create a third degree felony offense for a person who knowingly disseminates 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 the Texas Constitution. The bill establishes the following as exceptions to prosecution of the offense: the person disseminating the information is an election official responsible for handling, storing, or making voter information publicly available in compliance with other law and the dissemination occurred during the lawful discharge of the person's official duty; and the person disseminates the information under the order or authority of a court or tribunal or with the voter's permission. C.S.H.B. 242 authorizes a court, if a person is convicted of the offense and is also found guilty of one or more additional offenses arising out of the same criminal episode and the person's use of the disseminated information, to order the sentences of confinement to which the person is sentenced to run consecutively. C.S.H.B. 242 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 242 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. While both the introduced and substitute contain provisions that create a third degree felony offense, create exceptions to that offense, and provide for a person convicted of the offense to serve consecutive sentences for conviction of additional offenses, the two versions differ as follows: the substitute replaces the conduct constituting the offense from obtaining or attempting to obtain any personally identifiable information that connects a voter to the voter's individual ballot selections, as in the introduced, with knowingly disseminating any such information; accordingly, the substitute replaces references to the conduct of obtaining or attempting to obtain the information, as in the introduced, with references to the conduct of disseminating the information in bill provisions establishing exceptions to prosecution for the offense; with respect to the exception to prosecution for a person who disseminates such information under the order or authority of a court or tribunal, the substitute, as follows: o removes the condition from the introduced that the person does so during an election contest or legal proceeding related to an election contest; and o includes a provision absent from the introduced proving an exception for a person who disseminates the information with the voter's permission as an alternative to disseminating the information under the order or authority of a court of tribunal; and the substitute replaces as a condition on a court's authority to order consecutive sentences of confinement under the bill that the person is found guilty of one or more additional offenses arising out of the same criminal episode and the person's use of the obtained information, as in the introduced, with the condition of the person being found guilty of one or more additional offenses arising out of the same episode and the person's use of the disseminated information.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 242
By: Guillen
Elections
Committee Report (Substituted)
C.S.H.B. 242
By: Guillen
Elections
Committee Report (Substituted)
BACKGROUND AND PURPOSE Texas voters have a constitutional right to a secret ballot, but the bill author has informed the committee of growing concern over unauthorized access to personally identifiable voter information, which undermines election integrity and voter confidence. C.S.H.B. 242 seeks to address these concerns by creating a criminal offense for a person who disseminates certain personally identifiable voter information in violation of a voter's right to a secret ballot.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 242 amends the Election Code to create a third degree felony offense for a person who knowingly disseminates 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 the Texas Constitution. The bill establishes the following as exceptions to prosecution of the offense: the person disseminating the information is an election official responsible for handling, storing, or making voter information publicly available in compliance with other law and the dissemination occurred during the lawful discharge of the person's official duty; and the person disseminates the information under the order or authority of a court or tribunal or with the voter's permission. C.S.H.B. 242 authorizes a court, if a person is convicted of the offense and is also found guilty of one or more additional offenses arising out of the same criminal episode and the person's use of the disseminated information, to order the sentences of confinement to which the person is sentenced to run consecutively. C.S.H.B. 242 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 242 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. While both the introduced and substitute contain provisions that create a third degree felony offense, create exceptions to that offense, and provide for a person convicted of the offense to serve consecutive sentences for conviction of additional offenses, the two versions differ as follows: the substitute replaces the conduct constituting the offense from obtaining or attempting to obtain any personally identifiable information that connects a voter to the voter's individual ballot selections, as in the introduced, with knowingly disseminating any such information; accordingly, the substitute replaces references to the conduct of obtaining or attempting to obtain the information, as in the introduced, with references to the conduct of disseminating the information in bill provisions establishing exceptions to prosecution for the offense; with respect to the exception to prosecution for a person who disseminates such information under the order or authority of a court or tribunal, the substitute, as follows: o removes the condition from the introduced that the person does so during an election contest or legal proceeding related to an election contest; and o includes a provision absent from the introduced proving an exception for a person who disseminates the information with the voter's permission as an alternative to disseminating the information under the order or authority of a court of tribunal; and the substitute replaces as a condition on a court's authority to order consecutive sentences of confinement under the bill that the person is found guilty of one or more additional offenses arising out of the same criminal episode and the person's use of the obtained information, as in the introduced, with the condition of the person being found guilty of one or more additional offenses arising out of the same episode and the person's use of the disseminated information.
BACKGROUND AND PURPOSE
Texas voters have a constitutional right to a secret ballot, but the bill author has informed the committee of growing concern over unauthorized access to personally identifiable voter information, which undermines election integrity and voter confidence. C.S.H.B. 242 seeks to address these concerns by creating a criminal offense for a person who disseminates certain personally identifiable voter information in violation of a voter's right to a secret ballot.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 242 amends the Election Code to create a third degree felony offense for a person who knowingly disseminates 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 the Texas Constitution. The bill establishes the following as exceptions to prosecution of the offense:
the person disseminating the information is an election official responsible for handling, storing, or making voter information publicly available in compliance with other law and the dissemination occurred during the lawful discharge of the person's official duty; and
the person disseminates the information under the order or authority of a court or tribunal or with the voter's permission.
C.S.H.B. 242 authorizes a court, if a person is convicted of the offense and is also found guilty of one or more additional offenses arising out of the same criminal episode and the person's use of the disseminated information, to order the sentences of confinement to which the person is sentenced to run consecutively.
C.S.H.B. 242 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 242 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
While both the introduced and substitute contain provisions that create a third degree felony offense, create exceptions to that offense, and provide for a person convicted of the offense to serve consecutive sentences for conviction of additional offenses, the two versions differ as follows:
the substitute replaces the conduct constituting the offense from obtaining or attempting to obtain any personally identifiable information that connects a voter to the voter's individual ballot selections, as in the introduced, with knowingly disseminating any such information;
accordingly, the substitute replaces references to the conduct of obtaining or attempting to obtain the information, as in the introduced, with references to the conduct of disseminating the information in bill provisions establishing exceptions to prosecution for the offense;
with respect to the exception to prosecution for a person who disseminates such information under the order or authority of a court or tribunal, the substitute, as follows:
o removes the condition from the introduced that the person does so during an election contest or legal proceeding related to an election contest; and
o includes a provision absent from the introduced proving an exception for a person who disseminates the information with the voter's permission as an alternative to disseminating the information under the order or authority of a court of tribunal; and
the substitute replaces as a condition on a court's authority to order consecutive sentences of confinement under the bill that the person is found guilty of one or more additional offenses arising out of the same criminal episode and the person's use of the obtained information, as in the introduced, with the condition of the person being found guilty of one or more additional offenses arising out of the same episode and the person's use of the disseminated information.