89R2258 TSS-D
By: Guillen H.B. No. 242
A BILL TO BE ENTITLED
AN ACT
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.