Texas 2025 - 89th Regular

Texas House Bill HB242 Compare Versions

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1-89R22098 TSS-D
2- By: Guillen, et al. H.B. No. 242
3- Substitute the following for H.B. No. 242:
4- By: Shaheen C.S.H.B. No. 242
1+89R2258 TSS-D
2+ By: Guillen H.B. No. 242
3+
4+
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
9- relating to the creation of the criminal offense of disseminating
9+ relating to the creation of the criminal offense of obtaining
1010 personally identifiable voter information.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Chapter 276, Election Code, is amended by adding
1313 Section 276.0051 to read as follows:
14- Sec. 276.0051. DISSEMINATING PERSONALLY IDENTIFIABLE VOTER
14+ Sec. 276.0051. OBTAINING PERSONALLY IDENTIFIABLE VOTER
1515 INFORMATION. (a) Except as provided by Subsection (b) or (c), a
16- person commits an offense if the person knowingly disseminates any
17- personally identifiable information that connects a voter to the
18- voter's individual ballot selections in violation of the voter's
19- right to a secret ballot protected under Section 4, Article VI,
20- Texas Constitution.
16+ person commits an offense if the person obtains or attempts to
17+ obtain any personally identifiable information that connects a
18+ voter to the voter's individual ballot selections in violation of
19+ the voter's right to a secret ballot protected under Section 4,
20+ Article VI, Texas Constitution.
2121 (b) It is an exception to prosecution under this section
2222 that:
23- (1) the person disseminating the personally
24- identifiable information is an election official responsible for
25- handling, storing, or making voter information publicly available
26- in compliance with other law; and
27- (2) the dissemination occurred during the lawful
28- discharge of the person's official duty.
23+ (1) the person obtaining or attempting to obtain the
24+ personally identifiable information is an election official
25+ responsible for handling, storing, or making voter information
26+ publicly available in compliance with other law; and
27+ (2) the obtention or attempt occurred during the
28+ lawful discharge of the person's official duty.
2929 (c) It is an exception to prosecution under this section
30- that the person disseminates personally identifiable information
31- that connects a voter to the voter's individual ballot selections:
32- (1) under the order or authority of a court or
33- tribunal; or
34- (2) with the voter's permission.
30+ that the person obtains or attempts to obtain personally
31+ identifiable information that connects a voter to the voter's
32+ individual ballot selections only under the order or authority of a
33+ court or tribunal during an election contest or legal proceeding
34+ related to an election contest.
3535 (d) An offense under this section is a felony of the third
3636 degree.
3737 (e) Notwithstanding Section 3.03(a), Penal Code, a court
3838 may order the sentences of confinement to which a person is
3939 sentenced to run consecutively as described by Article 42.08, Code
4040 of Criminal Procedure, if a person is convicted under this section
4141 and is also found guilty of one or more additional offenses arising
4242 out of:
4343 (1) the same criminal episode; and
44- (2) the person's use of the information disseminated
45- in violation of this section.
44+ (2) the person's use of the information obtained in
45+ violation of this section.
4646 SECTION 2. The changes in law made by this Act apply only to
4747 an offense committed on or after the effective date of this Act. An
4848 offense committed before the effective date of this Act is governed
4949 by the law in effect on the date the offense was committed, and the
5050 former law is continued in effect for that purpose. For purposes
5151 of this section, an offense was committed before the effective date
5252 of this Act if any element of the offense was committed before that
5353 date.
5454 SECTION 3. This Act takes effect September 1, 2025.