Old | New | Differences | |
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1 | - | ||
2 | - | By: Guillen | |
3 | - | ||
4 | - | ||
1 | + | 89R2258 TSS-D | |
2 | + | By: Guillen H.B. No. 242 | |
3 | + | ||
4 | + | ||
5 | 5 | ||
6 | 6 | ||
7 | 7 | A BILL TO BE ENTITLED | |
8 | 8 | AN ACT | |
9 | - | relating to the creation of the criminal offense of | |
9 | + | relating to the creation of the criminal offense of obtaining | |
10 | 10 | personally identifiable voter information. | |
11 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
12 | 12 | SECTION 1. Chapter 276, Election Code, is amended by adding | |
13 | 13 | Section 276.0051 to read as follows: | |
14 | - | Sec. 276.0051. | |
14 | + | Sec. 276.0051. OBTAINING PERSONALLY IDENTIFIABLE VOTER | |
15 | 15 | INFORMATION. (a) Except as provided by Subsection (b) or (c), a | |
16 | - | person commits an offense if the person | |
17 | - | personally identifiable information that connects a | |
18 | - | voter's individual ballot selections in violation of | |
19 | - | right to a secret ballot protected under Section 4, | |
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. | |
21 | 21 | (b) It is an exception to prosecution under this section | |
22 | 22 | that: | |
23 | - | (1) the person | |
24 | - | identifiable information is an election official | |
25 | - | handling, storing, or making voter information | |
26 | - | in compliance with other law; and | |
27 | - | (2) the | |
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. | |
29 | 29 | (c) It is an exception to prosecution under this section | |
30 | - | that the person | |
31 | - | that connects a voter to the voter's | |
32 | - | | |
33 | - | tribunal | |
34 | - | | |
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. | |
35 | 35 | (d) An offense under this section is a felony of the third | |
36 | 36 | degree. | |
37 | 37 | (e) Notwithstanding Section 3.03(a), Penal Code, a court | |
38 | 38 | may order the sentences of confinement to which a person is | |
39 | 39 | sentenced to run consecutively as described by Article 42.08, Code | |
40 | 40 | of Criminal Procedure, if a person is convicted under this section | |
41 | 41 | and is also found guilty of one or more additional offenses arising | |
42 | 42 | out of: | |
43 | 43 | (1) the same criminal episode; and | |
44 | - | (2) the person's use of the information | |
45 | - | ||
44 | + | (2) the person's use of the information obtained in | |
45 | + | violation of this section. | |
46 | 46 | SECTION 2. The changes in law made by this Act apply only to | |
47 | 47 | an offense committed on or after the effective date of this Act. An | |
48 | 48 | offense committed before the effective date of this Act is governed | |
49 | 49 | by the law in effect on the date the offense was committed, and the | |
50 | 50 | former law is continued in effect for that purpose. For purposes | |
51 | 51 | of this section, an offense was committed before the effective date | |
52 | 52 | of this Act if any element of the offense was committed before that | |
53 | 53 | date. | |
54 | 54 | SECTION 3. This Act takes effect September 1, 2025. |