Texas 2025 89th Regular

Texas House Bill HB3323 House Committee Report / Analysis

Filed 04/16/2025

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                    BILL ANALYSIS             H.B. 3323     By: Swanson     Elections     Committee Report (Unamended)             BACKGROUND AND PURPOSE    The bill author has informed the committee that while current law requires the counting of ballots to be conducted continuously at the precinct level, there is no such requirement for the central counting station. The bill author has also informed the committee that in the 2022 primary election, the central counting station in Harris County did not complete its work until 2:00 a.m. the Thursday following Election Day, slowing down election results and leading to multiple legal issues. H.B. 3323 seeks to remedy this situation by providing for ballots to be counted continuously at the central counting station until all ballots are counted.        CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change 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    H.B. 3323 amends the Election Code to establish that the tabulation supervisor of a central counting station is in charge of ensuring that the counting of ballots is conducted continuously until all the ballots are counted. The bill establishes that a tabulation supervisor commits an offense if the tabulation supervisor fails to comply with an eligibility requirement for appointment as a supervisor or with a required supervisory responsibility. The bill requires the attorney general to assess a civil penalty of $500 for such an offense and makes the tabulation supervisor personally liable for any assessed penalties.       EFFECTIVE DATE    On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

BILL ANALYSIS



# BILL ANALYSIS

H.B. 3323
By: Swanson
Elections
Committee Report (Unamended)



H.B. 3323

By: Swanson

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE    The bill author has informed the committee that while current law requires the counting of ballots to be conducted continuously at the precinct level, there is no such requirement for the central counting station. The bill author has also informed the committee that in the 2022 primary election, the central counting station in Harris County did not complete its work until 2:00 a.m. the Thursday following Election Day, slowing down election results and leading to multiple legal issues. H.B. 3323 seeks to remedy this situation by providing for ballots to be counted continuously at the central counting station until all ballots are counted.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change 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    H.B. 3323 amends the Election Code to establish that the tabulation supervisor of a central counting station is in charge of ensuring that the counting of ballots is conducted continuously until all the ballots are counted. The bill establishes that a tabulation supervisor commits an offense if the tabulation supervisor fails to comply with an eligibility requirement for appointment as a supervisor or with a required supervisory responsibility. The bill requires the attorney general to assess a civil penalty of $500 for such an offense and makes the tabulation supervisor personally liable for any assessed penalties.
EFFECTIVE DATE    On passage, or, if the bill does not receive the necessary vote, September 1, 2025.



BACKGROUND AND PURPOSE

The bill author has informed the committee that while current law requires the counting of ballots to be conducted continuously at the precinct level, there is no such requirement for the central counting station. The bill author has also informed the committee that in the 2022 primary election, the central counting station in Harris County did not complete its work until 2:00 a.m. the Thursday following Election Day, slowing down election results and leading to multiple legal issues. H.B. 3323 seeks to remedy this situation by providing for ballots to be counted continuously at the central counting station until all ballots are counted.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change 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

H.B. 3323 amends the Election Code to establish that the tabulation supervisor of a central counting station is in charge of ensuring that the counting of ballots is conducted continuously until all the ballots are counted. The bill establishes that a tabulation supervisor commits an offense if the tabulation supervisor fails to comply with an eligibility requirement for appointment as a supervisor or with a required supervisory responsibility. The bill requires the attorney general to assess a civil penalty of $500 for such an offense and makes the tabulation supervisor personally liable for any assessed penalties.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.