Texas 2025 - 89th Regular

Texas Senate Bill SB891 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2329 LRM-D
2	2	By: Johnson S.B. No. 891
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to penalties for intimidation and harassment of election
10	10	officials and election interference; creating criminal offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 16, Election Code, is amended by adding
13	13	Chapter 280 to read as follows:
14	14	CHAPTER 280. INTIMIDATION OF ELECTION OFFICIALS AND ELECTION
15	15	INTERFERENCE
16	16	Sec. 280.0101. DEFINITIONS. In this chapter:
17	17	(1) "Election official" has the meaning assigned by
18	18	Section 1.005. The term also includes:
19	19	(A) a member of a local canvassing authority; or
20	20	(B) a county auditor or city secretary charged
21	21	with duties related to the administration of an election.
22	22	(2) "Family member" means an individual related to
23	23	another individual within the second degree of consanguinity or
24	24	affinity or an individual residing in the same household as another
25	25	individual.
26	26	(3) "Personal information" means personal identifying
27	27	information or sensitive personal information, as those terms are
28	28	defined by Section 521.002, Business & Commerce Code, or a person's
29	29	residence address in combination with a photograph or description
30	30	of and directions to the residence.
31	31	Sec. 280.0102. INTIMIDATION AND HARASSMENT OF ELECTION
32	32	OFFICIALS. (a) A person commits an offense if the person, on more
33	33	than one occasion and pursuant to the same scheme or course of
34	34	conduct that is directed specifically at an election official in
35	35	the performance of statutory or other official duties related to
36	36	the administration of an election or as a result of action taken or
37	37	a decision made in the course of that performance, knowingly
38	38	engages in conduct that:
39	39	(1) constitutes an offense under Section 42.07, Penal
40	40	Code, or the actor knows or reasonably should know the election
41	41	official will regard as threatening:
42	42	(A) bodily injury or death for the election
43	43	official;
44	44	(B) bodily injury or death for a family member of
45	45	the election official or for an individual with whom the election
46	46	official has a dating relationship; or
47	47	(C) that an offense will be committed against the
48	48	election official's property;
49	49	(2) causes the election official, a family member of
50	50	the election official, or an individual with whom the election
51	51	official has a dating relationship to be placed in fear of bodily
52	52	injury or death or in fear that an offense will be committed against
53	53	the election official's property, or to feel harassed, annoyed,
54	54	alarmed, abused, tormented, embarrassed, or offended; and
55	55	(3) would cause a reasonable person to:
56	56	(A) fear bodily injury or death for himself or
57	57	herself;
58	58	(B) fear bodily injury or death for a family
59	59	member of the person or for an individual with whom the person has a
60	60	dating relationship;
61	61	(C) fear that an offense will be committed
62	62	against the person's property; or
63	63	(D) feel harassed, annoyed, alarmed, abused,
64	64	tormented, embarrassed, or offended.
65	65	(b) A person commits an offense if the person directly or
66	66	indirectly uses or threatens force, coercion, violence, restraint,
67	67	damage, harm, or loss, including loss of employment or financial
68	68	reprisal, against another with the intent to influence an election
69	69	official in the performance of a duty related to the administration
70	70	of an election.
71	71	(c) An offense under this section is a felony of the third
72	72	degree, except that the offense is a felony of the second degree if
73	73	the actor has previously been convicted of an offense under this
74	74	section or a law that contains elements that are substantially
75	75	similar to the elements of an offense under this section or the laws
76	76	of another recognized United States jurisdiction.
77	77	Sec. 280.0103. ELECTION INTERFERENCE. A person commits an
78	78	offense if the person intentionally interferes with, hinders, or
79	79	prevents an election official from performing a statutory or other
80	80	official duty related to the administration of an election.
81	81	Sec. 280.0104. DISSEMINATION OF PERSONAL INFORMATION. (a)
82	82	A person commits an offense if the person, knowingly and without
83	83	consent, disseminates personal information about an election
84	84	official or a family member of an election official if:
85	85	(1) the dissemination poses an imminent and serious
86	86	threat to the election official's safety or the safety of a family
87	87	member of the election official; and
88	88	(2) the person disseminating the information knows or
89	89	reasonably should know of any imminent and serious threat.
90	90	(b) An offense under this section is a misdemeanor
91	91	punishable by:
92	92	(1) a fine of not more than $1,000;
93	93	(2) confinement in the county jail for not more than
94	94	six months; or
95	95	(3) both the fine and confinement.
96	96	Sec. 280.0105. OBSTRUCTING ACCESS OR EGRESS. A person
97	97	commits an offense if the person intentionally and physically
98	98	obstructs an election official's access to or egress from:
99	99	(1) a polling place;
100	100	(2) a meeting of a local canvassing authority;
101	101	(3) a place where election supplies are located; or
102	102	(4) any other place where an election official is
103	103	performing statutory or other official duties related to the
104	104	administration of an election.
105	105	Sec. 280.0106. CONSPIRACY. (a) A person commits a
106	106	conspiracy if, with intent:
107	107	(1) the person agrees with one or more persons that
108	108	they or one or more of them engage in conduct that would violate a
109	109	provision of this chapter; and
110	110	(2) the person or one or more of the persons with whom
111	111	the person has an agreement described by Subdivision (1) perform an
112	112	overt act in pursuance of the agreement.
113	113	(b) An agreement constituting a conspiracy may be inferred
114	114	from acts of the parties.
115	115	(c) It is no defense to prosecution for conspiracy that:
116	116	(1) one or more of the coconspirators are not
117	117	responsible for the violation of this chapter;
118	118	(2) one or more of the coconspirators have been
119	119	acquitted, so long as two or more coconspirators have not been
120	120	acquitted;
121	121	(3) one or more of the coconspirators have not been
122	122	prosecuted or convicted, have been convicted of a different
123	123	offense, or are immune from prosecution;
124	124	(4) the actor belongs to a class of persons that is
125	125	legally incapable of committing a violation of this chapter in an
126	126	individual capacity; or
127	127	(5) the violation of this chapter was actually
128	128	committed.
129	129	(d) An offense under this section is a state jail felony.
130	130	Sec. 280.0107. PENALTIES. Except as otherwise provided, an
131	131	offense under this chapter is a felony of the third degree.
132	132	SECTION 2. Section 552.117(a), Government Code, is amended
133	133	to read as follows:
134	134	(a) Information is excepted from the requirements of
135	135	Section 552.021 if it is information that relates to the home
136	136	address, home telephone number, emergency contact information, or
137	137	social security number of the following person or that reveals
138	138	whether the person has family members:
139	139	(1) a current or former official or employee of a
140	140	governmental body, except as otherwise provided by Section 552.024;
141	141	(2) a current or honorably retired peace officer as
142	142	defined by Article 2A.001, Code of Criminal Procedure, or a current
143	143	or honorably retired security officer commissioned under Section
144	144	51.212, Education Code, regardless of whether the officer complies
145	145	with Section 552.024 or 552.1175, as applicable;
146	146	(3) a current or former employee of the Texas
147	147	Department of Criminal Justice or of the predecessor in function of
148	148	the department or any division of the department, regardless of
149	149	whether the current or former employee complies with Section
150	150	552.1175;
151	151	(4) a peace officer as defined by Article 2A.001, Code
152	152	of Criminal Procedure, or other law, a reserve law enforcement
153	153	officer, a commissioned deputy game warden, or a corrections
154	154	officer in a municipal, county, or state penal institution in this
155	155	state who was killed in the line of duty, regardless of whether the
156	156	deceased complied with Section 552.024 or 552.1175;
157	157	(5) a commissioned security officer as defined by
158	158	Section 1702.002, Occupations Code, regardless of whether the
159	159	officer complies with Section 552.024 or 552.1175, as applicable;
160	160	(6) an officer or employee of a community supervision
161	161	and corrections department established under Chapter 76 who
162	162	performs a duty described by Section 76.004(b), regardless of
163	163	whether the officer or employee complies with Section 552.024 or
164	164	552.1175;
165	165	(7) a current or former employee of the office of the
166	166	attorney general who is or was assigned to a division of that office
167	167	the duties of which involve law enforcement or are performed under
168	168	Chapter 231, Family Code, regardless of whether the current or
169	169	former employee complies with Section 552.024 or 552.1175;
170	170	(8) a current or former employee of the Texas Juvenile
171	171	Justice Department or of the predecessors in function of the
172	172	department, regardless of whether the current or former employee
173	173	complies with Section 552.024 or 552.1175;
174	174	(9) a current or former juvenile probation or
175	175	supervision officer certified by the Texas Juvenile Justice
176	176	Department, or the predecessors in function of the department,
177	177	under Title 12, Human Resources Code, regardless of whether the
178	178	current or former officer complies with Section 552.024 or
179	179	552.1175;
180	180	(10) a current or former employee of a juvenile
181	181	justice program or facility, as those terms are defined by Section
182	182	261.405, Family Code, regardless of whether the current or former
183	183	employee complies with Section 552.024 or 552.1175;
184	184	(11) a current or former member of the United States
185	185	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
186	186	service of one of those branches of the armed forces, or the Texas
187	187	military forces, as that term is defined by Section 437.001;
188	188	(12) a current or former district attorney, criminal
189	189	district attorney, or county or municipal attorney whose
190	190	jurisdiction includes any criminal law or child protective services
191	191	matters, regardless of whether the current or former attorney
192	192	complies with Section 552.024 or 552.1175;
193	193	(13) a current or former employee of a district
194	194	attorney, criminal district attorney, or county or municipal
195	195	attorney whose jurisdiction includes any criminal law or child
196	196	protective services matters, regardless of whether the current or
197	197	former employee complies with Section 552.024 or 552.1175;
198	198	(14) a current or former employee of the Texas Civil
199	199	Commitment Office or of the predecessor in function of the office or
200	200	a division of the office, regardless of whether the current or
201	201	former employee complies with Section 552.024 or 552.1175;
202	202	(15) a current or former federal judge or state judge,
203	203	as those terms are defined by Section 1.005, Election Code, a
204	204	federal bankruptcy judge, a marshal of the United States Marshals
205	205	Service, a United States attorney, or a family member of a current
206	206	or former federal judge, including a federal bankruptcy judge, a
207	207	marshal of the United States Marshals Service, a United States
208	208	attorney, or a state judge;
209	209	(16) a current or former child protective services
210	210	caseworker, adult protective services caseworker, or investigator
211	211	for the Department of Family and Protective Services, regardless of
212	212	whether the caseworker or investigator complies with Section
213	213	552.024 or 552.1175, or a current or former employee of a department
214	214	contractor performing child protective services caseworker, adult
215	215	protective services caseworker, or investigator functions for the
216	216	contractor on behalf of the department;
217	217	(17) an elected public officer, regardless of whether
218	218	the officer complies with Section 552.024 or 552.1175;
219	219	(18) a current or former United States attorney,
220	220	assistant United States attorney, federal public defender, deputy
221	221	federal public defender, or assistant federal public defender and
222	222	the spouse or child of the current or former attorney or public
223	223	defender, regardless of whether the person complies with Section
224	224	552.024 or 552.1175; [or]
225	225	(19) a firefighter or volunteer firefighter or
226	226	emergency medical services personnel as defined by Section 773.003,
227	227	Health and Safety Code, regardless of whether the firefighter or
228	228	volunteer firefighter or emergency medical services personnel
229	229	comply with Section 552.024 or 552.1175, as applicable; or
230	230	(20) a current election official, as defined by
231	231	Section 280.0101, Election Code.
232	232	SECTION 3. This Act takes effect September 1, 2025.