BILL ANALYSIS

C.S.H.B. 1489

By: Oliverson

Elections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Current law does not prohibit a county, municipality, or other political subdivision from the unsolicited distribution of voter registration cards, with or without the request of a potential voter. The bill author has informed the committee that before the 2024 general election, Bexar County and Travis County used taxpayer funds to contract with a third-party company to send out unsolicited voter registration cards, raising concerns about the proper use of public funds and the integrity of the voter registration process. C.S.H.B. 1489 seeks to address these concerns by prohibiting state and local officers and employees from distributing voter registration forms to or using public funds to facilitate the distribution of such forms to individuals who have not requested them.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes 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

C.S.H.B. 1489 amends the Election Code to prohibit an officer or employee of the state or of a political subdivision of the state from doing the following, except as otherwise provided by a provision of the Election Code:

· distributing a form on which a person may apply for voter registration to a person who did not request it; or

· using public funds to facilitate the distribution by another person of such a form the officer or employee would be prohibited from distributing under the bill.

The bill authorizes a political party or a candidate for office to distribute such a form to a person who did not request it. The bill creates a Class A misdemeanor offense for an officer or employee of the state or of a political subdivision of the state who violates any of the bill's prohibitions.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1489 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The bill, as introduced, prohibits the distribution of a voter registration application form to individuals not requesting it, allowing exceptions only for political parties or candidates to distribute such forms, and for provisions in the Election Code related to volunteer and high school deputy registrars. The substitute makes the prohibition applicable, except as provided in the Election Code.

Additionally, the substitute adds new provisions that establish a Class A misdemeanor for any state or political subdivision officer or employee who violates the prohibitions set by the bill.