BILL ANALYSIS

 

 

Senate Research Center	C.S.H.B. 3909
89R32531 LRM-D	By: Hickland et al. (Zaffirini)
	State Affairs
	5/23/2025
	Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law prohibits the use of wireless communication devices within 100 feet of a voting station. At many polling locations, this effectively bans people from using their phones while waiting in line outside to vote�an unnecessary restriction that is difficult and time-consuming for election workers to enforce.

 

H.B. 3909 would limit the prohibition on wireless communication devices to only the room where voting is taking place.  

 

(Original Author's/Sponsor's Statement of Intent)

 

C.S.H.B. 3909 amends current law relating to the use of a wireless communication device at a polling place.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 61.014, Election Code, by amending Subsection (a) and adding Subsection (e), as follows:

 

(a) Prohibits a person, except as permitted by Sections 61.012 (Access by Persons with Disabilities) and 61.013 (Access by Persons with Disabilities: Elections of Certain Political Subdivisions), from using a wireless communication device within 100 feet of a voting station or, if a polling station uses an electronic pollbook system hardwired to a printer, within a room in which voting is taking place. Makes nonsubstantive changes.

 

(e) Requires the secretary of state to require a presiding judge to post a notice that states the prohibition on the use of a wireless communication device in a prominent and reasonably visible location outside of a room in which voting is taking place.

 

SECTION 2. Effective date: September 1, 2025.