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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of obtaining |
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personally identifiable voter information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 276, Election Code, is amended by adding |
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Section 276.0051 to read as follows: |
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Sec. 276.0051. OBTAINING PERSONALLY IDENTIFIABLE VOTER |
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INFORMATION. (a) Except as provided by Subsection (b) or (c), a |
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person commits an offense if the person obtains or attempts to |
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obtain any personally identifiable information that connects a |
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voter to the voter's individual ballot selections in violation of |
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the voter's right to a secret ballot protected under Section 4, |
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Article VI, Texas Constitution. |
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(b) It is an exception to prosecution under this section |
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that: |
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(1) the person obtaining or attempting to obtain the |
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personally identifiable information is an election official |
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responsible for handling, storing, or making voter information |
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publicly available in compliance with other law; and |
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(2) the obtention or attempt occurred during the |
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lawful discharge of the person's official duty. |
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(c) It is an exception to prosecution under this section |
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that the person obtains or attempts to obtain personally |
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identifiable information that connects a voter to the voter's |
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individual ballot selections only under the order or authority of a |
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court or tribunal during an election contest or legal proceeding |
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related to an election contest. |
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(d) An offense under this section is a felony of the third |
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degree. |
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(e) Notwithstanding Section 3.03(a), Penal Code, a court |
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may order the sentences of confinement to which a person is |
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sentenced to run consecutively as described by Article 42.08, Code |
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of Criminal Procedure, if a person is convicted under this section |
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and is also found guilty of one or more additional offenses arising |
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out of: |
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(1) the same criminal episode; and |
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(2) the person's use of the information obtained in |
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violation of this section. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes |
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of this section, an offense was committed before the effective date |
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of this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2025. |