89R2258 TSS-D
 
  By: Guillen H.B. No. 242
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the criminal offense of obtaining
  personally identifiable voter information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 276, Election Code, is amended by adding
  Section 276.0051 to read as follows:
         Sec. 276.0051.  OBTAINING PERSONALLY IDENTIFIABLE VOTER
  INFORMATION. (a)  Except as provided by Subsection (b) or (c), a
  person commits an offense if the person obtains or attempts to
  obtain any personally identifiable information that connects a
  voter to the voter's individual ballot selections in violation of
  the voter's right to a secret ballot protected under Section 4,
  Article VI, Texas Constitution. 
         (b)  It is an exception to prosecution under this section
  that:
               (1)  the person obtaining or attempting to obtain the
  personally identifiable information is an election official
  responsible for handling, storing, or making voter information
  publicly available in compliance with other law; and
               (2)  the obtention or attempt occurred during the
  lawful discharge of the person's official duty. 
         (c)  It is an exception to prosecution under this section
  that the person obtains or attempts to obtain personally
  identifiable information that connects a voter to the voter's
  individual ballot selections only under the order or authority of a
  court or tribunal during an election contest or legal proceeding
  related to an election contest.
         (d)  An offense under this section is a felony of the third
  degree. 
         (e)  Notwithstanding Section 3.03(a), Penal Code, a court
  may order the sentences of confinement to which a person is
  sentenced to run consecutively as described by Article 42.08, Code
  of Criminal Procedure, if a person is convicted under this section
  and is also found guilty of one or more additional offenses arising
  out of:
               (1)  the same criminal episode; and
               (2)  the person's use of the information obtained in
  violation of this section.
         SECTION 2.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act.  An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose.  For purposes
  of this section, an offense was committed before the effective date
  of this Act if any element of the offense was committed before that
  date.
         SECTION 3.  This Act takes effect September 1, 2025.