Honorable Matt Shaheen, Chair, House Committee on Elections
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB5337 by Isaac (Relating to requiring a person to submit proof of citizenship to register to vote; creating criminal offenses.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB5337, As Introduced: a negative impact of ($1,051,587) through the biennium ending August 31, 2027.
General Revenue-Related Funds, Five- Year Impact:
Fiscal Year
Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2026
($781,244)
2027
($270,343)
2028
($270,343)
2029
($270,343)
2030
($270,343)
All Funds, Five-Year Impact:
Fiscal Year
Probable Savings/(Cost) from General Revenue Fund 1
Change in Number of State Employees from FY 2025
2026
($781,244)
2.0
2027
($270,343)
2.0
2028
($270,343)
2.0
2029
($270,343)
2.0
2030
($270,343)
2.0
Fiscal Analysis
The bill would amend the Election Code to require provision of documentary evidence of citizenship to a voter registrar or to the Department of Public Safety (DPS) when registering to vote. The bill would require the Secretary of State (SOS) to verify whether voter registrations submitted without this evidence were submitted by a citizen of the United States within certain timelines and procedures. The bill would require SOS and voter registrars to make available to the Office of the Attorney General (OAG) a list of persons who have registered to vote but for whom citizenship has not been either proven or verified. The bill would require that the SOS request the United States Election Assistance Commission (EAC) modify the federal voter registration application form to include a requirement that applicants submit documented proof of citizenship as a condition for voter registration in Texas and for the OAG to seek enforcement in court if this modification is not granted by the EAC.
Methodology
According to the SOS, the bill would have two notable costs. First, it would require the modification of the Texas Election Administration Management (TEAM) system to record whether an individual has submitted evidence of citizenship at an estimated cost of $578,931 in fiscal year 2026 and $84,000 per fiscal year thereafter. Second, according to the SOS, the bill would require additional staff to conduct citizenship verification reviews and to coordinate with county voter registrars. SOS estimates that this new role would require two Program Specialist V positions at $70,662 per FTE per fiscal year, with associated benefits and other costs for both positions of $45,019 per year. SOS also estimates that the positions would require $15,970 in setup costs in fiscal year 2026.
According to the Health and Human Services Commission, any costs to the agency could be absorbed within existing resources. It is also assumed that any costs related to the bill at the OAG could be absorbed within existing resources.
According to the Office of Court Administration, the cost to the state court system cannot be determined; however, it is assumed that any costs could be absorbed within existing resources.
According to the Comptroller of Public Accounts (CPA), the fiscal impact to the state cannot be estimated other than for administrative costs detailed above; however, it is assumed that any costs to the CPA could be absorbed within existing resources.
According to the Department of Public Safety, no significant fiscal implication to the agency is anticipated.
The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to a lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.
Technology
The SOS estimates that it would require 2,281 hours for configuration, implementation, and testing of changes in the TEAM system to comply with the bill as follows: Business Analysis & Testing, 552 hours at $174 per hour ($96,048); Development, 1,647 hours at $185 per hour ($304,695); and Project Management, 82 hours at $234 per hour ($19,188) for a total estimated development cost of $419,931.
According to the SOS, the bill would also increase maintenance and storage costs at an estimated $84,000 per year beginning in fiscal year 2026 and continuing thereafter.
The SOS estimates that additional one-time development costs associated with modifying several interagency applications and processes impacted by the bill would be $75,000 in fiscal year 2026.
Local Government Impact
Creating a new offense may result in increased demands upon local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or confined in local jails.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 307 Secretary of State, 405 Department of Public Safety, 529 Health and Human Services Commission