Relating to the penalty for the crime of election fraud; increasing a criminal penalty, the official text

H.B. No. 5115

AN ACT

relating to the penalty for the crime of election fraud; increasing

a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 276.013(a) and (b), Election Code, are

amended to read as follows:

(a) A person commits an offense if the person knowingly or

intentionally makes any effort to:

(1) influence the independent exercise of the vote of

another in the presence of the ballot or during the voting process,

including by altering the ballot of another or by otherwise causing

a ballot to not reflect the intent of the voter;

(2) cause a voter to become registered, a ballot to be

obtained, or a vote to be cast under false pretenses;

(3) cause any false or intentionally misleading

statement, representation, or information to be provided:

(A) to an election official; or

(B) on an application for ballot by mail, carrier

envelope, or any other official election-related form or document;

(4) prevent a voter from casting a legal ballot in an

election in which the voter is eligible to vote;

(5) provide false information to a voter with the

intent of preventing the voter from voting in an election in which

the voter is eligible to vote;

(6) cause the ballot not to reflect the intent of the

voter;

(7) cause a ballot to be voted for another person that

the person knows to be deceased or otherwise knows not to be a

qualified or registered voter;

(8) cause or enable a vote to be cast more than once in

the same election; [or]

(9) discard or destroy a voter's completed ballot

without the voter's consent;

(10) count votes the person knows are invalid or alter

a report to include votes the person knows are invalid; or

(11) refuse to count votes the person knows are valid

or alter a report to exclude votes the person knows are valid.

(b) An offense under this section is a felony of the second

degree [Class A misdemeanor], unless:

(1) the person committed the offense while acting in

the person's capacity as an elected official, in which case the

offense is a [state jail] felony of the first degree; or

(2) the person is convicted of an attempt, in which

case the offense is a felony of the third degree [Class B

misdemeanor].

SECTION 2. The following provisions of the Election Code

are repealed:

(1) Section 276.013(c); and

(2) Section 276.014.

SECTION 3. 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 when 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 occurred before that date.

SECTION 4. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 5115 was passed by the House on May

15, 2025, by the following vote: Yeas 88, Nays 54, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 5115 was passed by the Senate on May

28, 2025, by the following vote: Yeas 21, Nays 10.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor