By: Little H.B. No. 5491       A BILL TO BE ENTITLED   AN ACT   relating to vote harvesting; creating a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 276, Election Code, is amended by adding   Section 276.0151 to read as follows:          Sec. 276.0151.  CIVIL LIABILITY FOR UNLAWFUL VOTE   HARVESTING. (a)  In this section, "vote harvesting services" has   the meaning assigned by Section 276.015.          (b)  A person who commits an offense under Section 276.015 is   liable to any candidate harmed by the vote harvesting services for   damages and penalties that may be awarded under Subsection (d).          (c)  A person is harmed by the vote harvesting services if   the person can demonstrate that:                (1)  the person was a candidate for office;                (2)  the liable party committed an offense under   Section 276.015; and                (3)  another candidate seeking the same office as the   person received a vote attributable to the offense, regardless of   whether the other candidate knowingly participated in the vote   harvesting services.          (d)  A litigant who prevails in an action under Subsection   (c) shall recover from any person who committed the unlawful vote   harvesting services damages in an amount including:                (1)  the amount of any compensation paid to or received   by the person in exchange for the vote harvesting services;                (2)  the fair market value of any benefit given or   received in exchange for the vote harvesting services;                (3)  a penalty in the amount of $250 per affected vote;   and                (4)  reasonable attorney's fees, court costs, witness   fees, and deposition fees.          (e)  A litigant who prevails in an action under Subsection   (c) and shows that the number of voters contacted by the vote   harvesting services exceeds the number of votes by which the   litigant lost the election may recover from the person liable for   the unlawful vote harvesting services punitive damages in an amount   including:                (1)  any fees and expenses incurred by the litigant in   filing and securing a place on the ballot; and                (2)  any salary or other remuneration to which the   candidate would have been entitled if the candidate assumed the   office for which the candidate was nominated and placed on the   ballot.          (f)  A person who commits an offense under Section 276.015   and is found liable under this chapter or other law for any amount   of damages arising from the vote harvesting services is jointly   liable with any other defendant for the entire amount of damages   arising from the vote harvesting services.          (g)  The cause of action created by this section is   cumulative to any other remedy provided by common law or statute.          (h)  The expedited actions process created by Rule 169, Texas   Rules of Civil Procedure, does not apply to an action under this   section.          (i)  Chapter 27, Civil Practice and Remedies Code, does not   apply to a cause of action under this section.          (j)  A cause of action under this section may be brought in   the county where any part of the vote harvesting services occurred.          SECTION 2.  This Act takes effect September 1, 2025.