89R2329 LRM-D     By: Johnson S.B. No. 891       A BILL TO BE ENTITLED   AN ACT   relating to penalties for intimidation and harassment of election   officials and election interference; creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 16, Election Code, is amended by adding   Chapter 280 to read as follows:   CHAPTER 280.  INTIMIDATION OF ELECTION OFFICIALS AND ELECTION   INTERFERENCE          Sec. 280.0101.  DEFINITIONS. In this chapter:                (1)  "Election official" has the meaning assigned by   Section 1.005. The term also includes:                      (A)  a member of a local canvassing authority; or                      (B)  a county auditor or city secretary charged   with duties related to the administration of an election.                (2)  "Family member" means an individual related to   another individual within the second degree of consanguinity or   affinity or an individual residing in the same household as another   individual.                (3)  "Personal information" means personal identifying   information or sensitive personal information, as those terms are   defined by Section 521.002, Business & Commerce Code, or a person's   residence address in combination with a photograph or description   of and directions to the residence.          Sec. 280.0102.  INTIMIDATION AND HARASSMENT OF ELECTION   OFFICIALS. (a) A person commits an offense if the person, on more   than one occasion and pursuant to the same scheme or course of   conduct that is directed specifically at an election official in   the performance of statutory or other official duties related to   the administration of an election or as a result of action taken or   a decision made in the course of that performance, knowingly   engages in conduct that:                (1)  constitutes an offense under Section 42.07, Penal   Code, or the actor knows or reasonably should know the election   official will regard as threatening:                      (A)  bodily injury or death for the election   official;                      (B)  bodily injury or death for a family member of   the election official or for an individual with whom the election   official has a dating relationship; or                      (C)  that an offense will be committed against the   election official's property;                (2)  causes the election official, a family member of   the election official, or an individual with whom the election   official has a dating relationship to be placed in fear of bodily   injury or death or in fear that an offense will be committed against   the election official's property, or to feel harassed, annoyed,   alarmed, abused, tormented, embarrassed, or offended; and                (3)  would cause a reasonable person to:                      (A)  fear bodily injury or death for himself or   herself;                      (B)  fear bodily injury or death for a family   member of the person or for an individual with whom the person has a   dating relationship;                      (C)  fear that an offense will be committed   against the person's property; or                      (D)  feel harassed, annoyed, alarmed, abused,   tormented, embarrassed, or offended.          (b)  A person commits an offense if the person directly or   indirectly uses or threatens force, coercion, violence, restraint,   damage, harm, or loss, including loss of employment or financial   reprisal, against another with the intent to influence an election   official in the performance of a duty related to the administration   of an election.          (c)  An offense under this section is a felony of the third   degree, except that the offense is a felony of the second degree if   the actor has previously been convicted of an offense under this   section or a law that contains elements that are substantially   similar to the elements of an offense under this section or the laws   of another recognized United States jurisdiction.          Sec. 280.0103.  ELECTION INTERFERENCE. A person commits an   offense if the person intentionally interferes with, hinders, or   prevents an election official from performing a statutory or other   official duty related to the administration of an election.          Sec. 280.0104.  DISSEMINATION OF PERSONAL INFORMATION. (a)   A person commits an offense if the person, knowingly and without   consent, disseminates personal information about an election   official or a family member of an election official if:                (1)  the dissemination poses an imminent and serious   threat to the election official's safety or the safety of a family   member of the election official; and                (2)  the person disseminating the information knows or   reasonably should know of any imminent and serious threat.          (b)  An offense under this section is a misdemeanor   punishable by:                (1)  a fine of not more than $1,000;                (2)  confinement in the county jail for not more than   six months; or                (3)  both the fine and confinement.          Sec. 280.0105.  OBSTRUCTING ACCESS OR EGRESS. A person   commits an offense if the person intentionally and physically   obstructs an election official's access to or egress from:                (1)  a polling place;                 (2)  a meeting of a local canvassing authority;                (3)  a place where election supplies are located; or                (4)  any other place where an election official is   performing statutory or other official duties related to the   administration of an election.          Sec. 280.0106.  CONSPIRACY. (a) A person commits a   conspiracy if, with intent:                (1)  the person agrees with one or more persons that   they or one or more of them engage in conduct that would violate a   provision of this chapter; and                (2)  the person or one or more of the persons with whom   the person has an agreement described by Subdivision (1) perform an   overt act in pursuance of the agreement.          (b)  An agreement constituting a conspiracy may be inferred   from acts of the parties.          (c)  It is no defense to prosecution for conspiracy that:                (1)  one or more of the coconspirators are not   responsible for the violation of this chapter;                (2)  one or more of the coconspirators have been   acquitted, so long as two or more coconspirators have not been   acquitted;                (3)  one or more of the coconspirators have not been   prosecuted or convicted, have been convicted of a different   offense, or are immune from prosecution;                (4)  the actor belongs to a class of persons that is   legally incapable of committing a violation of this chapter in an   individual capacity; or                (5)  the violation of this chapter was actually   committed.          (d)  An offense under this section is a state jail felony.          Sec. 280.0107.  PENALTIES. Except as otherwise provided, an   offense under this chapter is a felony of the third degree.          SECTION 2.  Section 552.117(a), Government Code, is amended   to read as follows:          (a)  Information is excepted from the requirements of   Section 552.021 if it is information that relates to the home   address, home telephone number, emergency contact information, or   social security number of the following person or that reveals   whether the person has family members:                (1)  a current or former official or employee of a   governmental body, except as otherwise provided by Section 552.024;                (2)  a current or honorably retired peace officer as   defined by Article 2A.001, Code of Criminal Procedure, or a current   or honorably retired security officer commissioned under Section   51.212, Education Code, regardless of whether the officer complies   with Section 552.024 or 552.1175, as applicable;                (3)  a current or former employee of the Texas   Department of Criminal Justice or of the predecessor in function of   the department or any division of the department, regardless of   whether the current or former employee complies with Section   552.1175;                (4)  a peace officer as defined by Article 2A.001, Code   of Criminal Procedure, or other law, a reserve law enforcement   officer, a commissioned deputy game warden, or a corrections   officer in a municipal, county, or state penal institution in this   state who was killed in the line of duty, regardless of whether the   deceased complied with Section 552.024 or 552.1175;                (5)  a commissioned security officer as defined by   Section 1702.002, Occupations Code, regardless of whether the   officer complies with Section 552.024 or 552.1175, as applicable;                (6)  an officer or employee of a community supervision   and corrections department established under Chapter 76 who   performs a duty described by Section 76.004(b), regardless of   whether the officer or employee complies with Section 552.024 or   552.1175;                (7)  a current or former employee of the office of the   attorney general who is or was assigned to a division of that office   the duties of which involve law enforcement or are performed under   Chapter 231, Family Code, regardless of whether the current or   former employee complies with Section 552.024 or 552.1175;                (8)  a current or former employee of the Texas Juvenile   Justice Department or of the predecessors in function of the   department, regardless of whether the current or former employee   complies with Section 552.024 or 552.1175;                (9)  a current or former juvenile probation or   supervision officer certified by the Texas Juvenile Justice   Department, or the predecessors in function of the department,   under Title 12, Human Resources Code, regardless of whether the   current or former officer complies with Section 552.024 or   552.1175;                (10)  a current or former employee of a juvenile   justice program or facility, as those terms are defined by Section   261.405, Family Code, regardless of whether the current or former   employee complies with Section 552.024 or 552.1175;                (11)  a current or former member of the United States   Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary   service of one of those branches of the armed forces, or the Texas   military forces, as that term is defined by Section 437.001;                (12)  a current or former district attorney, criminal   district attorney, or county or municipal attorney whose   jurisdiction includes any criminal law or child protective services   matters, regardless of whether the current or former attorney   complies with Section 552.024 or 552.1175;                (13)  a current or former employee of a district   attorney, criminal district attorney, or county or municipal   attorney whose jurisdiction includes any criminal law or child   protective services matters, regardless of whether the current or   former employee complies with Section 552.024 or 552.1175;                (14)  a current or former employee of the Texas Civil   Commitment Office or of the predecessor in function of the office or   a division of the office, regardless of whether the current or   former employee complies with Section 552.024 or 552.1175;                (15)  a current or former federal judge or state judge,   as those terms are defined by Section 1.005, Election Code, a   federal bankruptcy judge, a marshal of the United States Marshals   Service, a United States attorney, or a family member of a current   or former federal judge, including a federal bankruptcy judge, a   marshal of the United States Marshals Service, a United States   attorney, or a state judge;                (16)  a current or former child protective services   caseworker, adult protective services caseworker, or investigator   for the Department of Family and Protective Services, regardless of   whether the caseworker or investigator complies with Section   552.024 or 552.1175, or a current or former employee of a department   contractor performing child protective services caseworker, adult   protective services caseworker, or investigator functions for the   contractor on behalf of the department;                (17)  an elected public officer, regardless of whether   the officer complies with Section 552.024 or 552.1175;                (18)  a current or former United States attorney,   assistant United States attorney, federal public defender, deputy   federal public defender, or assistant federal public defender and   the spouse or child of the current or former attorney or public   defender, regardless of whether the person complies with Section   552.024 or 552.1175; [or]                (19)  a firefighter or volunteer firefighter or   emergency medical services personnel as defined by Section 773.003,   Health and Safety Code, regardless of whether the firefighter or   volunteer firefighter or emergency medical services personnel   comply with Section 552.024 or 552.1175, as applicable; or                (20)  a current election official, as defined by   Section 280.0101, Election Code.          SECTION 3.  This Act takes effect September 1, 2025.