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