Texas Bar Journal • September 2025

The Legislative Update

Legislative and Campaign Law

Written by Ross Peavey

During the 89th regular session, the Texas Legislature addressed a wide range of issues in legislative and campaign law. This session brought notable changes to local regulations, election procedures, and the administration of voting systems. Legislative and campaign lawyers were kept busy with the 89th session. Key legislative and campaign developments from 2025 included the following measures.

New Criminal Offenses and Enhanced Penalties

HB 521 expands the scope of election offenses to include loitering or electioneering within 20 feet of designated curbside voting spaces. Election officials must post visible signage informing voters of this restriction. The bill also mandates that individuals assisting large numbers of voters report their identity and establishes new offenses for noncompliance. This bill is effective September 1, 2025.

HB 1661 creates a Class A misdemeanor for election officials who intentionally fail to provide a precinct with the required number of ballots or delay in delivering additional ballots when needed. It also increases penalties for mishandling election materials and prematurely disclosing election data. This bill is effective September 1, 2025.

HB 5115 expands the definition of election fraud to include acts such as knowingly counting invalid votes or excluding valid ones. The bill increases the penalties for election fraud and attempts to commit fraud. This bill is effective September 1, 2025.

Election Officials and Poll Watchers

HB 493 amends poll watcher eligibility by removing prior election offense convictions as an automatic disqualification. The bill provides that individuals are disqualified if they have a first- or second-degree felony conviction. This bill is effective September 1, 2025.

SB 1540 extends confidentiality protections under the Public Information Act to current and former election officials, volunteers, and secretary of state employees involved in elections. Personal information such as home addresses and emergency contact details is now protected if an official opts in. This bill is effective September 1, 2025.

Voter Lists

SB 1470 requires the secretary of state to use driver’s license and ID data from other states to identify voters who may be registered in multiple jurisdictions or who no longer reside in Texas. The Texas Department of Public Safety must share relevant data to assist in maintaining accurate rolls. This bill is effective September 1, 2025.

SB 1862 mandates that voter registration forms for applicants who relocate to Texas include the previous residential address and requires the secretary of state to notify former states’ voter registration officials so the voter may be removed from the list in the prior state. This bill is effective September 1, 2025.

Local Ballot Propositions and Bond Elections

SB 506 establishes new requirements for local ballot proposition language. The bill addresses court actions, legal services, and increases the role of the Texas secretary of state in reviewing city ballot propositions. This bill is effective September 1, 2025.

SB 1025 requires ballot propositions that seek voter approval for the imposition or increase of a tax to state the amount or maximum tax rate being proposed and prominently include the phrase “this is a tax increase” in capital typewritten letters at the top of the proposition text. This bill became effective May 24, 2025.

HB 2253 allows local jurisdictions to cancel certain bond elections when a disaster declaration is issued for the jurisdiction before Election Day. This bill became effective June 20, 2025.

HB 3526 requires reporting on local bond debt and creates a database related to bond issuances by local governments. This bill is effective September 1, 2025.

Voting Equipment

SB 827 expands hand count audit requirements for electronic voting systems, increasing manual verification of results. This bill is effective September 1, 2025.

SB 2216 requires stricter documentation and security protocols for voting equipment. This bill is effective September 1, 2025. SB 2166 addresses logic and accuracy testing for voting machines and electronic pollbooks. Testing must now occur at least 48 hours before an election, and any failures must be publicly documented and retested. It applies to both central counting stations and polling locations. This bill is effective September 1, 2025.

Voting Periods and Mail-In Ballots

SB 2753 overhauls early voting by creating a continuous 12-day in-person voting period, eliminating the gap between early voting and Election Day. All early voting sites must remain open through Election Day and serve as polling places. The new law also delays early vote tallies until polls open on Election Day, with exceptions. This bill is effective September 1, 2025. This bill directs the secretary of state to publish a report in the Texas Register by August 1, 2027, stating that the secretary has consulted with county officials in the state and is confident that the counties in this state are prepared to implement the provisions in this bill.

SB 2964 allows voters to correct mail-in ballot errors— such as a missing signature—within two days of discovery. Voters will be notified by mail, phone, email, or online and have until the sixth day after Election Day to correct the issue. The secretary of state will create a standardized correction form and online tracking system. This bill is effective September 1, 2025.

ROSS PEAVEY has represented businesses, nonprofits, campaigns, and other entities as an attorney and lobbyist for more than two decades. He is a past chair of the State Bar of Texas Legislative and Campaign Law Section. Peavey is the editor of Texas Senate Practice, which is considered a “core material to supplement current versions of House and Senate Rules” by the Legislative Reference Library of Texas.