According to the Legislative Budget Board (LBB), HB 3909 would have no significant fiscal impact on the State of Texas. While the bill introduces a requirement for the Secretary of State to ensure that presiding election judges post signage about the prohibition on wireless device use at polling places, these costs are expected to be minimal and manageable within the agency’s existing resources. No additional appropriations or staffing increases are anticipated.

Furthermore, the bill is not expected to impose meaningful costs on local governments, such as county election administrators or polling place operators. Although local presiding judges will need to post signage, the fiscal note indicates that this requirement can be fulfilled using current operational budgets and practices, likely through standardized notices distributed by the Secretary of State.

In summary, the fiscal burden of implementation is considered negligible both at the state and local levels. This means the bill accomplishes its policy goals—tightening wireless device restrictions and improving voter awareness—without triggering new budgetary pressures or the need for new funding streams.

HB 3909 presents a targeted and reasonable adjustment to existing Texas election law by refining the restriction on wireless communication device usage at polling places. Current law bans such devices within 100 feet of a voting station, a standard that the bill author argues is overly broad and difficult for poll workers to enforce—particularly in locations where voters may be queuing outside or far from the actual area where ballots are cast. The substitute version of the bill improves upon the introduced version by narrowing the restricted zone to the room where voting is actively taking place, and by requiring clear signage to inform voters of this limitation.

This measured approach enhances individual liberty and personal responsibility. Voters would be allowed to responsibly use their devices while waiting in line or near the polling location—restoring a degree of personal freedom without compromising the sanctity or privacy of the voting process itself. At the same time, the bill appropriately limits phone use in spaces where it could disrupt or interfere with voting, maintaining necessary boundaries within the voting room.

From a limited government perspective, HB 3909 reduces the compliance and enforcement burden on election officials and volunteers by removing the vague and difficult-to-enforce 100-foot rule. Instead, it refocuses enforcement on a clear, confined area (the voting room) and provides straightforward instructions for signage, simplifying administration.

The LBB’s fiscal note confirms that the bill poses no significant fiscal impact to the state or to local governments, making it a cost-neutral policy refinement. Furthermore, the bill does not expand criminal penalties or introduce any new rulemaking authority, maintaining a neutral stance on criminal justice and regulatory expansion.

Given its targeted scope, preservation of electoral integrity, and reinforcement of core liberty principles, Texas Policy Research recommends that lawmakers vote YES on HB 3909.

• Individual Liberty: The bill positively impacts individual liberty by scaling back an overly broad restriction on wireless device usage near polling stations. Under current law, voters cannot use phones within 100 feet of a voting station, even while standing outside in line. HB 3909 restores reasonable freedom by limiting the restriction to the room where voting occurs, allowing individuals to use phones in adjacent spaces or while waiting. This revision better respects personal freedoms in public spaces while still protecting the integrity of the voting process.
• Personal Responsibility: By permitting phone use outside the voting room, the bill reinforces the expectation that voters act responsibly in public and respect others’ rights and privacy. It removes arbitrary limitations while relying on voters’ judgment to avoid disruptions. The signage requirement further supports informed decision-making, encouraging individuals to self-regulate their behavior upon entering the polling room.
• Free Enterprise: The bill has a neutral impact on free enterprise. It does not regulate business activity, nor does it affect private sector operations. However, one could argue that relaxing phone restrictions may marginally benefit businesses that rely on mobile engagement, especially for individuals waiting in line who can now communicate, work, or shop online while waiting to vote.
• Private Property Rights: No direct impact on private property rights is observed. Voting typically occurs in public buildings or locations temporarily designated for public use. The bill neither expands nor restricts private property rights but maintains current standards of conduct in designated election spaces.
• Limited Government: The bill supports limited government by narrowing the scope of regulation from a broad 100-foot rule to a clearly defined room. This reduces enforcement ambiguity, simplifies compliance, and lessens the administrative burden on poll workers. Additionally, the mandate for signage provides clarity without creating new enforcement mechanisms or penalties, maintaining a restrained regulatory footprint.