Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 493 proposes amendments to the Texas Election Code aimed at tightening the eligibility criteria for individuals appointed as poll watchers during elections. The bill modifies Section 33.006(b) to require that a poll watcher’s certificate of appointment include an affidavit stating the appointee has not been finally convicted of a first- or second-degree felony or any felony directly related to election conduct. This is in addition to the existing requirement that poll watchers not possess or actively use recording devices while performing their duties.

The bill further amends Section 33.035 to codify that any person who has been finally convicted of a first- or second-degree felony, or of a felony offense connected to election-related conduct, is ineligible to serve as a poll watcher in any Texas election. This statutory change adds a formal legal barrier for individuals with a serious criminal record—especially those who have committed election-related offenses—from participating in an official observer role that is meant to ensure transparency and fairness at polling places.

The legislation is designed to promote public confidence in the election process by ensuring that poll watchers meet a higher standard of trustworthiness and integrity. These updates do not change the overall framework for appointing poll watchers but enhance it by adding specific disqualifications that reflect the seriousness of prior criminal conduct.

The originally filed version of HB 493 and its Committee Substitute are substantively similar in their intent and structure, but differ in scope and precision of language.

In the original bill, Section 33.006(b)(6)(B) of the Election Code is amended to require a poll watcher’s affidavit to affirm that they have not been finally convicted of a first- or second-degree felony, or an offense "in connection with conduct directly attributable to an election". Similarly, Section 33.035 makes such individuals ineligible to serve as poll watchers. However, the original bill uses broader and slightly less formal language—referring to "an offense" rather than explicitly specifying a felony offense in subsection (2) of Section 33.035.

The Committee Substitute refines this language for greater legal clarity. Specifically, it adjusts the wording in both Section 33.006(b)(6)(B) and Section 33.035 to explicitly include only felony offenses that are either of the first or second degree or related to election conduct. This wording eliminates ambiguity about the seriousness of the offense required for disqualification and ensures consistent statutory interpretation.

Additionally, the Committee Substitute slightly reorders and rephrases portions for clarity without altering the bill’s intent. For example, in Section 33.035, the substitute uses “a felony of the first or second degree” and “a felony offense in connection with conduct directly attributable to an election,” whereas the original simply referred to "an offense" connected to election conduct. This emphasizes that disqualification applies only to felony-level offenses.

Overall, the substitute tightens and clarifies the language, ensuring that only individuals with serious criminal convictions—specifically felonies—are disqualified from serving as poll watchers, in line with the legislative intent to safeguard electoral integrity.

Author

Matthew Shaheen

Giovanni Capriglione

Contact the Author

Rep. Matthew Shaheen

Capitol Phone:

(512) 463-0594

Capitol Office:

CAP GS.6

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 493 is not expected to have a significant fiscal impact on the state. The bill’s provisions—pertaining to the disqualification of individuals with certain felony convictions from serving as poll watchers—do not necessitate new state programs, additional personnel, or substantial administrative changes. The Secretary of State’s office, which oversees election regulations, is anticipated to absorb any minor implementation costs within its existing budget and resources.

For local governments, including county election administrators who process poll watcher appointments, the bill similarly poses no significant fiscal burden. The additional eligibility verification—focused on felony convictions—can be incorporated into current procedures without the need for new infrastructure or funding. Since the process largely relies on existing affidavits and self-declared information from poll watcher appointees, local jurisdictions are not expected to incur added costs for enforcement or compliance.

In sum, both the state and local governmental units are expected to implement HB 493 without financial strain, making it a cost-neutral election integrity measure in terms of public budgeting.

Vote Recommendation Notes

HB 493 enhances election integrity by closing a notable gap in current Texas law regarding the eligibility of individuals to serve as poll watchers. Under existing statute, only those convicted of election-related offenses are barred from serving in this role. However, someone convicted of a first- or second-degree felony unrelated to elections could still be appointed as a poll watcher. The bill corrects this oversight by expanding disqualification criteria to include any final conviction for a first- or second-degree felony, as well as felony offenses directly tied to election conduct.

This reform strengthens the credibility and trustworthiness of election observers, a role that grants individuals privileged access to polling sites and election activities. By limiting this access to those without serious felony convictions, the bill supports the principles of individual liberty (by protecting voters from potential intimidation), personal responsibility (by holding individuals accountable for criminal conduct), and limited government (by preemptively avoiding election-related conflicts or infractions that would require state intervention).

The bill’s fiscal note confirms that it carries no significant financial impact to the state or local governments, and the committee report makes clear that it does not create new criminal offenses or expand regulatory authority. The bill has been carefully refined to ensure that disqualification applies only to felony-level offenses, avoiding overly broad or ambiguous restrictions while promoting public trust in election processes.

Given its narrow, targeted approach and the bipartisan importance of safeguarding electoral integrity, Texas Policy Research recommends that lawmakers vote YES on HB 493.

Individual Liberty: The bill strengthens protections for voters and election workers by ensuring that those serving as poll watchers—who have unique access and proximity to election processes—are not individuals with serious criminal histories. This helps preserve a safe, trustworthy voting environment, which is essential to individual liberty in a constitutional republic. By excluding individuals with first- or second-degree felony convictions, the bill reasonably balances public safety with civic participation.
Personal Responsibility: HB 493 reinforces the principle that actions have consequences, particularly where public trust is concerned. It holds individuals accountable for serious criminal conduct—especially offenses tied to elections—by disqualifying them from overseeing democratic processes in the future. This aligns with the idea that those who have violated civic norms through significant criminal acts should not be entrusted with roles that demand impartiality and public confidence.
Free Enterprise: While the bill does not directly regulate commerce, it indirectly supports a stable democratic system, which is vital to economic freedom. A secure and transparent electoral process underpins the rule of law and the predictability necessary for private investment and business operations. Ensuring only qualified individuals observe elections bolsters that stability.
Private Property Rights: The bill does not directly impact private property rights. However, by promoting election security and trust in governance, it contributes to a broader legal and civic framework where property rights are respected and protected.
Limited Government: The bill represents a limited and appropriate use of state authority. It does not expand the powers of election officials or create new enforcement regimes. Rather, it imposes a narrow and well-defined restriction on eligibility for a public oversight role. It is a preventive measure designed to avoid larger administrative or legal problems that would arise from inappropriate individuals overseeing election processes.

View Bill Text and Status