HB 5061

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest

HB 5061 amends Chapter 2261 of the Texas Government Code by adding Subchapter G, which establishes significant prohibitions on certain activities by contractors, subcontractors, and vendors involved in state agency procurement. The bill is intended to curb unethical or coercive behavior during state contracting processes and to enhance protections for public servants and individuals interacting with state government.

The legislation defines key terms including "surveillance"—which encompasses unauthorized monitoring, data mining, and social media tracking—and "undue influence," which involves exploiting power or confidential information to manipulate decision-making. Under the bill, vendors and contractors are barred from using these tactics against members of the legislature, legislative staff, state agency employees, or whistleblowers. Prohibited conduct includes surveillance, coercion, retaliation, or misuse of private information in attempts to sway or suppress actions in the government context.

Enforcement is centralized in the State Auditor’s Office, which is authorized to investigate complaints and determine violations. The bill mandates the establishment of a confidential hotline and online portal for reporting suspected misconduct. If criminal activity is suspected, the Texas Rangers are required to investigate, and referral to the Office of the Attorney General may follow. Violations result in significant penalties, including contract termination, fines ranging from $500,000 to $2 million depending on the severity, and bans on future state contracting for up to fifteen years.

Overall, HB 5061 aims to uphold ethical standards in Texas government contracting, safeguard public servants from surveillance and manipulation, and reinforce transparency and accountability across procurement practices.

Author (2)
Jeff Leach
Carrie Isaac
Co-Author (4)
Maria Flores
Terri Leo-Wilson
Penny Morales Shaw
Ellen Troxclair
Sponsor (1)
Charles Schwertner
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 5061 is not expected to have a significant fiscal impact on the State of Texas. While the bill imposes new duties on the State Auditor’s Office, including complaint intake, investigation, and coordination with the Texas Ethics Commission and Department of Public Safety, these functions are expected to be implemented using existing agency resources. No additional appropriations or staffing increases are anticipated as necessary for its execution.

Although HB 5061 establishes civil administrative penalties that may be assessed against contractors found in violation—ranging from $500,000 to $2 million per incident—the revenue generated from these penalties is indeterminate. The frequency and scale of violations are not predictable, and therefore the Legislative Budget Board does not expect any resulting revenues to be significant in terms of overall state budget impact.

There is also no fiscal implication anticipated for local governments. The bill’s provisions exclusively apply to state agencies and their contractors, and no mandates are imposed on cities, counties, or other local entities​.

Vote Recommendation Notes

HB 5061 is a measured and well-targeted reform aimed at protecting the integrity of Texas’s state contracting process and safeguarding individuals—particularly public servants and whistleblowers—from unethical surveillance and coercive tactics by state contractors. Prompted by a real case involving surveillance of lawmakers and private citizens, the bill provides clear legal prohibitions and remedies to prevent misuse of power and private information in pursuit of state contracts​.

Importantly, the bill does not grow the size or structure of state government. It assigns oversight and enforcement duties to existing agencies—the State Auditor’s Office, the Texas Rangers, and the Texas Ethics Commission—without creating new bureaucracies or expanding institutional footprints. Fiscal analysis confirms that any administrative workload resulting from the bill can be handled using current resources, meaning there is no increased burden on taxpayers​.

Further, HB 5061 does not impose a broad regulatory burden on private individuals or businesses. The restrictions apply narrowly and specifically to vendors and contractors voluntarily seeking state contracts. These entities are held to higher ethical standards in exchange for the opportunity to do business with the state—standards that protect privacy, prevent intimidation, and ensure accountability in public procurement. These are reasonable expectations that do not extend to general commerce or individuals not engaged in state contracting​.

In sum, HB 5061 reinforces core principles of ethical governance, transparency, and individual liberty, without expanding government, increasing taxpayer costs, or unduly burdening the private sector. Texas Policy Research recommends that lawmakers vote YES on HB 5061.

  • The bill protects the personal privacy and safety of state employees, lawmakers, and whistleblowers by prohibiting unauthorized surveillance, intimidation, and retaliation. By banning private contractors from tracking, spying on, or manipulating individuals connected to government oversight, it reinforces the right to live free from undue intrusion—particularly by entities working under state authority.
  • HB 5061 enforces accountability by requiring contractors and their employees to act ethically when pursuing or performing state contracts. It ensures that those who violate trust—either by direct action or by directing others to do so—face real consequences, including financial penalties and loss of future contracting opportunities. This approach upholds the principle that those who misuse public systems for personal gain must answer for their actions.
  • While the bill introduces new restrictions for vendors doing business with the state, these rules are narrowly tailored and designed to promote a fair playing field. Honest businesses benefit when unethical competitors are penalized. The bill avoids unnecessary red tape and does not interfere with the broader marketplace—it only applies to those voluntarily entering into contracts with the government.
  • The bill doesn’t directly address physical property, but by protecting confidential information and preventing its misuse for manipulation or retaliation, it reinforces respect for intellectual property and personal data. This indirectly supports the idea that individuals have control over their private information.
  • Rather than creating a new agency or bureaucracy, HB 5061 assigns oversight to existing institutions like the State Auditor’s Office and the Texas Rangers. It focuses government action on a specific, well-justified concern: preventing abuses by state contractors. This targeted enforcement helps uphold the idea that government should act within its proper bounds, protecting citizens without expanding its reach unnecessarily.
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