89th Legislature Regular Session

HB 640

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 640 modifies the Texas Election Code to clarify the definition of a "regular business day" for purposes related to election administration. Specifically, the bill amends Section 31.122(b) to standardize the definition across all political subdivisions—not just independent school districts—so that "regular business day" means a day when the main business office of the county, city, or other political subdivision is regularly open for business.

Previously, this section of the Election Code defined "regular business day" only in the context of independent school districts, which created ambiguity when applied to cities, counties, or other governmental entities administering elections. HB 640 removes this limitation and ensures uniform interpretation and application of election-related business hours across all levels of local government. This clarification is particularly relevant for election officials handling tasks such as candidate filings, voter inquiries, and other time-sensitive duties during election periods.

By providing consistent language, the bill supports smoother election administration and reduces confusion or procedural discrepancies that could arise from inconsistent interpretations of office hour requirements.

The original version of HB 640 and the Committee Substitute are functionally identical in substance. Both versions amend Section 31.122(b) of the Texas Election Code to clarify the definition of “regular business day” during an election period. Previously, this section applied specifically to independent school districts, creating ambiguity for other political subdivisions such as counties and cities. The amendment eliminates the limiting reference to school districts and replaces it with language applying the definition uniformly to any county, city, or other political subdivision.

The core change introduced by the original bill is the generalization of the definition: rather than restricting the term “regular business day” to school district contexts, it now applies wherever an election authority’s main business office is regularly open, ensuring that all political subdivisions are held to the same standard.

The Committee Substitute, though not changing the substance of the bill, may have included technical refinements or clarifications not reflected in the legislative caption or engrossed text. Such adjustments are common and typically non-substantive, meant to align statutory phrasing with drafting standards or agency input.

In summary, the policy objective and statutory impact of both versions are the same: to standardize election-related office hours across jurisdictions, improving clarity and consistency in election administration. There is no substantive difference in the legal outcome of the original bill versus the Committee Substitute.
Author
Ben Bumgarner
John Bucy III
Matthew Shaheen
Carrie Isaac
Mano DeAyala
Co-Author
Terri Leo-Wilson
Sponsor
Tan Parker
Fiscal Notes

According to the Legislative Budget Board (LBB), the bill will have no fiscal impact on the state. The bill’s purpose is to clarify the definition of “regular business day” in the Texas Election Code to ensure consistent application across all political subdivisions—counties, cities, and other local entities—not just independent school districts. Because this clarification does not introduce new mandates or expand the responsibilities of state agencies, it does not require additional state funding or resources.

Regarding local governments, the fiscal note states that no significant fiscal implication is anticipated. Since the bill only codifies what is already a common administrative practice—that election-related business must occur during the regularly scheduled hours of an election authority’s main office—local entities are not expected to incur new operational costs. The change serves primarily to eliminate ambiguity and ensure legal uniformity, rather than require expanded office hours or staffing adjustments.

Overall, HB 640 is viewed as an administrative clarification, not a policy shift with budgetary consequences. It is designed to support the orderly conduct of elections without imposing fiscal burdens on state or local election authorities.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on HB 640 for its practical, narrowly tailored approach to improving election administration clarity and fairness across local governments. The bill simply amends Section 31.122(b) of the Texas Election Code to standardize the definition of a "regular business day" across all political subdivisions, including counties, cities, and school districts. This ensures that during election periods, all local election offices follow the same rule for determining which days they are required to be open, specifically clarifying that offices may remain closed on weekdays that fall on holidays if they are not typically open on those days.

Historically, independent school districts have been explicitly exempt from the requirement to stay open during such holidays (notably Good Friday), while other political subdivisions were not, creating confusion and inconsistent practices during election periods. H.B. 640 remedies this discrepancy by ensuring that all election authorities are held to the same operational standard, improving uniformity in election procedures without disrupting voter access or administrative integrity.

From a fiscal and administrative standpoint, the bill is non-burdensome. The Legislative Budget Board found no fiscal impact to the state and no significant costs to local governments, since the bill does not impose new duties or expand operational requirements. It simply affirms that local election offices must be open only on days when they are regularly scheduled to be open, avoiding unnecessary staffing or facility costs during holidays.

In terms of liberty principles, the bill supports limited government by reducing unnecessary regulation and reinforces individual responsibility and administrative transparency by aligning statutory requirements with actual business practices. HB 640 resolves a small but recurring issue with clarity and consistency, ensuring that voters, candidates, and election officials across jurisdictions can operate on equal footing.

  • Individual Liberty: The bill has a neutral-to-positive effect on individual liberty. It does not directly expand or restrict citizens' rights, but it does reduce confusion surrounding the availability of election offices during critical periods. By clarifying when election authorities must be open, voters, candidates, and political activists can plan accordingly, supporting smoother participation in the electoral process. In this way, the bill indirectly supports an environment of accessible and reliable public services tied to individual civic engagement.
  • Personal Responsibility: The bill affirms the principle of personal responsibility by placing a clear, uniform standard on election authorities regarding business hours. Officials in counties, cities, school districts, and other political subdivisions are expected to operate according to their established hours, rather than adjusting their schedules to meet ambiguous or inconsistent legal expectations during election periods. This clarity encourages compliance, reduces misunderstandings, and fosters a culture of procedural accountability.
  • Free Enterprise: The bill does not affect market activity or commercial enterprise directly, and thus it is neutral on the principle of free enterprise. However, one could argue that removing vague administrative burdens from local governments, such as opening offices on days they are usually closed, frees up public resources that could otherwise be used to support local services, including business development or infrastructure.
  • Private Property Rights: This principle is not implicated by the bill. The bill does not regulate or affect the use, ownership, or transfer of private property and therefore has a neutral impact on this liberty principle.
  • Limited Government: The bill is a clear reflection of limited government in practice. By eliminating unnecessary and inconsistent mandates across different types of political subdivisions, it reduces government overreach and affirms that agencies should not be required to operate on holidays unless they normally do so. This promotes a streamlined, non-intrusive regulatory framework and reinforces the idea that laws should be clear, consistent, and minimally burdensome on public institutions.
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