HB 766

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
neutral
Limited Government
neutral
Individual Liberty
Digest
HB 766 amends the Texas Election Code to introduce new requirements for individuals seeking to be placed on the ballot as candidates for precinct chair positions. Under current law, candidates must generally follow standard procedures outlined in Section 141.031 of the Election Code. HB 766 builds upon this by requiring candidates for precinct chair to additionally include either an email address, a telephone number, or both as part of their ballot application. This change is designed to facilitate better communication between candidates and the public or party officials during election cycles.

A key component of the bill is its strong emphasis on privacy. While it mandates the submission of contact information, HB 766 also explicitly designates this information as confidential. It states that such contact details will not be considered public information under Chapter 552 of the Government Code, which governs the Texas Public Information Act. This means that election officials will collect the information solely for administrative purposes and will not make it publicly accessible, safeguarding the personal data of candidates.

The bill applies specifically to precinct chair candidates—a role central to political party organization at the local level. It is intended to ensure that party infrastructure can effectively engage with candidates while respecting individual privacy.

The originally filed version of HB 766 proposed a straightforward amendment to Section 172.021 of the Texas Election Code. It added Subsection (h), requiring that an application for a place on the ballot as a precinct chair candidate include either (1) an email address for campaign correspondence, (2) a telephone number where the candidate can be reached, or (3) both. This version focused solely on adding a communication requirement to enhance the accessibility of candidates to party officials and possibly voters.

The Committee Substitute for HB 766, however, introduces an important additional provision: Subsection (i). This new subsection declares that the contact information provided under Subsection (h)—whether an email address, telephone number, or both—will be confidential. Specifically, it clarifies that such information does not constitute public information for the purposes of Chapter 552 of the Government Code, thereby exempting it from public disclosure under the Texas Public Information Act.

In essence, while the original bill mandated the disclosure of candidate contact information, the substitute version recognizes and addresses privacy concerns by shielding that data from public release. This modification reflects a more balanced approach between improving internal party communication and protecting candidates’ personal information from public exposure.
Author (1)
Philip Cortez
Co-Author (2)
Richard Hayes
Janis Holt
Sponsor (1)
Judith Zaffirini
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 766 is not expected to have any fiscal impact on the State of Texas. The bill’s provisions, which require candidates for precinct chair to include either an email address, a phone number, or both on their ballot application and ensure the confidentiality of that information, are considered administratively minor and do not necessitate new systems, additional staffing, or substantial changes in current procedures.

Similarly, the bill is not anticipated to create a significant fiscal burden on local governments. County and party election officials, who would be responsible for collecting and safeguarding the newly required contact information, are expected to handle these responsibilities within existing operational frameworks. The confidentiality requirement does not impose technical mandates such as secure digital storage or encryption, thus avoiding potential new expenses.

In practical terms, this means that implementation can proceed without appropriating additional funds or reallocating significant resources at either the state or local level. The fiscal note affirms that the bill’s intended goals—improved communication with candidates and protection of their privacy—can be achieved at minimal cost.

Vote Recommendation Notes

HB 766 proposes a change to the Election Code requiring precinct chair candidates to provide either an email address, a phone number, or both on their ballot application. This effort is rooted in a clear and practical concern: local party organizations have struggled to contact candidates during the election process, which has led to delays and communication breakdowns. As cited in the bill analysis, during the 2020–2022 election cycle, Bexar County’s Democratic Party reported that nearly one-fifth of applications lacked any reliable contact method beyond a mailing address. By requiring at least one modern form of contact, the bill enhances operational efficiency and facilitates timely outreach to candidates.

Critically, the Committee Substitute improves upon the originally filed version by incorporating a confidentiality clause that ensures the candidate’s contact information will not be considered public under Chapter 552 of the Government Code. This is a meaningful and appropriate safeguard against privacy intrusions or unintended public exposure. It reflects a recognition that the benefits of requiring contact information must be balanced against the right of individuals to control the distribution of their personal data. By shielding this data from public records requests, the bill significantly reduces the risk of misuse or harassment, helping preserve individual liberty while advancing administrative goals.

Nevertheless, concerns remain about the bill’s rigid application. Mandating personal contact information could deter civic engagement, particularly among individuals with legitimate concerns about privacy or safety, such as survivors of domestic violence or those in sensitive professions. To address these concerns without undermining the bill’s purpose, an amendment should be adopted to allow candidates to satisfy the contact requirement through a designated proxy, campaign representative, or party-provided communication channel. This would ensure functional communication without unnecessarily compelling personal disclosure, thereby reinforcing the liberty principle in practice.

From a fiscal and implementation standpoint, the Legislative Budget Board has confirmed that the bill poses no fiscal impact to the state and no significant costs to local governments. The administrative burden is minor and well within the capacity of party officials to manage.

In summary, HB 766 presents a thoughtful solution to a documented procedural challenge within the party election system. It thoughtfully protects candidate privacy through confidentiality provisions and can be further improved with a narrowly tailored amendment to enhance inclusivity and reduce potential chilling effects on candidate participation. As such, Texas Policy Research recommends that lawmakers vote YES on HB 766, but also consider amending the bill as described above.

  • Individual Liberty: The requirement that precinct chair candidates disclose either a phone number, an email address, or both introduces a potential infringement on individual liberty, particularly in the realm of informational privacy. Compelling individuals to share personal contact information—even when it is shielded from public disclosure—creates a barrier to participation for those who may be privacy-conscious, face safety concerns, or prefer to limit digital engagement. However, the inclusion of a confidentiality provision in the committee substitute, which exempts this information from the Texas Public Information Act, significantly mitigates the privacy concerns. That protection strikes a more appropriate balance between accessibility and autonomy. Still, the principle of individual liberty would be better served if the bill allowed alternative means of contact (e.g., designating a campaign representative or party liaison), offering flexibility without coercing personal data disclosure.
  • Personal Responsibility: The bill affirms the principle of personal responsibility by reinforcing the expectation that individuals running for a party leadership role, however local or informal, should be reachable and responsive. Political parties depend on timely communication, and candidates who provide no means of contact hinder organizational effectiveness. The bill aligns with the idea that candidates should take ownership of their candidacy by being available to those administering the election process or engaging with fellow party members.
  • Free Enterprise: The bill does not directly impact market competition, regulation, or economic freedom. However, precinct chairs play a grassroots organizing role within political parties, which can influence broader policy platforms that touch the free enterprise system. Still, this influence is indirect and speculative, so the bill is neutral in this area.
  • Private Property Rights: There are no implications in the bill that affect the use, enjoyment, or transfer of private property. The legislation focuses exclusively on procedural requirements for political party administration.
  • Limited Government: The bill introduces a new legal requirement, adding to the regulatory framework governing candidate eligibility for party office. On its face, this expands the scope of state oversight, which runs contrary to the principle of limited government. However, the intrusion is narrow in scope and offset by the bill’s confidentiality clause, which prevents the state from unnecessarily exposing or managing personal data. The requirement itself pertains only to internal party governance, not broader public office, keeping the expansion of state authority relatively constrained. Nonetheless, to more fully uphold limited government principles, the bill should be amended to provide flexibility in compliance (e.g., third-party contact options) and ensure that the state does not overstep in dictating party-specific processes beyond necessity.
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