SB 511

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest
SB 511 seeks to restrict the unsolicited distribution of voter registration application forms by state and local government employees in Texas. The bill would amend Chapter 13 of the Texas Election Code to add a new section, 13.009, which makes it a Class A misdemeanor for a government officer or employee to distribute a voter registration form to someone who did not request it. This restriction also extends to the use of public funds to support third-party efforts to distribute such forms if the government official or employee would be prohibited from doing so directly.

The bill does include an exception allowing political parties and candidates to distribute voter registration forms to individuals unsolicited. This creates a distinction between public and partisan actors in the dissemination of voter registration materials. Notably, the bill preserves existing distribution methods authorized elsewhere in the Election Code, such as those found in Chapter 20, which covers voter registration drives and deputy registrars.

The legislation’s stated intent is to regulate the role of public officials in voter registration efforts and prevent the unsolicited distribution of voter forms using taxpayer resources.

The originally filed version of SB 511 and the Committee Substitute for SB 511 share the same fundamental goal: to prohibit unsolicited distribution of voter registration application forms by state and local government officials. However, the Committee Substitute introduces a few key changes that significantly alter the scope and enforcement of the bill.

The most notable difference is the addition of criminal penalties in the committee substitute. While the original filed version simply prohibited the distribution of voter registration forms to unrequesting individuals and barred the use of public funds for facilitating such distribution, it did not assign a penalty. In contrast, the Committee Substitute makes violation of these provisions a Class A misdemeanor, elevating the bill from a policy restriction to a criminal statute.

Another key change involves clarifying and expanding enforcement parameters. The original bill included exemptions for political parties and candidates (Subsection (c)), which are retained in the substitute version. However, the Committee Substitute also explicitly states that these restrictions apply “except as otherwise provided by a provision of this code,” including other chapters such as Chapter 20. This addition reinforces that the bill is not intended to override existing voter registration mechanisms already authorized in statute.

Overall, the substitute version tightens the bill’s language, increases its enforceability through the addition of criminal penalties, and clarifies its relationship with other parts of the Election Code, marking a shift from a regulatory to a punitive approach.
Author (4)
Paul Bettencourt
Mayes Middleton
Tan Parker
Angela Paxton
Co-Author (2)
Brandon Creighton
Bob Hall
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 511 is not expected to have a significant fiscal impact on the State of Texas. The bill’s primary financial implications arise from the creation of a new Class A misdemeanor offense related to the distribution of unsolicited voter registration forms by public employees or officers. However, the fiscal analysis concludes that any resulting changes in correctional populations or demands on state correctional resources (such as probation supervision or county jail usage) would be minimal and not financially burdensome​.

For local governments, which may be involved in enforcement, prosecution, or adjudication of violations under this new offense, the fiscal impact is similarly projected to be negligible. While counties and municipalities could incur some marginal costs related to prosecuting or jailing individuals who violate the statute, the volume of such cases is expected to be low enough that it would not significantly affect local budgets or staffing levels.

Additionally, the bill does not require the establishment of new agencies, programs, or large-scale administrative efforts. It merely restricts certain actions by existing public employees, making compliance more a matter of policy enforcement and internal oversight than added expenditure. As such, both state and local agencies are presumed capable of absorbing any minor costs within their existing operational frameworks.

Vote Recommendation Notes

SB 511 prohibits officers or employees of the state or its political subdivisions from distributing voter registration application forms to individuals who have not requested them. It also bars the use of public funds to support third-party distribution of these forms in ways that would be impermissible for state employees. Political parties and candidates for office are explicitly exempted from these restrictions. The bill creates a Class A misdemeanor offense for violations of these provisions.

Proponents of SB 511 argue that it reinforces election integrity by ensuring that taxpayer-funded registration outreach is conducted in a neutral, request-based manner. They contend that unsolicited mailings of voter registration applications by public entities can be perceived as inappropriate or politically motivated, especially in contentious election cycles. The bill seeks to ensure a clearer boundary between government functions and electoral processes, maintaining public trust in nonpartisan administration of voter registration.

As such, Texas Policy Research recommends that lawmakers vote YES on SB 511.

  • Individual Liberty: The bill restricts the ability of government employees to proactively help individuals access voter registration forms. While it does not limit anyone’s right to request or receive a form, the prohibition on unsolicited distribution may disproportionately affect those who are least likely to seek out the process, such as first-time voters, low-income individuals, or transient populations. This limitation on outreach could inadvertently reduce civic participation, a core component of political liberty. Supporters may argue it protects individual liberty by preventing perceived government overreach into election processes, but critics view it as suppressing access to a fundamental right.
  • Personal Responsibility: The bill reinforces the idea that it is the individual’s responsibility to initiate voter registration. By requiring citizens to request a registration form themselves, it places the onus of participation squarely on the individual. This aligns with a principle that promotes civic responsibility and discourages passive dependence on government to facilitate democratic engagement.
  • Free Enterprise: Although the bill does not directly regulate private enterprise, it could have a chilling effect on nonprofit and civic organizations that engage in voter registration in collaboration with public entities. If public funds or partnerships are prohibited under the bill, some organizations may find their outreach capabilities diminished, particularly if they rely on government-sponsored locations, materials, or staff. This imposes an indirect regulatory burden on civic organizations operating in the public interest.
  • Private Property Rights: The bill does not touch on private property rights. It regulates only the behavior of public officials and the use of public funds in the context of voter registration distribution.
  • Limited Government: Paradoxically, while the bill is framed as limiting what government actors can do, it actually expands the role of government by creating a new criminal offense where none previously existed. It also requires state oversight and enforcement of a new legal boundary involving non-fraudulent administrative conduct and introduces penalties for conduct that is not inherently harmful, which critics argue constitutes unnecessary government intervention. Thus, although the bill seeks to restrict what government officials can do with public resources, it does so by increasing regulatory complexity and criminal liability, contradicting the core tenet of minimal government intrusion.
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