Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 760 is designed to safeguard the mail-in voting process for residents of long-term care facilities in Texas. The bill amends Section 84.014 of the Texas Election Code to require early voting clerks to notify the Health and Human Services Commission (HHSC) whenever a mail-in ballot application lists the address of a long-term care facility. This definition includes nursing facilities, assisted living facilities, and intermediate care facilities licensed under Chapters 242, 247, or 252 of the Health and Safety Code.

Upon receiving this notification, HHSC is directed to inform the facility in writing that one of its residents has submitted a mail-in ballot application. In turn, the facility must determine whether the resident has a legal guardian or has appointed a power of attorney. If so, the facility must notify that guardian or agent within five business days. This framework establishes a check on possible third-party abuse of the mail-in ballot process.

To ensure compliance, HHSC is required to conduct audits of at least 2.5 percent of all long-term care facilities following each primary and general election. The results of these audits will serve to confirm whether facilities have fulfilled their obligations under the statute. The bill also ties compliance to facility licensing by making violations of these provisions grounds for denial, suspension, or revocation of licensure. Through these mechanisms, S.B. 760 aims to enhance voter protections for a particularly vulnerable population while minimizing the risk of mail ballot exploitation.

The Committee Substitute for SB 760 introduced several substantive and structural changes that refine the original version of the bill. First, it clarified that HHSC must provide written notification to facilities, thus creating a clear, documented process for informing care homes about ballot applications. Second, the substitute limits a facility’s obligation to notify guardians or agents only to those individuals who are already on file as the designated point of contact. This adjustment addresses concerns about administrative feasibility and limits potential liability for facilities that might not have comprehensive records of familial or legal representation.

In addition, the substitute version includes a provision that the bill’s requirements apply only to mail-in ballot requests submitted on or after the bill’s effective date. This ensures that facilities and agencies are not held retroactively accountable for conduct or omissions that occurred before the statute was in force. These changes collectively narrow the scope of the bill while maintaining its core purpose of preventing ballot fraud and increasing transparency in the voting process.

Author (1)

Lois Kolkhorst

Co-Author (1)

Bryan Hughes

Sponsor (1)

Jeff Leach

Contact the Author

Sen. Lois Kolkhorst

Capitol Phone:

(512) 463-0118

Capitol Office:

CAP GE.4

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 760 is not anticipated to have a significant fiscal impact on state agencies or local governments. The Secretary of State and HHSC, the primary agencies affected by the bill’s provisions, are expected to absorb the operational costs of implementation within their existing resources. The bill’s limited scope and targeted audit mandate contribute to this modest fiscal footprint. No additional appropriations or staffing increases are projected as necessary for compliance. As a result, the bill is fiscally neutral while still introducing new reporting and oversight responsibilities.

Vote Recommendation Notes

SB 760 addresses a gap in the voting process for residents of long-term care facilities, many of whom may be vulnerable to coercion or exploitation when applying for a mail-in ballot. The bill is framed as a continuation of reforms adopted under the Election Integrity Protection Act passed during the 87th Legislature.

Supporters argue that the bill empowers family members and legal representatives to intervene early if there is suspicion that a mail-in ballot request was made without the resident’s knowledge or consent. Opponents may express concern that the legislation could be used to intimidate or discourage legitimate voters, though the text of the bill explicitly avoids creating any approval process or veto power for guardians. The measure does not create barriers to voting but instead ensures that voting decisions by individuals in care settings are transparent to those responsible for their welfare.

Given the balance the bill strikes between electoral integrity and individual rights, Texas Policy Research recommends that lawmakers vote YES on SB 760. It creates a narrow, well-defined notification and oversight regime that enhances transparency while minimizing the risk of misuse.

Individual Liberty: The bill aligns with the principle of individual liberty by protecting the right of long-term care residents to cast a ballot free from coercion. By creating a system in which guardians and legal agents are informed of ballot requests, the legislation strengthens individual autonomy in the voting process. It does so without requiring approval or intervention from those parties, preserving the individual's ability to vote as they choose.
Personal Responsibility: The legislation also supports personal responsibility by assigning clear duties to care facilities, state agencies, and legal representatives. It holds each accountable in a structured way that enhances the integrity of the process without creating punitive or arbitrary burdens. The duty to notify guardians, if they are known, ensures that those with a legal interest in the resident’s welfare can fulfill that responsibility effectively.
Free Enterprise: The bill has no significant effect on free enterprise as its scope is narrowly focused on electoral procedures and agency communications.
Private Property Rights: The bill has no significant effect on private property rights, as its scope is narrowly focused on electoral procedures and agency communications.
Limited Government: While it introduces new regulatory responsibilities and audit mandates, these are limited in scope and justified by the state’s compelling interest in protecting election integrity. The 2.5 percent audit threshold and the absence of new enforcement agencies indicate restraint in regulatory design.

View Bill Text and Status