Regular Session
Secretary of State • Presiding Election Judges
Key implementation requirements and action items for compliance with this legislation
Facility Use Agreements: If you lease space to the County for elections, amend your agreement for the November 2025 cycle.
HR Policy Updates: Update "Time Off to Vote" guidance.
Documentation: No new statutory filings are required.
None: There are no new fees or direct costs associated with this legislation.
Definition of "Room" in Open-Plan Facilities:
The statute restricts device use in the "room in which voting is taking place." This creates ambiguity for facilities like hotel ballrooms, gymnasiums, or community centers using temporary partitions.
Our government affairs experts can walk you through this bill's specific impact on your operations.
Schedule ConsultationInformation presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
This bill's path through the Texas Legislature
BILL ANALYSIS |
| C.S.H.B. 3909 |
| By: Hickland |
| Elections |
| Committee Report (Substituted) |
| BACKGROUND AND PURPOSE Current law prohibits a person from using a wireless communication device within 100 feet of a voting station. The bill author has informed the committee that for many polling locations, this means that a person isn't allowed to use a wireless phone while waiting outside in line to vote, which is unnecessary and proves difficult and time-consuming for election workers to enforce. C.S.H.B. 3909 seeks to address this issue by changing the area of a polling place within which use of a wireless communication device is prohibited.
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| CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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| RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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| ANALYSIS C.S.H.B. 3909 amends the Election Code to change the area of a polling place within which use of a wireless communication device is prohibited from within 100 feet of a voting station to within a room in which voting is taking place, except as permitted under provisions relating to access by persons with disabilities. The bill requires the secretary of state to require a presiding judge to post a notice that states the prohibition on the use of a wireless communication device in a prominent and reasonably visible location outside of a room in which voting is taking place.
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| EFFECTIVE DATE September 1, 2025.
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| COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 3909 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Both the introduced and the substitute change the area of a polling place within which use of a wireless communication device is prohibited by removing the specification that such an area is within 100 feet of a voting station, but whereas the introduced made that area a voting station, the substitute makes that area a room in which voting is taking place, except as permitted under provisions relating to access by persons with disabilities. The substitute includes a provision absent from the introduced requiring the secretary of state to require a presiding judge to post a notice that states the prohibition on the use of a wireless communication device in a prominent and reasonably visible location outside of a room in which voting is taking place.
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| H.B. No. 3909 | ||
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| relating to the use of a wireless communication device at a polling | ||
| place. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 61.014, Election Code, is amended by | ||
| amending Subsection (a) and adding Subsection (e) to read as | ||
| follows: | ||
| (a) Except as permitted by Sections 61.012 and 61.013, a [ |
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| person may not use a wireless communication device within a room in | ||
| which voting is taking place [ |
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| (e) The secretary of state shall require a presiding judge | ||
| to post a notice that states the prohibition on the use of a | ||
| wireless communication device in a prominent and reasonably visible | ||
| location outside of a room in which voting is taking place. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
| TO: | Honorable Matt Shaheen, Chair, House Committee on Elections |
| FROM: | Jerry McGinty, Director, Legislative Budget Board |
| IN RE: | HB3909 by Hickland (Relating to the use of a wireless communication device at a polling place.), As Introduced |
| Source Agencies: |
| LBB Staff: | JMc, FV, BC, CWi |
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Common questions about HB3909
HB3909 narrows the prohibition on wireless device usage at polling sites from a 100-foot radius to the specific "room" where voting occurs, effective September 1, 2025. This change reduces operational interference for businesses hosting polling places but requires facility managers to coordinate strictly with election judges regarding signage and physical room delineation. Implementation Timeline Effective Date: September 1, 2025.
HB3909 was authored by Texas Representative Hillary Hickland during the Regular Session.
HB3909 was signed into law by Governor Greg Abbott on June 20, 2025.
HB3909 is enforced by Secretary of State and Presiding Election Judges.
The compliance urgency for HB3909 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
The cost impact of HB3909 is estimated as "low". This may vary based on industry and implementation requirements.
HB3909 addresses topics including elections, elections--administration, elections--general, electronic equipment and email & electronic communications.
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