HB493

Regular Session

Relating to ineligibility to serve as a poll watcher.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Secretary of State (Elections Division) • Presiding Election Judges (Polling Locations)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: November 4, 2025 (Uniform Election Date). *Note: Protocols must be in place immediately for any special elections occurring on or after Sept 1.*
Agency Rulemaking: The Secretary of State is not required to engage in formal rulemaking but is expected to publish an updated "Certificate of Appointment" form. Organizations should monitor the SOS Elections Division website in August 2025.

Immediate Action Plan

Audit Rosters: Immediately run background checks on "frequent flyer" poll watchers intended for the November 2025 cycle; purge ineligible individuals from the active list.
Update Templates: Download the new Certificate of Appointment from the Secretary of State’s website once available (post-session). If delayed, have legal counsel draft a compliant addendum.
Notify Vendors: Send a formal directive to all election consultants and staffing agencies informing them of the new statutory requirement and your expectation of full compliance.

Operational Changes Required

Contracts

Vendor MSAs: If you outsource election operations to political consulting firms, amend Master Services Agreements to include a warranty clause. The vendor must certify that all supplied watchers have been vetted for first and second-degree felonies.
Volunteer Agreements: Update volunteer codes of conduct to include a specific attestation regarding felony history, shifting liability for falsification to the individual.

Hiring/Training

Enhanced Screening: Standard "no election fraud" background checks are no longer sufficient. Screening criteria must specifically flag Texas Penal Code first and second-degree felonies (e.g., aggravated assault, arson).
Intake Scripts: Update recruitment scripts to explicitly ask: *"Have you ever been finally convicted of a first or second-degree felony?"*
Field Verification: Train field directors to reject any volunteer who cannot sign the updated affidavit in good faith.

Reporting & Record-Keeping

Certificate of Appointment: This is the critical compliance document. You must destroy legacy templates. The new form must contain a sworn affidavit pursuant to Section 33.006(b) stating the appointee has not been finally convicted of a first or second-degree felony.
Document Retention: Maintain copies of these signed affidavits post-election in case of challenges regarding watcher eligibility.

Fees & Costs

Background Check Costs: Anticipate a marginal increase in operational costs to conduct more granular criminal history searches (county-level vs. basic national database) to ensure accurate classification of felonies.

Strategic Ambiguities & Considerations

Cross-Jurisdictional Equivalency: The statute relies on Texas Penal Code classifications (1st/2nd Degree). It is legally ambiguous how an out-of-state conviction (e.g., "Class A" or "Level 1") translates. *Guidance: Adopt a zero-tolerance policy for out-of-state felonies to avoid on-site disputes with Election Judges.*
"Final" Conviction: Ambiguity exists regarding cases pending appeal. Until the Secretary of State issues an advisory, assume any conviction on the record that has not been expunged or overturned renders the individual ineligible.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsElections Elections--election Officers Elections--general

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

C.S.H.B. 493

By: Shaheen

Elections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Under current state law, a person is ineligible to serve as a poll watcher in an election if the person has been finally convicted of an offense in connection with conduct directly attributable to an election. However, despite convicted felons in Texas being disqualified from holding many jobs, a person can currently serve as a poll watcher even if the person has been finally convicted of a first or second degree felony offense. C.S.H.B. 493 seeks to reinforce standards of accountability and ethical conduct that are critical in safeguarding the state's elections by making individuals who have been convicted of a first or second degree felony offense ineligible to serve as poll watchers.

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.

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.

ANALYSIS

C.S.H.B. 493 amends the Election Code to make a person ineligible to serve as a poll watcher in an election if the person has been finally convicted of a first or second degree felony offense. The bill specifies that the conviction of an offense in connection with conduct directly attributable to an election, with which a person is ineligible to serve as a poll watcher in an election, must be a felony offense. The bill requires a certificate of appointment issued to a poll watcher to contain an affidavit executed by the appointee stating that the appointee has not been finally convicted of a first or second degree felony offense or a felony offense in connection with conduct directly attributable to an election.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 493 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.

With respect to a person's ineligibility to serve as a poll watcher in an election if the person has been finally convicted of an offense in connection with conduct directly attributable to an election, the substitute includes a specification absent from the introduced that such a disqualifying offense must be a felony offense.

Whereas the introduced required a certificate of appointment issued to a poll watcher to contain an affidavit executed by the appointee stating that the appointee has not been finally convicted of a first or second degree felony offense or an offense in connection with conduct directly attributable to an election, the substitute requires such an affidavit to state that the appointee has not been finally convicted of a first or second degree felony offense or a felony offense in connection with conduct directly attributable to an election.

House Authors

Rep. Matthew ShaheenRepublican · Primary Author

Joint Authors

Senate Sponsors

Sen. Bryan HughesRepublican · Primary Sponsor

Cosponsors (2)

Bill Text(with markup)

H.B. No. 493

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to ineligibility to serve as a poll watcher.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 33.006(b), Election Code, is amended to
	read as follows:
	(b) A certificate of appointment must:
	(1) be in writing and signed by the appointing
	authority or, for an appointment for a write-in candidate under
	Section 33.004, by each of the voters making the appointment;
	(2) indicate the capacity in which the appointing
	authority is acting;
	(3) state the name, residence address, and voter
	registration number of the appointee and be signed by the
	appointee;
	(4) identify the election and the precinct polling
	place or other location at which the appointee is to serve;
	(5) in an election on a measure, identify the measure
	if more than one is to be voted on and state which side of the
	measure the appointee represents; and
	(6) contain an affidavit executed by the appointee
	stating that the appointee:
	(A) will not have possession of a device capable
	of recording images or sound or that the appointee will disable or
	deactivate the device while serving as a watcher; and
	(B) has not been finally convicted of a felony of
	the first or second degree or a felony offense in connection with
	conduct directly attributable to an election.
	SECTION 2. Section 33.035, Election Code, is amended to
	read as follows:
	Sec. 33.035. INELIGIBILITY OF PERSON CONVICTED OF CERTAIN
	OFFENSES [~~ELECTION OFFENSE~~]. A person is ineligible to serve as a
	watcher in an election if the person has been finally convicted of a
	felony:
	(1) of the first or second degree; or
	(2) [~~an offense~~] in connection with conduct directly
	attributable to an election.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 17, 2025

TO:	Honorable Matt Shaheen, Chair, House Committee on Elections

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB493 by Shaheen (Relating to ineligibility to serve as a poll watcher.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

307 Secretary of State

LBB Staff:

JMc, FV, LCO, GP

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Frequently Asked Questions

Common questions about HB493

What does Texas HB493 do?

HB493 statutorily disqualifies individuals with first or second-degree felony convictions from serving as poll watchers, regardless of whether the offense was election-related. Effective September 1, 2025, trade associations, PACs, and corporations engaging in ballot measure monitoring must overhaul vetting protocols and update appointment affidavits to prevent the on-site ejection of their observers. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: November 4, 2025 (Uniform Election Date).

Who authored HB493?

HB493 was authored by Texas Representative Matthew Shaheen during the Regular Session.

When was HB493 signed into law?

HB493 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB493?

HB493 is enforced by Texas Secretary of State (Elections Division) and Presiding Election Judges (Polling Locations).

How urgent is compliance with HB493?

The compliance urgency for HB493 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB493?

The cost impact of HB493 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB493 address?

HB493 addresses topics including elections, elections--election officers and elections--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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