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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB1540

Regular Session

Relating to maintaining the confidentiality of the personal information of election officials and their employees.

Government Affairs & Regulatory Compliance Analysis

SB1540: Government Affairs Overview

SB1540 significantly amends the Texas Public Information Act (PIA) to extend confidentiality protections to election officials, their employees, volunteers, and private sector "designees. " Effective September 1, 2025, businesses serving as government vendors for election services must treat their employee data as potentially confidential, and employers of election volunteers must recognize new privacy rights for their workforce.

Sen. Paul Bettencourt·Senate Bill·Regular Session

Low
Low Cost
Effective:2025-09-01
Enforcing Agencies

County Clerks • Elections Administrators • Office of the Attorney General (Open Records Division) • Secretary of State

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SB1540
Low
Relating to maintaining the confidentiality of the personal information of election officials and their employees.
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
County ClerksElections AdministratorsOffice of the Attorney GeneralSecretary of State
Primary Author: Sen. Paul Bettencourt
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (Applies to all open records requests received on or after this date).
  • Agency Rulemaking: No formal rulemaking is mandated, but the Office of the Attorney General (OAG) is expected to update the Public Information Act Handbook and confidentiality forms prior to the effective date.

Immediate Action Plan

  • Audit Vendor Contracts: Determine if your employees qualify as "designees" under current government contracts.
  • Update Data Systems: If you aggregate public records, adjust scraping algorithms to account for a higher volume of redacted personnel records starting Q3 2025.
  • Distribute Forms: Obtain the OAG confidentiality election form and distribute it to eligible staff (party chairs, election volunteers, and vendor staff) by August 2025.
  • Segregate Data: Ensure personnel lists provided to government clients are clearly marked to indicate which employees have elected confidentiality.

Operational Changes Required

Contracts

  • Vendor Classifications: Review Master Services Agreements (MSAs) with County Clerks, Elections Administrators, and the Secretary of State. You must define whether your employees (e.g., IT support, logistics staff) are classified as "designees" of an election official.
  • Indemnification: Update indemnification clauses to protect your organization against liability if a government client inadvertently releases personnel data that should have been shielded under this new statute.

Hiring/Training

  • Onboarding Protocols: For companies providing election services, onboarding must now include the option for employees to elect confidentiality of their personal information held by the government client.
  • HR Awareness: Human Resources must identify employees who serve as volunteer poll workers or party chairs, as their personal data held in government systems (tax rolls, permit applications) is now eligible for redaction.

Reporting & Record-Keeping

  • Confidentiality Election Form: To trigger protection, individuals must submit a form (based on Texas Government Code Section 552.1175) to the governmental body holding the record.
  • Data Tagging: Government vendors managing data on behalf of the state must update database schemas to include "Confidential/Redacted" flags for the home addresses, phone numbers, and family details of all election-affiliated personnel.

Fees & Costs

  • No Statutory Fee Increases: There are no new filing fees.
  • Administrative Costs: Expect minor increases in administrative overhead related to processing confidentiality forms and redacting records prior to release.

Strategic Ambiguities & Considerations

  • Scope of "Designee": The statute does not explicitly define "designee of an election official." It is unclear if this extends to third-party contractors with incidental access (e.g., a delivery driver for voting machines) or is limited to those with decision-making authority.
  • Verification of "Former" Status: The law protects "current or former" officials. There is no centralized database for counties to verify if an individual requesting confidentiality was truly a former election worker in a different jurisdiction.

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Information 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.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 21, 2025
Passed Senate
May 1, 2025
Passed House
May 28, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsElectionsElections--election OfficersOpen RecordsProtection of Personal InformationSecretary of State
03

Senate Authors

Sen. Paul BettencourtRepublican · Primary Author

House Sponsors

Rep. Giovanni CapriglioneRepublican · Primary Sponsor
Cosponsors (1)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB1540

Q

What does Texas SB1540 do?

SB1540 significantly amends the Texas Public Information Act (PIA) to extend confidentiality protections to election officials, their employees, volunteers, and private sector "designees. " Effective September 1, 2025, businesses serving as government vendors for election services must treat their employee data as potentially confidential, and employers of election volunteers must recognize new privacy rights for their workforce.

Q

Who authored SB1540?

SB1540 was authored by Texas Senator Paul Bettencourt during the Regular Session.

Q

When was SB1540 signed into law?

SB1540 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB1540?

SB1540 is enforced by County Clerks, Elections Administrators, Office of the Attorney General (Open Records Division) and Secretary of State.

Q

How significant are the changes in SB1540?

The regulatory priority for SB1540 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB1540?

The cost impact of SB1540 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1540 address?

SB1540 addresses topics including elections, elections--election officers, open records, protection of personal information and secretary of state.

Q

What are the key dates for SB1540?

Key dates for SB1540: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026