Relating to maintaining the confidentiality of the personal information of election officials and their employees.
LowStandard timeline
Low Cost
Effective:2025-09-01
Enforcing Agencies
Office of the Attorney General (Open Records Division) • Secretary of State • County Clerks • Elections Administrators
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.
Need Help Understanding Implementation?
Our government affairs experts can walk you through this bill's specific impact on your operations.
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.
Concerns have been raised about the safety of people who work in elections. With it being more challenging to find people to work elections, we must do what we can to protect these individuals. S.B. 1540 adds current or former election officials, employees, volunteers, or designee of an election official, or an employee of the secretary of state's office who performs duties relating to elections to the confidentiality of personal information list.
As proposed, S.B. 1540 amends current law relating to maintaining the confidentiality of the personal information of election officials and their employees.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 552.1175(a), Government Code, to provide that Section 552.1175 (Exception: Confidentiality of Certain Personal Identifying Information of Peace Officers and Other Officials Performing Sensitive Governmental Functions) applies only to certain persons, including a current or former election official, as defined by Section 1.005 (Definitions), Election Code, or employee, volunteer, or designee of an election official, or an employee of the secretary of state's office who performs duties relating to elections, and to make nonsubstantive changes.
SECTION 2. Makes application of this Act prospective.
Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1540 by Bettencourt (Relating to maintaining the confidentiality of the personal information of election officials and their employees.), As Introduced
No fiscal implication to the State is anticipated.
Local Government Impact
No significant fiscal implication to units of local government is anticipated
Source Agencies:
307 Secretary of State
LBB Staff:
JMc, BC, CWi, WP
Related Legislation
Explore more bills from this author and on related topics
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. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Applies to all open records requests received on or after this date).
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 Office of the Attorney General (Open Records Division), Secretary of State, County Clerks and Elections Administrators.
Q
How urgent is compliance with SB1540?
The compliance urgency for SB1540 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
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.
Legislative data provided by LegiScanLast updated: November 25, 2025
Need Strategic Guidance on This Bill?
Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.
