The Texas Legislature continues its own version of the NFL draft. All bills are eligible to be drafted into law just like all college football players are eligible to be drafted into the league, but most never get that phone call. Only some bills are invited to the combine (committee) to be looked over by scouts (committee members), and even many of those end up undrafted and then try to sign on as a free agent (floor amendment to another bill). There are only 38 days left to see which bills get to go pro. And with the first pick, Texas chooses …
New Committee Postings! See below.
Prosecutors at the Texas Capitol
The saying goes that if you are not at the table, then you are on the menu. These prosecutors made sure to be at the table by testifying on HB 3330 by Cook concerning the Heath fix: Fort Bend County DA Brian Middleton, Williamson County DA Shawn Dick, Montgomery County DA Brett Ligon, Comal County CDA Jennifer Tharp, and Montgomery County ADA Amy Waddle. HB 3330 attempts to end the unfair gamesmanship occurring in the wake of the Heath opinion by clearing up some ambiguities in Code of Criminal Procedure Art. 39.14. It was a raucous hearing that lasted hours as the committee asked tough questions of proponents of the bill. Defense attorneys brought in exonerees to voice their concerns that the bill might chip away at the Michael Morton Act. At the end of a contentious hearing, the bill was left pending in committee. The next step will be for Representative Cook (R-Mansfield) to negotiate the language that attracted the most resistance from committee members to see if a slimmed-down version of HB 3330 can pass out of the committee.
In other news, Comal County Criminal District Attorney Jennifer Tharp testified in favor of HB 3167, which increases the punishment for organized retail theft. Parker County Criminal District Attorney Jeff Swain testified in favor of HB 2590, which increases the punishment for the offense of indecent exposure. Montgomery County DA Brett Ligon testified in favor of HB 1255, which increases the penalty for certain offenses committed by a professional who is required to report child abuse. Montgomery County Assistant District Attorney Nancy Hebert testified in favor of HB 2593, which increases the penalty for the offense of indecent assault against a disabled or elderly individual. She also testified in favor of HB 3185, which will help with investigations of certain cybercrimes. And Dallas County Assistant Criminal District Attorney Gary McDonald testified in favor of SB 816, which would allow cell phone companies to disclose location data to the police in life-threatening situations.
There is no substitute for in-person testimony for or against legislation! Lawmakers truly appreciate hearing from experts who will have to live with the real-life consequences of any legislation passed during the session. Just like in certain raffle games, you must be present to win. Thank you again to all the prosecutors who committed to travelling to Austin to make their voices heard. Please keep us posted if you or someone from your office plans to testify in a committee hearing this session. TDCAA is here to help you navigate the Texas Capitol, even if that only means a parking spot at the association’s HQ, free coffee, and showing you the way to the big Capitol gift shop.
Regional DA legislation
HB 4803 by Spiller (R-Jacksboro) would create four “regional DAs” (who aren’t really DAs) for certain parts of the state (map available here) who would have the power to take any criminal case from any local CA or DA in their large, multi-county regions and prosecute it (or not prosecute it, as the case may be). That bill was removed from its committee agenda the night before it was scheduled to be heard two days ago. There are several reasons why a bill might be removed like this: One of those reasons could be that there were many prosecutors who let their state reps know that they opposed the bill and were ready to testify against the bill in person. Some even showed up anyway—including Hill County CA David Holmes and Somervell County CA Trey Brown—and were able to register their support or opposition on other legislation while they were here. (There is always work to be done in Austin!)
While the fate of HB 4803 remains uncertain, there is also a Senate version that deserves your attention. SB 2384 by Hughes (R-Mineola) is awaiting a hearing in the Senate Criminal Justice Committee and we understand that the bill’s supporters are making a hard push for that to happen as soon as next week. The Senate bill’s structure differs from the House bill, resulting in a different map (copy available here) and different provisions. Be sure to read it for yourself and then take pre-emptive action with your senators if you wish.
Other bills on the move
Too many bills are now moving through the process for us to be able to stay on top of it all. If you can picture Hector and Shannon playing the roles of Lucy and Ethel working the conveyor belt trying (but failing) to keep up with everything coming our way, you would not be too far off. Here are some bon-bons we did manage to grab for you this week:
HB 45 by Hull requiring OAG to prosecute certain human trafficking crimes / passed from House State Affairs Committee to House Calendars Committee
HB 204 by Tepper to remove the DA salary supplement “donut hole” in certain counties / passed House, referred to Senate Finance Committee
HB 503 by Tepper adding counties to rural law enforcement (SB 22) grants / passed House 111-36, headed to Senate
HB 917 by Spiller authorizing county attorneys to be ad litems in CPS cases / passed House 119-8, headed to Senate
HB 2216 by Hull to limit CPS interventions in abuse or neglect cases / passed House 140-4, referred to Senate
HB 2715 by Curry changing procedures for removal of certain officials / passed from House State Affairs Committee to House Calendars Committee
HB 3964 by Vasut barring certain public nuisance claims / heard and left pending in House Judiciary Committee
HB 5138 by Shaheen requiring OAG to prosecute certain election crimes / heard and left pending in House State Affairs Committee
SB 16 by Hughes requiring OAG to prosecute certain voter registration crimes / passed Senate, referred to House Elections Committee
SB 1367 by Hughes granting the State Prosecuting Attorney trial court jurisdiction / heard and left pending in Senate State Affairs Committee
SB 1610 by Perry granting new civil commitment prosecution powers to SPU / passed Senate, referred to House Corrections Committee
SB 1861 by Hughes assigning certain election crime prosecutions to special prosecutors / heard and left pending in Senate State Affairs Committee
SB 2743 by Hagenbuch disqualifying certain local prosecutors from handling election crimes / passed Senate 19-12 (with Sen. Nichols (R-Jacksonville) joining Senate Ds in opposition), headed to House
Like one of these bills? Hate one of these bills? Even those that have passed one chamber have not had their final fate sealed. Contact us for more information if you want to get involved.
Recognition
We had the pleasure of helping to honor one of our own yesterday when the Texas House and Senate recognized former TDCAA Executive Director Rob Kepple on his retirement. The official resolution can be read here. A video clip of each recognition can be viewed by clicking these links: Senate and House (each is about five minutes long, but they may take a minute to load on handheld devices). It was a fitting tribute to Rob’s legacy, and we are glad we could share this special day with him!
Upcoming committee hearings
Tuesday
House Criminal Jurisprudence: 8:00 a.m., E2.014
HB 115 Cook: Relating to applications for a writ of habeas corpus after conviction.
HB 1847 Collier: Relating to a maximum allowable caseload for certain attorneys.
HB 2046 Davis: Relating to an affirmative finding of family violence entered in the trial of certain offenses.
HB 2239 Dutton: Relating to the locations in which certain knives are prohibited.
HB 2328 Orr: Relating to the procedures for the expunction of arrest records and files; authorizing a fee.
HB 2309 Villalobos: Relating to the forfeiture of certain contraband and the authority of the Attorney General to bring certain forfeiture actions.
HB 2417 Campos: Relating to the eligibility of certain wrongfully imprisoned persons for compensation and for the expunction of arrest records and files in the case.
HB 2728 Dutton: Relating to spoliation of evidence held for use in a criminal proceeding.
HB 2794 Capriglione: Relating to the admissibility of evidence regarding a victim’s past sexual behavior in prosecutions of certain assaultive offenses.
HB 3206 Hayes: Relating to the sequestration of a jury in a criminal case.
HB 3566 Flores: Relating to the frequency of county bail bond board meetings.
HB 3694 Raymond: Relating to the unlawful production or distribution of sexually explicit media and removal of certain intimate visual depictions published on online platforms without the consent of the person depicted; increasing criminal penalties.
HB 3744 Manuel: Relating to the definition of intervenor for purposes of crime victims’ compensation.
HB 4254 Metcalf: Relating to appeal of a mistrial order in a felony case.
HB 4697 Garcia: Relating to a defendant’s appearance by telephone or videoconference in a justice or municipal court.
HB 4733 González: Relating to the expunction of arrest records and files and the issuance of orders of nondisclosure of criminal history record information for certain persons.
HB 4915 Moody: Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.
HB 5465 Moody: Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual or developmental disability.
Senate Criminal Justice: 8:00 a.m., E1.016
SB 614 Hinojosa: Relating to the authority of the Texas Forensic Science Commission to review and refer certain cases to the office of capital and forensic writs.
SB 872 Birdwell: Relating to the punishment for the offense of burglary of a vehicle involving theft of a firearm.
SB 1199 Birdwell: Relating to the investigation of the death of a prisoner in county jail.
SB 1212 Paxton: Relating to the prosecution and punishment for the offense of trafficking of persons.
SB 1278 Parker: Relating to an affirmative defense to prosecution for victims of certain offenses.
SB 1573 Birdwell: Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.
SB 1588 Hancock: Relating to the failure to report child abuse or neglect.
SB 1602 Hagenbuch (F): Relating to creating the criminal offense of trespass on or near school or day-care center property.
SB 1660 Huffman: Relating to the retention and preservation of toxicological evidence of certain intoxication offenses.
SB 1704 Parker: Relating to certain rights of crime victims and witnesses and associated persons and to victim impact statements.
SB 1723 Creighton: Relating to the establishment of a rapid DNA analysis pilot program in certain counties.
SB 1833 Parker: Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance.
SB 1858 Hagenbuch (F): Relating to eligibility for the bulletproof vest and body armor grant program.
SB 1946 Zaffirini: Relating to the creation of a family violence criminal homicide prevention task force.
SB 2009: Campbell: Relating to the compensation of counsel appointed to provide representation and services to indigent individuals in criminal and juvenile proceedings.
SB 2146 Huffman: Relating to the information reported by prosecuting attorneys to the Texas Judicial Council.
SB 2177 Hagenbuch (F): Relating to the creation of a grant program to assist local law enforcement agencies in solving violent and sexual offenses.
SB 2373 Johnson: Relating to the financial exploitation or abuse of persons using artificially generated media or phishing communications.
SB 2460 Creighton: Relating to rapid DNA analysis performed by certain law enforcement agencies and the content of certain DNA databases.
SB 2785 Birdwell: Relating to notification and disclosure of records and information concerning an investigation of a report of child abuse or neglect to county or district attorneys.
Wednesday
House Corrections: 8:00 a.m., E1.014
HB 2708 Allen: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.
HB 4515 Cook: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.
SB 1021 Huffman: Relating to changing the eligibility for community supervision of a person convicted of stalking.
SB 1610 Perry: Relating to the Texas Civil Commitment Office and the prosecution of the offense of harassment by sexually violent predators and others confined in certain facilities.
State Affairs: 8:00 a.m., JHR 140
HB 5318 Louderback: Relating to the authority of the attorney general to prosecute certain criminal offenses against public order.
HB 5360 Villalobos: Relating to the duty of the attorney general to prosecute human trafficking offenses.
House Homeland, Public Safety, Veterans: 8:00 a.m., E2.016
HB 2956 McLaughlin: Relating to a central database about certain persons who have been convicted or received deferred adjudication for offenses involving family violence.
House Judiciary and Civil Jurisprudence: 8:00 A.M., E2.030
HB 4256 Spiller: Relating to actions brought by the attorney general on behalf of certain persons under the Texas Free Enterprise and Antitrust Act of 1983.
HB 1571 Jones: Relating to access to and notification of protective order registry information.
HB 4266 Kitzman: Relating to the application of the professional prosecutors law to the county attorney of Fayette County.
SB 251 Flores: Relating to the creation of criminal law magistrates for Bell County.
SB 1719 Hughes: Relating to the rulemaking power of the Texas Supreme Court.
Thursday
Subcommittee on New Offenses and Changed Penalties: 8:00 A.M., E2.014
HB 544 Gervin-Hawkins: Relating to the imposition of consecutive sentences for more than one criminal offense of injury to a child, elderly individual, or disabled individual arising out of the same criminal episode.
HB 689 Gervin-Hawkins: Relating to increasing the criminal penalty for certain offenses committed in a vehicle operated by a public transportation system.
HB 2915 Shaheen: Relating to the criminal penalty for rigging a publicly exhibited contest.
HB 3207 Dean: Relating to the prosecution and punishment of the offense of intoxication assault.
HB 3565 Cook: Relating to increasing the criminal penalty for the offense of interference with public duties.
HB 5467 Kitzman: Relating to creating the criminal offense of continuous manufacture or delivery of a controlled substance.
NDAA survey on federal grant cuts
The National District Attorneys Association (NDAA) has created a short survey to help evaluate the impact of recent grant terminations by the U.S. Department of Justice (DOJ). If you have been impacted (or fear being impacted) by those cuts, you can complete the survey by clicking here.
Quotes of the week
“Who is your District Attorney? Have you talked to him?”
—Representative Richard Raymond (D-Laredo) during a House State Affairs Committee meeting asking Representative Matt Shaheen (R-Plano) if he had spoken with his local DA prior to filing HB 5138 to give the Attorney General original jurisdiction over election crimes. (Representative Shaheen had not, in fact, spoken to his local DA.)
“The district attorney at that point would have said, ‘I choose not to prosecute.’ The way this bill is written, that would, to me, say, he chose not to so the AG can then decide, even though it has been to a grand jury and the grand jury no-billed.”
—Representative Charlie Geren (R-Fort Worth) questioning Representative Shaheen during that same hearing about giving the Attorney General the power to take over a case that has been no-billed by a grand jury.
“I had a great dinner with the Speaker last night. Our relationship is light years beyond any other speaker I’ve worked with over the last decade.”
—Lt. Governor Dan Patrick describing his relationship with Speaker Dustin Burrows in an X post.
“Mr. Craddick, I do have one question. I was not expecting to stay here this late. So yeah. This may be the first time you ever hear this question, but I’m requesting a school note to excuse my absence.”
—A Frisco eighth grader speaking to Chairman Tom Craddick (R-Midland) after testifying before the Texas House Transportation Committee at nearly 1 a.m.
“I’ve been to 9 rodeos and 6 world fairs and let me tell you, this is horseshit.”
—Representative Richard Hayes (R-Hickory Creek), overheard talking with his Republican colleagues on the House floor right before dozens of bills on the Local and Consent Calendar were rejected for that expedited consideration. (That calendar normally passes without much opposition since it contains non-controversial bills, but tensions are high on the House floor!)
“Isn’t the goal of the bill, just wanting to know, if you’re turned down. Turned down for what!”
—Representative Anchia (D-Dallas) asking Representative Dennis Paul (R-Houston) about Paul’s HB 2067 that would require insurers to provide written statements detailing the reasons for declining, canceling, or refusing to renew an insurance policy.
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