February 24, 2012

           Do you know what the best news we received this month is?  Governor Perry has publicly rejected requests to call a special session on education funding.  That may not be good for public schools, but it’s great for those of us who would have to waste spend time at the Capitol during such a session watching for random policy fires that need to be put out.  But enough of our personal issues, let’s get on to the news from February (which we’re sending out a week early due to some time-sensitive information included below).

         Primary election dates.  Nothing dramatic has occurred in the past week on this front, so we won’t bore you with old news.  Talks of a split primary have apparently died a quiet death (mainly due to lack of funds), but no primary election date (or new filing period) has been set.  The earliest the election could be held is probably Tuesday, May 29, with run-offs held July 31 (if necessary), but even those dates are contingent on maps being finalized by this time next week, which is a crapshoot.  These delays create problems for the two political parties and their conventions, but that ain’t our problem (although if they need tips on how to put on a re-scheduled convention on short notice, our hurricane-tested Training Team has written the book on pulling that kind of rabbit out of the hat!).  The federal court panel is currently reviewing briefs on several contested Congressional and state House districts, but it is unknown when it will make a final decision on a primary election date.  Local election administrators told the court that they need finalized maps by March 3 to pull off a May 29 election.  If that deadline is blown, the next likeliest date is June 26.  For those of you keeping score at home, a June 26 primary would make Texas the last state in the Union to hold its presidential primary election this year (tied with Utah).  Check TDCAA’s website and Twitter feed for breaking news on this front, or if you are a true redistricting junkie, be sure to bookmark http://txredistricting.org/ for the inside scoop.

         CJIS reporting and grants.  TDCAA recently participated in another meeting with DPS and the Governor’s CJD regarding the latter office’s grant ultimatum on criminal history disposition reporting that we discussed last month.  Here’s what we learned from this meeting:

• In the past 30 days, 11 counties have improved their 5-year reporting ratio to 90 percent or greater.
• The new “absconder” code is now active and being accepted by DPS.  All counties were notified of the change by last week, but if you did not get that update, contact your local DPS representative (for contact information, see the attachment found on our website at http://www.tdcaa.com/content/cjis-information).  Remember, when you use the new code, be sure your court has issued—and your sheriff has uploaded—the absconder’s warrant into the state’s database; otherwise, you won’t get credit for it.
• Some counties have a significant number of entries (20–40 percent) rejected due to errors created by their local information systems. In other words, the human properly enters the records, but technical errors prevent them from being accepted by DPS.  And according to DPS, many county officials are unaware of the problem because their local IT people do not tell them about the errors.  If you are not already receiving these error reports, you should request them from your IT vendors and/or DPS.  Fixing those problems will increase your successful reporting completion rate.

Those are the highlights of last week’s meeting.  We will touch base with DPS and CJD in a few weeks to get an update on the latest numbers after the absconder codes start trickling in.  Meanwhile, CJD says it has not had many takers on its offer to award grant funds to help counties become compliant with the 90-percent reporting goal.  If your county hasn’t already asked for CJD’s help, you should consider doing so ASAP.  Otherwise, if you have any specific questions on this topic, contact Shannon.

         Interim hearings.  The House Appropriations Committee got its first report from the Legislative Budget Board (LBB) previewing the revenue estimates for the FY 2014–2015 state budget.  The good news?  Revenue growth from an improving state economy, driven largely by higher energy commodity prices and improved consumer spending, means that Texas budget writers could have $1.6 billion more to spend during the next biennium, plus an additional $7.3 billion in the Rainy Day Fund with which to play.  (Side note:  Texas has now created enough new jobs to offset all those lost from the recession; nationally, only 36 percent of lost jobs have been replaced.  Yay, us!)  The bad news?  By August 2013, the current budget (FY 2012-2013) will be almost $4 billion in the hole due to increased Medicaid costs alone, not to mention shortfalls caused by wildfire losses, prisoner health care, and other potholes, both anticipated and unanticipated.  (And none of this includes restoring any of the cuts made last session to public or higher education.)  There is as yet no word on how everything will work out, but it’s a safe bet that money won’t be growing on the trees lining the Capitol grounds next session.

            Looking ahead, the following hearings have been announced for subsequent weeks:

House Border & Intergovernmental Affairs:  Joint hearing on border security with the House Homeland Security & Public Affairs Committee, March 1–2 at the McAllen Convention Center, Room 101. 

Joint Interim Committee to Study Human Trafficking:  Monday, March 5, at 10:00 a.m. in Room E1.036 in the Capitol Extension to review implementation of bills passed last session and to receive an update from the Human Trafficking Prevention Task Force administered by the AG’s Office.  (Note that this meeting has not been officially posted yet.)

House Corrections: Tuesday, March 6, at 10:00 a.m. in Room E2.014 in the Capitol Extension, to discuss these juvenile justice topics:

• Review the implementation of SB 653 (which created the Texas Juvenile Justice Department) and make recommendations to enhance the integration of the Texas Youth Commission and the Texas Juvenile Probation Commission;
• Study ways to reduce the number of juvenile referrals (including mental health services, diversion and early intervention programs, and other prevention methods); and
• Study and make recommendations related to the certification of juveniles as adults.

If you would like to weigh in on any of these issues, contact Shannon ASAP.

House Judiciary & Civil Jurisprudence:  Thursday, March 15, at 10:00 a.m. in Room E2.010, Capitol Extension, to take invited testimony on the pros/cons of allowing courts to issue agreed protective orders without a finding of violence.  (Again, to find out how to get “invited,” contact Shannon.)

         News from the swamp.  We purposely don’t pay much attention to what’s going on in Washington, D.C.—mostly in an effort to maintain our sanity, but also because we aren’t equipped to do business up there, unlike groups like the National District Attorneys Association (NDAA).  However, we are occasionally asked to get word out to Texas prosecutors about developments on Capitol Hill.  Recently, someone enlisted us to alert Texas prosecutors to a measure that would create a National Criminal Justice Commission.  This Commission would review every aspect of our criminal justice system—federal, state, and local—with an eye toward reshaping the country’s criminal justice system from top to bottom.  Language creating the commission was most recently defeated by a three-vote margin in October 2011, with both Texas senators voting against the measure and Sen. Kay Bailey Hutchinson speaking in opposition to it.  The issue is now in limbo until supporters can find another vehicle for passing the measure (such as a FY 2013 spending bill) while opponents try to gather letters in opposition from local officials in preparation for future amendments.  If you are interested in participating in that debate, visit http://www.tdcaa.com/content/information-proposed-national-criminal-justice-commission-aka-webb-commission for more information and/or contact Shannon.

         Details on new DPS lab reports. By now, all offices that use DPS’s Crime Lab should have received a letter from DPS Lab Director Pat Johnson regarding its new lab reports, which will include information regarding margins of error and sampling size as required by a national accrediting body.  The reports should be in use at all DPS labs by the end of March.  If you have not received that letter, you can view a sample copy of those and other changes at http://www.tdcaa.com/news/information-new-dps-lab-reports.

         New training.  TDCAA is excited to host its first-ever Domestic Violence seminar April 11–13 at the Omni Colonnade in San Antonio.  The training features state- and nationally-recognized experts in the field of domestic violence and will include split tracks (Basic and Advanced) on Thursday to provide exactly the level of training your office may need.  Register at www.tdcaa.com/training today!

         Free training.  The CCA’s Criminal Justice Integrity Unit, under the direction of Judge Barbara Hervey, will offer a free CLE seminar on mental health issues in the criminal justice system.  The seminar will be held March 22–23 at the Texas State Capitol Auditorium.  For additional details about this course (which is co-sponsored by TDCAA), download this PDF file: http://www.cca.courts.state.tx.us/tcjiu/pdf/Flyer2012.pdf.

         Quote of the month.  “I don’t want a lot from politics.  I just don’t want people dumber than me telling me what to do.  I guess that’s asking a lot, actually.” —Frank J. Fleming, NY Post humorist and arrogant blogger.

December 21, 2011

Now that there is finally some clarity on what HB 79's changes mean--namely, that an original term of court in effect at the turn of the new year in a district court that was not already subject to the "first Monday in January" rule* will continue until Sunday, July 1, 2012--we've received several inquiries best summed up as:  "Okay, but what does that mean for ME?"  We will continue to answer individual questions as we receive them, but we thought we'd put together these frequently asked questions (FAQs) to address the most common questions we've been receiving here at TDCAA (and at OCA, who helped compile this information).  [*Note that this clarification was added on 12/22/11; district courts that previously were on the same term of court schedule now imposed upon all courts are not affected by HB 79's changes.]

Q:  Do we really have to use the current grand jury impaneled in October 2011 all the way through June 2012?  I’m afraid the grand jurors may revolt if kept that long!  Can we just go ahead and impanel a new grand jury in January instead?

A:  That question appears to be up to the discretion of the impaneling judge.  The state constitution and state statutes are silent on whether a district court can impanel more than one grand jury per term of court, but the Court of Criminal Appeals has, on at least two occasions, found no prohibition to doing so.  State v. Broaddus, 3 S.W.3d 919 (Tex.Crim.App. 1999)(indictment by grand jury convened by special prosecutor not voided by existence of regularly-impaneled grand jury); Farrar v. State, 277 S.W.2d 114 (1955)(indictment by regularly-impaneled grand jury not voided by existence of hold-over grand jury from previous term).  Therefore, if your district judge wants to discharge the current grand jury and impanel a new one in the same term, that appears to be permissible.  The judge could also allow the current grand jury to adjourn (see next question) and then discharge both grand juries at the end of the term.  “The decision whether two grand juries are needed to carry the burden of work is for the judge …” (Broaddus, at 922).

Q:  If we don’t want to impanel a new grand jury in January, can we just give this one a break and then call them back into service later in this extended term of court?

A:  Yes.  You can do this one of two ways; either (1) with the consent of the impaneling court, the grand jury can adjourn for a specific period of time until a date certain in the future (CCP Art. 20.08), or (2) the impaneling court can discharge the grand jury and then re-assemble it again at a date of the court’s choosing (CCP Art. 19.41).

Q:  We have multiple impaneling courts in our county.  Can we wait until mid-term to impanel some of our grand juries in order to stagger our grand juries between those district courts that are all now on the same term?

A:  That appears to be fine.  A grand jury “may be convened on the first or any subsequent day of the term” (CCP Art. 19.13).  While a grand jury cannot extend beyond its regular term (except for hold-over grand juries as provided by CCP Art. 19.07), there is no minimum period of time in statute for which a grand jury must be impaneled, so a judge can discharge a panel at any time.  Therefore, if you want to impanel a grand jury in one district court from January through March, discharge it, and then impanel a new grand jury under a different district court in April and run it through the end of the term, that should be permissible. (Note that this is just one example of how that might work.)

Q:  We have a grand jury whose original term would have ended in late October 2011 but it was held over for 90 days pursuant to Art. 19.07. Does that grand jury extension to late January 2012 remain in effect past the first of the year, or is it terminated then, or does it continue until the end of June?

A:  The term of that hold-over grand jury expires at the end of the original 90-day extension. HB 79 should have no effect on grand juries that have had their original term extended under CCP Art. 19.07. The change in law only extends grand juries whose original term was to expire after 1/1/12 under the old law.

We hope these FAQs help to answer some of your local issues.  Should you have more specific questions about the particular situation in your jurisdiction, feel free to call or email us at TDCAA.  Again, we’re sorry for the initial confusion about this topic, but look on the bright side—we’ve all learned more about grand jury impaneling than we probably ever wanted to know in the first place!

December 16, 2011

The primaries are less than three months away—for now. We don't know about you, but nothing puts us in the holiday mood more than some good old-fashioned political mud-slinging. Cheers!

Are we done yet?  Apparently not—at least in regard to the campaign filing period. The original deadline for filing for a spot in a 2012 election was December 12. That was extended by the courts to December 15 (a.k.a., "yesterday") due to the redistricting mess. But now, once again, a court hearing one of the redistricting disputes has granted another extension, making Monday, December 19 (at 6:00 p.m.) the final deadline to file for all elected offices, including yours. Now, despite this new deadline, the filing period may be re-opened (or should that be "re-re-opened?") for legislative and congressional races once the final maps are settled upon, then close for good around February 1 (or so the rumor goes), but who knows how that will work.

Due to this uncertainty, the court has ruled that any candidate who has filed to run for a particular office may change or amend his or her ballot application in any way the candidate deems appropriate, including changing the office being sought or withdrawing his or her ballot application and seeking a refund of the filing fee. (Again, how that will work in practice is unknown.) And for now, the two political parties and the court are undecided about whether there should be one primary or two and about the date(s) of the primary/primaries—although as we write this today, the two parties are rumored to have agreed to jointly recommend to the court a single primary date of April 3. This stuff changes by the hour, so while we follow these machinations as interested observers, we aren't glued to the proceedings like our job depends upon it. Therefore, those of you who are directly affected by these changes are best served by consulting your local political parties for all the details.

Senate interim charges. The Lt. Governor is announcing his interim studies to his committees in piecemeal fashion, issue by issue. Earlier this month, he assigned the following border security-related issues to these committees:

Criminal Justice
• Money laundering [including a reference to "administrative and criminal actions," which may re-open discussions from 2009 about the "racketeering" bill]

Transportation & Homeland Security
• The impact of border violence and illegal trafficking on the Texas economy
• The role of Texas state military forces along the border

Joint Interim Committee to Study Human Trafficking
• Services available/needed for human trafficking victims
• Appropriate criminal penalties for young human trafficking victims of prostitution

No word yet on when any of these committees will start meeting on these issues. For more information, you can view the original press release here. 

Important new grant conditions from CJD.  Remember back in 2009, when the Legislature amended CCP Arts. 60.10 and 60.21 to require counties to report at least 90 percent of CJIS-related dispositions to DPS? At that time, we told you that the only "remedy" for those who failed to get their ducks in a row was being forced to sit through a meeting of local officials to decide who was to blame. Well, now the Governor's Criminal Justice Division (CJD)—which provides Justice Assistance Grants to local governmental and non-governmental agencies—has decided to impose a new remedy. According to a recent e-mail memorandum from that division, as of September 1, 2012, any county that does not have a 90-percent or better disposition completeness rate for 2006–2010 will be ineligible for CJD grants, as will any political subdivision within that non-compliant county—including prosecutors' offices. Furthermore, effective September 1, 2013, any public or private entity (including child advocacy centers, Crime Stoppers, etc.) in a county that does not report at 90 percent or above will also be ineligible to receive grants from CJD.

The genesis of this new mandate is a recent CJIS audit performed by the State Auditor's Office. To see how your county has fared to date, view the latest reporting compliance data. TDCAA has been in contact with TAC and other groups who intend to bring their concerns about this new policy to CJD's attention after the holidays, and we will keep you posted as we learn new information.

Terms of court. We have received numerous questions of late regarding a statewide change to district court terms that will take effect on January 1, 2012. Pursuant to HB 79, which passed during the First Special Session, every district court will now have two (and only two) terms of court. The first term of court begins on the first Monday in January, while the second term of court begins on the first Monday in July. That schedule differs from the existing terms of some courts, so this new law raises a question about grand juries impaneled by those courts that are in the middle of a current term on January 1, 2012, and whether they retain the power to act until the end of the originally-scheduled term. We have been answering that question in the negative, as has the Office of Court Administration. (For OCA's complete answer, see Director Carl Reynolds' CourTex blog entry on this subject, with which we concur.) Accordingly, those shortened grand juries should wrap up their business by the end of the year, and new grand juries must be impaneled sometime after January 2, 2012. If you have further questions about this change, feel free to contact TDCAA for more information.

Open records changes afoot.  If you haven't already heard, the Office of the Attorney General (OAG) is creating an electronic filing system designed to streamline and modernize governmental bodies' submission of ruling requests to the Open Records Division. The new system, which will be available for use in February 2012, will allow governmental bodies to submit their requests electronically through the system. Interested third parties that wish to submit briefing materials supporting or opposing governmental bodies' ruling requests will also be able to submit their documentation electronically. As a result, as of January 3, 2012, the Open Records Division will no longer accept faxed or emailed submissions from governmental bodies or interested third parties; governmental bodies who choose not to use the new electronic filing system must instead submit their documents to the OAG through First-Class U.S. Mail, common or contract carrier, interagency mail, or hand delivery during normal business hours. If you have questions about requesting an attorney general open records decision and/or submitting materials for OAG review, you can contact the OAG's toll-free Open Government Hotline at (877) OPEN-TEX. More information about the electronic filing system may be found here.

E-books are now available!  TDCAA is now offering electronic versions of the Texas Penal Code and Code of Criminal Procedure for sale on Amazon, Barnes and Noble, and Apple's iTunes. Each book contains the code with strikethrough/underline format, plus all the annotations from TDCAA's Criminal Laws of Texas. The Penal Code is available for $9.99, and the Code of Criminal Procedure is $25. TDCAA is testing the sales and usefulness of these e-books, and after one sales cycle, we will evaluate whether to offer any additional publications as e-books. For now, only the PC and CCP are available, and they may be bought individually through only the three vendors listed above. Search for "Diane Beckham" on any of the vendor sites to find the TDCAA e-books.

@TDCAA.  Having once before tried and failed to capture the magic of social media, TDCAA is again stepping off into the great unknown with a new and improved Twitter feed. This one has been open to the public for the past few weeks, and responses have been positive. Follow us @TDCAA if you have a Twitter account, but even if you don't have a Twitter account of your own, you can still click on the link in the upper right-hand corner of this page and keep abreast of the latest news affecting Texas prosecutors.

Quotes of the month.  Some political cheer to end the year ...

"I don't know where I'm going to run. I don't know where to file, what district I live in, or what district goes where."
—Congressman Blake Farenthold (R-Corpus Christi), commenting upon the redistricting mess in Texas.

"That's one of the things that I like about him, because he's been consistent since he changed his mind."
—Christine O'Donnell, former senate candidate from Delaware (and definitely not a witch), telling CNN why she endorsed Mitt Romney.

"I'm not going to kiss his ring and I'm not going to kiss any other part of his anatomy. This is exactly what is wrong with politics. It's show business over substance."
—Jon Huntsman, telling Fox News why he wouldn't appear at Donald Trump's proposed debate between GOP presidential candidates.

"It's too late for Perry. ... Even those who want to like Perry based on his positions or his Texas record can't do it because he's been such an incompetent candidate."
—Fergus Cullen, former New Hampshire Republican Party Chairman, as told to the Houston Chronicle.

"All he had to do was make a respectable showing and he would have been anointed. All he had to do was walk and talk and chew gum and he would have won it. This race was Perry's to lose."
—John Podhoretz, conservative columnist, on Rick Perry's campaign missteps.

"This guy's rich."
—Andrew Wheat of Texans for Public Justice, referring to Lt. Governor David Dewhurst, whose recent financial disclosures during his race for U.S. Senate revealed a net worth in the neighborhood of $225 million.

"To save electricity costs, this year the maintenance staff plans to illuminate the [White House Christmas] tree with dimmer bulbs. They are screwing members of Congress into the light sockets."
—Argus Hamilton, political comedian

That's all for this month year. It's been a wild one! We hope you have found these updates to be informative, useful, and (sometimes) entertaining.  We wish you all a safe and happy holiday season.  See you in 2012!

 October 28, 2011

We’re baaaaaack!  While our biennial legislature only meets for about six months every other year (thank goodness), occasionally there are important developments in Austin that might interest you.  Accordingly, we will be sending all member offices a monthly legislative update during the interim leading up to the next regular session in January 2013.

House interim charges.  The Speaker of the House has assigned his committees their list of busy work interim charges for the next year.  Some of the highlights include (as identified by the numbered charge given to the committee):

House Appropriations
 3.  Examine the investment and management of funds held outside the treasury, including whether the funds are being utilized for their statutory or constitutional purposes, and whether opportunities exist to utilize these funds in the state budget to reduce the demand on General Revenue. [Note:  could include local discretionary funds like asset forfeiture.]
 4.  Examine the growth of constitutionally and statutorily dedicated accounts and their utilization in the budget. Recommend methods to reduce the reliance on dedicated accounts for budget certification purposes, and examine ways to maximize the use of such accounts. [Note:   could affect TDCAA training grant, assistant prosecutor longevity pay, etc.]
 12.  Review the status of the sexually oriented business fee and collections to date, as well as funding demands for programs for which the fee is intended.  [Note:  This is the “pole tax.”]

House Corrections
 2.  Study ways to reduce the number of youth referred to the juvenile justice system.  Consider the availability of mental health services, diversion and early intervention programs, and other prevention methods.
 3.  Study and make recommendations about issues related to the certification of juveniles as adults.

House County Affairs
 2.  Study opportunities for cost savings through the abolishment of certain elected offices or the consolidation of county services.
 3.  Conduct a general study of issues facing county jails.  The study should include innovative ways to address overcrowding, the impact homelessness has on the county jail population, and recommendations for handling inmates undergoing detoxification and withdrawal from drugs and alcohol.

House Criminal Jurisprudence
 1.  Study and make recommendations for criminal penalties for the failure of a parent or guardian to report a missing child or the death of a child. [Note:  aka “Caylee’s Law,” which you heard about this summer if you came to one of our legislative update seminars.]
 2.  Review and make recommendations for improving the level of funding for the Crime Victims Compensation Fund. (Joint with the Committee on Appropriations)
 3.  Study and make recommendations regarding the current procedures used in the testing of DNA evidence in Texas.  Include a review of the feasibility of certifying additional DNA testing centers.
 4.  Review the current sentencing practices for defendants with mental illnesses and make recommendations.  Study practices in other states.  Compare recent incarceration trends between those who have mental illnesses and those who do not.

House General Investigating/Ethics
 1.  Review the Texas Ethics Commission’s sworn complaint process and civil and criminal penalty provisions.  Determine whether changes should be made aligned with the mission and purpose of the commission.
 2.  Study and determine whether all appointees to state entities should be required to sign additional governance documents prior to serving in an official state capacity. [Note:  may include recent controversy over medical examiners.]

House Homeland Security & Public Safety
 1.  Examine the extent of interstate coordination concerning border security and intelligence sharing and determine whether any changes to state law are needed to enhance that coordination and cooperation. (Joint with the Committee on Border & Intergovernmental Affairs)
 4.  Examine the role of law enforcement personnel assigned to school district campuses and postsecondary education campuses and determine whether any changes to laws concerning the enforcement of safety and discipline are necessary.  Determine whether additional training of law enforcement personnel assigned to school district and secondary education campuses is necessary.

House Judiciary & Civil Jurisprudence
 1.  Study the potential effects on victims of family and domestic violence in the judicial process if courts are allowed to issue agreed protective orders without a finding of violence.
 3.  Study the rules of statutory construction and establish a method of determining legislative intent.

House Public Education
 4.  Review and make recommendations on the effectiveness of Disciplinary Alternative Education Programs (DAEPs) and Juvenile Justice Alternative Education Programs (JJAEPs) in reducing students’ involvement in further disciplinary infractions.  Determine the appropriate role of disciplinary alternative placements in promoting education achievement and how technology could be used to supplement education services.  Consider appropriate placements in DAEPs or JJAEPs and consistent funding models for those programs.  Consider options for counties without a JJAEP or inefficiently few placements in a JJAEP.  Identify positive behavioral models that promote a learning environment for teachers to appropriately instruct while addressing any behavioral issues and enforcing student discipline.

For a complete list of interim charges for the House, see the attached PDF file below.  Meanwhile, Senate committees have yet to receive their interim marching orders from the Lt. Governor (other than some preliminary requests to look into issues relating to this infernal drought, including how to improve responses to future wildfires).  We will let you know when those are issued.

Sunset review.  In addition to interim studies, the other thing that keeps state policymakers busy between sessions is the Sunset review process, in which the Sunset Advisory Committee checks under the hood of every state agency every 12 years (at the latest) to determine whether that agency is still needed and, if so, how it can be improved.  This interim, the following agencies are being reviewed:  the Texas Dept. of Criminal Justice (TDCJ), the Board of Pardons and Parole (BPP), the State Commission on Judicial Conduct (SCJC), and the Texas Ethics Commission (TEC).  For more details about the Sunset process, visit http://www.sunset.state.tx.us.

Eyewitness identification changes.  As you should know by now, the Legislature has tasked the Bill Blackwood Law Enforcement Management Institute of Texas (LEMIT) with the job of developing a model state policy for eyewitness identification procedures involving line-ups.  LEMIT is working toward that goal, and we were originally led to believe that a preliminary draft would be available for public comment by now; however, that has not happened.  Because we are unable to direct you to that draft policy at this time, please keep checking TDCAA’s website and/or LEMIT’s website (http://www.lemitonline.org/) for details about that proposal when it becomes available.  It is important for prosecutors to take an active role in this rulemaking process to ensure that your ideas and insights are considered.

Asset forfeiture reports are due.  Those of you who qualify under CCP Chapter 59 as an “attorney representing the state” for asset forfeiture purposes should remember that certified copies of your forfeiture fund’s audit are to be delivered to the attorney general’s office by October 31, 2011 (see CCP Art. 59.06(g)(1)).  Last year around this time, some of you disagreed with the AG’s decision to require your county judge’s signature on those audit forms.  If that is an issue for you, note that the AG appears willing to accept a filing without that official’s signature—but be sure to first contact Kent Richardson at the AG’s office to verify that from the horse’s mouth, so to speak.

An e-MERS-ging trend?  The housing bubble that burst on Wall Street emitted toxic monetary plumes that dropped acid rain on various parts of the national economy.  (How’s that for a metaphoric assault on the English language?!?)  One of those mushroom clouds involved mortgage-backed securities (MBSs), sub-prime mortgages, and lots of other financial terms that may make the eyes of many of you glaze over, but stay with us for a second, because this is important.  You see, one of the tools that enabled financiers to seemingly create revenue streams out of thin air involved the creation and use of a secondary mortgage recording system called the Mortgage Electronic Recording System, or “MERS,” which is owned by various mortgage banks, title companies, and the like who formed MERSCORP for that purpose.  By creatively using MERS, mortgages could be bought and sold as commodities among MERS members without the “inconvenience” (and cost) of recording each transfer with the local clerk, under the theory that MERS maintained an interest in the mortgage throughout, so there was no transaction triggering the need to record anything.  However, some Texas counties are now claiming that MERS had a duty to file notice of each of those transactions in the applicable county and pay the requisite fees attached to those filings, which may have involved millions of property transactions in Texas alone.  Claims for the recovery of this alleged lost revenue are now the basis of civil actions being filed or contemplated in Dallas, Harris, Bexar, Hidalgo, and Travis Counties, to name a few.  In addition, the Attorney General’s Office is investigating some MERS-related foreclosure issues from a consumer protection standpoint.  If you are a county attorney or criminal district attorney, all of this adds up to something that may soon come across your desk (if it hasn’t already).  If you would like to learn more about this situation as it develops, Harris County Vince Ryan has graciously tasked John Odam in his office with fielding those questions.  Call or email Shannon at TDCAA for John's contact information.

Upcoming training opportunities.  While we have your attention … online registration for this year’s Elected Prosecutor Conference is now open!  The conference will run from November 30th through December 2nd at the Sheraton Hotel in downtown Dallas.  The course includes various timely, relevant, and accessible topics, including employment law, defending §1983 cases, management courses, victim issues, and more.  Please visit http://www.tdcaa.com/training for more information and to register.  We hope to see you in Dallas!

In addition to TDCAA-sponsored training, note that TxDOT, in coordination with TMPA, is offering free SFST Refresher Training Programs to improve the administration of the SFST test battery by individual police officers.  Law enforcement officers across the state have the opportunity to receive 8 hours of free training to increase expertise in DWI deterrence and decrease alcohol-related crashes, deaths, and injuries through this curriculum (which requires a minimum of 15 officers per class).  If you would like to host an SFST refresher training for officers in your local jurisdiction, contact:

Ray Dittrich
SFST Program Manager
Texas Municipal Police Association
SFST@tmpa.org  
 
 
Quotes of the month.  It wouldn’t be a TDCAA Update without some parting humor, now would it?

“If the numbers stay like they are, all Rick Perry is going to do is make some noise and sell some books.”
 —Fox News host Shepard Smith, referring to the governor’s lagging national poll numbers.

“The other Republicans have sucked so bad we didn’t have any choice.”
 —An unnamed political ally of President Obama, explaining the decision to start attacking Mitt Romney, whom the campaign reportedly believes will win the Republican nomination.

“We’ve created the obligation, but we haven’t written the check. So when we come back, that scary budget is going to be there.”
 —State Rep. Drew Darby (R-San Angelo), on the budget deficit facing Texas lawmakers returning to Austin in 2013.

“Tell me this isn’t the craziest World Series you’ve ever seen."
 —C.J. Wilson, pitcher for the Texas Rangers, after last night’s extra-inning loss to the St. Louis Cardinals in Game 6.

“My feeling is this:  If a man wants to divorce me and says our relationship has no value to him, and then he asks me if he can sleep with me, the answer is ‘No!’”
 —Kim Mulkey, coach of Baylor’s women’s basketball team, on why she does not plan to schedule future games against Texas A&M after the Aggies leave the Big XII conference next year.

Governor Perry has officially vetoed 23 bills during the most recent regular session.  Very few criminal justice- or county government-related bills were vetoed.  The bills that could have impacted prosecutors but now will not include:

HB 242 by Craddick/Hegar “relating to the enforcement of public safety, including the privileges and duties of certain types of law enforcement officers.”

     This bill was filed to extend certain weapon-carrying privileges to retired officers, but it was amended late in the session with a statewide ban on texting while driving.  The governor’s veto proclamation focused on the texting ban, which he characterized as “a government effort to micromanage the behavior of adults.”  (If that’s his standard for vetoing bills, there should’ve been a heck of a lot more vetoes than a mere 23!)

HB 1616 by Geren/Estes “relating to the reporting of political contributions, political expenditures, and personal financial information, and to complaints filed with the Texas Ethics Commission.”

     This already controversial bill was changed late in the process by Sen. Mike Jackson (R-La Porte) with an amendment that “would inadvertently cripple the Texas Ethics Commission's authority to enforce compliance with state campaign finance laws,” according to the veto proclamation.  Realizing he had goofed, Sen. Jackson made a request to the governor to veto the bill (and save him from his own mistake), and the governor obliged.

HB 1768 by Munoz/Hinojosa “relating to the regulation of roadside vendors and solicitors in certain counties.”

     This bill would allow the commissioners court of a county with a population of 450,000 or more to regulate vendors in unincorporated areas of a county who are in the right-of-way of a public road or highway or in a parking lot.  This was too much for the governor, who feared the bill “would encroach upon the rights of private enterprise and property owners while fundamentally altering and expanding the role of county government” by potentially preventing “a Girl Scout troop with cartons of cookies from reaching their consumers.”  Apparently the lesson to be learned here is not to get between the governor and his Thin Mints.  (Note, however, that the existing law applying this ban to counties with a population of more than 1.3 million still exists; see Transportation Code §285.001.)

HB 2889 by Madden/Hinojosa “relating to the expunction of records and files relating to a person’s arrest.”

     At least six different elected prosecutors sought a veto of this bill, which we discussed at length in our previous updates.  Mission accomplished.

SB 167 by West/Veasey “relating to the automatic expunction of arrest records and files after an individual receives a pardon or a grant of certain other relief with respect to the offense for which the individual was arrested.”

     This bill was vetoed because the gist of it was also included in HB 351, which was signed into law in a slightly different form.  HB 351 and its companion, SB 462, make some big changes in expunction law starting this September, so read up on them.

SB 1035 by Williams/Harless “relating to motor vehicle title services; providing penalties.”

     This bill would’ve expanded county permitting of motor vehicle title service companies, created a state licensing requirement, and established new criminal and civil penalties relating to consumer fraud in this area.

Due to this weekend's holiday—which we do NOT get to enjoy, thanks to these @#$%&!s who won't leave Austin until Monday afternoon—we are issuing this update one day early. (If you find yourself not having good Memorial Day holiday, just stop and think how little fun you'd have sitting in Austin watching the Legislature screw things up, and you should feel much better in no time.) Note that after the session ends on Monday, your TDCAA legislative crew will take off a few well-earned vacation days, but we'll follow up late next week with an initial summary of bills that may merit your attention for possible vetoes.

Picking up after the storm

The session doesn't end until Monday, but everything important to us (aside from the budget) is done now except for the yelling and finger-pointing. Following the imposition of last night's deadlines, the only bills still alive are those that have been passed by both chambers in different forms, requiring one chamber to agree to the other's changes or form a conference committee to hash out the differences. That all happens behind closed doors, so most of our next four days will be spent watching them on TV, hoping no one tries to slip yet another fast one by us. Once the dust has settled completely, we'll see what bad stuff they tried to do to you and start a list of bills for you to review for potential vetoes, which must be issued by the governor no later than Sunday, June 19. We'll also try to summarize what happened to some of the bills we've been following all session. If you are wondering what happened to a bill you've been following, feel free to email Shannon to have it included in the list.

Special session?

We've predicted all year long that there would be a special session over something, even if we never predicted what that something would be. It is still conceivable that legislators could pull a rabbit out of their hat on the budget, but the odds of that are unknown right now. Special sessions are called at the whim of the governor, and the topics discussed during those special sessions are determined solely by the governor, so we won't hazard a guess at any of that right now. Just know that if there is a special session, we will provide you with the same weekly updates you get now, and that our publication and training schedules will continue as planned despite the Legislature's inability to get its work done on time.

DA apportionment funding cuts for FY 2011

Every session, the Legislature considers an appropriation clean-up bill—also known as the "supplemental budget"—that adjusts the finances for the state in the last few months of the current fiscal year. No one usually notices that bill—until now. In order to help the FY 2011 budget limp to August 31st without a deficit, the Senate just approved HB 4, this year's supplemental budget, which includes a 2.5 percent across-the-board cut in most state expenditures for the remainder of this fiscal year. This does not include any of your salaries, supplements, or longevity pay, but it does include DA apportionment funding. The Senate's version of the bill hasn't been approved by the House or sent to the Governor yet, but state agencies like the Comptroller's Office are under instructions to implement the cuts now in anticipation of final passage. If for some reason the bill doesn't become law and the money is available, the Comptroller will be able to "catch up" in July and/or August, but that is unlikely. We had not previously reported on this matter because it was in such a state of flux this session that we never knew what was eventually going to happen, but now we feel confident enough to provide you with information you can rely upon to some degree. And by the way, the folks in the Judiciary Section of the Comptroller's Office are truly sorry about this; they generally take good care of you and hate this almost as much as you do!

The new math

This session's infusion of Tea Party sentiment in the legislative process has affected the standard law and order calculus that we use to gauge the potential fate of various bills. That "Tea Party sentiment" can be boiled down to this: "The government is the enemy. You work for the government. Do the math." Think we're kidding? Earlier this session, unsuspecting prosecutors who came to testify on a bill that would impair your budgets had to fend off a chairman who equated prosecutors with the Mafia, prompting one DA to profess surprise that he had apparently traded his white hat for a black one when he entered the Capitol. But that was just one early incident; let us share with you a more recent example.

Earlier this week, SB 1717 by Duncan/Lewis, an omnibus judicial reform bill, became what we call a "Christmas tree," so named because of all the amendments that other members tried to "hang" on it. Many of those amendments were formerly dead bills, including HB 1507 by Christian, a prosecutor-supported bill that would authorize non-lawyer JPs to issue evidentiary search warrants in smaller counties. Once offered, the amendment immediately started taking fire from several House members—urban and rural, Democrat and Republican—who expressed concerns about expansive searches, especially relating to blood draws in DWI cases. Now, there has always been some generalized resistance at the capitol to the existence of non-lawyer magistrates, but this time, the anti-government Tea Party effect crystallized that opposition into a solid voting bloc that defeated the amendment by a stunning vote of 17-121. As a result, the author of the amendment joined the ignominious "100 Club" for putting forth a matter that drew over 100 "nay" votes. We bring this to your attention because it is only one of several indications that things are changing at the state capitol. Just be glad that we passed some blood draw legislation last session, because if we hadn't, that bill would be D.O.A. this session. And that, friends, is the new legislative math for the foreseeable future.

OK, time for the relentless march of bill numbers for the rest of this update ...

Signed into law

Unlike the federal system, Texas' weak-governor system doesn't require the chief executive to sign a law before it goes into effect. Instead, a bill passed by the Legislature becomes law without the governor's signature unless that officer vetoes that bill. However, that doesn't stop a governor from signing into laws most bills—after all, how can a governor take credit for something if he doesn't at least rubber-stamp it? Accordingly, the following bills have been passed and signed into law and will become effective on September 1, 2011, unless otherwise noted: HB 905 (child hearsay statements admissible in protective order proceedings), HB 1806 (fishing tournament fraud; effective May 21, 2011), SB 24 (human trafficking), SB 653 (creating Texas Juvenile Justice Department), SB 877 (discharging sureties' liability; effective May 19, 2011), SB 934 (theft of or from automatic teller machine [ATM]), SB 1269 (honorariums), SB 1490 (international child custody), and SB 1680 (evidence in Medicaid/Medicare fraud cases).

Sent to the governor

The volume of bills being passed in this final, 20th week of the session will probably meet or exceed that of the 19 preceding weeks. As a result, we can barely begin to report on what legislators did. However, we can pass along news on a few topics we know some of you have been following, including these bills sent to the governor: HB 260 (unlawful transport), HB 1573 (amended with post-conviction DNA expansion), HB 1610 (amended with expansion of educator/student sex prohibitions), HB 2649 (credits for inmates in state jail facilities), HB 2735 (parole violator summons), HB 2889 (expanded right to expunction if prosecutor does not object), HB 3384 (revised state jail felony enhancements), SB 116 (third-party protective orders), SB 578 (facilitating child testimony in court), SB 1308 (counsel qualifications for death penalty appointments), and SB 1787 (adding blood draw info to DIC-24s).

Pending concurrence or conference committee

The following bills have passed both chambers, but the second chamber made changes that must either be accepted by the originating chamber or settled by means of a conference committee: HB 3 (life without parole for certain repeat sex offenders), HB 274 ("loser pays" civil bill), HB 1043 (cockfighting), HB 1658 (refunding cash bonds), HB 1754 (indigent defense commission), HB 2015 (juvenile prostitution = CINS), HB 2357 (amended with DPS border checkpoints), HB 3396 (breach of computer security), HB 3691 (amended with revocation reduction plans), SB 377 (capital murder of certain children older than 6 years of age), SB 407 (sexting), SB 462 (expunction changes), SB 789 (extended duration protective orders), SB 958 (regulation of dangerous wild animals), SB 1010 (notifying certain victims of plea bargains), SB 1233 (efficiency of certain county functions), SB 1616 (preservation of biological evidence), SB 1636 (testing of rape kits), SB 1649 (border prosecution grants), and SB 1717 (judicial branch changes). Getting a change made in a conference committee is very difficult—but not impossible. If you are concerned about any last-minute changes that need to be fixed, contact Shannon or Rob at 512/474-2436 for details on what, if anything, can be done before the bill is finally passed.

Note to DAs on asset forfeiture reform

One bill still pending in conference committee is SB 316 by Whitmire/Gallego. A conference committee report was issued in which all the House floor amendments—including the one giving the AG rule-making authority over your expenditures—were stripped out (except for one harmless change regarding the state auditor). Included in those "dead amendments" was language related to drug-related seizures by DPS troopers that was designed to encourage DPS to keep those cases in the state system. DPS has been working overtime to get that back in, and earlier today, the House rejected the conference committee and returned it to the Senate with a request that the DPS amendments be restored. This also opens up the bill to other amendments directed at one particular judicial district. However, what's most important to note is how vital it was that we got the AG's rule-making amendment repealed before the House sent the bill back to the Senate. If not for your quick action, that language would also now be in play again. So, once again, pat yourself on the back for a job well done—having to ride herd on that bad idea all weekend would've really spoiled our holiday!

Legislative training

Our popular Legislative Update seminars are starting to fill up. The initial offering in Austin already has 50 registrants, and it's still two months away! Don't be left out of the fun—sign up yourself, your office, and your local peace officers at http://www.tdcaa.com/seminars/signup.asp. Space is limited at some locations, so don't delay! 

Last Friday, we promised you drama.  Little did we know that we’d only have to wait 18 hours to see it.  For parliamentary rules geeks, last Saturday’s “Mother’s Day Meltdown” in the House was as good as it gets.  For the other 99.5 percent of you, rumors of near-fisticuffs on the House floor last weekend should keep your attention on the Capitol as the Legislature careens towards the finish line.  If not, we bet our recent unpleasantness involving surprise House floor amendments will keep you glued to future updates!

Black Wednesday

For a session that’s been relatively quiet for us, Wednesday was a real kick in the pants.  Within a span of about four hours on the House floor, several bills supported by prosecutors received unfavorable floor amendments, and several bills previously killed by prosecutors resurrected themselves as amendments to other bills.  Some were low-grade problems that are still being worked on, but the major development was what happened to SB 316 by Whitmire/Gallego, the asset forfeiture reform bill.

We won't rehash all the details here, but suffice it to say, the bill was eventually fixed.  Many of you played key roles in achieving this success.  That was no easy feat due to the timing of events, but we pulled it off thanks to everyone’s hard work.  Now the bill is likely headed to a conference committee to resolve one local issue.

A note to our county attorney friends

Those of you who don’t do felony work may have been wondering why we’ve been so focused on DA-related issues.  We can assure you, that is not by choice.  It just seems that your felony friends have been in the cross-hairs much more than you this session.  That may make for boring updates for you, but if you feel slighted, call up your local DA and ask how he or she has enjoyed the rollercoaster ride the past few weeks.  That should put some perspective on things—remember, boring sessions are never bad!

The Big Picture

While we were running around tending to our issues, the House and Senate were busy driving school finance reform into the ditch and taking the overall state budget with it.  This has resulted in several rounds of the “What if?” game around the Capitol.  There’s no telling how that will all sort itself out, but it sure doesn’t make a special session any less likely.  Elsewhere, redistricting is causing some legislative chafing in the Senate, and the House is licking its self-inflicted wounds from a contentious debate over the anti-sanctuary city bill (HB 12 by Solomons, R-Carrollton), which now heads to the Senate for more debate.

Thursday’s thresher

When the clock on the House floor struck midnight last night, hundreds of bills met their untimely deaths.  Among the bills we were watching that failed to pass before the deadline were HB 1477 by Allen (parole revocation credit for street time), HB 1696 by Zedler (election investigation referrals to the AG), HB 2352 by Allen (expanding mandatory early release), HB 219 by Gallego (mandated recording of certain confessions), HB 220 by Gallego (creating a new “scientific” writ), and HB 2448 by Harper-Brown (Office of Inspector General referrals to the AG).  If you have questions about another bill that you were following, check it online or contact Shannon.  The next major deadline is in 11 days—Senate bills must be heard on second reading in the House by midnight on Tuesday, May 24, and all bills must receive final approval by a second chamber no later than midnight on Wednesday, May 25.  After that, only bills that have passed both chambers in different forms (like SB 316, the forfeiture bill discussed above) can be debated and passed to the governor’s desk.

Sent to the governor

The following bills were sent to the governor this past week:  HB 1806 by Flynn/Hegar (fishing tournament fraud), HB 3000 by Thompson/Van de Putte (continuous human trafficking), SB 198 by West/T. Smith (exempting certain young sex offenders from registration), SB 250 by Zaffirini/Anchia (stalking protective orders), SB 279 by W. Davis/ Laubenberg (including pets in protective orders), SB 1024 by Rodriguez/Rodriguez (theft of service), SB 1490 by Uresti/Hunter (international child custody/abduction), SB 1608 by Carona/ Rodriguez (enhancing No DL penalties involving certain injuries), and SB 1680 by Ellis/Murphy (Medicaid/Medicare fraud evidence).

Passed second chamber with changes

HB 2014 by Thompson/Van de Putte (human trafficking consequences) and SB 316 by Whitmire/Gallego (asset forfeiture reforms).

Passed first chamber

The rush to beat the deadline in the House resulted in a large volume of bills passed on second reading, some of which still need to be finally approved by the House by today to go to the Senate.  We’re still catching up on everything that has passed, but this is a list of the bills that are halfway to becoming law, so read them carefully!  Here is a sampling:  HB 12 by Solomons (anti-sanctuary city bill), HB 96 by Fletcher (excusing a State’s witness from The Rule), HB 189 by T. Smith (deferred for DWI-1st), HB 274 by Creighton (“loser pays” civil bill), HB 278 by Alonzo (mandatory pre-trial hearings), HB 351 by Veasey (expanding expunctions), HB 595 by Raymond (false identification as a peace officer), HB 597 by Madden (fake weed), HB 748 by Menendez (incompetency to stand trial procedures), HB 783 by Y. Davis (impersonating a peace officer), HB 892 by C. Howard (transport of illegal alien), HB 940 by Dukes (expanding offense of improper educator/student relationship), HB 1043 by Christian (cockfighting), HB 1122 by Weber (human trafficking), HB 1205 by Turner (time credits for early release from probation), HB 1856 by Woolley (enhancement for retaliation), HB 1937 by Simpson (criminalizing certain TSA searches at airports), HB 1988 by Gallego (certain victims’ statements about plea bargains), HB 2329 by Zedler (pseudonyms and protective orders for trafficking victims), HB 2649 by Allen (diligent participation credit at state jail facilities), HB 2889 by Madden (expunctions upon prosecutors’ acquiescence), HB 2993 by Miles (continuous sex with an inmate), HB 3001 by Thompson (monitoring of high-risk sex offenders), HB 3473 by Gallego (prostitution defenses and enhancements), HB 3691 by Gallego (victim-offender mediation in property crimes (per amendment on floor)), and HB 3746 by Frullo (administrative subpoenas in internet child sex crimes).

Scheduled floor debates

Now that the House is done with its own bills, it will focus on Senate bills.  The House is still on the floor as this goes to press, so future calendars have not been finalized.  Among those currently calendared for debate next week are SB 544 by Seliger/Shelton (Medicaid fraud offenses), SB 688 by Nichols/Creighton (Medicaid fraud prosecutions), and SB 1106 by Harris/Madden (exchange of juvenile information between agencies).  The Senate calendar is also in flux because redistricting maps may consume a good portion of senators’ time next week, as could these bills:  HB 215 by Gallego/Ellis (eyewitness identification procedures), HB 1754 by Gallego/Ellis (indigent defense task force), HB 2482 by Pena/Williams (organized retail theft), and HB 2725 by Hartnett/Williams (incompetency procedures).

Committee hearings

Next week will be the last week for real committee hearings—and the last week we get any notice of what they are doing and when they are doing it.  Everything heard in committee at this point has already passed several hurdles, so from here on out, bills will be considered in committees with little or no notice, requiring us to be quick on our feet.  Among those bills that will be considered next week are:

Monday, May 16

Senate Transportation and Homeland Security (8:00 a.m., E1.012)
HB 243 by Craddick/Zaffirini creating an offense for reading text messages while driving
HB 343 by Fletcher/Huffman relating to accidents involving government vehicles
HB 1395 by Parker/Watson relating to the requirements to operate certain watercraft/boats
HB 1523 by Phillips/Watson relating to transporting household goods

Senate State Affairs (9:00 a.m., Senate Chamber)
HB 274 by Creighton/Huffman instituting “loser pays” for civil actions

House Criminal Jurisprudence (8:00 a.m., E1.012)
SB 121 by Ellis revising photograph and live lineup identification procedures
SB 152 by Huffman making admissible certain extraneous evidence in child sex cases
SB 844 by Dan Patrick expanding the offense of escape to a person lawfully detained
SB 905 by Dan Patrick applying certain CHL defenses to legislators and other officials
SB 1616 by West relating to biological evidence storage and destruction

House Elections (2:00 p.m., E2.028)
SJR 37 by Van de Putte revising the “resign to run” constitutional provision

Tuesday, May 17

Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016) 
[not posted yet]

Wednesday, May 18

House Corrections (8:00 a.m., E2.014)
SB 1209 by Whitmire relating to the detention of certain juvenile offenders
SB 1617 by Harris relating to the discretionary transfer from a juvenile court to a criminal  court of certain alleged offenses arising out of a single criminal transaction

TDCAA Summer Regionals

TDCAA’s popular Legislative Update regional seminars will be coming to a location near you this summer.  We will offer more than 20 three-hour legislative trainings this year during a two-month period, all of which qualify for credit as both CLE and TCLEOSE’s mandated Course 3182.  All attendees will also receive a copy of our Legislative Update book.  Several of our locations have limited seating that will be made available on a first-registered, first-served basis.  Flyers are probably in your mailboxes, and pre-registration is now open on our Training webpage (registration is online only).  TDCAA members who pre-register save 25 percent off the walk-up price, so don’t delay—sign up today!

As of today, there are 31 days remaining in the 82nd Regular Session—and so far, they really haven't accomplished anything yet. (Kind of like Prince William and Kate What's-Her-Name—but that didn't stop the world from stopping to gape at their wedding today, did it?) But don't be fooled by this lack of results; the Legislature is about to pass about 1,000 bills in a manner that gives a bad name to sausage-makers everywhere. The sheer volume of this "legislarrhea" makes it impossible for us to keep you updated on everything that is happening, especially when it comes to some bad stuff that might crop up. We'll do the best we can, but at this time, all we can do is ask you to please return to your seats because we are about to turn on the seatbelt sign in preparation for a bumpy landing!

The Big Picture

The Senate should have voted out its version of the state budget by now, but that hasn't happened thanks to sniping from the right and the left about what is or is not being spent in that proposed budget. Meanwhile, the House debated its own redistricting map and finally passed a version that will result in several of you having new state representatives next session. If you haven't already heard the details from your local news source of choice, go here and select Base Plan H283—that will show you all the messy details. The Senate has to approve the House plan before it goes to the Governor, but the two chambers usually don't mess in each other's business, so there shouldn't be many more changes to the House map (assuming the Governor doesn't veto it for some reason). Now the House will move forward to tackle Congressional redistricting and various agency sunset bills, while the Senate lags behind, having yet to debate its own new districts, let alone anyone else's. As the clock begins to tick faster and faster toward the end of session, these issues will take center stage, leaving little time or attention for your issues. We'll let you decide whether that is a good thing or a bad thing.

Is your retirement safe?

We think the answer to that question is still an unqualified "yes," but don't take anything for granted. This week, the House Pensions, Investments, and Financial Services Committee took testimony on two very scary bills: HB 2261 by Zedler (R-Arlington) and HB 2506 by Chisum (R-Pampa). Representative Zedler's bill allows all retirement systems to ignore overtime or supplemental pay when calculating benefits, while Rep. Chisum's bill ends the defined benefits plan of state employees in the ERS and TRS plans (including elected felony prosecutors) and replaces it with a "defined contributions" (read: 401(k)) plan. As laid out in committee, HB 2506 would apply to all members of ERS (including elected felony prosecutors) who are elected after September 1, 2011, or who have not yet vested by then.

Our latest information is that HB 2261 by Zedler will be watered down to a study (if it moves at all). As for HB 2506 ... well, we can tell you that Rep. Chisum scooted from the room after he laid it out to avoid the beating the bill took from enraged state employees. Although many government pension plans have gone south in the last few years, expert witnesses reported that ERS, TRS, and TDCRS were all in very good shape by comparison. Making any changes to the existing systems would require a huge amount of legal work, IRS pre-clearances, and an infusion of state cash to fund existing obligations that would lose the benefit of support from future contributions if employees started keeping their retirement money in 401(k) plans. In light of that, it is likely that HB 2506 won't move this session, but put this issue on your back-burner because it will come up again.

Passed second chamber

SB 653 by Whitmire/Madden (combining TYC & TJPC into a new agency) passed the House and now returns to the Senate for approval of those changes.

Passed first chamber

In addition to the bills that have been posted for committee hearings next week (see below for that list), the following bills are on the march to or through the second half of their legislative journey: HB 38 by Menendez (changing graffiti punishments), HB 243 by Craddick (no texting while driving), HB 927 by Harper-Brown (enhancement for repeated indecent exposures), HB 1072 by Solomons (exempting OAG attorneys from State Bar dues), HB 1106 by Johnson (providing information to defendants placed on deferred adjudication), HB 1529 by S. Miller (ID theft), HB 1666 by Castro (online harassment), HB 2118 by Coleman (bath salts), HB 2337 by Gallego (juvenile statements), HB 2482 by Pena (organized retail theft expansion), HB 2734 by Madden (parole of illegal criminal aliens), HB 3003 by Hughes (ID cards for county security), SB 9 by Williams (omnibus homeland security bill, including changes to organized criminal activity laws), SB 121 by Ellis (eyewitness identification procedures), SB 279 by Davis (including pets in protective orders), SB 331 by Shapiro (fake weed), SB 377 by Huffman (capital murder of a child under 10 yoa), SB 838 by Dan Patrick (Class A DWI if BAC > 0.15), SB 877 by Hinojosa (procedures for discharge of surety's liability), SB 878 by Whitmire (prohibition on partial cash bonds), SB 958 by Wentworth (dangerous wild animal exemption), SB 1010 by Huffman (notice of plea bargain to certain victims), SB 1066 by Estes (bath salts), SB 1331 by Watson (defenses for minors who report alcohol abuse), SB 1522 by Hinojosa (pleas by inmates), SB 1608 by Carona (enhanced penalty for No DL + No insurance + injury), and SB 1717 by Duncan (county court reorganization and other changes). If you are concerned about any of these bills, you are running out of time to stop them!

Bills awaiting consideration by House Calendars Committee

Speaking of stopping or moving certain bills, the following legislation is in the lawmaking equivalent of Purgatory, having passed from committee but not yet received approval for debate on the House floor: HB 12 by Solomons (sanctuary cities), HB 48 by Pena (southbound DPS checkpoints), HB 96 by Fletcher (excusing State's witness from The Rule), HB 189 by T. Smith (deferred adjudication for DWI-1st), HB 274 by Creighton ("loser pays" rule for civil lawsuits), HB 351 by Veasey (expunctions), HB 892 by C. Howard (unlawful transport of illegal alien), HB 940 by Dukes (expanding offense of improper relationship between educator and student), HB 1043 by Christian (cockfighting), HB 1121 by Weber (human trafficking), HB 1406 by Riddle (permitting EMTs to draw blood in certain DWI investigations), HB 1457 by Fletcher (expanding wiretaps, etc.), HB 1477 by Allen (street time credit), HB 1507 by Christian (authorizing search warrants by certain non-lawyer JPs), HB 1696 by Zedler (election fraud cases by AG), HB 1919 by Price (defense to cruelty to non-livestock animals), HB 2019 by McClendon (victim-offender mediation), HB 2374 by Gallego (taking juveniles into custody), HB 2822 by Coleman (voyeurism in public restroom = SJF), and HB 3386 by Madden (shock revocation, other changes). If you want to have input on what happens to these bills, you can start by contacting the members of the Calendars Committee, who do their work largely behind closed doors, ASAP.

Committee news

We are retiring this category because, quite simply, events are moving too fast for us to keep up with them. Sorry!

Scheduled floor debates

The House floor schedule for Monday and Tuesday is pretty light on bills of interest to you, and we don't know what they will tee up later in the week. The Senate list of bills eligible for debate next week should include HB 1 (the state budget bill), but that list can and will be supplemented with dozens (hundreds?) of bills not yet posted. Note also that the House will probably hold Saturday floor debates starting next week, while the Senate will try to maintain its "bankers' hours" for as long as possible.

Committee hearings

If you are following a bill that has still not been heard in a committee of its originating chamber, you can probably stick a fork in it. However, remember that the language from dead bills can always reappear as an amendment somewhere else! With that in mind, here are some of the bills that will be considered next week:

Monday, May 2

House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.010)
SB 283 by Harris relating to the appointment of associate judges in CPS cases
SB 789 by Harris relating to the duration of a protective order
SB 819 by Harris relating to family violence and protective orders
SB 1026 by Harris relating to the powers and duties of an attorney ad litem in SAPCR
SB 1271 by Duncan authorizing alternative dispute resolution in criminal cases
HB 2641 by Burnam relating to a civil action for deprivation of rights

Tuesday, May 3

House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120)
SB 198 by West exempting certain sex offenders from registering as a sex offender
SB 295 by Watson enhancing the penalty for assault against ER hospital personnel
SB 316 by Whitmire relating to criminal asset forfeiture accountability
SB 407 by Watson creating the offense of sexting
SB 623 by Whitmire disqualifying a DA or CA who is the subject of an investigation
SB 688 by Nichols relating to criminal Medicaid fraud and related offenses
SB 887 by Carona enhancing the penalty for theft of an automated teller machine
SB 1308 by Seliger relating to attorneys representing indigent defendants in capital cases
SB 1680 by Ellis relating to certain evidence in a prosecution of Medicaid/Medicare fraud
SB 1752 by Uresti relating to confidentiality of Class C misdemeanor juvenile records
SJR 9 by West proposing a constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication

Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)
SB 578 by Fraser facilitating the testimony of children in criminal cases
SB 1358 by Lucio relating to electronically transmitting a warrant for emergency detention
SB 1503 by Huffman relating to procedures regarding certain MHMR criminal defendants
SB 1526 by Hinojosa mandating reciprocal discovery in a criminal case
SB 1713 by Whitmire authorizing the use of CVC funds for a forensic exam in a FV case
SB 1787 by Dan Patrick amending the DIC-24 language used in DWI cases
HB 27 by Guillen relating to fines/costs by indigent defendants in misdemeanor cases
HB 200 by Parker relating to the notification of the release of certain sex offenders
HB 350 by Walle discharging juvenile fines/costs through community service or tutoring
HB 1344 by Burkett relating to a defense to the display of harmful material to a minor
HB 1573 by Gallego relating to certain pre-trial and post-trial procedures (clerk bill)
HB 1754 by Gallego reorganizing the Task Force on Indigent Defense
HB 1779 by Naishtat exempting mitigation experts from private security regulations
HB 2014 by Thompson relating to the trafficking of persons
HB 2725 by Hartnett relating to the restoration of competency in criminal cases
HB 3000 by Thompson creating the offense of continuous trafficking of persons

Senate Jurisprudence (1:30 p.m. or upon adjournment, 2E.20)
HB 734 by Diane Patrick relating to truancy courts in certain populous counties
SB 1643 by Uresti relating to mandatory dismissal deadlines and extended jurisdiction in SAPCRs to which the Department of Family and Protective Services is a party

Six weeks left. Six weeks of ugly, messy, cringe-inducing lawmaking. Now, in light of last week's eerily correct prediction of the eventual winner of the Master's Invitational, many of you may think we have a special insight into what will come out of this legislative session. Let us disabuse you of that notion, for two reasons: First, the Golf Channel has very little to say on what the Texas Legislature will pass, so last week's primary source of information is no help. And second, even the legislators themselves don't know what they will or won't pass this session—including the redistricting maps that are being rolled out this week. So, with that in mind, join us as we continue on our voyage into the unknown ...

News from D.C. on federal student loan repayment

When Congress averted a government shutdown last week, it didn't just mean that you could keep going to your national parks—it meant that funding for the fledgling John R. Justice Student Loan Repayment Program survived for 2011. Details have yet to be worked out with the Department of Justice, but it looks like the program will be cut anywhere between 17- to 25-percent. What's important is that the program lives on, and because the Texas Higher Education Coordinating Board submitted its application for funding early in the process, Texas recipients should be fully-funded. As for the 2012 federal budget, continued funding may depend on a grass-roots campaign to demonstrate the importance of supporting young, talented lawyers to join the ranks of prosecutors. We will keep you posted on what needs to be done and when.

Sent to the governor

Well, it only took three months to finally get an entry for this category. Senate Bill 24 by Van de Putte/Thompson (human trafficking) has been sent to the Governor's desk, where it is sure to be signed into law. Come to one of our legislative updates this summer to learn what's in the bill before it goes into effect September 1st!

Floor recap

The full House approved HB 119 by Castro (third-party protective orders), HB 1072 by Solomons (exempting OAG attorneys from paying State Bar dues), HB 2015 by Thompson (juvenile prostitution), and HB 3000 by Thompson (continuous human trafficking). In related news, the House did not pass HB 115 by McClendon (innocence commission); that bill was postponed from yesterday to a date yet to be determined because its author ran into opposition on the House floor. We'll keep you posted on how that bill fares in the future.

The bills passed by the House this week now head to the Senate, which was busy passing SB 407 by Watson (sexting), SB 653 by Whitmire (combining TYC & TJPC), SB 688 by Nichols (Medicaid fraud), SB 789 by Harris (extending the duration of certain protective orders), SB 844 by Dan Patrick (escape from detention), SB 910 by Lucio (prosecutors called to active duty), SB 1010 by Huffman (duty to notify certain victims of plea offers), SB 1416 by Hinojosa (tire deflation devices), and SB 1701 by Williams (forfeiture of substitute assets)—all of which will head over to the House for further consideration. (Back and forth, back and forth ... dizzy yet?)

Committee news

If you are following a House bill that is still in committee, consider it dead if it isn't voted out by this time next week. With that in mind, here are some bills that have escaped that fate ... House Judiciary & Civil Jurisprudence approved HB 323 by Laubenberg (including pets in protective orders) and HB 2973 by Hunter (limiting SLAPP lawsuits) ... House Criminal Jurisprudence voted out HB 385 by Menendez (enhanced penalties for property crimes against disabled victims), HB 696 by Hunter (escape from lawful detention), HB 1658 by Y. Davis (refunding cash bond to depositor), HB 1666 by Castro (online harassment expansion), HB 2662 by Hochberg (child abduction reports), HB 2725 by Hartnett (criminal incompetency procedures), and HJR 98 by Burkett (denying bond to certain repeat offenders) ... Senate Criminal Justice approved SB 878 by Whitmire (limits on cash deposit bonds) ... and Senate State Affairs voted out SB 1271 by Duncan (authorizing ADR in criminal cases).

Scheduled floor debates

Once again, the House calendars for early next week don't list many bills of interest to you (although that is subject to change). As of now, the bills scheduled for debate in the House include HB 470 by Anderson (adding salvia to PG3), HB 1137 by Darby (electronic tracking of certain OTC drug sales), and HB 1601 by Price (stacking of 1st-degree injury to a child/elderly/disabled person cases). In the Senate, where even less notice is given, we know that the list of bills eligible for debate includes SB 152 by Huffman (extraneous evidence in sex crimes), SB 167 by West (expunction after pardon), SB 843 by Dan Patrick (failure to identify during detention), SB 976 by Hinojosa (mandatory release of inmates at 90% of sentence), SB 1103 by Carona (theft venue), SB 1565 by Ellis (limiting SLAPP lawsuits), and SB 1617 by Harris (juvenile court transfers).

Committee hearings

Here's a glimpse of what will be considered next week:

Monday, April 18

House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.010)
HB 1989 by Gallego relating to certifications of SANE programs and nurses
HB 2101 by Hernandez Luna sealing court records containing certain information
HB 2307 by Smithee exempting state agency lawyers from annual CLE requirements
HB 2496 by N. Gonzalez authorizing teen dating violence court programs
HB 2711 by Thompson sealing records of juveniles who engaged in certain conduct
HB 3172 by N. Gonzalez authorizing agreed protective orders without FV findings
HB 3796 by Gallego changing the composition of certain judicial districts in West Texas

Tuesday, April 19

House Licensing & Administrative Procedures (8:00 a.m., E2.012)
HB 3583 by Harless relating to enforcement of laws regulating coin-operated machines

House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120)
HB 17 by Riddle creating the offense of criminal trespass by an illegal alien
HB 685 by Dutton restricting prosecutors' authority to dismiss a criminal action
HB 686 by Dutton limiting the secrecy of grand jury proceedings
HB 778 by N. Gonzalez authorizing the execution of lawful process by county jailers
HB 939 by V. Gonzales relating to the fee for certain services performed by a peace officer
HB 952 by Lozano creating the offense of obstruction/retaliation against a process server
HB 1200 by McClendon creating of the offense of improper photography or visual recording of certain identifying information
HB 1213 by Fletcher increasing the penalty for leaving the scene of certain accidents
HB 1410 by Bonnen increasing the punishment for the offense of attempted murder
HB 1640 by Dutton relating to official oppression by a peace officer
HB 1723 by Lucio III increasing penalties for violations of bond/protective orders
HB 2065 by Allen authorizing victim-offender mediation programs
HB 2180 by Isaac relating to disorderly conduct involving unreasonable noise
HB 2285 by Nash authorizing probation reimbursement for certain investigation costs
HB 2303 by Alvarado expanding Crime Victims' Compensation for certain victims
HB 2323 by Raymond increasing the penalty for certain manslaughters
HB 2326 by McClendon lowering penalties for the offense of theft
SB 316 by Whitmire reforming criminal asset forfeiture practices and procedures
SB 623 by Whitmire disqualifying a prosecutor from an investigation of himself
SB 887 by Carona increasing the penalty for theft of an automated teller machine
SB 1308 by Seliger relating to the standards for attorneys appointed in capital cases
SJR 9 by West proposing a constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes deferred adjudication

Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)
Not posted when this went to press; visit http://bit.ly/hBvwTw on Monday for details.

House Homeland Security & Public Safety (2:00 p.m. or upon adjournment, E1.026)
HB 440 by Turner restricting a peace officer's authority to take a blood specimen for DWI
HB 1530 by S. Miller authorizing county commissioners to carry concealed handguns in their meetings
HB 2528 by Harper-Brown restricting the use of vehicles that mimic law enforcement
HB 2957 by J. Davis creating due process rights for law enforcement officer suspects

Wednesday, April 20

House Corrections (2:00 p.m. or upon adjournment, E2.014)
HB 542 by Dutton relating to the successful completion of deferred adjudication
HB 1299 by Guillen mandating early release of certain inmates nearing their discharge date
HB 2412 by Miles mandating early release of certain drug offenders with prior crimes
HB 2583 by Walle creating a gang remediation task force
HB 3359 by Miles mandating release of certain inmates who were revoked on probation
HB 3691 by Gallego relating to certain probation programs and services
HB 3762 by Marquez requiring public hearings for determining execution procedures

Thursday, April 21

House Homeland Security & Public Safety, Subcommittee on Law Enforcement Issues
(8:30 a.m., E2.028)
HB 512 by Dutton restricting the authority of peace officers to conduct certain searches
HB 3227 by Hernandez Luna authorizing the use of forfeiture proceeds for college scholarships for children of peace officers killed in the line of duty
HB 2756 by Lavender authorizing the open (unconcealed) carrying of a handgun
HB 3147 by McClendon relating to DNA evidence of sexual assaults 

As we write this, state representatives are debating House Bill 1, the state appropriations act for the next two years. While we watch that thrilling debate on Austin access cable, we are gearing up for next week's "sex offender" day, a second week of cockfighting debates, and more bills to open the prison doors and release inmates early because, doggone it, we just can't afford to keep them locked up anymore. (Seriously—this is not an April Fools' joke.) Sounds exciting, doesn't it? If we could sell tickets and popcorn for the show, we'd be ... well, we'd be as broke as the state is, because who wants to pay to watch a slow-motion G-rated train wreck?

Floor recap

This week, the Senate passed SBs 158 and 159 by Williams (fraudulent drug diversion), SB 331 by Shapiro (fake weed), and SB 377 by Huffman (death penalty for murder of child under 10). Across the rotunda, the House passed HB 215 by Gallego (eyewitness ID reform)—now that House bill goes to the Senate and the Senate bill sits in the House while both chambers fight over whose bill will pass first (ain't politics grand?).

Committee news

The House Elections Committee approved HB 1696 by Zedler (expanding the AG's authority over election fraud cases) ... House State Affairs approved HB 892 by C. Howard (unlawful transport of an illegal alien) ... House Judiciary & Civil Jurisprudence voted out HB 1072 by Solomons (waiving State Bar dues for attorneys employed by the state), HB 2014 by Thompson (human trafficking), HB 2015 by Thompson (making juvenile prostitution a CINS offense), HB 2294 by Hunter (limiting Declaratory Judgment Act claims), and HB 3000 by Thompson (continuous human trafficking) ... and House Criminal Jurisprudence voted out HB 1106 by Johnson (notice to defendants placed on deferred adjudication) and HB 2725 by Hartnett (incompetency procedures). And over in the Senate, the Senate Criminal Justice Committee voted out SB 1416 by Hinojosa (tire deflation devices).

Scheduled floor debates

Assuming the House members survive today's budget discussion, upon their return on Monday they are scheduled to debate and vote on HB 371 by Hochberg (no deferred adjudication for certain murderers) among other business. Over in the Senate, bills eligible for debate include SB 153 by Huffman (overruling Ivey v. State), SB 170 by Ellis (making the Task Force on Indigent Defense a permanent agency), SB 789 by Harris (extending the duration of certain protective orders), SB 1308 by Seliger (standards for appointed counsel in death penalty cases), and SB 1702 by Williams (creating a money laundering task force in the AG's office).

Committee hearings

Here's a glimpse of what will be considered next week:

Monday, April 4

House Licensing and Administrative Procedures (8:00 a.m., E2.030)

HB 1822 by Harless relating to the withdrawal of security by a bail bond surety
HB 1823 by Harless relating to who can execute bail bonds and act as sureties

Senate Government Organization (9:00 a.m., 2E.20)

SB 653 by Whitmire abolishing TYC and TJPC; creating a new Juvenile Justice Dept.

Senate State Affairs (9:00 a.m., Senate Chamber)

SB 1718 and SJR 45 by Duncan relating to the appointment/retention of state judges

House Homeland Security & Public Safety, Subcommittee on Law Enforcement Issues (1:00 p.m. or upon adjournment, E1.026)

HB 19 by Riddle increasing penalties for operation of a motor vehicle without a license
HB 595 by Raymond increasing the punishment for false identification as a peace officer

Senate Agriculture and Rural Affairs (1:30 p.m. or upon adjournment, E1.012)

SB 958 by Wentworth relating to the regulation of dangerous wild animals
SB 1480 by Hegar relating to the regulation of exotic aquatic species

House Elections (2:00 p.m. or upon adjournment, E2.028)

HB 304 by Pena limiting the assistance a person may provide a voter
HB 2589 by Pena increasing the penalty for certain fraudulent acts by a voter registrar
HB 2629 by Branch clarifying certain honorariums offered to/accepted by public servants
HB 3498 by Aliseda increasing the penalty for illegal voting

House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.010)

HB 1381 by Madden relating to the service of civil process on a TDCJ inmate
HB 1418 by Hughes relating to inmate litigation
HB 1559 by S. Davis prohibiting the destruction of certain court documents
HB 1771 by Madden establishing the Specialty Courts Advisory Council
HB 1911 by Bonnen limiting the liability for damages arising from training exercises
HB 1985 by S. Turner relating to the collection of court costs, fees, and fines
HB 2976 by Hunter relating to the issuance of a warrant to take physical custody of a child in certain suits affecting the parent-child relationship

Tuesday, April 5

House Licensing and Administrative Procedures (8:00 a.m., E2.012)

HB 1822 by Harless relating to the withdrawal of security by a bail bond surety
HB 2728 by Thompson relating to the operation and regulation of charitable bingo

House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120) (sex crimes day!)

HB 36 by Menendez increasing the penalty for certain prostitution offenses
HB 649 by Gallego relating to certain protective orders for victims of sexual assault
HB 764 by Lozano authorizing general-law municipalities to impose child safety zones
HB 772 by Riddle cleaning up certain statutory discrepancies relating to sex offenses
HB 867 by Darby limiting eligibility for jury-recommended community supervision
HB 927 by Harper-Brown increasing the punishment for habitual indecent exposure
HB 940 by Dukes expanding the offense of improper relationship between educator/student
HB 1049 by Woolley authorizing evidence of other offenses in certain sex crimes trials
HB 1471 by Miles increasing the penalty prescribed for official oppression
HB 1345 by Veasey relating to the statute of limitations for kidnapping of a minor
HB 3001 by Thompson relating to the electronic monitoring of certain sex offenders
HB 2227 by Coleman expanding hate crimes to include gender identity or expression
HB 604 by Farrar repealing the offense of homosexual conduct
HB 2156 by Coleman repealing the offense of homosexual conduct
HB 1721 by Lucio III relating to protective orders for stalking or sexual assault
HB 2966 by Naishtat relating to the confidentiality of certain communications and records made or collected in reference to certain sexual assault survivors
HB 2993 by Miles increasing penalties for improper sexual activity with an inmate
HB 3 by Thompson imposing life without parole on certain repeat sex offenders
HB 825 by Anchia relating to protective orders for stalking victims
HB 3177 by S. King expanding venue for certain crimes against children
HB 1722 by Lucio III relating to the failure to stop/report certain crimes against a child
HB 3176 by S. King relating to failure to stop/report aggravated sexual assault of a child
HB 1874 by Zedler expanding the offense of improper relationship between educator/student
HB 1909 by Coleman relating to indecency with a child between members of the same sex
HB 3746 by Frullo relating to providing resources to combat crimes against children
HB 1994 by Weber creating a first-offender prostitution prevention program
HB 2019 by McClendon authorizing victim-offender mediation programs for certain property crimes (that do not give prosecutors a role in who enters the program)
HB 2196 by Rodriguez relating to the prosecution of the offense of theft of service
HB 3031 by McClendon creating "shock" deferred adjudication
HB 3077 by Gallego relating to discharging a surety's liability on a bail bond
HB 1070 by Scott relating to the taking of a defendant's bail bond by county jailers
HB 3692 by Gallego authorizing citations for persons with mental illness/incompetency
HB 47 by Pena creating a crime relating to tire deflation devices
HB 3695 by Gallego making confidential certain Class C misdemeanor records of a child
HB 3396 by Hernandez Luna increasing the penalty for breach of computer security
HB 1707 by Gutierrez changing the value ladder for the offense of misdemeanor theft
HB 385 by Menendez relating to theft/fraud committed against a disabled individual

Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)

SB 152 by Huffman authorizing evidence of other offenses in sex crimes trials
SB 167 by West relating to expunction after a pardon
SB 348 by Estes relating to the sale or delivery of salvia to a child
SB 496 by Fraser relating to evading arrest or detention in a watercraft
SB 757 by Deuell limiting certain defenses to display of harmful material to a minor
SB 843 by D. Patrick relating to failure to identify after a detention
SB 844 by D. Patrick relating to escape from custody by a person lawfully detained
SB 913 by Estes relating to records regarding over-the-counter sales of certain drugs
SB 939 by Lucio creating an offense for cockfighting
SB 976 by Hinojosa mandating the early release of TDCJ inmates with less than 1 year or 10% of their sentence remaining to be served
SB 1010 by Huffman providing a victim with notice of a plea bargain agreement
SB 1014 by W. Davis, relating to time during which prisoners may be released from jails
SB 1055 by Carona authorizing "commitment reduction plans" by CSCDs
SB 1103 by Carona expanding the venue for prosecution of certain theft offenses
SB 1273 by Williams relating to the lawful manufacture, distribution, and possession of and prescriptions for controlled substances
SB 1600 by Whitmire relating to peace officers registering as private security officers
SB 1676 by Ellis requiring peace officer training on ethical decision making
SB 1680 by Ellis relating to certain evidence in Medicaid or Medicare fraud cases

Senate Jurisprudence (1:30 p.m. or upon adjournment, 2E.20)

SB 910 by Lucio relating to elected prosecutors called into active duty military service
SB 1490 by Uresti relating to the custody of a child in certain SAPCR suits
SB 1607 by Carona relating to the duties and responsibilities of county clerks
SB 1617 by Harris relating to the discretionary transfer of certain juvenile offenders

House Homeland Security & Public Safety (2:00 p.m. or upon adjournment, E1.026)

HB 2990 by Deshotel relating to the electronic storage of personal identification information obtained from driver's licenses
HB 48 by Pena authorizing DPS to investigate the feasibility of southbound checkpoints

Wednesday, April 6

Senate Transportation & Homeland Security (8:00 a.m., E1.016)

SB 150 by West granting limited state law enforcement authority to special agents of the Inspector General of the U.S. Department of Veterans Affairs
SB 530 by Huffman granting limited state law enforcement authority to special agents of the Inspector General of the U.S. Social Security Administration
SB 947 by D. Patrick granting limited state law enforcement authority to certain criminal investigators of the United States and to other federal law enforcement personnel

Senate Intergovernmental Relations (9:30 a.m., E1.028)

SB 373 by Duncan expanding authority of county treasurers and auditors
SB 1233 by West promoting efficiencies in certain county services and functions
SB 1243 by West authorizing the use of a county risk management pool by certain county and district officers instead of the execution of bonds

House Corrections (2:00 p.m. or upon adjournment, E2.014)

HB 961 by S. Turner sealing and restricting access to certain juvenile records
HB 2649 by Allen awarding a type of good time credit to state jail confinees
HB 2650 by Allen mandating intermediate sanctions for persons on probation
HB 2735 by Madden authorizing bonds for blue warrant violations of parole
HB 3538 by Thompson expanding release of certain inmates on medically recommended intensive supervision or on super-intensive supervision parole

Thursday, April 7

House Defense and Veteran's Affairs (2:00 p.m. or upon adjournment, E2.014)

HB 1178 by Flynn extending certain veterans' employment protection
HB 2122 by Lozano relating to elected prosecutors called into active duty military service

SOS

Due to circumstances beyond their control, both of the elected prosecutors who volunteered to come to Austin to help out during the week of April 11 are now unavailable. If you are free that week—or at least the first three days of that week—and are willing to lend a hand, please contact Shannon for more details.

Happy belated St. Patrick's Day! Erin Go Bragh and all that blarney. Forgive us for not being more festive, but all this legislative work during Spring Break, South by Southwest, March Madness, and St. Paddy's Day really leaves us a bit off our nut. But who knows, maybe someone will stumble across a leprechaun's pot o' gold and donate it to the state budget writers! Then they'd only be $23 billion in the hole. Speaking of which ...

Budget update: Probation edition

We don't have anything new to add to our last update about longevity pay or DA apportionment, so we thought we'd fill you in on the (sorry) state of the proposed state budget with respect to probation. Here are the low-lights of the House and Senate versions of the original budget bills, as we discussed earlier this session:

• State funding of misdemeanor probation (about one-third of the total cost) is eliminated
• Felony probation funding is also reduced
• Support of treatment/diversion programs is rolled back to 2007 levels
• Supervision officers and direct care staff salaries are rolled back to 2009 levels
• BIPP funding is eliminated
• TAIP funding is cut (90% cut in the House, 51% in the Senate)
• Mental health services are slashed

The Senate version is currently more favorable in several areas, but that was based on using some of the Rainy Day Fund. Now that the Governor has made that a non-starter for the next budget (see our Quotes section below), the House's more drastic reductions in probation funding appear to be closer to the eventual product. Furthermore, several new bills—including HB 3664 by Otto, HB 3649 by Otto, and SB 1583 by Ogden—would permanently remove TDCJ's obligation or ability to fund any part of misdemeanor probation in the future (perhaps under the theory that misdemeanors are a local issue, not a state problem). The impact of those bills and that final budget will vary by location, so talk to your local CSCD for the details on your local situation. However, it is probably safe to say that several residential treatment facilities will close and specialized caseloads will be reduced or eliminated, while CSCDs will be forced to spread around what little felony probation funding they still get to help with other unfunded obligations. How that will all shake out is still to be determined, but it won't be pretty.

Student loan repayment

Remember this issue? It isn't legislative in nature, but we recently received word from the Texas Higher Education Coordinating Board (THECB) that the first 10 awards under the John R. Justice student loan repayment program were made this week. The THECB expects to receive enough federal funds later this month to make all but a handful of the remaining awards. (They have a few awards that are on hold pending receipt of an IRS transcript, additional employment verification, or student loan information—apparently some of our prosecutors are not too good at following instructions!) As originally planned, a total of 198 awards will be made in the amount of $5,000 to 66 to public defenders and $2,500 to 132 prosecutors. We have received indications from other states that our disparity between prosecutors and public defenders in the number and amount of awards—which is partially due to the way the federal program was designed—is also being experienced in other states. Hopefully that is something we can work on after this session, assuming the federal government ever passes an actual budget.

Bill rundown

The bill filing deadline has come and gone, and we're still standing. After surveying the damage, senators filed a total of 1,871 bills (down from 2,439 two years ago), while House members filed 3,801 (down from 4,697). The total number of bills and joint resolutions (to amend the state constitution) fell from 7,325 in 2009 to 5,873, a difference of 1,452 fewer pieces of legislation to be considered this session. Chalk up the decrease in bill filings to two factors: lack of money to pay for new programs and lack of experience among the freshman in the House (none of whom have a drawer full of old, failed bills to re-file this session, either). Whatever the cause, though, color us grateful!

Of the 5,873 bills filed this session, we are currently tracking 1,473 (25%) because of their potential impact on you or your office. The categories and respective number of bills we are tracking include the following:

Bail bonds 34
Death penalty 30
Criminal records 35
CCP 407
Civil 61
Drugs 40
DWI 48
Enhancements 106
Human trafficking 21
Juvenile 61
New duties 81
New felonies 88
New A/B misds. 114
Penal Code 215
Sex offenders 53
Transportation Code 138
Victims' issues 63

Halftime score: Senate 76, House 1

In the big picture, the Senate is lapping the House in their race to move legislation from one chamber to the other. To date, the Senate has sent 76 bills to the House, which has only passed one House bill to the Senate in return (and that bill is a sonogram/abortion bill that the Senate has already passed in a different form). For instance, this week the Senate passed SB 121 by Ellis (reforming line-up identification procedures), SB 316 by Whitmire (asset forfeiture reforms), and SB 321 by Hegar (authorizing employees to transport/store firearms while at work). But don't be alarmed, such a disparity is normal for this time of year—consider it proof that it is easier to herd 31 cats than it is to herd 150.

Committee recap

This past week, the House Judiciary & Civil Jurisprudence committee approved HB 7 by Thompson (human trafficking omnibus bill) ... House State Affairs voted out HB 12 (sanctuary cities) ... House Public Health approved HB 670 by Crownover (banning smoking in public places) ... House Homeland Security & Public Safety gave the green light to HB 750 by Driver (concealed handguns on campus) ... and House Criminal Jurisprudence voted out HB 341 by Fletcher (burglary in the course of evading arrest) and HB 690 by Martinez Fischer (graffiti of historic structure/property).

In the Senate, the Criminal Justice Committee approved SB 24 by Van de Putte (human trafficking omnibus bill), SB 144 by West (pardons for deferred adjudications), SB 153 by Huffman (overruling Ivey v. State), SB 623 by Whitmire (prosecutor disqualification), and SB 1436 by Van de Putte (continuous human trafficking), while Transportation & Homeland Security voted out SB 119 by Uresti (no texting while driving).

Scheduled floor debates

The House will finally take up SB 14 by Fraser (voter ID) on Monday. In the Senate, SB 116 by Uresti is ready for debate. Other than that, most of our issues are so far off the front burner that they're not even in the Legislature's kitchen right now.

Committee hearings

Here's a glimpse of what's on tap for next week; as you can see, Tuesdays are getting completely out-of-hand. But despite the large volume of postings, it is still very important to READ THIS LIST—history shows that a bill voted out of a committee has almost a 50% chance of becoming law, so this is where the rubber really meets the road.

Monday, March 21

House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.010)

HB 1890 by Fletcher relating to barratry and AG prosecutions of related offenses
HB 2163 by Scott including barratry as a deceptive trade practice
HB 2164 by Scott relating to barratry and solicitation of professional employment

Tuesday, March 22

Senate Health and Human Services (9:00 a.m., Senate Chamber)

SB 544 by Seliger relating to unlawful acts and criminal offenses involving Medicaid
SB 688 by Nichols relating to Medicaid fraud and AG prosecutions of related offenses
SB 751 by Hegar relating to the regulation of catfish and certain other fish

House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120)

HB 49 by Pena adding certain synthetic derivatives of marihuana to Penalty Group 2
HB 189 by T. Smith authorizing deferred adjudication for certain DWI-1st offenders
HB 278 by Alonzo mandating continuances upon request of a party
HB 290 by J. Jackson increasing the penalty for employment harmful to children
HB 351 by Veasey expanding expunctions
HB 546 by Dutton permitting expunctions for certain deferred adjudications
HB 696 by Hunter expanding the offense of escape to include a person lawfully detained
HB 703 by Gutierrez enhancing penalties for assault of health care services providers
HB 770 by Lozano increasing the punishment for certain bail jumping and failure to appear
HB 913 by Dutton relating to the automatic expunction of criminal records
HB 922 by Riddle increasing the penalty for theft of an automated teller machine
HB 1028 by Phillips limiting contact between a defendant and a victim
HB 1101 by Lucio III authorizing certain surviving family members of a victim to make an oral statement regarding the terms of a plea bargain agreement
HB 1102 by Lucio III relating to the penalty for theft of a pet
HB 1106 by Johnson providing defendants with information about deferred adjudications
HB 1121 by Weber relating to certain offenses involving trafficking of persons
HB 1122 by Weber relating to the trafficking of persons
HB 1243 by D. Miller relating to the ingestion of a controlled substance while pregnant
HB 1344 by Burkett relating to defenses for the display of harmful material to a minor
HB 1489 by Naishtat authorizing to an oral victim impact statement before a plea
HB 1601 by Price authorizing stacking for certain injury to a child offenses
HB 1666 by Castro relating to the prosecution of the offense of online harassment
HB 1754 by Gallego relating to indigent defense
HB 1856 by Woolley relating to the offense of tampering with a witness
HB 1891 by S. Davis relating to the time for execution of certain search warrants
HB 1937 by Simpson relating to making certain TSA airport searches a sex crime
HB 1988 by Gallego authorizing surviving family members of certain victims to make an oral statement regarding the terms of a plea bargain agreement
HB 2159 by Coleman changing the insanity defense in a criminal case
HB 2318 by Kolkhorst expanding expunctions to all probations
HB 2385 by Geren relating to the DNA database at the UNT Health Science Center
HB 2397 by S. Miller increasing the punishment for breach of computer security
HB 2689 by Deshotel authorizing certain pleas by mail or secure electronic transmissions
HB 2725 by Hartnett relating to the determination of incompetency in criminal cases
HJR 98 by Burkett proposing a constitutional amendment denying bail to certain persons charged with a violent or sexual offense after having been previously convicted of a violent or sexual offense
HJR 97 by Naishtat proposing a constitutional amendment relating to a moratorium on the execution of persons convicted of capital offenses

Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)

SB 82 by Nelson relating to the prosecution of the offense of stalking
SB 122 by Ellis expanding access to post-conviction forensic DNA testing
SB 158 by Williams relating to the fraudulent obtaining of a controlled substance
SB 159 by Williams relating to the diversion of a controlled substance
SB 331 by Shapiro including certain synthetic cannabinoids to Penalty Group 2 (Note: This bill is not yet posted, but it is likely to be added to the list)
SB 354 by Wentworth authorizing the carrying of concealed handguns on certain campuses
SB 364 by Ogden gathering statistical information on the prosecution of DWI offenses
SB 377 by Huffman relating to the murder of a child as a capital offense
SB 779 by Whitmire creating to a central database and registry for animal cruelty offenders
SB 882 by Whitmire relating to the filing of certain records related to personal bond
SB 887 by Carona increasing the penalty for theft of an automated teller machine

Senate Jurisprudence (1:30 p.m. or upon adjournment, 2E.20)

SB 480 by Hegar relating to certain appeals from judgments of municipal courts of record
SB 519 by Hegar relating to motions for a new trial in Class C misdemeanor proceedings
SB 789 by Harris relating to the duration of a protective order against family violence
SB 819 by Harris relating to family violence and protective orders.

House Homeland Security & Public Safety (2:00 p.m. or upon adjournment, E1.026)

HB 299 by Berman repealing the driver responsibility program (DPS surcharges)
HB 588 by Guillen relating to the advance payment of DPS surcharges
HB 242 by Craddick relating to certain retired peace officers carrying certain firearms
HB 607 by S. Miller relating to the eligibility of CDL holders for dismissal of certain charges on completion of a driving safety course
HB 1137 by Darby relating to over-the-counter sales of ephedrine, pseudoephedrine, and norpseudoephedrine and a person's civil liability for certain acts arising from the sale of those products

Wednesday, March 23

House Corrections (2:00 p.m. or upon adjournment, E2.014)

HB 1477 by Allen awarding credit to certain TDCJ inmates for time between release on and revocation of parole or mandatory supervision
HB 1962 by Villarreal relating to programs that a JP/muni court may require of a juvenile
HB 1964 by Villarreal relating to discharging fines and costs assessed against juveniles
HB 2352 by Allen expanding mandatory supervision (early release) from TDCJ
HB 2354 by Madden authorizing the use of certain surveillance equipment within TDCJ

Bill filings

We're pretty much finished with this entry (hallelujah!). To follow the most important bills of the session, click on the relevant buttons near the top of tjos page. For details on specific bills, contact us directly.

The first one-third of this legislative session is over, and nothing has been settled on any issue—but that's normal for the legislature. The deadline to file substantive bills is next Friday, March 11. After that, legislators will focus on discussing those bills in committees and debating them on the floor. In the short term, though, the volume of bills filed over this final week will be mind-numbing, so please be patient with us as we try to catch up.

Budget cuts

There is nothing new to report on this front. As for the big picture, the budget cuts contained in the initial Senate bill are still too draconian to garner enough votes to make it out of the Senate Finance Committee, and the chairman of the House Appropriations Committee is trying to talk committee members into drawing down about $4 billion from the Rainy Day Fund (mostly to cover shortfalls in the current biennium's budget). Meanwhile, a slew of pro-gambling/gaming/casino/slot machine bills were filed this week to take advantage of the budget-induced discomfort many legislators are experiencing; as they say, timing is everything!

Committee recap

The Senate Criminal Justice Committee followed the example of its House counterpart and approved SB 121 by Ellis, a bill to reform eyewitness ID procedures. The Senate version differs slightly from the House version (HB 215), but that will be worked out along the way—look for one of those two to be among the first criminal justice bills sent to the governor this session. That same Senate committee also approved SB 316 by Whitmire, a bill to reform asset forfeiture practices, and sent it to the Local & Consent Calendar, which means it should pass without being debated or amended (which cuts out the potential for mischief or other unfriendly amendments).

In the House, the State Affairs Committee took up a half-dozen immigration enforcement bills of varying shapes and sizes. The only one you need to watch is HB 12 by Solomons—that is the governor's preferred "sanctuary city" bill. HB 12 was left pending, but we'll update you if and when it moves out of committee, along with any other bills of interest heard in committees this past week were left pending.

Committee hearings

Here's a glimpse of what's on tap for next week ...

Monday, March 7

House Land & Resource Management (1:00 p.m. or upon adjournment, E2.012)

HB 138 by Callegari relating to acquisition/compensation through eminent domain
HB 188 by Sheffield relating to eminent domain authority
SB 18 by Estes relating to eminent domain authority

House Judiciary & Civil Jurisprudence (2:00 p.m. or upon adjournment, E2.010)

HB 289 by Jackson relating to human trafficking-related acts that constitute a nuisance
HB 501 by Solomons penalizing the dissemination of certain criminal history information
HB 905 by Thompson relating to hearsay statements of a child in a protective order case
HB 1072 by Solomons waiving State Bar dues for an attorney employed by the state

House Ways & Means (2:00 p.m. or upon adjournment, E2.014)

HB 255 by Hilderbran relating to the civil and criminal enforcement of tax laws

Tuesday, March 8

House Licensing & Administrative Procedures (8:00 a.m., E2.012)

HB 82 by Flynn relating to gambling and gambling devices (8-liners)

House Insurance (1:30 p.m., E2.026)

HB 1020 by S. Miller imposing minimum liability insurance coverage for DWI offenders

House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120)

Not posted as of Friday at 4:00 p.m.; keep checking http://bit.ly/f0WLRz for the details

Senate Criminal Justice (1:30 p.m. or upon adjournment, E1.016)

SB 116 by Uresti expanding protective orders to include certain victims of dating violence
SB 170 by Ellis reorganizing indigent defense funding and oversight
SB 250 by Zaffirini expanding protective orders to include stalking victims
SB 279 by W. Davis expanding protective orders to include pets and companions

Wednesday, March 9

House Transportation (8:00 a.m., E2.028)

HB 37 by Menendez relating to using wireless communication devices while driving
HB 93 by Cook relating to using wireless communication devices while driving
HB 103 by Martinez Fischer relating to ... ditto
HB 243 by Craddick relating to ... ditto
HB 287 by Lucio III relating to ... ditto

House Corrections (2:00 p.m. or upon adjournment, E2.014)

HB 1915 by Madden abolishing TYC & TJPC; creating a Texas Juvenile Justice Dept.

Bill filings

Here is a short summary of some of the new bills filed since last week's update (current through yesterday):

HB 7 by Thompson (& SB 24 by Van de Putte) relating to human trafficking
HB 255 (& SB 934 by Williams) relating to the enforcement of tax laws
HB 700 by Hilderbran consolidating the Racing, Lottery, and Alcoholic Beverage Commissions into a new Alcoholic Beverage and Gaming Commission
HB 1856 by Woolley expanding the scope of and penalty for tampering with a witness
HB 1874 by Zedler expanding the scope of improper relationship between educator/student
HB 1888 by S. Miller requiring public employers to use E-Verify
HB 1890 by Fletcher granting the OAG concurrent criminal jurisdiction to prosecute barratry and related solicitation crimes
HB 1891 by S. Davis relating to the execution of a search warrant for electronic data
HB 1915 by Madden (and SB 653 by Whitmire) abolishing TYC and TJPC and creating a new Texas Juvenile Justice Department
HB 1918 by Larson (and SB 1028 by Harris) relating to appointed counsel in capital cases
HB 1928 by Zedler creating a public integrity unit within the OAG and granting it exclusive jurisdiction to prosecute certain crimes
HB 1937 by Simpson relating to certain airport searches that may qualify as sexual assault
HB 1974 by Sheets relating to state and county defined contribution retirement plans
HB 1994 by Weber (and SB 1060 by Van de Putte) authorizing prostitution courts
HB 1995 by Weber changing the state-local fine split in certain environmental crimes and eliminating Travis County's venue in those cases
HB 2014 by Thompson relating to human trafficking
HB 2015 by Thompson making juvenile probation a CINS offense
HB 2019 by McClendon authorizing certain victim-offender mediation programs
HB 2037 by Madden relating to court-ordered medication of incompetent defendants
HB 2065 by Allen authorizing certain victim-offender mediation programs
HB 2097 by Giddings adding bath salts to Penalty Group 2
HB 2101 by Hernandez Luna sealing court records containing personal or ID information
HB 2111 by Woolley (and SB 1118 by Hinojosa) authorizing video lottery terminals (VLTs) at certain locations
HB 2118 by Coleman adding bath salts to Penalty Group 2
HB 2119 by Kolkhorst creating a property interest in certain DNA sample
HB 2122 by Lozano relating to elected prosecutors called to active duty military service
HB 2159 by Coleman revising the insanity defense
HB 2176 by T. King reducing the DPS surcharge for certain non-DWI convictions
HJR 111 by Woolley (and SJR 33 by Hinojosa) amending the state constitution to authorize VLTs
HJR 112 by Melendez (and SJR 34 by Ellis) amending the state constitution to create the Texas Gaming Commission and authorize casino games and slot machines
SB 9 by Williams relating to homeland security
SB 964 by Uresti relating to theft and fraud committed against disabled victims
SB 973 by Hinojosa reforming capital sentences for certain juvenile offenders
SB 1010 by Huffman providing certain victims with notice of a plea bargain agreement
SB 1024 by Rodriguez expanding the offense of theft of service
SB 1055 by Carona authoring "commitment reduction plans" and related funding mechanisms for probation departments
SB 1066 by Estes adding bath salts to Penalty Group 2
SB 1076 by Ellis mandating probation for certain 3rd-degree felony POCS cases and expanding non-disclosure to certain straight probation records
SB 1077 by Ellis creating time credits for probationers' early termination
SB 1079 by Ellis relating to the application of the death penalty to a person with MR
SB 1103 by Carona expanding venue for certain theft offenses
SB 1106 by Harris facilitating the exchange of certain information concerning juveniles
SB 1108 by W. Davis requiring IT workers to report images of child pornography
SB 1115 by Wentworth authorizing OAG or private legal action against certain fraud
SB 1116 by Whitmire restricting the ability to cite students for certain Class C offenses

Remember that “lucky streak” of inactivity we mentioned last week?  Well, that’s about to end next week.  In fact, the House is even open for business on Monday’s state holiday!  Where have all the good times gone?  Oh well, it was nice while it lasted.

            Everybody wants some.  The House Appropriations Committee kicked it into high gear this week, with subcommittees starting every morning at 7:00 a.m.  They churned through the entire budget—including DA apportionment and assistant prosecutor longevity pay—and are on track to have the full committee review the subcommittees’ recommendations on Monday.  On the DA apportionment front, 46th Judicial District DA Staley Heatly left a newborn baby at home in Vernon (congratulations, Staley!) to come to Austin and tell the House subcommittee how badly rural felony prosecutors need their apportionment funding to be restored from the proposed FY 2012-2013 amount of $22,500 to $32,500.  Then Brazoria County CDA Jeri Yenne testified concerning the need to preserve the longevity funding currently received by more than 1,300 assistant prosecutors. As a result, the subcommittee voted to recommend to the full Appropriations Committee that longevity funding be fully restored, and they recommended that DA apportionment be at least partially restored, depending upon the availability of funds.  The full House Appropriations Committee will take up those (and many, many other) budget items Monday morning; meanwhile, the Senate Finance Committee is still set to hear testimony on these items on Tuesday.  We have posted background “frequently asked questions” memos on these two issues at http://www.tdcaa.com/node/8001 for you to review and use with your local legislators.  If you want to get involved, give Rob a call ASAP.

            Runnin’ with the devil.  Before you talk with your legislator about fiscal issues, make sure you have educated yourself on your own budget and can clearly articulate how your office is funded and how the cuts will impact you.  That advice comes after watching Wednesday’s Senate Finance hearing.  The questioning can be tough in these tight economic times.  As we warned you a few weeks ago, don’t come to Austin to ask for money unless you are fully prepared to answer questions about your own budget!

      Women and children first.  Or so said the law of the sea in a more chivalrous era.  If you were to apply that analogy to our “sinking” prison system in this period of budget cuts, the rule might be “foreigners and expensive inmates first.”  That is one of the early ideas being floated by lawmakers who are seeking to free up enough prison beds to justify closing some prisons—namely, release inmates who came here illegally and hope ICE deports them, and release sick and elderly inmates into nursing facilities where the feds will pick up the tab for their medical care.  Many prisoners in those two classes are eligible for parole, but the Parole Board is not releasing them because of public safety concerns.  Now some legislators intend to trump those concerns under the theory that doing so would be the lesser of two evils when compared to cutting probation and parole treatment options.  We’re not sure how nursing homes will feel about having sick inmates dumped on them, nor how the anti-immigration crowd will feel about foreign inmates being granted early release with no guarantee of deportation, but we’ll have more news on this front after policymakers hold a “Correctional Policy Workgroup” meeting next Thursday the 24^th to try to come up with a palatable plan for releasing thousands of TDCJ inmates.  It should be interesting.

            And the cradle will rock.  The U.S. Census Bureau released its initial numbers this week that will be used for redistricting.  We don’t have the time or ability to cover this subject in detail, but the biggest gains in population were seen in the Hill Country, the Metroplex, the Valley, and the Greater Houston area, while West Texas hemorrhaged people.  The overall total of 25.1 million Texans roughly breaks down as 45% Anglo, 38% Hispanic, 12% Black, and 4% Asian, with Hispanics making the largest gains, especially among the young.  These numbers paint a picture of Texas as a state becoming more suburban/exurban and Hispanic, less rural and Anglo.  If you want to know how that will affect your communities, contact your local legislators—I guarantee you that by this time next week they will know exactly who is living where (and how they vote!)—or for true redistricting geeks, visit the Texas Legislative Council’s redistricting page, available here: http://www.tlc.state.tx.us/redist/redist.html.

          Committee hearings.  Here we go …!

Monday, February 21

House Appropriations (7:00 a.m., E1.030)

HB 1 by Pitts; Articles I, IV, & V (includes your budget items)

Senate Finance (12:30 p.m. or upon adjournment, E1.036)

            SB 1 by Ogden; Article V (DPS, TDCJ, BPP, TCLEOSE, etc.)

Tuesday, February 22

House Criminal Jurisprudence (10:30 a.m. or upon adjournment, JHR 120)

HB 96 by Fletcher to permit certain prosecution witnesses to be excluded from the Rule

HB 99 by Martinez Fischer creating the offense of aggravated driving while intoxicated

HB 215 by Gallego relating to photograph and live lineup identification procedures

HB 219 by Gallego requiring electronic recording of certain custodial interrogations

HB 220 by Gallego authorizing subsequent writs based on relevant scientific evidence

HB 221 by Fletcher increasing the punishment for burglary of a vehicle

HB 341 by Fletcher increasing the punishment for burglary committed while evading arrest

Senate Finance (12:00 noon or upon adjournment, E1.036)

            SB 1 by Ogden; Article IV (Judicial branch, including your budget items)

Wednesday, February 23

Senate Transportation & Homeland Security (8:00 a.m., E1.016)

            The committee will hear testimony on homeland security and border issues.

House Corrections (2:00 p.m. or upon adjournment, E2.014)

            The committee will hear invited testimony from certain agencies.

          Bill filings.  We are now entering bill-filing crunch time.  The official deadline to file a bill is the 60th day of the session, which falls on Friday, March 11 (three weeks from today).  However, legislators frown on bills written on cocktail napkins with lipstick, which is why there is a stable of bill drafters at the Texas Legislative Council to churn out legislation—and let us tell you, they are busy right now.  This list will be looooooong for the next few weeks, and even then we are only scratching the surface of what is being filed.  To ensure a bill request is processed and completed in time for filing by March 11, the bill drafters have given today as their deadline.  If you have not already done so, don’t be dissuaded by that, though—it’s a completely artificial deadline.  However, it is imperative to get your bill ideas into legislators’ hands as soon as possible.  With that in mind, here is a short summary of some of the new bills filed since last week’s update (current through yesterday):

HB 12 by Solomons relating to sanctuary cities (this is the governor’s bill, as indicated by the low bill number; SB 11 by Williams is the companion bill)

HB 1294 by Shelton making illegal aliens ineligible for community supervision

HB 1297 by Paxton requiring the state enforcement of certain federal immigration laws

HB 1299 by Guillen requiring the supervised re-entry release of certain TDCJ inmates

HB 1309 by Craddick creating a “sexting” offense

HB 1313 by Gonzalez relating to a child’s hearsay statements in a protective order case

HB 1332 by Creighton relating to Medicaid fraud prosecutions (see also, SB 688 by Nelson)

HB 1344 by Burkett eliminating a defense for displaying harmful material to a minor (see also, SB 757 by Deuell)

HB 1345 by Veasey extending the statute of limitations for certain kidnapping cases

HB 1353 by Elkins increasing certain speed limits

HB 1389 by Hopson increasing penalties for certain dog attacks

HB 1391 by Deshotel authorizing intoxilyzer operators to access certain DL information

HB 1406 by Riddle authorizing EMTs, etc., to draw blood in certain DWI cases

HB 1410 by Bonnen increasing the punishment for attempted murder

HB 1424 by Garza banning a defeated judge from sitting in that court as a visiting judge

HB 1455 by Kolkhorst authorizing certain illegal immigrants to be released into the custody of the nearest U.S. Senator’s or Representative’s office

HB 1457 by Fletcher relating to the interception of certain communications (see also, SB 687 by Huffman)

HB 1467 by Hernandez Luna creating a Class C offense for certain bullying acts

HB 1470 by Miles creating the Texas State Civilian Complaint Review Board

HB 1471 by Miles increasing the penalty for certain acts of official oppression

HB 1475 by Alonzo creating longevity pay for public defenders and judicial staff attorneys

HB 1477 by Allen awarding certain TDCJ inmates time credits while on supervision

HB 1489 by Naishtat authorizing victims to give oral impact statements before sentencing

HB 1491 by Naishtat creating an affirmative defense for medically-recommended marihuana

HJR 97 by Naishtat imposing a moratorium on executions

HJR 98 by Burkett denying bail to certain repeat felony offenders

SB 600 by Rodriguez prohibiting law enforcement from inquiring about the immigration  status of a victim of or witness to a criminal offense

SB 608 by Rodriguez authorizing counties to regulate certain fireworks

SB 623 by Whitmire disqualifying a prosecutor from a criminal investigation of himself

SB 624 by Whitmire repealing the driver responsibility program (aka, DPS surcharges)

SB 634 by Hinojosa authorizing deferred adjudication for certain DWI-1st offenses

SB 677 by Gallegos creating fines as enforcement of the public information law

SB 686 by Huffman extending community supervision for a failure to pay restitution

SB 695 by Watson suspending the collection of certain dedicated fees

SJR 24 by Watson exempting political subdivisions from certain unfunded mandates 

             That’s all for this week!

(Posted February 8, 2011)

Neither frozen roads, nor 0.75 inches of snow, nor rolling power blackouts shall stop TDCAA's legislative update from its appointed rounds! Here follows the "Deep Freeze 2011" edition of this week's update.

The budget cuts; what to do, when to do it

Anyone who walked the halls of the Capitol this week would have immediately been struck by the challenge facing prosecutors this session when it comes to money. As the Senate Finance Committee held their initial hearings on health and human services, busloads of foster children, physically- and mentally-disabled persons, wounded veterans, and other sympathetic citizens came to the Capitol to plead their case for staving off proposed budget cuts that would directly impact them. And it won't get much better next week, as school children, teachers, and PTA moms descend on the House and Senate to plead their cases. As we've told you before, when coming to the Capitol to ask for funding, you may literally be competing with widows and orphans for scarce state dollars. That doesn't lessen your need, but it does require you to be aware of what legislators are facing every day so that you can tailor your message accordingly. With that in mind, let's move on to a discussion of two priority funding issues for prosecutors.

DA apportionment funding

As you know, both the Senate and House baseline budgets reduce felony prosecutor apportionment funding to the statutory minimum of $22,500 and eliminate the funding entirely for the six felony prosecutors outside the Professional Prosecutor Act. The first hearing on this budget item and various other judge- and prosecutor-related items is scheduled for Tuesday, February 22, before the Senate Finance Committee. If this is an issue on which you want to personally weigh in, the time to get involved is now. For more information, contact Rob Kepple. As mentioned above, if you are going to contact your local legislators on this issue, it is very important to talk to Rob to get the lay of the land before you pick up that phone and call the Capitol.

Assistant prosecutor longevity pay

This is another major prosecutor-related item that will come up at the Senate Finance Committee meeting on February 22. The baseline bills cut this proposed funding from $7,518,000 to $7,142,100-a decrease of $375,900--for the 2012-2013 biennium, which is predicted to leave the fund short and lead to the reduction of salary supplements for some or all of the program recipients. Many of you have told us that you would like this funding restored, so if you want to get involved, now is the time to contact Rob.

Senate committee assignments

The Lt. Gov. issued a revised committee assignment list late last Friday. The line-ups for the committees that primarily deal with your business are as follows (with changes in membership or position from last session noted by an *):

Finance: Ogden (R-Bryan), chair; Hinojosa (D-Mission), vice-chair; Deuell (R-Greenville), Duncan (R-Lubbock), Eltife (R-Tyler), Estes (R-Wichita Falls), Lucio Jr.* (D-Brownsville), Nelson (R-Lewisville), D. Patrick* (R-Houston), Seliger (R-Amarillo), Shapiro (R-Plano), West (D-Dallas), Whitmire (D-Houston), Williams (R-The Woodlands), and Zaffirini (D-Laredo).

Criminal Justice: Whitmire (D-Houston), chair; Huffman* (R-Houston), vice-chair*; Carona (R-Dallas); Ellis (D-Houston); Hegar (R-Katy); Hinojosa (D-Mission); D. Patrick (R-Houston).

Jurisprudence: Harris (R-Arlington), chair*; Rodriguez* (D-El Paso), vice-chair*; Carona (R-Dallas); Duncan (R-Lubbock); Gallegos (D-Houston); Huffman* (R-Houston); Uresti* (D-San Antonio).

Transportation & Homeland Security: Williams* (R-The Woodlands), chair*; Watson (D-Austin), vice-chair; Davis (D-Ft. Worth); Ellis (D-Houston); Harris* (R-Arlington); Hinojosa* (D-Mission); Nichols (R-Jacksonville); Shapiro (R-Plano); Wentworth (R-San Antonio).

Some Senate committees are already getting to work. The Senate Finance Committee has started reviewing its version of the budget (Senate Bill 1). As discussed earlier, the committee is scheduled to get to the provisions that affect you--funding, training grant, prisons, juveniles, and DPS--during the week of February 21-25, after they have been thoroughly demoralized from hearing complaints about the cuts to the two sacred cows of education and health/human services. (That's not a good sign for us, in case you are wondering.) Meanwhile, the Senate State Affairs Committee heard and voted out SB 18, the eminent domain bill that was named an emergency issue by the governor. That bill should skate through the full Senate and land in the House sometime late next week, where ... well, nothing much will happen just yet because ...

House committee assignments

Contrary to the usual schedule, Speaker Straus has still not released his new committee assignments. The latest word is that they will be issued sometime next week, probably by Wednesday. This means House committees (other than Appropriations) will not be able to debate bills until the week after next at the earliest, and maybe not until the week after that, effectively shortening the session by a week or two. If you have a bill that you want to pass, this is bad news; if you don't, then this is good news. Either way, it is certain to make legislators even crankier by May.

Keeping tabs on your state bar

Although a mandatory membership organization like the State Bar is prohibited from lobbying, the Bar still has a legislative platform each session. If you'd like to review what the State Bar's board of directors has given their stamp of approval, visit their website.

Payday loans

Multiple bills have been filed to crack down on some of the worst abuses by payday loan companies. Those bills include HB 410 by Craddick (R-Midland), HB 656 by Farias (D-San Antonio), HB 661 by Rodriguez (D-Austin), SB 251 by West (D-Dallas), and SBs 253 and 254 by W. Davis (D-El Paso) all relating to the regulation of certain "extensions of consumer credit." If this has been a problem in your local communities, contact Shannon Edmonds to find out how you can get involved.

Bill filings

Through Wednesday, February 2, legislators had filed 1,702 bills, of which we are currently tracking 474. Judging by past sessions, this only represents about 30% of the total bills that will eventually be filed. Here is a short summary of some of the new bills filed since last week's update:

HB 40 by Menendez granting all peace officers (including CA/DA investigators) a right to collective bargaining (sorry, we missed this one earlier)
HB 985 by Menendez relating the abuse/neglect of the elderly/disabled at certain facilities
HB 1014 by Legler permitting a municipal judge to serve as a visiting JP in certain cases
HB 1020 by S. Miller increasing liability insurance coverage for DWI defendants
HB 1028 by Phillips limiting contact between defendants/inmates and their victims
HB 1029 by Carter imposing certain bond conditions on those charged with burglary
HB 1034 by Shelton relating to criminal offenses involving the Medicaid program
HB 1043 by Christian creating an offense of cockfighting
HB 1047 by Schwertner relating to impounding vehicles for certain driving violations
HB 1049 by Woolley making certain extraneous evidence admissible in certain sex crimes
HB 1063 by Murphy increasing penalties for repeat and habitual misdemeanor offenders
HB 1070 by Scott authorizing county jailers to take bail bonds
HB 1072 by Solomons waiving State Bar membership dues for state employees
HB 1073 by Madden relating to the release of TDCJ inmates from regional facilities
HB 1085 by V. Taylor eliminating ERS eligibility for officials convicted of certain crimes
HB 1089 by Martinez Fischer expanding a county's authority to remove graffiti
HB 1101 by Lucio III authorizing an impact statement by the surviving family of an officer
HB 1102 by Lucio III making theft of a pet a state jail felony
HB 1103 by Lucio III creating a probation fee for certain animal cruelty cases
HB 1106 by E. Johnson requiring certain admonishments relating to deferred adjudication
HB 1113 by Raymond requiring courts to hold certain proceedings at secondary schools
HB 1116 by Harper-Brown outlawing traffic radar interference devices
HB 1121 by Weber creating the offense of Continuous Human Trafficking
HB 1122 by Weber expanding the scope of, and consequences for, Human Trafficking
SB 431 by M. Jackson criminalizing the use of false or fraudulent military records
SB 462 by West expanding the right to expunction of certain information
SB 483 by Harris relating to criminal law magistrates and limiting DWI search warrants
SB 485 by Huffman expanding venue for mortgage fraud prosecutions
SB 486 by Huffman creating the offense of sexual voyeurism (Ed.-which is redundant!)
SB 487 by Huffman increasing the penalty for leaving the scene of an injury accident
SB 491 by Fraser creating a judicial district for Kimble/McCulloch/Mason/Menard Cos.
SB 496 by Fraser increasing the punishment for evading by watercraft
SB 519 by Hegar granting five days to file a motion for new trial in a Class C case

The action in Austin this week was almost entirely about the budget, and so our update will be, too. Keeping in mind that the initial state budget document is 994 pages long and that we are still combing through it to learn what it contains, here is our initial take on things ....

House Bill 1 lands with a thud

The appropriations process officially began Wednesday with the filing of HB 1, the state's budget bill. The bill was drafted to fit the Comptroller's estimate of state revenues for the next biennium, which showed a potential $27 billion deficit in FY 2012-13 at current spending rates. In response, HB 1 does not raise any significant new revenue, it does not tap the Rainy Day Fund, and it does not use any "smoke and mirrors" accounting tricks. Those of you who saw our budget preview presentation at the Elected Prosecutor Conference know that eliminating those mechanisms leaves only one other option: cuts, and lots of them. And that's what this initial budget bill contains.

To give you an idea of how painful it will be to craft a balanced budget within the new revenue cap, consider this: In the current biennium (FY 2010-11), state government is on track to spend $187.5 billion from all funds (state and federal). The initial version of HB 1 spends only a little more than $156 billion, which is almost a 17% decrease from the previous biennium's expenditures, all to do the same job (supposedly). There is no provision in this initial budget for growth in any area of state government over the current biennium-not for additional services, not for additional population, and not for inflation. In fact, you have to roll the calendar all the way back to the FY 2006-2007 biennium to find a budget that was this lean-and we're pretty sure there are few more kids in school and a few more patients on the Medicaid rolls now than there were then. But then, that's part of the idea behind HB 1-not just to hold the line on taxes, but to actually shrink the size of state government. And it does that, in spades.

First things first

We'll start our analysis at the micro level and then work our way back up to the macro view. Here is a run-down of the numbers directly relating to you:

DA and judicial benchmark salaries: unchanged
CA supplement payments: unchanged
Felony prosecutor travel fund: reduced by 15%
DA apportionment payments: reduced from $34,450 to $22,500 (~ 34%)
Assistant prosecutor longevity fund: reduced by 5%
Witness expense fund: slightly increased
Public Integrity Unit (Travis Co.): reduced by 11%
Special Prosecution Unit (prisons): reduced by 10%
State Prosecuting Attorney: reduced by 10% and moved under OCA

You might be asking yourself why small budget items such as apportionment funds and longevity pay have been reduced when they would hardly be noticed in the overall budget picture. The answer is that in bad budget times, everyone has to feel some pain.

The new state diet

Now let's take one step back and look at the bigger picture. In general, the larger your piece of the state budget pie, the more it gets cut under House Bill 1. For instance, public and higher education account for about 41 percent of the state budget, and they get trimmed to the tune of about $9 billion less than current appropriations (not including another billion that the schools would be owed due to growth under existing funding formulas). Conversely, public safety and criminal justice only account for about 6 percent of the state budget, and HB 1 chops "only" about $1.4 billion from current levels, a drop of almost 14 percent.

If you care about public safety and what you as a prosecutor have been able to accomplish for your community, the initial House budget for TDCJ should scare you. The agency's total budget for the biennium is reduced by more than $785 million, and many of the cuts are to "alternatives to incarceration." Vocational training and re-entry programs are zero-funded. The budget for intermediate sanction facilities (which provide an alternative to parole revocation) is halved. SAFP beds are cut by 20 percent. TAIP (Treatment Alternatives to Incarceration Program) is cut by 90 percent. BIPP (Batterers Intervention and Prevention Program) is eliminated. At least one prison facility (the Central Unit in Sugar Land) is to be closed and sold off, and 2,000 contract beds are to be let go. And to top it off, TDCJ's victim services division ($1.5 million) is zero-funded, leaving unanswered (for now) the question of who will provide parole information to victims or victim information to parole boards, and who will operate the Crime Victim Clearinghouse and VINE. The bottom line is that 20 years of work to beef up proven alternatives to incarceration may get undone in one session, leaving local communities with very few sentencing options.

Of course, TDCJ may get off easy compared to TYC. House Bill 1 does not include the potential consolidation of that agency with TJPC because that requires sunset legislation to be passed, but standing alone, the proposed budget cuts an already-shrunken TYC by another 20 percent (including the closing of three facilities) and TJPC by 15 percent. DPS fared slightly better, losing only 12 percent (although we haven't had time to dig through their budget to see where that hits hardest).

Among other cuts that may affect your office, the AG's budget is cut 8.5 percent (including the elimination of the entire Criminal Investigation Division), the state's visiting judge fund is reduced 10 percent, the juror pay fund is cut 15 percent, the TDFPS appropriation is cut 15 percent, the state's support of indigent defense at the county level is reduced by 15 percent, the State Law Library is to be closed, and the state's already-inadequate mental health system will be crippled, with community mental health services cut 40 percent, up to two state-supported living centers (aka state schools) closed, and others facing privatization.

What's next?

The Senate version of the budget, to be known as Senate Bill 1, should be filed next week, but it won't be much different from HB 1. The relevant committees in both chambers will then get to work on changes to both bills, and that's when the fur will start to fly. The initial House version does leave about $100 million yet to be appropriated, and there are hopes that an improving economy could allow the Comptroller to revise her revenue estimate before the session ends and give budget-writers more room to maneuver as they get down to the lick log. Legislators can also implement some accounting tricks to free up some money, they could pass laws creating new revenue (just don't call it a "tax"!), and they could vote to appropriate some or all of the Rainy Day Fund for certain expenditures. In other words, these initial budgets represent the starting blocks, not the finish line. Unfortunately, the race to that particular finish could look like something worthy of another Mad Max sequel. Prepare yourselves accordingly.

Bill filings

Among the bills filed since our last update are:

HB 686 by Dutton limiting the secrecy of grand jury proceedings
HB 687 by Dutton expanding a governmental unit's liability for certain negligent acts
HB 688 by Dutton relating to non-disclosure of certain criminal records
HB 689 by Dutton requiring corroboration of certain testimony in capital cases
HB 694 by Turner authorizing the release of TDCJ inmates who complete certain programs
HB 696 by Hunter expanding the offense of escape to include those lawfully detained
HB 703 by Gutierrez increasing the penalty for assault of a health care services provider
HB 716 by S. Miller authorizing the taking of certain feral hogs from a helicopter
HB 722 by Harless expanding the regulation of massage establishments and SOBs
HB 728 by Dutton expanding the restoration of certain rights to certain defendants
HB 739 by Fletcher eliminating the statute of limitations for certain felonies
HBs 739, 745-747 by Johnson relating to eminent domain procedures
HB 748 by Menendez awarding time credits to certain incompetent defendants
HB 763 by Lozano creating the offense of unlawful transport of an undocumented person
HB 768 by Lozano relating to drug court programs and the judges who preside over them
HB 770 by Lozano increasing the penalty for bail jumping/FTA in certain homicide cases
HB 772 by Riddle cleaning up the parole instructions/laws for certain sex crimes
HB 778 by N. Gonzalez authorizing county jailers to serve certain documents on inmates
HJR 71 by Larson tying elected public officers' salaries to that of certain teachers
SB 358 by Wentworth waiving sovereign and governmental immunity in Texas
SB 364 by Ogden requiring data collection relating to DWI arrests and dispositions
SB 373 by Duncan expanding the duties of county treasurers and auditors
SB 377 by Huffman expanding capital murder to include child victims under the age of 10
SB 388 by Williams expanding the offense of organize retail theft

[Throughout the session, we will post excerpts from our weekly legislative updates on this webpage.  To receive the full update, contact Shannon Edmonds.]

Interim charges

Literally hundreds of interim recommendations have been submitted by various standing legislative committees and published in the past two. Among the highlights are these recommendations:

House Criminal Jurisprudence
• Charge 1 (deferred adjudication): protect records sealed by non-disclosure from release by third-party vendors; admonish defendants about the consequences of a successfully completed deferred adjudication; authorize deferred adjudication for DWI-1st offenses
• Charge 2 (public defenders): provide more state funding for public defenders; consider creation of a statewide public defender office for all offenders
• Charge 3 (human trafficking): expand the scope of the current offense; provide more training and technology to law enforcement; divert asset forfeiture money seized in human trafficking cases to victim rehabilitation and victim advocacy groups
• Charge 4 (veterans courts): expand them

House Corrections
• Charge 1 (TYC): continue downsizing TYC and keeping youth in community-based programs

Senate Criminal Justice
• Charge 1 (sex offender registration): do not adopt stricter standards for registration
• Charge 2 (DWI): eliminate/reduce surcharges; simplify DL suspension laws; authorize deferred adjudication; enhance penalties for drivers with high BACs; regulate blood draws
• Charge 6 (crime labs): make crime labs independent from law enforcement; evaluate the benefits of private labs; authorize the DPS crime lab to charge local agencies for its work
• Charge 8 (TYC): continue downsizing TYC and keeping youth in community-based programs; consider consolidation of TYC and TJPC

Remember that interim study recommendations can be a great springboard for the passage of legislation-or, they can a complete waste of time. (That may explain the lack of reports being issued by several committees.) There's no way to know for sure, so if you have a question about any of these highlighted recommendations, call or email us for more information. To read them yourself, go to the applicable House or Senate website (for the latter, you have to select each individual committee and scroll to the bottom of the webpage to find the report).

Bill filings

Things were quiet during the holidays, but that will end this week; this is the shortest "bill filings" list we'll see between now and March. Among the bills filed since our last update are:

HB 439 by T. Smith authorizing DWI checkpoints
HB 440 by Turner prohibiting peace officers from taking blood in DWI investigations
HB 446 by Guillen imposing and regulating open-file discovery in criminal cases
HB 463 by Kleinschmidt requiring judgments to include defendants' DOBs and DLs
HB 473 by T. Smith requiring ignition interlocks in all DWI cases
HB 482 by Dutton imposing new requirements on agreed protective orders
HB 487 by Dutton permitting testimony by certain children at protective order hearings
HB 488 by Dutton lowering the standard for obtaining a subsequent death penalty writ
HB 489 by Dutton creating reciprocal discovery in criminal cases
HB 506 by Callegari requiring ignition interlock in all DWI cases
HB 509 by Guillen increasing the fine for reckless driving
HB 512 by Dutton imposing requirements upon consent searches
HB 515 by Dutton requiring the trier of fact to make a family violence finding
SB 295 by Watson increasing penalties for assaulting emergency room personnel
SB 297 by Wentworth authorizing jurors to take notes during civil trials
SB 306 by Huffman requiring court clerks to perfect restitution liens in certain cases

Victim services update

Dallas County Victim Assistance Coordinator Chris Jenkins has discovered several errors in TDCJ's intake system regarding stacked sentences being incorrectly entered as concurrent ones. TDCJ staff has been made aware of the situation, but you and your staff may want to double-check your cases. The TDCJ Victim Services Division toll free number is 800/848-4284, the local Austin area number is 512/406-5900, and the email address is victim.svc@tdcj.state.tx.us. (This is also a good contact number to make sure that Victim Impact Statements have been received.) Don't be shy about following up on your stacked cases-if you don't do it, who will?

Monday, November 8, 2010

Legislators are now filing legislation for consideration by the 82nd Legislature, which convenes January 11, 2011.  Several hundred bills will be pre-filed before that date.  To follow along, use the button links at the top of this page.  (Note that the lists refresh every evening, so no bills will be available on those lists until tomorrow.)

If you know of a bill that has been filed that we are not tracking yet, feel free to contact Shannon and request that we do so.

You can also click on the Twitter link in the upper right-hand corner of the main legislative page to get TDCAA's legislative information in real time.  (This link is for TDCAA members only.)

September 28, 2010

Those of you who attended our Annual Update in South Padre Island and visited with representatives from the Texas Higher Education Coordinating Board (THECB) know that the state's application for loan repayment funds has (finally!) been accepted by the U.S. Department of Justice (DOJ).  Texas has been awarded a grant for the maximum amount available under the federal grant ($701,233).  However, due to the wonders of federal red tape, THECB will not be authorized to obligate or expend any portion of the grant funds until a federal compliance review of the grant budget is completed.

If THECB receives final budget approval before November 15, the application will be posted on this web page on November 15, with an application deadline of January 7, 2011. The THECB has put together a handy summary of the initial program rules, along with additional program information, available HERE.

July 12, 2010

As required by the Department of Justice, Governor Rick Perry has designated the Texas Higher Education Coordinating Board (THECB) to be Texas' administering agency for the John R. Justice Student Loan Repayment Program.  Those of you who have received (panicked) emails about this designation can rest assured that Texas is well on its way to applying for the funds eligible under this program.

TDCAA is working with THECB and the Texas Task Force on Indigent Defense (TFID) to finalize the state's application and submit it later this month.  For more information on this process, visit TFID's information page at http://www.courts.state.tx.us/tfid/JRJprogram.asp.

January 13, 2010

Lt. Governor Dewhurst has publicly released the list of issues to be studied by Senate committees before the 82nd Legislature convenes in January 2011.  For a full list of those issues, click here.