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Update: April 8, 2011

Baseball and spring football rule the roost in April, but this week a young man's thoughts turn to dogwoods, azaleas, pimento cheese sandwiches, Magnolia Lane, and green jackets. Forget conventional wisdom (sorry, Lefty)—we like a foreigner to win the Masters this year, such as Rory McIlroy, Paul Casey, Geoff Ogilvy, or Charl Schwartzel (you read that last prediction here first) ... What's that you say? The Legislature is still in session? Criminy! OK, here's what happened this past week, with a peek forward to next week's agenda of DWI-related bills, a bill to increase hot check collection fees, and a host of bills that may make everyone's list of bad ideas ...

Who let the dogs out?

We may soon have an answer to this question that has remained unanswered since the Baha Men asked it back in 2000 because a rash of let-'em-out-early bills are now being considered by the Legislature. Here's a summary of some of those bills that have been considered, along with the skinny on—and the current status of—each (with early releases and cost avoidance savings stated in terms of the upcoming 2012–2013 biennium):

  • HB 1477 by Allen awarding an estimated 1,700 revoked TDCJ parolees credit for "street time" to accelerate their discharge; projected to save $11.5 million (pending a vote in House Corrections)
  • HB 2352 by Allen expanding early release to mandatory supervision for 9,400 more TDCJ inmates; projected to save $124 million (pending a vote in House Corrections)
  • HB 3538 by Thompson facilitating the early release of 3,000 sick or elderly TDCJ inmates; projected to save $18.5 million (pending a vote in House Corrections)
  • HB 3649 by Otto releasing early 9,000 TDCJ inmates who have less than 1 year or 10 percent of their sentences remaining; that portion of this omnibus bill is projected to save $31 million (pending a vote in House Appropriations)
  • SB 883 by Whitmire includes the same language as Allen's HB 1477 (pending in Senate Criminal Justice)
  • SB 976 by Hinojosa includes the same language as Otto's HB 3649 (already voted favorably from Senate Criminal Justice)

With only a few meager exceptions among your profession, NO ONE is stepping up for public safety and arguing against any of these bills in committee. Not victims groups, not law enforcement agencies, not anyone.  Should that trend hold, we suppose you can take solace in knowing that your future job security will be assured due to no lack of new cases from repeat offenders--but that's cold comfort, isn't it?

Floor recap

This past week, the House passed HB 243 by Craddick (no texting while driving), HB 341 by Fletcher (burglary while evading arrest), HB 371 by Hochberg (no deferred adjudication for certain murderers), HB 1344 by Burkett (display of harmful material to a minor by a parent), HB 1891 by S. Davis (extended time for search warrants of computers, etc.), and HB 2014 by Thompson (human trafficking).

Across the aisle, the Senate approved SB 82 by Nelson (stalking), SB 122 by Ellis (expanded post-conviction DNA testing), SB 153 by Huffman (overruling Ivey v. State), SB 182 by Wentworth (reckless driving penalty), 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 (money-laundering task force).

Committee news

Committees in both houses are hitting their strides now, debating and voting upon dozens of bills each week. Multiply that number by the 50 or so committees now in service and you get a very large number—all of which is our excuse for not being able to include most bills in this list from here on out. If you are interested in a specific bill that you haven't read about in these updates, contact Shannon directly (edmonds@tdcaa.com or 512/474-2436) for more information.

With that said, this past week, House Elections voted out HB 2629 by Branch (honorariums) ... House Criminal Jurisprudence approved HB 3 by Thompson (life without parole for repeat sex offenders), HB 189 by T. Smith (deferred adjudication for certain DWI-1st offenders), HB 227 by T. Smith (exempting certain sex offenders from registration), HB 597 by Madden (criminalizing synthetic marijuana), HB 2118 by Coleman (criminalizing "bath salts"), HB 2482 by Pena (organized retail theft), and HB 2856 by Gallego (reforming asset forfeiture procedures) ... Senate Criminal Justice approved SB 198 by West (exemptions from sex offender registration), SB 407 by Watson (sexting), SB 1055 by Carona ("commitment reduction plans" for probation departments), and SB 1680 by Ellis (evidence in Medicaid/Medicare fraud cases) ... and the Senate's Select Committee on Open Government voted out SB 1269 by Wentworth (honorariums).

Scheduled floor debates

The House calendars for next week don't list many bills of interest to you (although that can change as the week goes on). As of today, the slate of bills scheduled for debate includes HB 1072 by Solomons (waiving State Bar dues for state employees), HB 2294 by Hunter (limiting Declaratory Judgment Act claims), and SB 18 by Estes/Geren (eminent domain). The Senate gives even less notice than the House on bills to be debated, but among those eligible for approval are SB 688 by Nichols (Medicaid fraud), SB 1416 by Hinojosa (tire deflation devices), and SB 1701 by Williams (forfeiture of substitute assets).

Committee hearings

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

Monday, April 11

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

HB 274 by Creighton creating a "loser pays" system in civil actions
HB 482 by Dutton relating to agreed protective orders
HB 484 by Dutton relating to the enforcement by contempt of certain orders
HB 963 by Hartnett relating to costs associated with cruelly-treated animals
HB 1622 by Menendez relating to nuisance suits enjoining gang activity
HB 2329 by Zedler relating to victims of human trafficking
HB 2425 by Thompson requiring notice to OAG of certain challenges to Texas statutes
HB 3121 by Thompson authorizing objections to certain visiting judges
HB 3303 by Marquez prohibiting solitary confinement of certain juveniles
HB 3327 by Woolley limiting the liability of persons who employ ex-cons
HB 3393 by Hughes relating to the filing of an official transcript of a court proceeding
HB 3442 by J. Jackson authorizing certain courts to access juvenile information

Tuesday, April 12 (DWI day!)

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

HB 439 by T. Smith authorizing sobriety checkpoints
HB 473 by T. Smith mandating ignition interlocks for certain DWI-1st offenders
HB 506 by Callegari mandating more ignition interlocks
HB 570 by Dutton removing a DL suspension upon dismissal of the DWI charge
HB 928 by Harper-Brown mandating more ignition interlocks
HB 933 by T. Smith relating to court costs for breath alcohol testing programs
HB 982 by Carter criminalizing the failure to install/ maintain an ignition interlock device
HB 1199 by Gallego increasing the penalty for certain intoxication assaults
HB 3477 by Carter permanently revoking a person's DL upon a 5th DWI conviction
HB 1406 by Riddle authorizing EMTs to take a blood specimen in a DWI investigation
HB 3029 by W. Smith relating to bond conditions for certain DWI offenses
HB 3474 by Gallego relating to the offense of public intoxication
HB 25 by Guillen authorizing the carrying of certain weapons in a watercraft
HB 77 by Flynn authorizing the carrying of certain weapons in a watercraft
HB 152 by Raymond increasing hot check collection fees ($$$)
HB 718 by Fletcher relating to the offense of funeral service disruption
HB 783 by Y. Davis expanding the offense of impersonating a peace officer
HB 921 by Lewis authorizing the reimbursement of certain medical, dental, or health- related services as a condition of community supervision
HB 1063 by Murphy enhancing the penalties for repeat and habitual misdemeanors
HB 1065 by Riddle expanding capital murder of a child to under 10 years of age
HB 1686 by Fletcher relating to the discharge of a surety's liability on a bail bond
HB 1706 by Gutierrez lowering the punishment for the offense of criminal mischief
HB 1919 by Price adding a defense to cruelty to non-livestock animals
HB 2303 by Alvarado expanding CVC Fund eligibility to certain parents of young victims
HB 2344 by Castro relating to the creation of a law enforcement technology fund
HB 2467 by Phillips relating to the discharge of a surety's liability on a bail bond
HB 2577 by S. Miller relating to the unlawful use of a mechanical security device
HB 2858 by Gallego enhancing the penalty for assault against ER hospital workers
HB 2889 by Madden expanding the expunction of certain records and files
HB 2847 by Madden facilitating the use of video teleconferencing systems
HB 3384 by Madden reducing the penalties for repeat and habitual felony offenders
HB 3698 by Gallego limiting adult certifications of juvenile offenders
HB 3478 by Gallego increasing the punishment for criminal mischief involving livestock
HB 3323 by McClendon relating to the standards for attorneys appointed in capital cases
HB 3351 by Turner limiting adult certifications of juvenile offenders
HB 3473 by Gallego creating a defense to prostitution for certain children under age 14
HB 3439 by Raymond relating to missing children and missing persons
HB 2949 by Cook relating to the administration of the collection improvement program
HB 3304 by Marquez creating the offense of exploitation of an elderly individual

House Human Services (1:00 p.m. or upon adjournment, E2.030)

HB 985 by Menendez relating to abuse, neglect, and exploitation in certain facilities
HB 1930 by Zedler relating to the Human Trafficking Prevention Task Force
HB 3206 by Y. Davis treating identity theft as exploitation of an elderly or disabled person

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

SB 462 by West expanding the right to an expunction
SB 604 by Rodriguez relating to the execution of lawful process by county jailers
SB 687 by Huffman relating to interception of wire, oral, or electronic communications
SB 838 by Dan Patrick increasing the penalty for DWI with a BAC of more than 0.15
SB 877 by Hinojosa relating to discharging a surety's liability on a bail bond
SB 878 by Whitmire relating to personal bonds
SB 879 by Whitmire relating to probation departments monitoring certain bond conditions
SB 880 by Whitmire relating to probation departments monitoring pretrial programs
SB 903 by Dan Patrick authorizing deferred adjudication for certain DWI-1st offenses
SB 905 by Dan Patrick expanding defenses to certain concealed handgun license laws
SB 953 by Whitmire relating to occupational licenses
SB 1024 by Rodriguez relating to the prosecution of the offense of theft of service
SB 1076 by Ellis expanding mandatory probation to 3rd-degree felony drug offenses and expanding non-disclosures to all probations
SB 1158 by West expanding non-disclosures to all probations
SB 1331 by Watson relating to criminal offenses regarding the possession or consumption of alcoholic beverages by a minor and providing alcoholic beverages to a minor
SB 1366 by West relating to the regulation and registration of sex offenders
SB 1522 by Hinojosa relating to pleas by a defendant confined in a penal institution
SB 1681 by Ellis appointing counsel in appellate proceedings and probation revocations

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

Not posted when this went to press, visit http://bit.ly/epLirs on Monday for details.

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

HB 161 by Raymond relating to criminal history information concerning DWI offenses
HB 1626 by Flynn relating to electronic reporting databases for over-the-counter sales of ephedrine, pseudoephedrine, and norpseudoephedrine
HB 1536 by Eiland expanding collection of DNA records for the DNA database system
HB 2256 by Phillips abating/deferring DL suspension or revocation for victims of ID theft
HB 2887 by Fletcher relating to the disposition of forfeited property seized by DPS in investigations of violations of the Texas Controlled Substances Act
HB 3383 by Madden authorizing private DNA labs to perform forensic analyses in the investigation or prosecution of certain criminal offenses

Wednesday, April 13

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

SB 373 by Duncan expanding the authority of county treasurers and auditors

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

HB 164 by Raymond relating to a physical and mental examination of a juvenile
HB 1726 by Hernandez Luna expanding the collection of DNA records
HB 1787 by Farias establishing a restorative justice pilot program for juvenile offenders
HB 3365 by White authorizing a warden to provide information to a parole panel
HB 3366 by White allowing state jail felons to "parole" back to court supervision
SB 166 by Shapiro relating to the sex offender civil commitment program