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.