The Special Session kicked off an ominous week where the world lost Ozzy, Theo, and the Hulkster. Let’s hope the rest of the special session will be less tragic. However, after the Lt. Governor’s total ban on THC was vetoed by the Governor, the Lt. Governor did what anyone would do, and he teed up another total ban on THC, but with more lipstick. It looks like their weekly breakfast meetings will be serving eggs and tension.

Putting the “special” in special session

The House convened Monday for 10 minutes and promptly adjourned until Thursday. Ditto for Thursday, adjourning until 10:00 a.m. on Monday. Meanwhile, hearings on redistricting and flood relief were scheduled. The Senate took longer to get themselves sorted out on Monday but then just like Vin Diesel it hit the nitrous oxide button and rocketed ahead, as it usually does. In a nutshell:

• The Senate convened around 1 p.m. Monday.
• While they debated redistricting issues, Senate bills were filed on various topics, including regulating THC, authorizing the AG to prosecute election crimes, and banning so-called “taxpayer funded lobbying.” (More on those below.)
• At 5 p.m. Monday, the Senate postponed all applicable rules to hear those three bills on Tuesday morning at 9 a.m. in the Senate State Affairs Committee.
• Those bills were heard Tuesday morning and voted out of committee unanimously. They are scheduled to be heard on Monday, July 28, by the entire Senate where they will likely be voted out and sent to the House. 

SB 5: THC

The bill to ban most forms of THC was refiled in this special session as SB 5 by Perry (R-Lubbock). This sequel to SB 3 from the regular session is very similar to that vetoed bill but includes new carve-outs for various agricultural products and certain interstate commerce practices. Whether those changes are enough to appease the governor’s concerns remains to be seen. Kaufman County Criminal DA Erleigh Wiley testified in support of the bill, along with other law enforcement representatives. After several hours of testimony, the bill was approved by the Senate State Affairs Committee. It now awaits a floor vote (July 28), then it’s off to the House.

SB 11: Election crime prosecutions

The bill to authorize the AG to unilaterally prosecute Election Code crimes after six months of inaction by a local prosecutor was refiled as SB 11 by Hughes. This idea died twice in the House during the regular session as SB 1026 by Hughes and HB 5138 by Shaheen. It was laid out by the chairman, the committee heard minimal testimony (and none that was new), and then the bill was approved. It will be brought to the Senate floor on July 28.

SB 12: Taxpayer funded lobbying

The bill to take yet another crack at stopping certain groups from participating in the legislative process was refiled as SB 12 by Middleton. This bill is similar to SB 19 from the regular session, which ultimately died in the House after being amended in the Senate in a manner that made clear that it did not apply to a group of organizations that included TDCAA; however, that was contrary to its author’s wishes. The language in SB 12 starts anew without that amendment, but it does have one change: It specifically does not apply to organizations that solely serve sheriffs or law enforcement officers. (Lucky them.) Like the bills above, the committee heard very little new in the way of testimony and then passed it on to the full Senate for consideration on July 28.

The irony of a bill designed to limit the input of local officials being fast-tracked in this manner to … well, limit the input of local officials … is the kind of thing we love about the Texas legislature. You really can’t make it up.

Next week

Because this is a special session, advanced notice on many happenings will be rare. That is not a bug in the system, it is a feature—and one that legislators will take full advantage of when they want to avoid or short-circuit dissent. Prepare accordingly as both chambers meet on Monday. 

Quotes of the Week

​​“I’m proud to be from the [Rio Grande Valley], and I’m proud to say that in the RGV, people vote for the person, not the party.”

—Tejano superstar Bobby Pulido discussing his possible congressional bid in South Texas to challenge Rep. Monica De La Cruz, R-Edinburg

“Your periodic reminder that, in claiming his innocence, Roberson said *in writing* that the woman he was sleeping with spiked Nikki off the floor and then they went back to sleep. She didn’t die of pneumonia.”

—Representative Mitch Little (R-Lewisville) commenting on the new execution date set for Robert Robertson.  

“That means a person could be immune not only for acts of prostitution that are linked to their own prior victimization, but also for raping a child, murdering a law enforcement officer, or engaging in acts of terrorism.”

—Governor Greg Abbott discussing his veto of SB 1278 that will be brought back for discussion during the special session. SB 1278 provided legal protections for human trafficking victims coerced into crimes during their captivity.

“This is turning Texas into a nanny state. This is about the alcohol lobby and the pharmaceutical lobby. You want to talk about poison. Pharmaceuticals are the poison.”

—Mitch Fuller, a representative for Texas VFW, testifying against Senate Bill 5, the newest proposed ban on THC.

“We will regulate it by banning it because we have tried regulation.”

—State Sen. Charles Perry (R-Lubbock), author of SB 5, during Tuesday’s Senate committee hearing on the bill.

Special Session

Governor Abbott controls the overtime legislative sessions and has set the focus on the tragic Hill Country floods. Lawmakers are tasked with passing laws concerning flood warning systems, emergency communications, natural disaster preparation, and relief funding for impacted areas.

However, the agenda does not stop there. There are 18 agenda items for the upcoming special session that begins at noon on Monday, July 21. A special session can last no longer than 30 days, and lawmakers are supposed to focus on the governor’s agenda. Undeterred by the rules, though, lawmakers have already promised to file bills important to them and their districts or refile bills from the regular session that never made it across the finish line. Everything has to start anew, meaning the bill numbers will change, but the battle lines will not.

The agenda items that we will most closely monitor are:

Regulate hemp-derived products / Protect children from THC: The most controversial bill to be reconsidered may be Senate Bill 3. That all-out ban on consumable hemp and THC products, which we outlined here, was vetoed by Governor Abbott. The Legislature must now create a law that will appease the Lt. Governor, who has promised to outlaw THC products, and at the same time appease the Governor, who wants THC regulated more like alcohol. Lt. Gov. Patrick readily acknowledged this Catch-22, stating, “He (Governor Abbott) has now put us in a box.” Can lawmakers thread that needle with the perfect bill? Ask us again in mid-August. 

State Judicial Department: Senate Bill 2878 was vetoed by Governor Abbott but it is on the agenda. It was an omnibus bill that creates new courts, new district attorney offices, new punishment enhancements, and various other changes. Lawmakers are tasked with removing the policy in the bill that allowed automatic expunctions for completing pretrial intervention programs. A bill this large is like a cruise ship that lawmakers like to put their own bills on as stowaways. We will keep you posted to what gets added or taken away from this bill as it starts its voyage anew. 

Protect human trafficking victims: Senate Bill 1278 would have created an affirmative defense to prosecution for victims of trafficking or compelling prostitution. Governor Abbott stated the bill went too far and that he preferred a more narrowly tailored piece of legislation. It will be up the author, Senator Tan Parker, to carve out specifics for victim status to be used as a defense to criminal charges. 

Police personnel records: SB 781 and HB 2486 were priority bills for CLEAT that will have another chance at passing during the special session. The bills would create a uniform confidentiality standard for law enforcement personnel files. The bills aim to prohibit public disclosure of unsubstantiated complaints in personnel files. It is unclear how these bills would align with Brady and Giglio requirements, but amendments to address that issue were tacked onto SB 781 near the end of the regular session, so let’s hope those survive re-filing.   

Attorney General election powers: A handful of joint resolutions filed during the regular session to give the Attorney General the ability to prosecute voter fraud were never debated in the regular session but will now get another chance at passing. A constitutional amendment would require support from two-thirds of both chambers and then voter approval in a statewide election. Attorney General Paxton campaigned and was successful in removing three of the justices that ruled against his ability to prosecute election crimes, but the odds of finding 100 votes in the House for such a joint resolution are still slim. That may be possible in a special session only due to horse trading, threats, or both; we’ll see which the governor chooses. But perhaps the key takeaway from this topic being added to the call of the special session is that it confirms this as something personally important to the governor, not just the current attorney general.

Ban taxpayer-funded lobbying: Senate Bill 19, which prohibited political subdivisions from using public funds to hire registered lobbyists or contribute to organizations that engage in lobbying activities, will also get another chance at life. Senator and Attorney General candidate Mayes Middleton authored this bill that never made it out of the House. The bill was a Lt. Governor priority that left the Senate with an amendment by Senator Robert Nichols, who has since announced his retirement, that carved out an exception for nonprofit organizations similar to TDCAA. Whether the governor’s preferred version will include that carve-out is unknown.

As if this is not enough, the Legislature is also tasked with redrawing Congressional maps to comply with President Trump’s directive to increase the Republican majority in Congress. This process usually attracts congressional members to the Texas Capitol building as they campaign to protect their districts and future political careers. There is already a lawsuit concerning the Texas Congressional maps, and all testimony and actions concerning redistricting is fair game for evidence in the eventual lawsuits. 

Again, all this must be completed within 30 days. We will keep you posted with weekly updates as events unfold and try to make it all make sense, but do not be surprised when the next special session gets announced. 

Suzanne McDaniel Award

We are currently accepting nominations for this award to recognize a staff member who has gone above and beyond the call of duty to deliver victim services. More information is available here. Please email Jalayne Robinson with your nominations or questions. Nominations must be received by Friday, July 25, 2025.

DPS Crime Lab notice on “total THC”

All of you should have received a customer notification from the director of the DPS Crime Laboratories about their new protocol for reporting THC quantities in vape cartridges. To make a long story short: Their testing process may turn THCA into THC, so the resulting quantity will be “total THC” even though THCA may not be illegal under Texas’s current laws. This problem could have been resolved had SB 3 become law, but the veto of that THC ban has put the issue back in play (as mentioned above). Whether or how the legislature will address it (again) during the special session is unclear. For now, be aware that this presents yet another evidentiary impediment to prosecution of small-quantity vape cartridge cases in your jurisdictions, as well as concerns about past cases already resolved using this testing method.

DPS Crime Lab portal rules

Also from our friends at the DPS Crime Lab are new administrative rules governing the still-under-construction Crime Laboratory Records (CLR) Portal. Those rules can be found in this PDF excerpt from the June 27, 2025, issue of the Texas Register, pages 55–58. One key change made by the agency in response to public input was to narrow a prosecutor’s duty under the rules to “identify at least one contact in the [prosecuting] attorney’s office to designate and keep up to date the person(s) authorized to access the portal under Government Code §411.162.” The proposed version of that rule would have required prosecutors to “maintain up-to-date portal access to defense counsel and others,” a much broader potential duty. Thank you to 106^th Judicial DA Philip Mack Furlow and his staff for providing that input on behalf of all of you, and thanks to the agency staff for taking constructive feedback and adopting it.

Conference registrations now open!

Registrations are now open for our Annual Criminal & Civil Law Conference, our online Legislative Update, and several in-person Legislative Updates. Visit our training webpage for additional information.

Vetoes

Governor Abbott signed 1,155 bills into law. The list included SB 293, which means pay raises go into effect on September 1, 2025. (For more details about what that means in practice, read our prior summary.) Congratulations! It is well deserved. 

Governor Abbott also vetoed 28 bills including 13 different bills that we were tracking for you. (More on a couple of those below.) The most notable veto for the public was Senate Bill 3, an all-out ban on all consumable hemp and THC products, which we outlined here. It was a Lt. Governor priority and was backed by law enforcement. Abbott waited until late last night to veto the all-out ban. He stated that he preferred to see THC regulated similar to alcohol and laid out what that might look like in a four page veto proclamation.

Lt. Governor Patrick held a press conference today in response to the veto and stated that he was “puzzled” by the veto, especially because he claims the governor told him the bill would not be vetoed. He also took issue with the last-minute unilateral action and with varying aspects of the governor’s reasoning. In conclusion, Lt. Governor Patrick claimed that the governor’s regulation plan would result in legalizing recreational marijuana for adults in Texas, and he will not allow such a law to pass the Senate. Only time will tell if the rhetorical temperature on this topic cools down or stays heated this summer.

Special session

What happens next? The vetoed bills are dead, but Governor Abbott called for a special session to begin on July 21, 2025, to address various issues from some of those vetoed bills (such as SB 3) and to give the legislature another chance to pass them in a more agreeable form.

What is a special session? Only the Governor may call a special session, which can last no longer than 30 days and is supposed to be limited to the topics designated by the Governor. Do not worry though. Lawmakers still file hundreds of bills that are not on topic to that special session agenda. Those off-topic bills have their own built-in kill switch that any single lawmaker can push with a point of order, but bills not “on the call” of a special session can still pass if no legislator objects.

Governor Abbott put six topics on the initial agenda for the special session. In addition to regulating consumable hemp products, other bills (which the Governor vetoed) that we will be closely tracking include:
Senate Bill 1278: Relating to an affirmative defense to prosecution for victims of trafficking of persons or compelling prostitution.
Senate Bill 2878: Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.

Senate Bill 2878 was this session’s 139-page omnibus courts bill. Governor Abbott stated that most of the bill should become law but there are policy decisions in the bill that need to be excluded, including automatic expunctions for completing any pretrial intervention program. For now, the result is that the new courts, new district attorney offices, new punishment enhancements, and various other changes in that huge bill are all dead.

Governor Abbott released his initial list of issues for the special session, but he can add any topic to the special session agenda at any time. Other rumored topics include redistricting (to help create more Republican seats in Congress), an abortion pill ban, a taxpayer lobbying ban, and anything else that might be helpful in an election year that will have all statewide positions up for grabs. We will keep you posted as this is a fluid situation.

Never a dull moment under the Big Pink Dome! 

Terminado, fini, fertig, finito or just Sine Die. The 89^th Legislative Session is over and now we wait to see which bills made the long treacherous journey to the governor’s desk just to feel the cold stamp of a veto. It is a cruel world for all those bills dreaming of becoming law. Lawmaking is not for the faint of heart or weak of stomach.

Raises

Let’s not bury the lead. Raises could be on their way to elected prosecutors! If you have not been paying attention, then you missed out on the lawmakers’ last-second heroics to pass a judicial pay raise. SB 293 increases the judicial benchmark salary from $140,000 to $175,000. That’s a $35,000 raise (25 percent). If that significant increase avoids a gubernatorial veto, it will take effect on September 1, 2025. We broke down the math earlier this week. Please reach out to Shannon if you have further questions on how this raise affects your salary. 

Session for the ages

The legislative session began with over 9,000 bills trying to become law. After 140 days, the lawmakers sent just over 1300 bills to the governor’s desk. Governor Abbott has until June 22 to veto any bills that he does not want passed into law. Any bill that the governor does not sign or veto will pass into law on June 22, and most will go into effect on September 1. Governor Abbott vetoed 76 bills last session. The passage rate for bills this session was just under 14% compared to the historical 20% passage rate of bills. It goes to show that this session was an extra difficult gauntlet to overcome to pass bills. The legislators also passed 17 constitutional amendments that will be on the November ballot, the highest number of amendments since 2003.

Bail reform passes

SJR 5 by Huffman will be one of the constitutional amendments on the November ballot. SJR 5 would allow judges to deny bail to people accused of certain violent crimes. The House added amendments to include the right to an attorney at those no-bail hearings and to require that the State offers proof that a defendant is a public safety or flight risk. Those amendments helped gain the elusive Democratic votes needed to pass a constitutional amendment (which requires 100 votes in the 150-member House). The governor praised the work of the legislature in passing SJR 5 at a signing ceremony in Houston this past week. SJR 5, if passed by the voters, will take effect after that vote is officially canvassed and accepted by the Secretary of State (usually sometime in late November or early December).  However, there will be other bail reform measures that will be law in September 2025. SB 9 by Huffman is the omnibus bail reform-enabling legislation for that joint resolution that also serves as a “clean-up” bill for the major bail reform legislation that passed in 2021 as SB 6, aka the Damon Allen Act. This new legislation revises the public safety report (PSR) system, limits appointed magistrates’ authority to set or reduce bail, limits personal bonds for more types of crimes, clarifies the process for prosecutors to appeal allegedly insufficient bail, and makes lots of other changes. SB 40 by Huffman prohibits the use of public funds by political subdivisions to pay a nonprofit organization for depositing bail money on behalf of defendants. It also allows residents the right to seek injunctive relief if these restrictions are violated. And HB 75 will require any finding of no probable cause at magistration to be made in writing and include the reasons for that finding in the court record.

ABCD bills summary

The legislators thought of many ways to task other officials with prosecutors’ constitutional duties this session, but only one passed on to the Governor’s desk.
HB 45 by Hull (OAG prosecution of human trafficking after 180 days of inaction by local district attorney).
Below is the non-exhaustive list of “ABCD” bills that died in the gauntlet of the legislative process (thanks in part to local prosecutors educating the legislators on the real world effects of these bills!). 
SB 2384 by Hughes (creation of regional district attorneys)
HB 933 by Spiller and its Senate companion is SB 1210 (SCOTX > CCA)
HB 2309 by Villalobos (OAG forfeitures in human trafficking and other crimes)
HB 5138 by Shaheen (OAG prosecution of election crimes)
HB 5318 by Louderback (OAG prosecution of certain public order crimes)
SB 16 by Hughes (OAG prosecution of new crime of illegal voter registration)
SB 1367 by Hughes (SPA as statewide trial prosecutor)
SB 1861 by Hughes (CCA appointment of special prosecutor)
SB 2743 by Hagenbuch (OAG prosecution of election crimes upon removal of local prosecutor)
And let’s not forget HB 3664, the grand jury reform bill that took multiple different forms during the session as its main proponent repeatedly sought to push something, anything over the finish line despite uniform opposition from prosecutors. Ultimately, that problematic bill died along with the others mentioned above. However, don’t be surprised if one or more of these ideas come up again as legislative study topics during the interim or as future bills next session.

Veto period

We are now in the 20-day veto period that ends on Sunday, June 22, 2025, as mentioned earlier. If you want more information on how to contact the governor’s office to request that he sign or veto a bill, contact Hector for those details. Our next newsletter from Austin will update you on what got axed by the governor’s pen and what new laws take immediate effect (before September 1, 2025).

Quotes of the week

“I told you I was coming for the pimps! I’m going to take their money, and I’m going to give it to the people they’ve been running over.”
—Representative Senfronia Thompson (D-Houston) while introducing an amendment to SB 2167 that would take funds recovered during human trafficking investigations at massage establishments and place them into an account used to combat future human trafficking.

“Are you aware that my dad worked for Oscar Meyer Weiner for 25 years and drove the Oscar Meyer Weinermobile?”
—Representative Jeff Leach (R-Plano) responding to questions on the House floor from Representative Erin Zwiener (D-Driftwood).

“I have never gone back and forth as much between the House and the Senate in one day as I have today.”
—Senator Jose Menendez (D-San Antonio) discussing the debate between both chambers regarding the link between judges’ pay and lawmaker pensions hours before the end of the legislative session.

“And now that we’ve all fought, each other and together, we all know that we’re one House. And if we remember that, we close the historic 89^th session today with an eye towards an incredible 90th session ahead. And on behalf of the members of the 89^th Legislative Session, Mr. Speaker, we thank you. Mr. Speaker, I move that the House of Representatives of the 89^th Legislature Regular Session stand adjourned, Sine Die.”
—Representative Joe Moody (D-El Paso) making the motion to adjourn the 89^th Texas Legislature in the Texas House of Representatives, Sine Die.

###

The dust is still settling from a crazy final weekend of the 89th Regular Session, but we wanted to pass along this information ASAP. More details about the rest of the legislature’s work will follow in coming weeks.

Judicial pay bill passes!

Well, that was fun, wasn’t it? Can you believe that the very last act of the 89^th Legislature was to pass a judicial branch pay raise? (And a retirement bump for themselves, of course, but that’s a story for another time.) Late session drama aside, the headline is that SB 293 by Huffman/Leach passed late yesterday afternoon and is now on its way to Governor Abbott’s desk. If the bill avoids his veto pen, it will take effect on September 1, 2025.

As finally passed, SB 293 will increase the judicial benchmark salary from $140,000 to $175,000. That’s a $35,000 raise (25 percent). And it’s a rising tide that lifts many different boats in the judicial seas, but to differing degrees. Let us break down how we understand the impact of SB 293 for both felony and non-felony elected prosecutors with a helpful chart to start:

SENATE BILL 293 SALARY COMPARISONS

Current Salaries (FY 2024–25)

DISTRICT ATTORNEYS (Tex. Gov’t Code §§46.003 and 659.012)

COUNTY ATTORNEYS (Tex. Gov’t Code §§46.0031 and 659.012)

SB 293 Salaries (FY 2026–27)

DISTRICT ATTORNEYS

COUNTY ATTORNEYS

Now, for a more detailed analysis.

For Elected Felony Prosecutors (DAs, CDAs, And C&DAs)

BASE PAY: The SB 293 increases will apply to all elected felony prosecutors in the Professional Prosecutors Act (PPA). There are only three elected felony prosecutors who are *not* in the PPA (which allows them to engage in the private practice of law), and they already know who they are, so you don’t have to ask—if in doubt, you are in the PPA.

TIERS: The current salary increases after four and eight years of service, as enacted by HB 2384 (2019), still remain. Thus, the state salary for a DA with at least four full years of service is 110 percent of the new benchmark salary ($192,500). After eight years of service, that DA will receive 120 percent of the new benchmark salary ($210,000). And after 12 years of service, the judicial longevity pay that was extended to DAs last session increases the state salary by another 5 percent ($220,500).

LOCAL SUPPLEMENTS FOR DAs: The claw-back provision in statute still exists under SB 293, but at a higher figure. Under SB 293, tiered salary increases from the state may be phased out for DAs who receive county supplements that exceed $25,000. (That is the new maximum local supplement a district judge may receive under SB 293, increased from $18,000.) As a result, some DAs may not receive the full state salary increases described above depending on a combination of their tenure and their local county supplement due to this “donut hole” or “dead zone” that some of you are familiar with. But in the abstract, this is another potential salary increase of at least $7,000 that is available to some of you.

RETIREMENT: This was the curveball at the end of the session. The key takeaway is that retirement payments for all DAs, past and future, will be linked to their salary at retirement, and there will be no automatic COLAs (cost of living adjustments) or automatic increases when judicial salaries are raised in the future.

The general formula for determining an Employees Retirement System (ERS) Elected Class retirement benefit is:

(years of service) x (2.3%) x (judicial benchmark salary)

That last factor has changed over the past few sessions. Here is how SB 293 impacts DA retirements in practice:

• DAs who retired prior to 9/1/2019: No impact; still calculated off a benchmark salary of $140,000.
• DAs who retired (or will retire) from 9/1/2019 through 8/31/2025: No impact, still calculated off the state salary of a district judge with comparable years of service at the time of retirement based on the tiers created by HB 2384 back in 2019. Due to vesting requirements, that will be $168,000 for most of those retirees.
• Future DA retirees (9/1/2025 and forward): DAs retiring on or after September 1, 2025, will receive benefits calculated using the new SB 293 numbers for a district judge with comparable years of service at the time of retirement. Vesting requirements will set that number at $210,000 for most of them.

Some other points to note about retirement under SB 293 are that, first, the bill freezes retirement amounts due to the adverse actuarial impact that the retroactive application of new raises would have on the state’s bottom line. (It would cost the state tens or hundreds of millions of more dollars every year to raise those benefits.) In other words, the salary on the day that a DA retires will generally be used to determine what that retiree receives going forward with no COLAs or raises. This is a change from prior law, but it matches how everyone else in the ERS system will be treated going forward, both elected and employee class members.

That said, SB 293 does leave open the possibility that a future legislature could change that policy or authorize other bonuses like the “13^th check” that are sometimes issued to retired teachers. Also, the end-of-session kerfuffle over increasing legislators’ retirement led to a compromise in which legislators’ benefits will no longer be linked to the judicial benchmark salary after SB 293 takes effect. That linkage—and the appearance of enriching themselves—has been the main obstacle to more frequent judicial pay increases. Now that legislators’ retirement benefits will be delinked from future changes in judicial pay, many observers think more frequent pay raises are possible.

OK, that should answer most initial questions for elected felony prosecutors. But what about non-PPA prosecutors who do not have felony jurisdiction? Don’t worry, there’s something for those county attorneys in SB 293 too!

For Elected County Attorneys (no felony jurisdiction)

STATE SUPPLEMENT: The county attorney supplement formula remains the same but will be based on the new benchmark judicial salary of $175,000. Because that formula 1) varies from one-half to one-sixth of the benchmark salary depending upon the number of counties within the local DA’s jurisdiction, and 2) is based upon a CA’s years of service, we cannot provide more specific details here other than to say that SB 293’s 25-percent increase will raise all boats proportionally. (See the charts above for those ranges.) Note also that the benchmark salary cap at which excess supplement funds must be re-directed from a CA’s salary to general office expenses will also rise by 25 percent under SB 293, and that may result in even higher take-home pay.

Conclusion

This summary is our attempt to answer some of the most likely initial questions TDCAA members may have about the impact of SB 293. However, the dust has barely settled from the session and, as always, ERS and the Comptroller’s Judiciary Section will be the ultimate arbiters of all new salary and retirement figures. You are welcome to call or email Shannon for answers to more specific questions, but you might also consider waiting a few weeks and then contacting those agencies later this summer for expert advice on the application of this new law to your specific situation.

Thank you to everyone who dedicated their time and efforts to help your fellow prosecutors get a much needed raise this legislative session. A very special thank you to everyone who helped snatch victory from the jaws of defeat this past weekend. You never gave up! Our justice system will be stronger as SB 293 helps to keep good people on the bench and in our profession and also attract top talent in the future. Please show your appreciation to your local legislators who fought for this raise all the way to the last minute of the 89^th Legislative Session. It is not always pretty but a win is a win, and this is a big win! 

‘Twas the night before Sine Die, when all through the capitol
Neither chamber was budging, not even a little.

The judges and prosecutors watched their live feeds with care
In hopes that a pay raise soon would be there ….

Judicial branch pay (SB 293)

As most of you know, last Friday SB 293 was one. vote. away. from going to the Governor’s desk to become law. And then … it wasn’t.

At face value, the impasse between the House and Senate is about whether their retirements should or should not be linked to the judicial pay increase. On the other hand, decisions in the waning days of a grueling session often come down to interconnected “inside baseball” political calculations that make little sense outside the pink dome. However, just because those factors aren’t important (or are incomprehensible) to voters outside the capitol doesn’t mean those considerations are not very, very important to legislators working under that dome. And so, here we are. Two competing sides, dug in and pointing fingers over arcane parliamentary rules that are also a proxy for larger disagreements. As we often remind people, just because there is a good reason for something to happen at the Lege doesn’t mean that is the real reason it happens.

The two chambers only have about 40 bills still in play on this last day of legislative action. Tomorrow’s sine die proceedings are entirely ceremonial under the rules of both chambers, so if something doesn’t get worked out by tonight, the game is likely over. And with the lack of business left to be resolved, either chamber could adjourn this afternoon without resolving the SB 293 issue. Therefore, your action item (if you choose to engage on this topic) is to encourage legislators in both chambers to do whatever it takes to get the judicial pay raise across the line, in whatever form they can work out. Explain to them what you see as the real world consequences to the justice system of not passing a judicial pay raise.

Both chambers are re-convening soon, time is of the essence and there is no tomorrow for this issue.

Our next update will occur as events warrant.

Update (6/1/25 – 7:30pm, 8:20pm)

The Senate and then the House both appointed members to an out-of-time conference committee to hammer out a late compromise. The House adjourned this evening without a conference committee report (CCR) being published, but we believe one is in the works. The Senate continues to work on the floor has also adjourned. Both will return to work Monday morning.

We very intentionally said above that “if something doesn’t get worked out by tonight, the game is likely over” and that “likely” is going to do a lot of work right now. The rule against doing any substantive work on Day 140 (Monday) can be suspended upon a 2/3rds vote, so that may be the plan for getting this done tomorrow (if at all).

Keep checking back for more updates as they happen.

Judicial pay raise passes (update!)

The Senate and the House, after suspending the rules, both voted out the Senate Bill 293 conference committee report (CCR), which authorizes the judicial pay raise along with judicial accountability measures. It was a last-minute conference committee meeting and the vote happened in the very last few minutes of the 89^th Texas Legislative Session.

At this time, the official language is not published but we will update soon. The basic premise is that the base judicial pay is $175,000, the legislators’ pensions are no longer linked to judicial pay, and the Texas Ethics Commission will decide legislator pension increases beginning in 2030.  Thank you for sticking with us to the very last moments of the Texas Legislative Session. It has been one for the ages.

All good things must come to an end and thankfully all bad things as well. The last days of the school year before summer break mean it is time to sell back your books, say goodbye to friends, move out of your rental, and get ready to head back home. So it is with the legislature too. It is a time of mixed emotions as lawmakers try to assess their successes and failures during the session. They are still holding their breath these last few days to make sure their bills go through to the governor and avoid a veto. Sine die or bust!

Judicial branch pay update

Some great news to share on the judicial branch pay raise bill: It is one step shy of being on the governor’s desk! Earlier this week Rep. Jeff Leach (R-Plano), the House sponsor of SB 293 by Huffman (R-Houston), amended that bill with compromise language worked out between the two chambers. We’ll spare you the “judicial accountability” details that were the primary hold-up; the big news for elected prosecutors is that SB 293 increases the judicial benchmark salary from $140,000 to $175,000. That’s a $35,000 raise (25 percent). If that significant increase avoids a gubernatorial veto, it will take effect on September 1, 2025. Once everything is done and dusted in a few weeks, we will provide more specific details so you can plan accordingly. Until then—nobody move, nobody breathe!

Grand jury update

The Senate Criminal Justice Committee convened an impromptu meeting late Wednesday night to vote out HB 3664, the grand jury reform bill. These pop-up committee meetings happen frequently at the end of the session to push out last-minute bills. The new HB 3664 would prohibit re-presentation of a no-billed case absent new, material evidence unknown to the State at the time of the previous presentation; require prosecutors to sign an affidavit that all known Brady evidence was presented to the grand jury; and require all grand jurors to go through training before hearing cases. However, the bill left the committee after the deadline to make the final Senate floor calendar. The only way the Senate could hear the bill would be for four-fifths of the Senate to vote to suspend the rules. Prosecutors from across the state as well as victims’ associations blew up senators’ phones to not suspend the rules. The message was clear to the Senate, and HB 3664 died in the on-deck circle. However, nothing is ever completely dead until the legislature adjourns sine die on Monday, so we will remain vigilant.

THC is illegal in Texas … maybe

Lt. Governor Patrick held a press conference to celebrate the passing of Senate Bill 3. Patrick was flanked by law enforcement officials, 106^th Judicial DA Philip Mack Furlow, and Collin County Criminal DA Greg Willis. Patrick was hoping to show Governor Abbott how important the bill is to the law enforcement community. The hemp industry has been advocating for a veto from the governor in a last-ditch effort to keep the industry alive in Texas. The only other avenue short of a veto is a lawsuit to challenge the validity of Senate Bill 3. 

The bill establishes:
1. New third-degree felonies for the manufacture, delivery, or possession with intent to deliver consumable hemp products containing cannabinoids other than cannabidiol (CBD) or cannabigerol (CBG).
2. A Class B misdemeanor for selling consumable hemp products to individuals under 21, with provisions requiring proof of age.
3. A Class A misdemeanor for possession of certain consumable hemp products.
4. A Class B misdemeanor for the manufacture, distribution, or sale of consumable hemp products for smoking.
5. A Class B misdemeanor for selling consumable hemp products near schools.
6. A Class A misdemeanor for providing consumable hemp products via courier, delivery, or mail.

Bail

The Texas Legislature, especially Senator Joan Huffman (R-Houston) and Governor Abbott, were able to pass bail reform this legislative session after failing the last three sessions. Some Democratic House members joined their Republican colleagues to even pass a constitutional amendment.
The bills that passed:
SJR 5 by Huffman proposes a constitutional amendment that would allow judges to deny bail to people accused of certain violent crimes. The House added amendments to include the right to an attorney at bail hearings and that the State offers proof that a defendant is a public safety or flight risk. The amendment helped gain the elusive Democratic votes needed to pass a constitutional amendment (which requires 100 votes in the 150-member House). The Governor praised the work of the legislature in passing SJR 5 and will likely have a signing ceremony. The amendment would then go to the public for a vote in November.
SB 9 by Huffman is the omnibus bail reform-enabling legislation for that joint resolution that also serves as a “clean-up” bill for the major bail reform legislation that passed in 2021 as SB 6, aka the Damon Allen Act. This new legislation revises the public safety report (PSR) system, limits appointed magistrates’ authority to set bail or reduce bail, limits personal bond for more types of crimes, clarifies the process for prosecutors to appeal allegedly insufficient bail, and makes lots of other changes.
SB 40 by Huffman prohibits the use of public funds by political subdivisions to pay a nonprofit organization for depositing bail money on behalf of defendants. It also allows residents the right to seek injunctive relief if these restrictions are violated.

The bills that did not pass:
SJR 1 by Huffmanwould have denied bail upon a finding of probable cause that an illegal alien committed one of 20 types of felonies. SJR 1 could not get the 100 House votes even after floor amendments that would carve out DACA recipients.
SJR 87 by Little required bail denial for certain repeat offenders but also fell short of getting 100 votes in the House. House sponsor Rep. Mitch Little (R-Lewisville) vowed to bring SJR 87 back stating, “I’ll lay this resolution out again tomorrow, or this summer, or this fall, or this winter if I have to.”

ABCD bills

The latest status of bills to make Anyone But Current DAs a front-line prosecutor in your jurisdictions:
HB 45 by Hull (OAG prosecution of human trafficking) has been sent to the governor.
HB 3711 by Capriglione (investigation and prosecution of open meetings offenses) is a new addition here. It was changed last week to insert new provisions requiring local prosecutors to cooperate with demands from OAG’s open government lawyers and post online the reasons for a refusal or dismissal of a prosecution referred to the prosecutor. That bill has likewise been sent to the governor.
HB 5138 by Shaheen (OAG prosecution of election crimes) was changed last week from an HB 45-style grant of jurisdiction after six months to immediate concurrent jurisdiction, Stephens opinions notwithstanding. That new language was not approved by the House, so now the bill will go to a conference committee to hash out the differences.
All the dozens of other “ABCD” bills we discussed in this space this session fell short of the finish line, barring some miraculous resurrection in a conference committee in these next few days. What is a conference committee? Glad you asked.

Conference committees

The last steps for several bills during the legislative session will include being negotiated in a conference committee. A conference committee is made up of five members from each chamber, and it is formed to work out the differences in the language of a bill between the House and the Senate. A conference committee’s role is limited and can address only parts of the bill with which they disagree. They cannot change other sections or add new content unless both chambers approve an “out of bounds” resolution. Once an agreement is reached, the committee submits a conference committee report. This includes the new language, a side-by-side comparison with the original House and Senate versions, and signatures from at least three conference committee members from each chamber. The full House or Senate cannot amend this version of the bill but must vote to accept or reject the final language as-is. If no agreement is reached, the bill dies. If both chambers approve the compromise, then the bill is sent to the governor, who can sign it, veto it, or let it become law without a signature.

Final Days

Sine Die, the fancy way of saying the last day of session, is on Monday, June 2, 2025. The rest of this weekend leading up to sine die, lawmakers will concur on bills and work through their conference committees. We will publish an 89^th Legislative session wrap up newsletter next week and then we will watch to see what the governor vetoes or signs into law. Sunday, June 22, is the last day for him to do that. The Governor does not need to sign bills into law; bills can become law without his signature. We will also put out a post-veto wrap up newsletter, and then we will go back to our regular programming of a monthly newsletter.

Quotes of the week

“Members, this is a big bill, and it’s one that your judges deserved and worked hard for and waited too long for.”

—Representative Jeff Leach (R-Plano) while laying out SB 293 which gives judges and elected district and county attorneys a 25-percent raise.

“If one person is killed by someone out on bail during this interim, there will be blood on the hands of those who opposed this measure. I pray that the bail reforms we have already passed will be enough to protect our communities.”

—Representative Jay Lozano (R-Kingsville) admonishing his colleagues who voted against SJR 87 on X.

“Whether it’s in my area, in Fort Worth, or in Dallas, or here where we are in Austin, everybody knows that these homeless camping restrictions have not been enforced.”

—Representative Giovanni Capriglione (R-Southlake) in The Texas Tribune explaining the need for Senate Bill 241, which would have forced Texas cities and counties to intensify the enforcement of the statewide ban on homeless encampments. Capriglione withdrew the bill to avoid a long debate but vowed to bring it back next session.

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There are only nine days left in the 89^th Legislative Session. All the big, beautiful bills know that final call is about to be announced. They want to go to a place where everyone knows their name and are always glad they came (also known as the Governor’s Desk). Cheers to everyone fighting for their bills and priorities all the way to closing time.

End of session calendar

After midnight on Wednesday, May 28, any bill not passed by both chambers in some form is dead. After that, it’s just conference committees and clean-up for the final five days. Both chambers will work sporadically through the holiday weekend and then late into the night Tuesday and Wednesday. And now you know why everyone you talk to in Austin is so grumpy and tired!

Judicial branch pay update

The good news is that SB 293 by Huffman/Leach (judicial pay and accountability) was voted from the House Judiciary Committee as substituted and is now on the House calendar for Saturday. The bad news is that the tl;dr summary of the new version is “higher salary, less accountability,” and that is a non-starter in the Senate.
At this late stage, here are possible outcomes:

• SB 293 passes the House in that current form, the Senate agrees, done deal, huge raise, little judicial accountability. (LOL just kidding—this is not happening.)
• SB 293 passes the House, the Senate disagrees with the changes, and the bill dies without a conference to work out the differences (see., e.g., 2023 session). RESULT: NO RAISE.
• SB 293 passes the House, the Senate disagrees with the changes, the two chambers go to conference to work out their differences, but they can’t come to an agreement and it all dies. RESULT: NO RAISE.
• SB 293 fails to pass the House (point of order, runs out of time, lacks votes, quorum break, act of God, etc.). RESULT: NO RAISE.
• SB 293 passes the House, Senate disagrees with the changes, the two chambers go to conference to hash out their differences on pay and accountability, some horse-trading occurs, and they come to an agreement that passes into law. RESULT: A RAISE?

Keep an eye on SJR 27 (judicial conduct and sanctions) as well. That proposed constitutional amendment is also on the House calendar for Saturday and could be a piece of the puzzle to any final solution—a failure to clear the 100-vote threshold would be problematic. So, that’s where things are with SB 293. Barring a dramatic change to the bill on the House floor this weekend, we won’t know which of these options is most likely to happen until at least Wednesday or Thursday of next week. Isn’t this a fun game to play?

Grand jury update

The Senate Criminal Justice Committee took up HB 3664 by Smithee/Flores late last night, where it metastasized into a brand new bill that included the following provisions:

• mandatory transcription of all witness testimony before a grand jury;
• a ban on re-presenting a case to a grand jury without new evidence; and
• requiring prosecutors to swear in writing that they have presented all known exculpatory evidence to the grand jury before deliberations.

So, not only were old provisions rejected by the House resurrected at this hearing, but a new provision on exculpatory evidence was added, something that no other mandatory grand jury state requires (to our knowledge). Prosecutors who came to Austin on short notice and testified against this new zombie bill included Smith County Criminal DA Jacob Putman, Brazos County DA Jarvis Parsons, Coryell County DA Dusty Boyd, 106^th Judicial DA Philip Mack Furlow, 33^rd Judicial DA Perry Thomas, 81^st Judicial DA Audrey Louis, and Williamson County DA Shawn Dick, not to mention other offices registering in opposition.

The bill was left pending in committee and not voted out, so if you haven’t reached out to senators on that committee who you know, you still have time. Should the bill be voted out in this new form, we will let you know.

Banning THC in Texas

The Lt. Governor’s priority bill, Senate Bill 3 authored by Senator Charles Perry (R-Lubbock), prohibits the manufacture, sale, and possession of consumable hemp products containing any cannabinoid other than cannabidiol (CBD) or cannabigerol (CBG). It also bans products containing any other cannabinoid, such as delta-8 and delta-9 THC. SB 3 was amended extensively by the House State Affairs Committee to make it a bill regulating consumable hemp instead of an all-out ban. SB 3 was heard on the House floor Wednesday, but Representative Tom Oliverson (R-Cypress) proposed a floor amendment to restore the all-out ban on THC. Oliverson argued “As a physician, I cannot in good conscience support a system where Texans self-medicate with unregulated, inconsistent, and highly potent intoxicants. These substances are not medicine.”  Oliverson explained that retailers cannot ensure their THC products contain consistent amounts of THC, echoing criticism from law enforcement. Law enforcement had also complained about the high cost of testing products to ensure that the THC levels were within the legal limit. Oliverson’s floor substitute allows the non-intoxicating, non-psychoactive cannabinoids known as CBD and CBG to stay legal but with more restrictions in their packaging to be child resistant. The bill also establishes new criminal offenses:

1. New offenses added for the manufacture, delivery, or possession with intent to deliver consumable hemp products containing cannabinoids other than cannabidiol or cannabigerol, classified as a third-degree felony.
2. A new offense for possession of certain consumable hemp products, classified as a Class A misdemeanor.
3. An offense for selling consumable hemp products to individuals under 21, which is a Class B misdemeanor, with provisions requiring proof of age.
4. A new offense established for the manufacture, distribution, or sale of consumable hemp products for smoking, classified as a Class B misdemeanor.
5. New provisions for selling consumable hemp products near schools, resulting in a Class B misdemeanor.
6. An offense for providing consumable hemp products via courier, delivery, or mail, classified as a Class A misdemeanor.

Lt. Governor Patrick took to social media during the House proceedings to explain that the Texas Compassionate Use Program (TCUP) that gives veterans access to low-dose THC products would be increased to win over support for Oliverson’s amendment. Oliverson’s amendment was approved by a vote of 86 to 53 and the bill as amended passed 95 to 44 on second reading. Representative Joe Moody (D-El Paso) also added amendments on second and third reading to reduce punishments for minors in possession, and the final version was approved on third reading by a vote of 87 to 54. Now the bill returns to the Senate for that chamber to concur with the House revisions or go to a conference committee. Meanwhile, hemp industry leaders have promised a lawsuit against the new law and are already pleading for a veto from the Governor.   

ABCD bills

The latest status of bills to make Anyone But Current DAs a front-line prosecutor in your jurisdictions:
HB 45 by Hull (OAG prosecution of human trafficking) passed the Senate after being amended to provide more guidance on the process for the AG substituting in as prosecutor after 180 days of inaction by the local prosecutor. It now heads back to the House for that chamber to concur with those changes or seek a conference committee.
HB 5138 by Shaheen (OAG prosecution of election crimes) is still pending in the Senate State Affairs Committee. Its Senate companion is SB 1026 by Hughes, which is now in the House Calendars Committee.
SB 16 by Hughes (OAG prosecution of illegal voter registration) is also pending in the House Calendars Committee.
SB 1210 by Hughes (SCOTX > CCA) was referred to the House Judiciary Committee but has not been voted upon.
SB 1367 by Hughes (SPA as statewide trial prosecutor) is still awaiting consideration by the full Senate.
SB 1861 by Hughes (CCA appointment of special prosecutor) was passed by the Senate this week and has been referred to the House Criminal Jurisprudence Committee.
SB 2743 by Hagenbuch (OAG prosecution of election crimes upon removal of local prosecutor) has been referred to the House State Affairs Committee.

Status of other bills to watch

What’s up with that? Here are those answers for bills not already mentioned above.
HB 184 by Guillen (loan repayment for border prosecutors) was referred to the Senate Finance Committee but has not been heard.
HB 204 by Tepper (“doughnut hole” fix for certain DA county supplements) was referred to the Senate Finance Committee but has not been heard.
HB 503 by Tepper (SB 22 for larger counties) was referred to the Senate Finance Committee but has not been heard.
HB 917 by Spiller (prosecutors appointed as ad litems) was referred to the Senate Jurisprudence Committee but has not been heard.
HB 1845 by Orr (SB 22 funds for paralegals) was referred to the Senate Finance Committee but has not been heard.
HB 2215 by LaHood (retired prosecutor LTC defense) was referred to the Senate State Affairs Committee but has not been heard.
HB 2216 by Hull/Sparks (limits on CPS removals/terminations) is still pending in the Senate Health and Human Services Committee.
HB 2715 by Curry/Middleton (change to removal procedures) was voted from the Senate Local Government Committee on Tuesday and is eligible for debate on the Senate floor.
SB 19 by Middleton (ban on taxpayer funded lobbying) was referred to the House State Affairs Committee two months ago but never moved.
SB 330 by Huffman/Oliverson (ban on defunding urban DA offices) is now in the House Calendars Committee.
SB 779 by Middleton (limit on common law nuisance claims) died in the House Judiciary Committee.
SB 781 by King (confidentiality of peace officer personnel files) was passed by the Senate this week after being amended to ensure it complies with discovery laws and has now been referred to the House Public Safety Committee.
SB 1124 by Huffman/Cook (Heath fix to discovery laws) died in the House Criminal Jurisprudence Committee.
SB 2878 by Hughes/Leach (omnibus courts bill) is now in the House Calendars Committee.
To read any bill, visit https://www.capitol.state.tx.us/.

Prosecutors at the Capitol

These prosecutors are in it to the bitter end as they fight for good laws! Montgomery County DA Brett Ligon and Fort Bend County DA Brian Middleton testified in favor of HB 2001, which increases the penalty for insider trading in Texas. Cass County Criminal DA Courtney Shelton, Gregg County Criminal DA John Moore, McLennan County DA Josh Tetens and McLennan County Asst. DA Maddie Beach testified in favor of SB 2785, which would require CPS to turn over records to prosecutors. Tarrant County Asst. Criminal DA Lauren Lawrence testified in favor of SB 957, which creates the offense of continuous aggravated promotion of prostitution. Dallas County Asst. Criminal DA Jason Hermus testified in favor of HB 2697, which would require that prosecutors be notified about a bond forfeiture by a defendant charged with a felony. Dallas County Asst. Criminal DA Phillip Clark testified in favor of SB 2611, which creates the offenses of real property theft and real property fraud. Dallas County Assistant District Attorney Alicia Patterson testified in favor of HB 2348, which allows a deposition of certain elderly or disabled persons in a criminal case. Montgomery County Assistant District Attorney Nancy Hebert testified in favor of HB 3185, which will allow prosecutors to issue administrative subpoenas during cybercrime investigations.

Senate Calendars

Friday
SB 2797 Creighton: Relating to discovery requirements in a criminal case.
SB 1505 Perry: Relating to the medical use of low-THC cannabis under and the administration of the Texas Compassionate-Use Program.

House Calendars

Saturday
SJR 87 Huffman/ Little:Proposing a constitutional amendment requiring the denial of bail to persons accused of certain offenses punishable as a felony who have previously been convicted of certain offenses punishable as a felony.
SB 1719 Hughes/Smithee: Relating to the rulemaking power of the Texas Supreme Court.
SB 1610 Perry/Cook: Relating to sexually violent predators, to the Texas Civil Commitment Office, and to the prosecution of the offense of harassment by sexually violent predators and other persons confined in certain facilities.

Another AG opinion request for your attention

A state representative from Fort Bend County has requested an AG opinion regarding who gets to select outside legal counsel to assist with redistricting county election precincts: the commissioners court, or the county attorney? That legal answer may impact your jurisdiction, and it was also a topic discussed at our Civil Law Conference two weeks ago. For details on the request, click here for a PDF copy of RQ-0597-KP. If you want more information about the background of the request or how you might get involved, you can email Kevin Hedges, Chief of Litigation at the Fort Bend County Attorney’s Office, at [email protected].

Quotes of the week

“I’m voting no because the hypocrisy of it doesn’t withstand the smell test. If you’ve been found to have probable cause of continuous sexual assault of a child, you’re just as dangerous as the guy who is here illegally who did it. You want to get tough on crime— let’s deny all of them bail. Vote no on this piece of crap!”
—Representative Terry Canales (D-Edinburg), when speaking against Senate Joint Resolution 1, which would deny bail for undocumented people who are charged with certain violent offenses including murder, trafficking, and burglary.

“I can speak as a law enforcement officer about the frustration we feel when the hard work of our detective investigators to protect the public is diminished or outright jeopardized by our partners in the criminal court system, some of whom have inexplicably released violent criminals back into our streets.”
—Representative AJ Louderback (R-Victoria) during the SB 9 bill layout, the enabling legislation for bills to regulate or restrict bail release for some offenses.

“It is no surprise that rogue DAs who would rather turn violent criminals loose on the streets than do their jobs are afraid of transparency and accountability. My DA reporting rule is a simple, straightforward, common-sense measure that will shed light on local officials who are abdicating their responsibility to public safety. This lawsuit is meritless and merely a sad, desperate attempt to conceal information from the public they were sworn to protect.”
—Attorney General Ken Paxton responding to the lawsuit from Texas prosecutors in major urban counties over new rules requiring them to submit extensive “performance reports” and case files.  

“I voted for rope, not dope,”
—Representative Tom Oliverson, as he circulated an amendment on the House floor that would revert the House’s bill back to a virtual ban of all THC. Oliverson was referring to the 2019 legislative session that passed the hemp law that was aimed at helping farmers to produce hemp products.   

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It’s so hard to say goodbye. Especially, when you worked so hard to draft a bill and get it through committee and then it just ends up lifeless on the House floor. There were so many dreams that died last night that lawmakers may not want to ever fall asleep again. It was a long night that tested patience, physical stamina, and sanity. For all those who had to watch their pet project “cross the rainbow bridge” last night, there is always next legislative session!

New Calendars and Committee Postings! Please see below.

Bail reform

The governor’s bail reform emergency items finally emerged from the House Criminal Jurisprudence Committee and are now scheduled for debate on the House floor on Monday. Two of them are joint resolutions to amend the state constitution, which requires support from 100 House members. There being only 88 Republicans in that chamber, attempts are underway to find at least 12 Democratic friends to get those bills over that hump.

Here are brief summaries of the bail bills; read them for yourself for all the details.
SJR 1 by Huffman, aka “Jocelyn’s Law” (named after Jocelyn Nungary), denies bail upon a finding of probable cause that an illegal alien committed one of 20 types of felonies.
SJR 5 by Huffman denies bail for a person charged with any of nine types of listed felony crimes if the State proves by clear and convincing evidence that the defendant is a flight risk or a danger to the victim, law enforcement, or community. Related procedures are also laid out to implement that process.
SB 9 by Huffman is the omnibus bail reform enabling legislation for those joint resolutions that also serves as a “clean-up” bill for the major bail reform legislation that passed in 2021 as SB 6, aka the Damon Allen Act. This new legislation is now a 24-page substitute bill that revises the public safety report (PSR) system, limits certain appointed magistrates’ authority to set bail or reduce bail, limits personal bond for more types of crimes, clarifies the process for prosecutors to appeal allegedly insufficient bail, and makes lots of other changes.

In related bail news, HB 75 by Smithee was heard on second reading yesterday and is expected to pass out of the House today on third and final reading. It requires a magistrate who finds no PC for an arrest to enter written findings in support of that ruling w/in 24 hours. This bill has an identical Senate companion, SB 3073 by Huffman, that was filed Tuesday, passed from committee Wednesday, passed by the full Senate, sent to the House Thursday, and passed from that chamber’s committee. (All that happened in two days, which tells you just how fast they really can move when the legislative leadership suspends every possible rule to pass something to avoid a potential special session!)

Expansion of prosecutor carry defense

Last week we put you on notice about an AG Opinion request relating to the authority of a prosecutor with a license to carry (LTC) to carry in a courtroom pursuant to the non-applicability provisions of Penal Code §46.15; see the end of that newsletter for details if you missed it.
This week we wanted to alert you to a bill that would grant that same prosecutor’s defense to a “retired” prosecutor (although “retired” is not defined in the legislation or existing statute). That bill is HB 2215 by LaHood (R-San Antonio), who is the brother of former Bexar County Criminal DA Nico LaHood. The bill has the support of Joe Gonzales, the current CDA there, due to credible threats against Mr. LaHood stemming from his days as the elected CDA. The bill passed the House this week and is on its way to the Senate Criminal Justice Committee. We have no idea whether other prosecutors support or oppose the expansion of this LTC defense to former elected or assistant prosecutors, so we are putting it on your radar for you to decide that for yourself and then engage with the Senate on the bill if you see fit. The bill could be heard in that committee as soon as Tuesday morning.

ABCD bills

The latest status of bills to make Anyone But Current DAs a front-line prosecutor in your jurisdictions:
HB 45 by Hull (OAG prosecution of human trafficking): passed through the Senate Criminal Justice Committee, awaiting consideration by the full Senate as soon as today.
HB 5138 by Shaheen (OAG prosecution of election crimes): passed the House last Friday and was heard in the Senate State Affairs Committee yesterday. Its Senate companion is SB 1026 by Hughes, which is now pending in the House Calendars Committee.
SB 16 by Hughes (OAG prosecution of illegal voter registration): pending in the House Calendars Committee.
SB 1367 by Hughes (SPA as statewide trial prosecutor): awaiting consideration by the full Senate.
SB 1861 by Hughes (CCA appointment of special prosecutor for election crimes): passed by the Senate on second reading yesterday (on a 20-11 party-line vote) and expected to pass on third and final reading by that same margin today, after which it will be referred to the House.
SB 2743 by Hagenbuch (OAG prosecution of election crimes upon removal of local prosecutor): referred to the House State Affairs Committee.

Criminal laws that have made it to the Governor

Here is a non-exhaustive list of the criminal laws that made it through both chambers and are just waiting for the Governor’s approval. 
HB 166 creating a presumption of endangering a child, an elderly person, or a disabled person by exposing them to fentanyl.
HB 353 creating the criminal offense of trespassing on or near a school or daycare center.
HB 2000, also known as Audrii’s Law, requiring sex offender registration for the offense of child grooming.
SB 305 extends “Move Over, Slow Down” protections to animal control officers, animal carcass removal vehicles, and parking enforcement vehicles.
SB 412 repeals the affirmative defense to prosecution for the sale, distribution, or display of harmful material to a minor by a person having scientific, educational, governmental, or other similar justification.
SB 487 allows victims of an offense of invasive visual recording or indecent assault to choose a pseudonym to be used in all public files and records concerning the offense.
SB 494 requires the Railroad Commission of Texas to establish a statewide task force to study theft of petroleum products and analyze the impacts.
SB 703 revokes the license of a massage therapist or massage therapy instructor who is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for certain sexual offenses.
SB 888 allows the Attorney General to defend a county or district attorney who is sued for the enforcement of a state statute.
SB 1809 creates an offense for the fraudulent use or possession of gift cards or gift card redemption information.
SB 2196 increases the effective period for certain emergency protective orders.

Prosecutors at the Capitol

These prosecutors have zero quit in them when it comes to fighting for good laws. Montgomery County District Attorney Brett Ligon testified in favor of HB 2596, which would allow protective orders for, and extend other new rights to, victims of burglary of a habitation. Fort Bend County District Attorney Brian Middleton testified in favor SB 1220, which would solve the Court of Criminal Appeals decision in Ex parte Charette, which says that the Texas Ethics Commission (TEC) has exclusive jurisdiction over certain election offenses. Montgomery County Assistant District Attorney Carmen Morales testified in favor of HB 2798, which would extend the statute of limitations for Chapter 32 fraud. Comal County Criminal District Attorney Jennifer Tharp testified in favor of HB 1465, which would expand the scope of invasive visual recording and require the guilty to register as a sex offender. 

Calendars

Senate Intent Calendar
Monday
SB 781King: Relating to certain files maintained by a law enforcement agency regarding certain employees of the agency.
SB 1861 Hughes: Relating to the appointment of a special prosecutor by the court of criminal appeals for certain criminal cases.
SB 2797 Creighton: Relating to discovery requirements in a criminal case.
HB 45 Hull/ Huffman: Relating to the duty of the attorney general to prosecute human trafficking criminal offenses.

House Calendars
Monday
SB 664 Huffman/ Cook: Relating to qualifications, training, removal, and supervision of certain masters, magistrates, referees, associate judges, and hearing officers.

Tuesday
SB 3 Perry: Relating to the regulation of consumable hemp products and the hemp-derived cannabinoids contained in those products.
SB 1220 Hughes/Smithee: Relating to the subject matter jurisdiction of the criminal trial courts of this state.

Upcoming committee hearings

Please check back for updated committee hearings

Tuesday
Senate Criminal Justice: 7:00 a.m., E1.016
HB 47 Howard: Relating to sexual assault and other sex offenses.
HB 285 Ordaz: Relating to the prosecution of the offense of cruelty to nonlivestock animals.
HB 305 Hayes: Relating to the time period for conducting a pretrial hearing after a criminal defendant has been restored to competency.
HB 449 Gonzalez: Relating to the unlawful production or distribution of sexually explicit images using deep fake technology.
HB 908 Spiller: Relating to the reporting by law enforcement agencies of missing children to the National Center for Missing and Exploited Children.
HB 1024 Shaheen: Relating to the execution of a warrant issued for certain releasees who violate a condition of parole or mandatory supervision related to the electronic monitoring of the releasee.
HB 1443 Schatzline: Relating to creating the criminal offense of promotion of a child-like sex doll.
HB 1445 Hernandez: Relating to the compensation of counsel appointed to provide representation and services to indigent individuals in criminal and juvenile proceedings.
HB 1741 Johnson: Relating to certain proceedings and supervision following certain adjudications occurring in a criminal case.
HB 1866 Lujan: Relating to the state law enforcement authority of federal National Park Service law enforcement officers.
HB 1902 Cook: Relating to creating the criminal offense of jugging.
HB 2001 Meyer: Relating to increasing the criminal penalties for insider trading and other misuse of official information.
HB 2282 Lopez: Relating to the amount of the reimbursement fee paid by a defendant for a peace officer’s services in executing or processing an arrest warrant, capias, or capias pro fine.
HB 2355 Fairly: Relating to requests for law enforcement agency reports from the attorney general related to crime victims compensation applications.
HB 2492 Bowers: Relating to the period for which a person arrested for certain crimes involving family violence may be held after bond is posted.
HB 2637 DeAyala: Relating to the practice and procedures for summoning prospective grand jurors and petit jurors and the exemption of certain persons from grand jury and petit jury service.
HB 2697 Anchia: Relating to certain procedures in connection with a bond forfeiture.
HB 3464 Meza: Relating to the offense of providing a controlled substance to a person in custody of a correctional facility.
HB 4996 Dyson: Relating to increasing the criminal penalty for the offense of refusal to execute the release of a fraudulent lien or claim.     

House Criminal Jurisprudence: 8:00 a.m., E2.014
SB 456 Middleton: Relating to the purchase or sale of human organs.
SB 826 Parker: Relating to the operation of a motor vehicle in a school crossing zone while intoxicated.
SB 872 Birdwell: Relating to the punishment for the offense of burglary of a vehicle involving theft of a firearm.
SB 957 Parker: Relating to the creation of the criminal offense of continuous aggravated promotion of prostitution.
SB 993 Nichols: Relating to the authority of a peace officer commissioned by the comptroller to apply for an order authorizing the installation and use of a mobile tracking device.
SB 1660 Huffman: Relating to the retention and preservation of toxicological evidence of certain intoxication offenses.
SB 2017 Bettencourt: Relating to the creation of a criminal offense for operating a vehicle under certain circumstances causing a tire of the vehicle to spin, lose traction, or leave the surface of a highway.
SB 2611 West: Relating to the status of certain documents or instruments concerning real or personal property.
SB 2785 Birdwell: Relating to notification and disclosure of records and information concerning an investigation of a report of child abuse or neglect to county or district attorneys.
SB 2794 Paxton: Relating to the criminal offense of interference with child custody.

Wednesday
House Trade, Workforce, Economic Development: 8:00 a.m, E2.014
SB 2105 Blanco: Relating to the authority of a country attorney or district attorney to enforce human trafficking awareness and prevention in commercial lodging establishments

Now Showing – Forensics in the Courtroom: DNA

TDCAA is pleased to present our first training in our Forensics in the Courtroom series: DNA. Please join Tiffany Larsen, Asst. District Attorney from Brazos County, as she walks viewers through what prosecutors need to understand about DNA and how to use DNA evidence in the courtroom. Viewers that complete the course will receive 1.75 hours of CLE. This course is free of cost. To register, please click here.

NDAA funding letters

The National District Attorneys Association (NDAA) is soliciting prosecutors’ support for funding of 1) the Public Service Loan Forgiveness program (PSLF) and 2) the Crime Victims Fund Stabilization Act (to shore up VOCA grant funding). If you would like to add your name to the other supporters that will be listed on letters submitted to Congress by NDAA, more information is available here.

Quotes of the week

“The Legislature, even with its rules and the politics and everything else—the first thing you learn is, never say never. I’ve seen things that were obviously just dead as a doornail miraculously come to life in the last few days of the session.”

 —Ken Armbrister, who served as chief legislative aide to former Gov. Rick Perry after a 24-year career serving in both chambers.

“So, I am going to ask you tonight. All of those little bitty wee-wee feelings that you’ve been having? Bury them. Dismiss them. Roll your sleeves back up and let’s get to work in solving the people’s problems. Thank you.”

—Representative Senfronia Thompson, the Dean of the Texas House, admonishing the entire Texas House to knock off their performative behavior and focus on the legislative process.

“Criminalizing homosexuality is not the role of government, and I support repealing it.”

—Representative Brian Harrison (R-Midlothian) explaining his support and being a co-author of HB 1738 to revoke the Penal Code’s ban on homosexual conduct.

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