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.

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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.   

###

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.

###

Black smoke? White smoke? At the capitol, it’s all about blowing smoke and using smoke and mirrors to get your bills passed. Desperate legislators may be asking the new American Pope to pray for their bills struggling to hold on to their last breaths of life this coming week. Prepare for Leo XIV to be administering last rites over thousands of House bills that do not make it out of the House by Thursday. Requiescat in pace, House bills. It’s still the Easter season, so there’s always 2027 to look forward to!

New Calendars and Committee hearings alert! See below.

Governor focuses on bail reform

Governor Abbott is laser-focused on passing bail reform after securing a school choice/voucher legislative victory. Abbott is no stranger to fighting for bail reform as he has made it an emergency item for the last three legislative sessions. House Democrats normally stall out the effort as they do not join the two-thirds vote needed from the House to pass a constitutional amendment. There are currently 88 House Republicans, which means that 12 House Democrats are needed to pass out the constitutional amendments.

The Senate passed four different bills as part of the bail reform package back in February. SJR1 creates a constitutional amendment requiring the denial of bail for an illegal alien charged with a felony. SJR 5 creates a constitutional amendment allowing the denial of bail to a person accused of certain violent or sexual offenses or of continuous trafficking of persons. SB 9 is the clean-up bill that mandates written findings for “no probable cause” determinations by magistrates and shifts bond-setting authority from appointed magistrates to elected judges for certain types of charges. SB 40 prohibits political subdivisions from using public funds to pay bail bonds. Lt. Governor Patrick threatened a special session to ensure bail reform is passed; however, only the Governor can call a special session. Governor Abbott also has the power to veto any bill once the legislative session is over, which could be used for leverage to “win over” enough House Democrats to get the joint resolutions over the hump and onto his desk.

The Senate bills have not had a hearing in the House Criminal Jurisprudence Committee, which heard and left pending various House bill versions instead. Chairman John Smithee (R-Amarillo) stated that he expected the Senate bills to be heard in his committee next week, which normally meets on Tuesdays. Smithee and Huffman alluded that both chambers are close to an agreement on the legislation. But at this late stage of the session, many things can go awry for good reason or no reason at all.    

Hemp and THC’s future in Texas

The Senate passed Senate Bill 3 back on March 19, 2025, to criminalize consumable hemp products with any amount of THC, including gummies, beverages, vapes, and other edible products. The House heard SB 3 on April 7^th  and made significant changes to Lt. Governor Patrick’s legislative priority. The House version allows retailers to continue selling edibles and drinks, along with low-dose smokable hemp; bans vapes; and allows counties to vote to ban consumable hemp. It would also require products to be sold in child-resistant packaging that does not resemble popular snacks or otherwise appear marketed to kids, and it restricts sales only to people 21 and over. Hemp products could also be barred within 1,000 feet of a school or certain other areas frequented by children.

Lt. Governor Patrick has repeatedly stated that he would not settle for anything but an all-out ban on consumable hemp products. The House version must now go to the House floor where it will likely be amended again. The bill will then head to a conference committee made up of members from both chambers to attempt a negotiation. As with bail legislation, the Lt. Governor doesn’t have the constitutional authority to call a special session over an issue, but he does have pocket veto power over all legislation in his chamber, so negotiations over THC could determine the fate of many other unrelated bills.

Judicial branch bills

We keep fielding calls about the status of the judicial pay raise—aka SB 293 by Huffman and HB 1761 by Leach—and we keep giving the same answer: “No change.” But that’s not really true. If anything, the likelihood of a pay raise happening this session may be decreasing. The two chambers’ proposals on this topic are now very different. Furthermore, the House and Senate have entered the final weeks of the session when one chamber feels aggrieved and starts to take bills from the other chamber hostage, then the other chamber retaliates for said hostage-taking, and things devolve into a stand-off where many of the hostages end up being shot rather than released. But then, most of you know all this because you’ve seen it before on this pay raise issue, as recently as two years ago. At this point in 2025, with three weeks and change to go, things are in roughly the same position as they were in 2023: same disputes, same players, same ticking clock. We wish we had better news for you, but we don’t.

Other judicial bills to watch include the two grand jury “reform” bills, HB 3362 by Little and HB 3664 by Smithee. The latter is the omnibus grand jury “reform” bill for this session, while the former consists of two of those provisions (recording and pre-presentment discovery). Those bills are in the House Calendars Committee for further consideration behind closed doors; feel free to reach out to those committee members if they concern you.

A final judicial branch bill to know about is SB 2878 by Hughes, which will be this session’s omnibus courts bill. If you are looking for new courts, new DA offices, or other related changes to how the judicial branch does its thing, this is the bill for you. It will pass the Senate in the coming days and go to the House, where it is likely to grow even longer as legislators in the lower chamber look for a vehicle for resurrecting (via amendment) their good ideas that failed as stand-alone bills. We will keep a close eye on SB 2878 and let you know if anything goes amiss with it.

ABCD bills

You may claim to have trouble finding lawyers in the job market who want to be prosecutors, but the legislature hasn’t gotten that memo. Here is an update on some of their bills to task Anyone But Current DAs with that job:
HB 45 by Hull (OAG prosecution of human trafficking): referred to the Senate Criminal Justice Committee, likely to be posted for consideration on Tuesday.
HB 2309 by Villalobos (OAG doing forfeitures in certain cases): pending in the House Calendars Committee.
HB 5138 by Shaheen (OAG prosecution of election crimes) passed out of the Texas House and is on its way to the Senate. Its Senate companion is SB 1026 by Hughes, which was passed by the Senate 19-12 (one R in opposition), passed the House State Affairs Committee, and is now pending in the 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): pending in the House Calendars Committee consideration for Senate Intent Calendar. <corrected>
SB 1861 by Hughes (CCA appointment of special prosecutor): pending in the House Calendars Committee consideration for Senate Intent Calendar. <corrected>
SB 2743 by Hagenbuch (OAG prosecution of election crimes upon removal of local prosecutor): referred to the House State Affairs Committee.

30-day report, Part II

In last week’s newsletter we gave a 30,000-foot view of some bills that are still alive on various topics as the session nears its end. Here is the second half of that summary; if you see something you like or don’t like, let your legislators know! (You can read any bill at https://www.capitol.state.tx.us/.)
DISCOVERY: HB 3330 (Heath fix), SB 1124 (companion Heath fix), SB 2797 (reciprocal discovery).
FIREARMS: HB 1794 (LTC carry at polling places), HB 2180 (return of weapons to defendants), HB 2215 (LTC carry by retired prosecutors), HB 2458 (agg. assault defense), HB 2993 (carry by a county commissioner), HB 3669 (use of less-lethal weapons), SB 870 (open carry by school marshal), SB 872 (theft of firearm from vehicle), SB 1065 (LTC carry at State Fair, etc.), SB 1596 (legalizing short-barrel firearms), SB 2570 (use of less-lethal weapons).
GRAND JURIES: HB 2637 (impaneling and exemptions), HB 3662 (recordings and discovery), HB 3664 (omnibus “reform” bill), SB 2878 (omnibus courts bill).
HUMAN TRAFFICKING: HB 45 (AG prosecutions), HB 1778 (omnibus human trafficking bill), HB 2306 (no parole for child traffickers), HB 2761 (lack of consent), SB 1212 (punishment enhancement), SB 1278 (duress defense), SB 2105 (commercial lodging awareness/prevention).
JUVENILES: HB 31 (treatment in juvenile facilities), HB 355 (TJJD accepting custody from counties), HB 1461 (county costs of juvenile confinement), HB 1831 (juvenile drug court eligibility), HB 2147 (remote proceedings), HB 2234 (raise the age), SB 1019 (outcry in juvenile trials), SB 1727 (crimes in custody).
MENTAL HEALTH: HB 305 (post-restoration pretrial hearings), HB 3163 (court-ordered services venue), HB 5465 (procedures for defendants with mental illness/IDD), SB 528 (competency restoration), SB 1164 (emergency detention).
OPEN RECORDS: HB 111 (applying PIA to certain associations, limiting exemptions for certain legal communications), HB 2248 (deadlines and complaints), HB 2486 (law enforcement personnel files), HB 4219 (responses to requests), SB 758 (applying PIA to certain associations), SB 986 (responses, bad faith requests).
SEX CRIMES: HB 380 (sex offender registration for improper educator–student relations), HB 1422 (continuous sexual abuse of adult), HB 1443 (criminalizing child-like sex dolls<ugh>), HB 1552 (changing the name of child pornography), HB 1953 (victims’ rights), HB 2000 (sex offender registration for child grooming), HB 2151 (sex offender registration for indecent assault), HB 3073 (redefining consent for sexual assault), SB 20 (AI-generated obscene material), SB 412 (showing harmful material to minors), SB 535 (rape shield law expansion).
Remember, you can find updated information on all bills amending the Penal Code or Code of Criminal Procedure by clicking on those respective links on our Legislative webpage. We track more categories of bills than Baskin-Robbins has flavors, so if you are interested in any other specific type of bill, contact us for more details.

Prosecutors in the Capitol Hallways

Prosecutors still have clear eyes, full hearts as they keep fighting the good fight to bring home some good legislation. Kleberg & Kenedy County District Attorney John Hubert testified in favor of SB 1101, which addresses the issue of smuggling of persons in state parks, allowing law enforcement to make arrests. Montgomery County Assistant District Attorney Taylor Vanegas testified in favor of SB 2799, which increases the penalty for reckless driving. Dallas County Assistant Criminal District Attorney Rachel Carrico testified in favor of SB 1019, which addresses the admissibility of hearsay statements in sexual assault of a child cases. Smith County Assistant Criminal District Attorney Laura Severt testified against HB 2216, which would change the burden for terminating the parent-child relationship from “clear and convincing evidence” to “beyond a reasonable doubt.” Was someone from your office here this week that we missed? Be sure to let us know next time and we will be happy to give them a shout-out in a future newsletter!

Calendars

Daily House Calendar: Sunday, May 11, 2025
HB 1422 Hull: Relating to the rights of victims of sexual assault and other sex offenses, the offense of continuous sexual abuse, and the prosecution and punishment of certain sex offenses.
HB 3425 Capriglione: Relating to the prosecution of certain criminal offenses involving the unlawful disclosure of a residence address or telephone number.
HB 5354 Leach: Relating to the information reported by prosecuting attorneys to the Texas Judicial Council.
HB 3664 Smithee: Relating to the training of prospective grand jurors and to grand jury proceedings.

Senate Intent Calendar: Monday, May 12, 2025
SB 1723 Creighton: Relating to the establishment of a rapid DNA analysis pilot program in certain counties.
SB 1858 Hagenbuch: Relating to eligibility for the bulletproof vest and body armor grant program.
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 2403 Middleton: Relating to the functions and duties of the Texas Ethics Commission.
SB 2878 Hughes: Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.

Upcoming committee hearings

Monday
House State Affairs: 8:00 a.m., JHR 120
SB 1220 Hughes: Relating to the subject matter jurisdiction of the criminal trial courts of this state (response to Ex parte Charette).
SB 2601 Blanco: Relating to a program to compensate landowners for property damage caused by certain criminal activities.

House Judiciary and Civil Jurisprudence: 9:00 a.m., E2.036
SB 53 Zaffirini: Relating to certain notice and filing requirements in court proceedings involving persons with mental illness.
SB 311 Hughes: Relating to expanding the writ power of the Texas Supreme Court.
SB 1164 Zaffirini: Relating to emergency detention of certain persons evidencing mental illness and to court-ordered inpatient and extended mental health services.
SJR 27 Huffman: Proposing a constitutional amendment regarding the membership of the State Commission on Judicial Conduct and the authority of the commission and the Texas Supreme Court to more effectively sanction judges.

Tuesday
House Criminal Jurisprudence: 8:00 a.m., E2.014
SB 1099 Flores: Relating to increasing the criminal penalty for certain offenses committed by an alien.
SB 1896 Huffman: Relating to the provision of information regarding an arrested person to a magistrate for purposes of an order of emergency protection.
SB 1980 Hall: Relating to increasing the criminal penalty for the offense of assault committed against certain public servants and to the prosecution of the criminal offense of interference with public duties of those public servants.

Senate Criminal Justice: 8:00 a.m., E 1.016
HB 33 McLaughlin/ Senator Flores:  Relating to active shooter events and other emergencies, including certain accreditations of law enforcement agencies that respond to such emergencies.
HB 45 Hull/Senator Huffman: Relating to the duty of the attorney general to prosecute human trafficking criminal offenses.
HB 48 Darby/ Senator Sparks: Relating to the creation of an organized oilfield theft prevention unit within the Department of Public Safety.
HB 1261Cunningham/ Senator Flores: Relating to the disposition of abandoned or unclaimed property seized by a peace officer.
HB 1465 Hickland/ Senator King: Relating to the prosecution of the criminal offense of invasive visual recording and the applicability of sex offender registration requirements to that offense.
HB 1778 Thompson/ Senator Huffman: Relating to human trafficking, prostitution, and child pornography and to the prosecution of sexual or assaultive offenses or the prosecution of a failure to stop or report those offenses.
HB 2596 Metcalf/ Senator Zaffirini: Relating to the issuance of certain protective orders for certain burglary offenses.
HB 5238 Lopez/Senator Hinojosa: Relating to the criminal offense of disrupting a meeting SB 2969 Parker: Relating to the creation of the criminal offense of trespass in a facility housing an animal and to restitution for property damage resulting from that trespass.

Wednesday
House Homeland, Public Safety, Veterans: 8:00 a.m., E2.016
SB 659 Schwertner: Relating to the punishment for the offense of smuggling of persons using government resources.
SB 1585 Hughes: Relating to a prohibition on governmental contracts with companies of foreign adversaries for certain information and communications technology.
SB 2201 Birdwell: Relating to intelligence databases for combinations, criminal street gangs, and foreign terrorist organizations.

2025 TDCAA code books available for preorder

While the legislative session is not over, TDCAA’s publications department is already starting to prepare new editions of all your favorite books. These publications—including the annotated Criminal Laws of Texas, the spiral-bound Code of Criminal Procedure and Penal Code, and the Legislative Update—are available for preorder here. Books will be shipped later this summer, but you can reserve your copies today. Note that TDCAA’s TxDOT grant is once again allowing TDCAA to provide free copies of the 2025–’27 edition of Transportation Code Crimes to all Texas prosecutor offices. These books will be shipped in early September.

Attorney General Opinion request

Putting this one on your radar because it could impact many local courthouse practices:
RQ-0598-KP re: the carrying of concealed firearms in courtrooms by the District Attorney and Assistant District Attorneys. (Requested by 142^nd Judicial District Attorney Glenn Harwood in Midland.) For those wishing to weigh in on this request, briefs should be submitted no later than June 3, 2025, by e-mail to [email protected].

Quotes of the week

“I want every person in Texas who is struggling with addiction to get the help they need. But I can’t fix that if they are dead.”
— Representative Tom Oliverson (R-Cypress) author of a bill that would decriminalize fentanyl testing strips.

“I’ve gotten indications tonight just in the past few minutes that I haven’t been able to validate, but I’m working actively to validate that the Senate possibly is considering a weaker version of Trey’s Law, which to me as the author of the bill is simply unacceptable. And so, members, we are going to cancel tomorrow morning’s committee meeting and will not be taking up those five Senate bills.”
—Representative Jeff Leach (R-Plano) during a committee hearing in response to rumors that the Senate plans to water down his bill to prohibit the use of non-disclosure agreements in sexual abuse settlements named Trey’s Law.

“I took the house, the kids, and now the job.”
—Representative Charlene Ward Johnson (D-Houston) while passing her first bill in the Texas House and explaining during the traditional hazing of first-timers that her seat had formerly been held by her ex-husband, Jarvis Johnson.

“There are a lot of bills before our committee that draw a lot of passion, and the attorney general’s office does not send someone here to testify. In fact, it’s been very difficult for our committee to get someone from the attorney general’s office to even attend our committee hearings. And so, I’m not asking you to go on the record tonight with respect to internal privileged communications. I am sitting here right now a bit concerned and troubled as to why the attorney general’s office sent you to testify on this bill as opposed to other bills before the committee.”  
—Representative Jeff Leach (R-Plano) questioning why the deputy solicitor general was sent by the Attorney General to testify “neutrally” on (against?) HB 4806, a tort-reform bill supported by political opponents of the current AG.

###

Just like in college, nothing makes you cram like deadlines! End-of-session deadlines are approaching, and lawmakers are cramming to get their work done in hopes of passing their bills and pushing priorities. And just like cramming in college, it requires all-nighters, obscene amounts of caffeine, working harder than all semester, and hoping for the best. Grades will be posted by the end of the month, and everyone is praying the dean doesn’t make them come back for summer school.

New Committee hearings postings! See below.

Time waits for no one or bill

Sine Die (the last day of session) is June 2, 2025. That is not much time for the almost 9,000 bills to become law. Time is the enemy of any bill right now as there are only 31 days left in session. The most urgent deadline right now is May 15, 2025, at 11:59:59 p.m., which is the moment that will end the journey of any House bill that has not been approved on second reading by the full House. That day is sometimes known as “Bloody Thursday” because an extraordinary number of bills die on that night. We are 13 days away from that fateful moment. After the dust settles from that bill slaughter, May 28, 2025, marks the last day for the Texas House to pass Senate bills. It is also the last day for the Senate to pass any bills. Here is a link to the full, not-confusing-at-all, end-of-session deadlines. Please feel free to reach out if you have any questions about them.

Bills sent to the governor

In Texas, bills passed by both chambers are sent to the governor for final review. If the governor receives a bill before the end of session, he has 10 days to decide whether to sign it, veto it, or let it become law without his signature. (There is no pocket veto in Texas like in the federal system.)

So far, 37 bills have made it to the governor’s desk. The first bill signed into law this session was SB 14 by King/Capriglione known as the Regulatory Reform and Efficiency Act (RREA), which is apparently how we spell “DOGE” in Texas. That was not a bill we were tracking, but tracked bills that are on their way to the governor for his consideration include: SB 487 (victim pseudonym expansion), SB 836 (victim privacy protections), SB 1499 (Financial Crimes Intelligence Center), and SB 1809 (fraudulent use/possession of gift cards).

If you have questions about the veto process or how to request a veto in an effective manner, contact Shannon or Hector for guidance.

Grand jury “reforms”

It wouldn’t be a legislative session without attempts to change how grand juries work, with the ultimate result of limiting their usefulness in investigations. This session the two primary bills on that front were just voted out of the House Criminal Jurisprudence Committee. They are HB 3362 by Little and HB 3664 by Smithee. The latter is the omnibus grand jury “reform” bill for this session, while the former consists of two of those provisions (recording and pre-presentment discovery). For more detailed summaries, see our Week 9 update.

Those bills are now headed to the House Calendars Committee for further consideration behind closed doors; feel free to reach out to those committee members if these bills concern you.

ABCD bills

Who doesn’t love a weekly update of all the ways our legislature wants to task other officials with your constitutional duties? First a list of Anybody But Current DAs (ABCD) bills, then some context on one that was debated this week on the House floor.
HB 45 by Hull (OAG prosecution of human trafficking) was debated on the House floor, amended, and passed 78­–62. (More below.) Now it heads to the Senate.
HB 933 by Spiller (SCOTX > CCA) passed the House Judiciary Committee (6–5 vote) and is pending in the House Calendars Committee. Its Senate companion is SB 1210 by Hughes, which passed the Senate and has been referred to the House Judiciary Committee.
HB 2309 by Villalobos (OAG forfeitures in human trafficking and other crimes) was heard in the House Criminal Jurisprudence Committee and left pending.
HB 5138 by Shaheen (OAG prosecution of election crimes) was voted out of the House State Affairs Committee (by an 8–7 margin) and is now pending in the House Calendars Committee. Its Senate companion is SB 1026 by Hughes, which was passed by the Senate 19–12 (one R in opposition) and will be referred to the House State Affairs Committee.
HB 5318 by Louderback (OAG prosecution of certain public order crimes) was heard in the House State Affairs Committee and left pending.
SB 16 by Hughes (OAG prosecution of new crime of illegal voter registration) was voted from the House Elections committee and is now pending in the House Calendars Committee.
SB 1367 by Hughes (SPA as statewide trial prosecutor) was voted out favorably from the Senate State Affairs Committee.
SB 1861 by Hughes (CCA appointment of special prosecutor) was voted favorably from the Senate State Affairs Committee.
SB 2743 by Hagenbuch (OAG prosecution of election crimes upon removal of local prosecutor) passed the Senate and has been referred to the House State Affairs Committee.

Despite lots of movement, the only significant floor debate over any of these bills happened this week when HB 45 (OAG prosecution of human trafficking) was passed by the House after being amended and debated. You can watch the fireworks here. After all was said and done, the votes fell almost completely along party lines. Only a handful of House Republicans were willing to buck Attorney General Ken Paxton, who is actively lobbying behind the scenes for this and other new powers, as AGs are wont to do in this state. Chalk that up as another nail in the coffin of “local control” and “limited government.” The 89^th Texas Legislature is not your father’s Oldsmobile.

30-day report

Political campaigns must file campaign finance reports 30 days before an election date. The Lege is 30 days out from its scheduled end. Combine those two ideas like peanut butter and chocolate and what do you get? A 30-day report on random legislative topics that you might find interesting! Herewith follows a list of bills on these topics that are on the move (there are too many to link, but you can read them at https://www.capitol.state.tx.us/):
BAIL: HB 413 (max pretrial detention periods), SB 9 (Guv’s bail reform), SB 664 (magistrate qualifications and training), SB 1020 (notice of EM violations), SJR 1 (denial for illegal aliens), SJR 5 (denial for violent/sex crimes)
CIVIL ASSET FORFEITURE: HB 2309 (AG forfeitures in human trafficking, sex crimes, and Medicaid fraud), SB 1498 / HB 3110 (forfeiture of digital currency)
COURTS: SB 293 / HB 1761 (judicial pay and accountability), HB 2637 (grand jury impaneling), HB 4139 (courtroom telecasts), SB 1220 (reversal of Charette), SB 2878 / HB 5060 (omnibus judicial branch bill)
CPS: HB 116 (limiting involuntary terminations), HB 917 (elected prosecutors as ad litems), HB 1151 (limiting terminations for neglect), HB 2216 (limiting removals and terminations), HB 3281 (removing certain grounds for terminations), SB 2785 / HB 2665 (notification to prosecutor)
DRUGS: HB 46 (T-CUP expansion), HB 166 / SB 1234 (fentanyl presumption of danger), HB 463 (pretrial dismissal and expunction w/o lab report), HB 1644 (fentanyl strips), SB 3 (consumable THC ban/regulation), SB 1152 / HB 5467 (continuous mfr/del crime), SB 1505 (T-CUP expansion), SB 1868 (schedule/penalty group additions), SB 1870 / HB 5082 (local enforcement)
DWI: HB 1482 (no probation for DWI-3+), HB 1760 (intox manslaughter mandatory minimums), SB 745 (intox manslaughter penalty for multiple victims), SB 826 (DWI in school zone), SB 1660 (retention of toxicological evidence), SB 2320 (high BAC enhancement)
FAMILY VIOLENCE: HB 36 (GPS monitoring on bail), HB 2288 (defense to protective order), SB 1946 / HB 4155 (FV criminal homicide prevention task force), HB 4696 (remote participation in protective order hearing), SB 1021 (stalking as 3g offense), SB 2196 / HB 1194 (EPO duration)
That’s just seven of our 47 (!!) different bills tracks. Time permitting, we’ll provide more updates on other tracks next week.

Prosecutors in the Capitol Hallways

We are still seeing prosecutors trade courthouse hallways for Capitol hallways to fight the good fight. These are the prosecutors who were in Austin fighting for the bills they felt will assist them in administering justice. Chambers County District Attorney Cheryl Lieck testified in favor of SB 1723, which establishes the rapid DNA analysis pilot program. Tarrant County Assistant Criminal District Attorney Bill Vassar testified in favor of HB 3565, which would increase the penalty for interference with public duties. Dallas County Assistant Criminal District Attorney Rachel Burris testified in favor of SB 1021, which changes the eligibility for probation for someone convicted of stalking. Dallas County Assistant Criminal District Attorney Paige Williams testified in favor of HB 2046, which relates to expanding affirmative findings of family violence. She also testified in favor of SB 2373, which deals with financial exploitation using artificial intelligence. Montgomery County Assistant District Attorneys Amy Waddle and Laura Bond testified in favor HB 4254, which deals with the ability to appeal a mistrial order in a felony trial.Was someone from your office here this week that we missed? Be sure to let us know next time and we will be happy to give them a shout-out in a future newsletter!

Upcoming committee hearings

Monday
House State Affairs: 8:00 a.m., JHR 120
SB 330 Huffman: Relating to an election to approve a reduction or reallocation of funding or resources for certain county prosecutors’ offices.

Senate State Affairs: 9:00 a.m., Senate Chamber
SB 1807 Zaffirini: Relating to the confidentiality of certain personal information of an applicant for or a person protected by a protective order.

Tuesday
House Criminal Jurisprudence: 8:00 a.m., E2.014
SB 535 Huffman: Relating to the admissibility of evidence regarding a victim’s past sexual behavior in prosecutions of certain trafficking, sexual, or assaultive offenses.
SB 664 Huffman: Relating to qualifications, training, removal, and supervision of certain masters, magistrates, referees, associate judges, and hearing officers.
SB 1019 Huffman: Relating to the admissibility of certain hearsay statements in the adjudication of certain sexual or assaultive offenses committed against a child or a person with a disability.
SB 1020 Huffman: Relating to personal bond offices and notification to a judge regarding tampering with an electronic monitoring device while released on bond or community supervision.
SB 1120 Hinojosa: Relating to rights of a victim, guardian of a victim, or close relative of a deceased victim in certain criminal cases involving family violence, sexual or assaultive offenses, stalking.
SB 1537 Zaffirini: Relating to the appointment of an interpreter in a criminal proceeding.
SB 1804 Alvarado: Relating to restitution and compensation paid to victims of certain offenses for tattoo removal related to the offense.

Senate Criminal Justice: 8:00 a.m., E1.016   
HB 166 Capriglione: Relating to committing the criminal offense of endangering a child, elderly individual, or disabled individual by engaging in certain conduct involving a controlled substance.
HB 2000 Ashby: Relating to the applicability of sex offender registration requirements to the offense of child grooming.
HB 3248 Cortez: Relating to the authority of a defense base development authority to employ and commission peace officers.
HB 3513 Fairly: Relating to the composition, duties, and personnel of the Moore County Juvenile Board.
SB 155 Menendez: Relating to an attack by a dangerous dog.
SB 1659 Hughes: Relating to requiring a warrant to search certain location information purchased by a governmental entity from a data broker or electronic personal data tracker.
SB 1730 Hall: Relating to recovery of damages for injuries arising out of certain uses of force or deadly force.
SB 1778 Miles: Relating to the use of telemedicine services in the juvenile justice system.
SB 1790 Campbell: Relating to the composition of the Comal County Juvenile Board.
SB 1848 Zaffirini: Relating to the disclosure of confidential juvenile records to a managed assigned counsel program.
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 2105 Blanco: Relating to the authority of a country attorney or district attorney to enforce human trafficking awareness and prevention in commercial lodging establishments.
SB 2794 Paxton: Relating to the criminal offense of interference with child custody.
SB 2917 Miles: Relating to the penalties for certain littering offenses.

House Public Education: JHR 140
HB 1325 Vasut: Relating to transfer of students who are children of certain judges, prosecuting attorneys, and service members.

Wednesday
House Homeland, Public Safety, Veterans: 8:00 a.m., E2.016
SB 1101 Flores: Relating to the prosecution of the offense of smuggling of persons

Senate Health and Human Services: 8:00 a.m., Senate Chamber
HB 2216 Hull: Relating to procedures and grounds related to the removal and placement of children, including for terminating the parent-child relationship, for taking possession of a child, and for certain hearings.

Senate Transportation: 8:00 a.m., E1.016
SB 2799 Creighton: Relating to increasing the criminal penalty for the offense of reckless driving.

Thursday
House Sub Committee New Offenses and Changed Penalties: 8:00 a.m., E2.014
SB 990 Bettencourt: Relating to increasing the punishment for certain conduct constituting the offense of murder.
SB 1362 Hughes: Relating to prohibiting the recognition, service, and enforcement of extreme risk protective orders.
SB 1379 Flores: Relating to increasing the criminal penalties for forgery.
SB 1451 Flores: Relating to increasing the criminal penalty for the offense of stealing or receiving a stolen check or similar sight order.
SB 2320 King: Relating to increasing the criminal punishment for certain driving while intoxicated offenses.

House Judiciary and Civil Jurisprudence: 8:00 a.m., JHR 120
SB 311 Hughes: Relating to the writ power of the Texas Supreme Court.
SB 1164 Zaffirini: Relating to emergency detention of certain persons evidencing mental illness and to court-ordered inpatient and extended mental health services.
SB 1574 Zaffirini: Relating to a centers of excellence program developed by the Texas Judicial Council and a merit payment for certain justices and judges.
SJR 27 Huffman: Proposing a constitutional amendment regarding the membership of the State Commission on Judicial Conduct and the authority of the commission and the Texas Supreme Court to more effectively sanction judges.

House Culture, Recreation, and Tourism: 9:00 a.m., E2.028
HCR 89 Hefner: Designating the cannon as the official state gun of Texas.

Quotes of the week

“What we did yesterday not only killed the misused and abused Local and Consent Calendar yesterday, but you won’t see another one for the rest of this Session and we’re not even close to being finished …. Burrows’  Leadership team has left us no other options than to burn it all down.”
—Representative Steve Toth (R-Conroe) in an X post explaining the state of the legislative session after a contingency of the most conservative House Republicans decided to block the Local and Consent Calendars from moving forward. The Local and Consent Calendars normally move large amounts of local and uncontested legislation without much opposition.

“The woman was slaughtered in Representative Jolanda Jones’s district in Harris County. Representative Jones needs to also support these tougher bail policies of seeking to make sure crimes, murders like this don’t happen in her district anymore.”
—Governor Greg Abbott advocating for bail reform and imploring Democrats to vote for the constitutional change. Constitutional amendments require 12 House Democrats to join all 88 Republicans to meet the two-thirds vote requirement.  

“Law enforcement, prosecutors, and judges have spent years asking the legislature for real fixes for crime and reforms to the bail system in Texas, and House Democrats are ready to deliver. In 2025, we know how to stop crime before it happens and keep dangerous criminals off our streets. But Dan Patrick and Greg Abbott don’t actually want to fix crime — they want to run on it in their next elections.”
—Representative and Democrat Caucus Chair Gene Wu (D-Houston) explaining the Democrats’ willingness to negotiate on bail and criminal reforms in Texas.

“Well, for good reason, Representative Harrison, because when you lie, mislead, and deceive not only the fellow members of the House but the people of Texas, you deserve to be called out on it, and your microphone deserves to be cut off.”  
—Representative Jeff Leach (R-Plano) admonishing Representative Brian Harrison (R-Midlothian) after Harrison repeatedly looked at his cell phone while he was laying out his bill in the House Committee on Judiciary and Civil Jurisprudence.   

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The Texas Legislature continues its own version of the NFL draft. All bills are eligible to be drafted into law just like all college football players are eligible to be drafted into the league, but most never get that phone call. Only some bills are invited to the combine (committee) to be looked over by scouts (committee members), and even many of those end up undrafted and then try to sign on as a free agent (floor amendment to another bill). There are only 38 days left to see which bills get to go pro. And with the first pick, Texas chooses …

New Committee Postings! See below.

Prosecutors at the Texas Capitol

The saying goes that if you are not at the table, then you are on the menu. These prosecutors made sure to be at the table by testifying on HB 3330 by Cook concerning the Heath fix: Fort Bend County DA Brian Middleton, Williamson County DA Shawn Dick, Montgomery County DA Brett Ligon, Comal County CDA Jennifer Tharp, and Montgomery County ADA Amy Waddle. HB 3330 attempts to end the unfair gamesmanship occurring in the wake of the Heath opinion by clearing up some ambiguities in Code of Criminal Procedure Art. 39.14. It was a raucous hearing that lasted hours as the committee asked tough questions of proponents of the bill. Defense attorneys brought in exonerees to voice their concerns that the bill might chip away at the Michael Morton Act. At the end of a contentious hearing, the bill was left pending in committee. The next step will be for Representative Cook (R-Mansfield) to negotiate the language that attracted the most resistance from committee members to see if a slimmed-down version of HB 3330 can pass out of the committee.

In other news, Comal County Criminal District Attorney Jennifer Tharp testified in favor of HB 3167, which increases the punishment for organized retail theft. Parker County Criminal District Attorney Jeff Swain testified in favor of HB 2590, which increases the punishment for the offense of indecent exposure. Montgomery County DA Brett Ligon testified in favor of HB 1255, which increases the penalty for certain offenses committed by a professional who is required to report child abuse. Montgomery County Assistant District Attorney Nancy Hebert testified in favor of HB 2593, which increases the penalty for the offense of indecent assault against a disabled or elderly individual. She also testified in favor of HB 3185, which will help with investigations of certain cybercrimes. And Dallas County Assistant Criminal District Attorney Gary McDonald testified in favor of SB 816, which would allow cell phone companies to disclose location data to the police in life-threatening situations.

There is no substitute for in-person testimony for or against legislation! Lawmakers truly appreciate hearing from experts who will have to live with the real-life consequences of any legislation passed during the session. Just like in certain raffle games, you must be present to win. Thank you again to all the prosecutors who committed to travelling to Austin to make their voices heard. Please keep us posted if you or someone from your office plans to testify in a committee hearing this session. TDCAA is here to help you navigate the Texas Capitol, even if that only means a parking spot at the association’s HQ, free coffee, and showing you the way to the big Capitol gift shop.

Regional DA legislation

HB 4803 by Spiller (R-Jacksboro) would create four “regional DAs” (who aren’t really DAs) for certain parts of the state (map available here) who would have the power to take any criminal case from any local CA or DA in their large, multi-county regions and prosecute it (or not prosecute it, as the case may be). That bill was removed from its committee agenda the night before it was scheduled to be heard two days ago. There are several reasons why a bill might be removed like this: One of those reasons could be that there were many prosecutors who let their state reps know that they opposed the bill and were ready to testify against the bill in person. Some even showed up anyway—including Hill County CA David Holmes and Somervell County CA Trey Brown—and were able to register their support or opposition on other legislation while they were here. (There is always work to be done in Austin!)

While the fate of HB 4803 remains uncertain, there is also a Senate version that deserves your attention. SB 2384 by Hughes (R-Mineola) is awaiting a hearing in the Senate Criminal Justice Committee and we understand that the bill’s supporters are making a hard push for that to happen as soon as next week. The Senate bill’s structure differs from the House bill, resulting in a different map (copy available here) and different provisions. Be sure to read it for yourself and then take pre-emptive action with your senators if you wish.

Other bills on the move

Too many bills are now moving through the process for us to be able to stay on top of it all. If you can picture Hector and Shannon playing the roles of Lucy and Ethel working the conveyor belt trying (but failing) to keep up with everything coming our way, you would not be too far off. Here are some bon-bons we did manage to grab for you this week:

HB 45 by Hull requiring OAG to prosecute certain human trafficking crimes / passed from House State Affairs Committee to House Calendars Committee
HB 204 by Tepper to remove the DA salary supplement “donut hole” in certain counties / passed House, referred to Senate Finance Committee
HB 503 by Tepper adding counties to rural law enforcement (SB 22) grants / passed House 111-36, headed to Senate
HB 917 by Spiller authorizing county attorneys to be ad litems in CPS cases / passed House 119-8, headed to Senate
HB 2216 by Hull to limit CPS interventions in abuse or neglect cases / passed House 140-4, referred to Senate
HB 2715 by Curry changing procedures for removal of certain officials / passed from House State Affairs Committee to House Calendars Committee
HB 3964 by Vasut barring certain public nuisance claims / heard and left pending in House Judiciary Committee
HB 5138 by Shaheen requiring OAG to prosecute certain election crimes / heard and left pending in House State Affairs Committee
SB 16 by Hughes requiring OAG to prosecute certain voter registration crimes / passed Senate, referred to House Elections Committee
SB 1367 by Hughes granting the State Prosecuting Attorney trial court jurisdiction / heard and left pending in Senate State Affairs Committee
SB 1610 by Perry granting new civil commitment prosecution powers to SPU / passed Senate, referred to House Corrections Committee
SB 1861 by Hughes assigning certain election crime prosecutions to special prosecutors / heard and left pending in Senate State Affairs Committee
SB 2743 by Hagenbuch disqualifying certain local prosecutors from handling election crimes / passed Senate 19-12 (with Sen. Nichols (R-Jacksonville) joining Senate Ds in opposition), headed to House

Like one of these bills? Hate one of these bills? Even those that have passed one chamber have not had their final fate sealed. Contact us for more information if you want to get involved.

Recognition

We had the pleasure of helping to honor one of our own yesterday when the Texas House and Senate recognized former TDCAA Executive Director Rob Kepple on his retirement. The official resolution can be read here. A video clip of each recognition can be viewed by clicking these links: Senate and House (each is about five minutes long, but they may take a minute to load on handheld devices). It was a fitting tribute to Rob’s legacy, and we are glad we could share this special day with him!

Upcoming committee hearings

Tuesday
House Criminal Jurisprudence: 8:00 a.m., E2.014
HB 115 Cook: Relating to applications for a writ of habeas corpus after conviction.                                 
HB 1847 Collier: Relating to a maximum allowable caseload for certain attorneys.                                 
HB 2046 Davis: Relating to an affirmative finding of family violence entered in the trial of certain offenses.                             
HB 2239 Dutton: Relating to the locations in which certain knives are prohibited.
HB 2328 Orr: Relating to the procedures for the expunction of arrest records and files; authorizing a fee.                                      
HB 2309 Villalobos: Relating to the forfeiture of certain contraband and the authority of the Attorney General to bring certain forfeiture actions.                              
HB 2417 Campos: Relating to the eligibility of certain wrongfully imprisoned persons for compensation and for the expunction of arrest records and files in the case.                                  
HB 2728 Dutton: Relating to spoliation of evidence held for use in a criminal proceeding.                                  
HB 2794 Capriglione: Relating to the admissibility of evidence regarding a victim’s past sexual behavior in prosecutions of certain assaultive offenses.                              
HB 3206 Hayes: Relating to the sequestration of a jury in a criminal case.                                    
HB 3566 Flores: Relating to the frequency of county bail bond board meetings.                                    
HB 3694 Raymond: Relating to the unlawful production or distribution of sexually explicit media and removal of certain intimate visual depictions published on online platforms without the consent of the person depicted; increasing criminal penalties.                                
HB 3744 Manuel: Relating to the definition of intervenor for purposes of crime victims’ compensation.                             
HB 4254 Metcalf: Relating to appeal of a mistrial order in a felony case.                                 
HB 4697 Garcia: Relating to a defendant’s appearance by telephone or videoconference in a justice or municipal court.
HB 4733 González: Relating to the expunction of arrest records and files and the issuance of orders of nondisclosure of criminal history record information for certain persons.                     
HB 4915 Moody: Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.                                    
HB 5465 Moody: Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual or developmental disability.  

Senate Criminal Justice: 8:00 a.m., E1.016
SB 614 Hinojosa: Relating to the authority of the Texas Forensic Science Commission to review and refer certain cases to the office of capital and forensic writs.
SB 872 Birdwell: Relating to the punishment for the offense of burglary of a vehicle involving theft of a firearm.
SB 1199 Birdwell: Relating to the investigation of the death of a prisoner in county jail.
SB 1212 Paxton: Relating to the prosecution and punishment for the offense of trafficking of persons.
SB 1278 Parker: Relating to an affirmative defense to prosecution for victims of certain offenses.
SB 1573 Birdwell: Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.
SB 1588 Hancock: Relating to the failure to report child abuse or neglect.
SB 1602 Hagenbuch (F): Relating to creating the criminal offense of trespass on or near school or day-care center property.
SB 1660 Huffman: Relating to the retention and preservation of toxicological evidence of certain intoxication offenses.
SB 1704 Parker: Relating to certain rights of crime victims and witnesses and associated persons and to victim impact statements.
SB 1723 Creighton: Relating to the establishment of a rapid DNA analysis pilot program in certain counties.
SB 1833 Parker: Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance.
SB 1858 Hagenbuch (F): Relating to eligibility for the bulletproof vest and body armor grant program.
SB 1946 Zaffirini: Relating to the creation of a family violence criminal homicide prevention task force.
SB 2009: Campbell: Relating to the compensation of counsel appointed to provide representation and services to indigent individuals in criminal and juvenile proceedings.
SB 2146 Huffman: Relating to the information reported by prosecuting attorneys to the Texas Judicial Council.
SB 2177 Hagenbuch (F): Relating to the creation of a grant program to assist local law enforcement agencies in solving violent and sexual offenses.
SB 2373 Johnson: Relating to the financial exploitation or abuse of persons using artificially generated media or phishing communications.
SB 2460 Creighton: Relating to rapid DNA analysis performed by certain law enforcement agencies and the content of certain DNA databases.
SB 2785 Birdwell: Relating to notification and disclosure of records and information concerning an investigation of a report of child abuse or neglect to county or district attorneys.                                 

Wednesday
House Corrections: 8:00 a.m., E1.014
HB 2708 Allen: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.
HB 4515 Cook: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.
SB 1021 Huffman: Relating to changing the eligibility for community supervision of a person convicted of stalking.
SB 1610 Perry: Relating to the Texas Civil Commitment Office and the prosecution of the offense of harassment by sexually violent predators and others confined in certain facilities.

State Affairs: 8:00 a.m., JHR 140
HB 5318 Louderback: Relating to the authority of the attorney general to prosecute certain criminal offenses against public order.
HB 5360 Villalobos: Relating to the duty of the attorney general to prosecute human trafficking offenses.                                                                    

House Homeland, Public Safety, Veterans: 8:00 a.m., E2.016 
HB 2956 McLaughlin: Relating to a central database about certain persons who have been convicted or received deferred adjudication for offenses involving family violence.

House Judiciary and Civil Jurisprudence: 8:00 A.M., E2.030
HB 4256 Spiller: Relating to actions brought by the attorney general on behalf of certain persons under the Texas Free Enterprise and Antitrust Act of 1983.
HB 1571 Jones: Relating to access to and notification of protective order registry information.
HB 4266 Kitzman: Relating to the application of the professional prosecutors law to the county attorney of Fayette County.
SB 251 Flores: Relating to the creation of criminal law magistrates for Bell County.
SB 1719 Hughes: Relating to the rulemaking power of the Texas Supreme Court.

Thursday
Subcommittee on New Offenses and Changed Penalties: 8:00 A.M., E2.014
HB 544 Gervin-Hawkins: Relating to the imposition of consecutive sentences for more than one criminal offense of injury to a child, elderly individual, or disabled individual arising out of the same criminal episode.
HB 689 Gervin-Hawkins: Relating to increasing the criminal penalty for certain offenses committed in a vehicle operated by a public transportation system.
HB 2915 Shaheen: Relating to the criminal penalty for rigging a publicly exhibited contest.
HB 3207 Dean: Relating to the prosecution and punishment of the offense of intoxication assault.
HB 3565 Cook: Relating to increasing the criminal penalty for the offense of interference with public duties.
HB 5467 Kitzman: Relating to creating the criminal offense of continuous manufacture or delivery of a controlled substance.

NDAA survey on federal grant cuts

The National District Attorneys Association (NDAA) has created a short survey to help evaluate the impact of recent grant terminations by the U.S. Department of Justice (DOJ). If you have been impacted (or fear being impacted) by those cuts, you can complete the survey by clicking here.

Quotes of the week

“Who is your District Attorney? Have you talked to him?”

—Representative Richard Raymond (D-Laredo) during a House State Affairs Committee meeting asking Representative Matt Shaheen (R-Plano) if he had spoken with his local DA prior to filing HB 5138 to give the Attorney General original jurisdiction over election crimes. (Representative Shaheen had not, in fact, spoken to his local DA.)

“The district attorney at that point would have said, ‘I choose not to prosecute.’ The way this bill is written, that would, to me, say, he chose not to so the AG can then decide, even though it has been to a grand jury and the grand jury no-billed.”

—Representative Charlie Geren (R-Fort Worth) questioning Representative Shaheen during that same hearing about giving the Attorney General the power to take over a case that has been no-billed by a grand jury.  

“I had a great dinner with the Speaker last night. Our relationship is light years beyond any other speaker I’ve worked with over the last decade.”

—Lt. Governor Dan Patrick describing his relationship with Speaker Dustin Burrows in an X post. 

“Mr. Craddick, I do have one question. I was not expecting to stay here this late. So yeah.  This may be the first time you ever hear this question, but I’m requesting a school note to excuse my absence.”  

—A Frisco eighth grader speaking to Chairman Tom Craddick (R-Midland) after testifying before the Texas House Transportation Committee at nearly 1 a.m.   

“I’ve been to 9 rodeos and 6 world fairs and let me tell you, this is horseshit.”

—Representative Richard Hayes (R-Hickory Creek), overheard talking with his Republican colleagues on the House floor right before dozens of bills on the Local and Consent Calendar were rejected for that expedited consideration. (That calendar normally passes without much opposition since it contains non-controversial bills, but tensions are high on the House floor!)   

“Isn’t the goal of the bill, just wanting to know, if you’re turned down. Turned down for what!”

—Representative Anchia (D-Dallas) asking Representative Dennis Paul (R-Houston) about Paul’s HB 2067 that would require insurers to provide written statements detailing the reasons for declining, canceling, or refusing to renew an insurance policy.

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New Committee Listings Alert! See below.

Plenty of Easter eggs for prosecutors this past week as they searched the Capitol halls for good and bad legislation. The Legislature takes an Easter break with less than 50 days left in the legislative session, adjourning today and not returning until Tuesday. House members will need time away from each other to recover from the battle over education savings accounts (ESAs). Let’s hope the Easter bunny will be good to the lawmakers and the sugar high will get them through the last few weeks.

Prosecutors at the Texas Capitol

There were several prosecutors at the Capitol this week testifying in favor of and against different bills.
Montgomery County District Attorney Brett Ligon, Galveston County Criminal District Attorney Jack Roady, and Dallas County Assistant Criminal District Attorney Jason Hermus testified in favor of SB 2797, which requires reciprocal discovery from criminal defense attorneys. (More about that bill below.)
Brazos County District Attorney Jarvis Parsons testified in favor of HB 1871, which would increase the punishment for attempted capital murder of a peace officer.
Galveston County Criminal District Attorney Jack Roady and 106th Judicial District Attorney Philip Mack Furlow testified against HB 3362, and 8th Judicial District Attorney Will Ramsay and Chambers County Assistant District Attorney Eric Carcerano joined in to testify against HB 3664. Both bills would change the grand jury system in Texas to require that prosecutors alert and provide discovery to any target of a grand jury investigation before he testifies and  record the full proceedings, while HB 3664 would also bar some re-presentations, not allow the State to proceed with witness testimony unless the witness has an attorney or decides against retaining counsel, and impose new training requirements for grand jurors. Both bills were left pending after testimony wrapped up around 12:30 a.m. Wednesday morning.
Walker County Criminal District Attorney Will Durham testified in favor of HB 3507, which increases the punishment range for habitual theft offenders.
Dallas County Assistant Criminal District Attorney Jessica Trevizo testified in favor of HB 285, which addresses the prosecution of cockfighting.
Dallas County Assistant Criminal District Attorney Jenni Morse testified in favor of HB 3358, which redefines the term “emergency service provider” to include those who offer post-emergency response services. The new definition now includes attorneys, investigators, and other staff members affiliated with district attorneys’ offices as part of this group, acknowledging their role in crisis management and support services.
Dallas County Assistant Criminal District Attorney Alicia Patterson testified in favor of HB 2348, which would allow prosecutors to take depositions of elderly witnesses and to play the deposition during trial.
Dallas County Assistant Criminal District Attorney Cynthia Garza testified in favor of HB 2698, which would require a court to appoint an attorney for an indigent defendant for a writ of habeas corpus.
Montgomery County Assistant District Attorney Carmen Morales testified against HB 2771, which would expand the ability of convicted felons who commit certain crimes to possess a firearm.

All the prosecutors did an excellent job testifying.  It is almost like they have experience advocating in front of an audience. If you or someone from your office testifies in a committee hearing this session, let us know so we can share your good work with other TDCAA members!

Discovery legislation

Senate Bill 1124 by Huffman (R-Houston) passed out of the Senate and has been referred to the House Criminal Jurisprudence Committee. This legislation has been labeled “the Heath fix,” as the bill attempts to end the unfair gamesmanship occurring in the wake of the Heath opinion by clearing up some ambiguities in Code of Criminal Procedure Art. 39.14, encouraging pretrial resolution of discovery disputes before trial, and limiting a court’s ability to suppress “Heath evidence” absent bad faith by the disclosing party or incurable prejudice to the receiving party. The companion bill is HB 3330 by Cook (R-Mansfield), which is also awaiting a hearing by the House Criminal Jurisprudence Committee.

Senate Bill 2797 by Creighton (R-Conroe) passed out of the Senate Criminal Justice Committee and is headed to the Senate Floor. The reciprocal discovery bill would change the way that criminal law is practiced in Texas. It would require defense attorneys to turn over witness names, witness statements, and other exhibits that will be used in criminal trials. If passed, it will end “trial by ambush” that most prosecutors are accustomed to handling.

“Regional DA” bill to be heard next week?

We don’t have a crystal ball to tell us what bills will be posted for hearings after the Easter break, but we think we know one bill that will: HB 4803 by Spiller (R-Jacksboro), which would create four “regional DAs” for certain parts of the state (map available here) who would have the power to take any criminal case from any local CA or DA in their large, multi-county regions and prosecute it (or not prosecute it, as the case may be). That bill was scheduled to be heard in the House Judiciary Committee this past Wednesday but fell victim to the House floor debate on ESAs, buying potential opponents more time to organize against it before it likely reappears on next week’s meeting notice. We know waaaaaaay more about this bill than we can share publicly. If you are interested in engaging with the legislature on this novel re-imagining of 21^st-Century prosecution in Texas, please read the bill for yourself and then contact Shannon or Hector for the scoop.

State budget process goes dark

Now that both chambers have passed different versions of the next State Appropriations Act (SB 1 by Huffman/Bonnen), the bill goes to a conference committee to resolve their differences. The Lite Guv has chosen the Senate fighters conferees: Sens. Huffman (R-Houston) (chair), Creighton (R-Conroe), Kolkhorst (R-Brenham), Nichols (R-Jacksonville), and Schwertner (R-Georgetown). The House Speaker has also made his selections: Reps. Bonnen (R-Friendswood), M. Gonzalez (D-San Elizario), Orr (R-Itasca), Kitzman (R-Pattison), and Walle (D-Houston). These 10 legislators will now fight for their respective chamber’s priorities in a process of horse-trading and log-rolling that takes place behind closed doors. They will emerge in a few weeks like Punxsutawney Phil to predict the next two years of bleak fiscal winter or sunny springtime support. Your mileage may vary depending on what you are hoping for, so check back in a month to learn the final forecast!

Upcoming floor debates

Bills scheduled for debate on the House floor next week include HB 1644 to legalize fentanyl strips, HB 2596 to authorize protective orders for victims of certain burglary offenses, HB 2216 to limit state interventions in cases of alleged abuse or neglect of children, and HB 503 to expand eligibility for SB 22 rural law enforcement grants to counties with a population below 400,000. For all the bills posted for debate on the House floor next week, click here.

Bills eligible for debate on the Senate floor next week include SB 552 barring illegal aliens from eligibility for community supervision, SB 1065 by Hall allowing LTC holders to carry a handgun at the State Fair or similar events, SB 1868 re-criminalizing kratom, and SB 2743 to disqualify local prosecutors from election fraud prosecutions and replaced them with the OAG. For all the bills posted for potential debate on the Senate floor next week. click here.

Upcoming committee hearings

The Texas Legislature has taken its Easter break and did not post many committee hearings as of the time of this writing. However, we will send out another update to announce all the committee hearings for the coming week when they are available. Please check your email and our website for updates. 

Tuesday
Senate Criminal Justice: 8:00 a.m., E1.016
SB 127 Hall: Relating to the offense of failure to report child abuse or neglect by certain professionals and the statute of limitations for that offense.
SB 456 Middleton: Relating to the purchase or sale of human organs.
SB 482 Alvarado: Relating to increasing the criminal penalties for assault and harassment against employees or agents of a utility and committed in a disaster area or evacuated area.
SB 659 Schwertner: Relating to the punishment for the offense of smuggling of persons through the use of government resources.
SB 739 Kolkhorst: Relating to the definition of authorized peace officer for purposes of laws governing the installation and use of tracking equipment and access to certain communications.
SB 816 Huffman: Relating to authorizing the disclosure of certain electronic customer data by a provider of an electronic communications service or a remote computing service in certain immediate life-threatening situations.
SB 1234 Hancock: Relating to committing the criminal offense of endangering a child, elderly individual, or disabled individual by engaging in certain conduct involving a controlled substance listed in Penalty Group 1-B.
SB 1666 Zaffirini: Relating to the payment of restitution by a person released on parole or to mandatory supervision.
SB 1886 Sparks: Relating to the execution of a search warrant for taking a blood specimen from certain persons in certain intoxication offenses.
SB 1980 Hall: Relating to increasing the criminal penalty for the offense of assault committed against certain public servants and to the prosecution of the criminal offense of interference with public duties of those public servants.
SB 2580 Hancock: Relating to the definition of a designated law enforcement office or agency for purposes of certain laws governing the installation and use of tracking equipment and access to certain communications.
SB 2611 West: Relating to the status of certain documents or instruments concerning real or personal property.
SB 2693 Perry: Relating to the role of advocacy and support groups in the juvenile justice system.
SB 2776 Hinojosa: Relating to the disclosure of certain information by the Texas Juvenile Justice Department.

House Criminal Jurisprudence: 10:00 a.m., E2.014
HB 867 Jones: Relating to the dismissal of a criminal case by the attorney representing the state.
HB 1347 Turner: Relating to the prosecution of the offense of exploitation of a child, elderly individual, or disabled individual.
HB 1801Bhojani: Relating to the definition of authorized peace officer for purposes of governing the installation and use of tracking equipment and access to certain communications.
HB 1820 Bowers: Relating to the expunction of arrest records and files when a grand jury fails to find that probable cause exists to believe the alleged offense was committed.
HB 2197 Money: Relating to the protection of an unborn child’s rights and criminal liability and justification for prohibited conduct.
HB 2617 Anchia: Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.
HB 3110 Perez: Relating to civil asset forfeiture of digital currency or other similar property.
HB 3166 Cook: Relating to the authority of a court to grant a commutation of punishment and to victims’ rights regarding a motion to grant a commutation.
HB 3330 Cook: Relating to discovery in a criminal case. (Heath fix)
HB 4237 Hayes: Relating to appeals from a justice or municipal court.
HB 4342 Cook: Relating to the admissibility of certain hearsay statements in the prosecution of certain sexual or assaultive offenses committed against a child or person with a disability.
HB 4629 Moody: Relating to jury instructions regarding parole eligibility for certain felony offenses that are not eligible for parole.
HB 4933 Curry: Relating to the disposition of a seized weapon belonging to a person who is not prosecuted or convicted for an offense involving the weapon.
HJR 148 Cook: Proposing a constitutional amendment authorizing the legislature to enact laws providing for a court to grant a commutation of punishment to certain individuals serving a term of imprisonment.

Licensing and Administrative Procedures: 10:30 a.m., E2.016
HB 1382 Virdell: Relating to a prohibition on weather modification and control.
HB 3945 Bumgarner: Relating to the licensing and regulation of massage therapy and other programs administered by the Texas Department of Licensing and Regulation.

House Subcommittee on Family and Fiduciary: 2:00 p.m., E1.014
HB 782 Thompson: Relating to the transfer of a protective order
HB 2288 Dutton: Relating to an affirmative defense by the respondent to an application for a protective order
HB 4696 Garcia: Relating to the remote participation of certain persons in a proceeding for the issuance or modification of a protective order

Wednesday
House State Affairs: 8:00 a.m., JHR 140
HB 1907 Paul: Relating to a prohibition on governmental contracts with Chinese companies for certain information and communications technology.
HB 3439 Guillen: Relating to the office of the attorney general with respect to the installation and use of tracking equipment and access to certain communications.
HB 5138 Shaheen: Relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.

House Judiciary and Civil Jurisprudence: 8:00 A.M., E2.030
HB 2799 Dutton: Relating to the exclusion of certain cases from judicial statistics reporting, court performance measures, or other efficiency reporting by the Texas Judicial Council.
HB 5060 Leach: Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.
HB 5080 Leach: Relating to confidentiality of certain information of a county, court, or the Office of Court Administration of the Texas Judicial System employees and family members.
HB 5081 Leach: Relating to the protection of personal identifying information of certain persons in the judicial system.
HB 3964 Vasut: Relating to common law public nuisance claims.
HB 4803 Spiller: Creation of Regional District Attorneys for the Northeast Texas, Central Texas, Southeast Texas, and South Texas Regions
HB 4260 Bumgarner: Relating to a prohibition on the practice of law in certain courts by a county commissioner or a county judge

House State Affairs: 8:00 a.m., JHR 140
HB 1907 Paul: Relating to a prohibition on governmental contracts with Chinese companies for certain information and communications technology.
HB 3439 Guillen: Relating to the powers and duties of the attorney general with respect to installation and use of tracking equipment and access to certain communications.
HB 5138 Shaheen: Relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.

House Subcommittee on Juvenile Justice: 8:00 a.m., E1.010
HB 3442 Reynolds: Relating to approved court-ordered alcohol awareness programs.
HB 5525 Jones: Relating to parole guidelines and procedures for inmates convicted of an offense committed when younger than 18 years of age.
HB 5561 Money: Relating to the diversion of certain foster youth from the juvenile justice system, including through emergency behavior intervention by foster care services.

House Homeland, Public Safety, Veterans:10:30 a.m., E2.016
HB 1455 Jones: Relating to the collection and reporting of information regarding mental health jail diversion.
HB 1777 Morales: Relating to a designation on a person’s driver’s license or personal identification certificate that the person is a registered sex offender.
HB 2136 Bhojani: Relating to design and use of a model criminal citation.
HB 2609: Bernal: Relating to prohibiting the denial of a driver’s license renewal for failure to appear in court, failure to pay a fine or cost, or failure to satisfy a judgment.
HB 3552: Hefner: Relating to criminal conduct involving the theft or unauthorized possession of copper or brass and to the sale of copper or brass material to metal recycling entities.
HB 3846 Louderback: Relating to the authority of a reserve peace officer.
HB 4155 Manuel: Relating to the creation of a family violence criminal homicide prevention task force.
HB 4879 King: Relating to the creation of a grant program to assist local law enforcement agencies in testing certain substances suspected of containing delta-9 tetrahydrocannabinol.
HB 4995 Wilson: Relating to the carrying of handguns by tactical medical professionals while on duty providing support to tactical units of law enforcement agencies.
HB 5014 Isaac: Relating to the rights of special forces veterans who hold a license to carry a handgun.
HB 5139 Guillen: Relating to less-lethal force weapons, including a defense to prosecution for certain offenses involving the use of a less-lethal force weapon by a peace officer.
HB 5228 Ward Johnson: Relating to the collection of certain incident-based data reported to the Texas Commission on Law Enforcement.

Thursday
House Subcommittee New Offenses and Changed Penalties: 8:00 a.m., E2.014
HB 108 Plesa: Relating to the use of metal or body armor while committing an offense.
HB 1255 Toth: Increasing the criminal penalty for offenses committed by a professional who is required to report child abuse or neglect and against a child under the care of that professional.
HB 1509 Hickland: Relating to the offense of failure to stop or report aggravated sexual assault of a child.
HB 1572 Campos: Relating to mail theft and certain criminal offenses committed against an employee or contractor of a common carrier or delivery service delivering mail.
HB 1720 Gervin-Hawkins: Relating to the creation of the criminal offense of trespass in a facility housing an animal and to restitution for property damage resulting from that trespass.
HB 2113 Reynolds: Relating to the creation of the criminal offense of hindering the investigation or prosecution of certain sexual offenses committed against a child.
HB 2181 Shaheen: Relating to increasing the criminal penalty for certain conduct constituting the offense of solicitation of prostitution.
HB 2590 Olcott: Relating to the punishment for the offense of indecent exposure.
HB 2593 Metcalf: Relating to increasing the criminal penalty for the offense of indecent assault against a disabled or elderly individual.
HB 3061 Oliverson: Relating to enhancing the punishment for committing certain criminal offenses while disguised or masked.
HB 3167 Cook: Relating to the prosecution and punishment of the criminal offense of organized retail theft.
HB 3189 Kerwin (F): Relating to increasing the criminal penalty for certain conduct constituting the offense of trafficking of persons.
HB 3425 Capriglione: Relating to the prosecution of certain criminal offenses involving the unlawful disclosure of a residence address or telephone number.
HB 4414 Alders (F): Relating to certain criminal offenses involving mail or a mail receptacle key or lock.

House Transportation: 8:00 a.m., E2.010
HB 2462 Leach: Relating to the use of a high occupancy vehicle lane by an operator of a motor vehicle who is pregnant.
HB 2621 Meyer: Relating to the recording and archiving of live video feed by the Texas Department of Transportation.
HB 3539 Harris Davila: Relating to the use of a high occupancy vehicle lane by an operator of a motor vehicle who is pregnant.
HB 4706 Paul: Relating to the applicability of certain pedestrian laws to certain sidewalk users

House Elections: 10:30 a.m., E2.012
HB 5337 Isaac: Relating to requiring a person to submit proof of citizenship to register to vote.

Friday
House State Affairs: 8:00 a.m., JHR 140
HB 5082 Leach: Relating to municipal and county enforcement of drug laws.
HB 5510 Leach: Relating to abortion, including civil liability for distribution of abortion-inducing drugs, and to the destruction of certain property.

Help preserve PSLF

The National District Attorneys Association (NDAA) and the National Association of Prosecutor Coordinators (NAPC) need your help to preserve prosecutors’ eligibility for student loan relief under the federal Public Service Loan Forgiveness (PSLF) program in the wake of the impending closure of the U.S. Department of Education. Please consider completing this online survey ASAP (but only once per office) to help those groups prepare for hearings in Washington, D.C., on that topic at the end of April:

PSLF Program Survey for Local Prosecutors’ Offices

The TDCAA office will be closed for Good Friday. Have a wonderful Easter weekend! 

Quotes of the week

“I just wanted to welcome you to the Committee on Government Inefficiency.”

—Representative Joe Moody (D-El Paso) welcoming Rep. Gio Capriglione (R-Fort Worth), chairman of the House Committee on Delivery of Government Efficiency (DOGE), to the House Criminal Jurisprudence Committee as the hearing went past midnight.

“You guys may have heard the old adage [that], you can indict a ham sandwich, and I think that right there is the problem. You truly can indict a ham sandwich. And fortunately, a lot of the ham sandwiches in this state have looked like Governor Rick Perry or Kay Bailey Hutchison or Robert Chody or Jason Nassour or Daniel Perry here in Austin.”

—Representative Mitch Little (R-Lewisville) discussing perceived issues with the grand jury system as he laid out his HB 3362.

“Thank you, Mr. Speaker. Members, I’m gonna do my best to remain calm, but it’s hard for me to put into words how outraged I am about this amendment. And over my dead body will this body take the time and effort and energy and resource[s] to honor her.”

—Representative Brian Harrison (R-Midlothian) attempting to keep the Texas House from honoring the late Cecile Richards, daughter of Governor Ann Richards and former president of the Planned Parenthood Federation of America. The members debated the matter for several hours before all memorial resolutions for that day were withdrawn, after which all House bills on the Local and Consent Calendar were also withdrawn, both of which indicate significant disfunction in the House following the passage of the controversial ESA bill.

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