Texas lawmaking can be as entertaining as some movies. And just as a studio releases trailers to tell you what its movie is about, the Texas Legislature releases interim charges to tell you what the upcoming legislative session will be about. We will review the latest trailers (interim charges) that just dropped so you can provide input and be ready for the main event. Grab your popcorn and check out this month’s newsletter. We have one question for you once you are done reading: Are you not entertained? 

House Interim Charges

The House committees that affect prosecutors the most include Criminal Jurisprudence, Corrections, Homeland Security & Public Safety, and Judiciary & Civil Jurisprudence. The House interim charges issued last week by Speaker Burrows focus on a range of subjects from the rural attorney shortage and forensic bottlenecks to the prosecution of crimes committed in prisons. However, there are many crimes outside the Penal Code, which means there might be changes to criminal laws from a range of other committees. 

Appropriations: This grandaddy of all the committees allocates funds from the state treasury. Members will be looking into the implementation of grants to rural law enforcement and prosecutors, which means they will determine if SB 22 grants are going well. Your voice and advice are imperative on this issue as it looks like the House really wants to help rural prosecutors and law enforcement. They will also review the new Texas Cyber Command and the need to hire more DPS troopers. 

Corrections: This committee will focus on crimes within TDCJ and try to identify barriers to effective investigation and prosecution. Expect a review of how the TDCJ Office of Inspector General, the Special Prosecution Unit, and local prosecutors coordinate.

Criminal Jurisprudence: This is the House committee that most directly impacts criminal justice. Members will zero in on disparate prosecutorial policies that impact prosecution of serious offenses. This is a euphemism for “why are certain (wink wink) prosecutors not punishing serious crimes?” The committee will also look into clearance rates for violent crimes and why cases stall. Elder fraud, financial exploitation, and juvenile justice will also be big topics, as will the legal deserts in rural Texas. The committee will study and identify partnerships with Texas law schools to strengthen the pipeline of both prosecutors and defense attorneys for rural areas. This is another clue that this could be a big legislative session for rural prosecutors and law enforcement. By big, we mean more appropriations and other goodies. Please look at page 7 of the House Interim Charges for even more Crim Jur details and feel free to reach out to us with any questions. 

Energy Resources: This is a great example of why we monitor all committees because you just never know where a new criminal law or responsibility might be born. This committee will monitor the creation of the organized oilfield theft prevention unit within DPS, which affects West Texas prosecutors and law enforcement. 

Homeland Security & Public Safety: This committee will examine the Forensic Analyst Apprenticeship Pilot Program (SB 1620) designed to bolster the state’s forensic workforce. It will also look into several topics arising from foreign adversary interference, such as money transmitters, political activity, and infrastructure. TCOLE’s authority to establish new agencies that employ licensed peace officers and how to improve law enforcement employment will also be examined. 

Human Services: This committee will look into CPS investigations, including access to information and records regarding investigations and case progression. This will be important to child abuse prosecutors, as there was discussion last session about limiting disclosure of these investigations.

Intergovernmental Affairs Subcommittee on County and Regional Government: This tucked-away subcommittee has a very important mission: It will study how to strengthen county law enforcement and medical examiners’ statewide capacity. 

Judiciary & Civil Jurisprudence: This committee examines a wide range of subjects. It will look into HB 581, which is meant to protect children from AI-generated sexual material. It will also look into the liability of public schools for sexual misconduct involving students, and it will examine eviction practices. It will also investigate what data is reported and collected by the Office of Court Administration and the Texas Judicial Council. (We have more to say on this topic below). Finally, the committee will review the use of AI in the practice of law, which should be interesting. 

Natural Resources: Another example of why we keep our eyes on all the committees. This committee will look into water usage by data centers, which is a hot topic at the capitol and around Texas. 

Pensions, Investments, & Financial Services: This committee will examine HB 201, which added motor fuel theft to the mission of the Financial Crimes Intelligence Center. 

Public Education: This committee will examine enforcement of laws concerning educator misconduct. This is a good place for new laws or enhancements to originate. 

State Affairs: This is another committee with a large portfolio of subjects in its purview. It will also examine all the issues with data centers, including their effects on the power grid. 

Transportation: This committeealso has a large portfolio and will examine speed enforcement in work and school zones, including preventing citations being issued by third party entities. 

Governmental Oversight, Select Committee: This is a brand-new committee chaired by Representative Cody Vasut (R-Angleton). The membership includes Vice-chair Armando Walle (D-Houston), Richard Hayes (R-Lake Dallas), Brooks Landgraf (R-Odessa), Mitch Little (R-Lewisville), AJ Louderback (R-Victoria), Christian Manuel (D- Nederland), Eddie Morales (D-Eagle Pass), Richard Raymond (D-Laredo), Shelby Slawson (R-Stephenville), Carl Tepper (R-Lubbock), Ellen Troxclair (R-Lakeway), and Erin Zwiener (D-Driftwood).

It will research safeguarding taxpayer funds, which may include discussing a ban on so-called “taxpayer funded lobbying” that could affect TDCAA’s ability to serve its membership. It will also look into prosecutorial integrity. Specifically, the committee will investigate non-governmental organizations and consultants’ involvement in prosecutorial functions. This will likely include George Soros’s campaign contributions, the Wren Collective, and other organizations that have created controversies and headaches for certain prosecutors. (See Page 50 for more details.)  

Senate Interim Charges

The Senate operates independently from the House, but there are some similarities in their priorities. As assigned by Lt. Gov. Patrick, the Senate interim charges range from data centers and protecting the judiciary to hostile drone activity.

Business and Commerce: This committee will examine the data center growth that has affected many counties; it will be a hot topic during the interim and legislative session. The committee will also look into HB 150 regarding the newly created Texas Cyber Command. SB 1964, which regulates the use of AI by government agencies, will also be examined. 

Criminal Justice: This committee directly impacts prosecutors and law enforcement and will examine several different topics. The committee will research eliminating prison contraband, regulating the role of reserve officers, and juvenile justice. It will also address violent offenders found not guilty by reason of insanity and how to prioritize public safety. This comes on the heels of several big cases making news in the last year. Please see page 4 of the charges for all the details.

The committee is also tasked with overseeing the implementation of AI-related bills passed during the 89th Regular Session: SB 20, which created criminal offenses for the possession, promotion, or production of obscene material that appears to depict a child; SB 441, which established criminal and civil liability for “artificial intimate visual material” and sexually explicit media; SB 1621 regarding the prosecution of sexually explicit material involving computer-generated children or other persons to ensure no gaps exist in the law; and HB 1443, which criminalized the promotion or possession of child-like sex dolls. (That last one is not AI-related, but it is “icky,” and that’s always a good draw at the Lege.)

Education: This committee is going to examine SB 571, which deals with the investigation and reporting of certain misconduct and child abuse.

Finance: This committee will review the distribution of the Crime Victims’ Compensation Fund to ensure eligibility criteria and allocation methods fulfill their statutory purposes.

Health and Human Services: This committee will investigate the impact of THC consumption and how to decrease related criminal justice costs. 

Select Committee on Homeland and Border Security: This committee will determine ways to defend Texas skies against hostile drones and strengthen penalties. The committee will also investigate how to combat criminal activity on oversized and overweight routes along the Texas border, including overloading fuel trucks. Along those lines, the committee will make recommendations to end public corruption connected to stolen fuel, including adding the Border Prosecution Unit (BPU) to the statutory definition of a prosecuting attorney under the Public Integrity Unit. It will also investigate the tactics used by fuel transporters to engage in tax evasion and money laundering, such as falsifying shipping documents and transloading export fuel. The committee will also review the newly created Homeland Security Division at DPS.

Natural Resources: This committee will examine SB 494, which created the theft of petroleum products task force, and HB 48, which created the organized theft prevention unit at DPS.

State Affairs: This committee has a diverse portfolio of topics. It is tasked with closing gambling loopholes that allow Texans to place bets on elections and sports. The committee is also tasked with protecting the integrity of the judiciary by studying attempts by public advocacy groups to improperly influence the judiciary with biased informational seminars. No one seems to know the origin story for this charge. If you have any intel, then please feel free to reach out. It is definitely on our watch list. 

Transportation: This committee will look into SB 2807, which created rules for autonomous vehicles. It will also look into commercial driver license standards, including requiring English proficiency and policies regarding roadside inspections. 

How can prosecutors help?

These interim charges drive policy change for the 90th Legislative Session. As committees begin holding hearings in Austin, testimony from prosecutors will be critical in ensuring that the future legislation is both practical and effective. Now is a good time to get in contact with your state representatives and senators to make sure your voice is heard. We are also here to help you if you have any questions on how you can be involved.

Data reporting for prosecutors

As you may recall, there are new prosecutor reporting duties coming your way later this year. Fortunately, prosecutors will get a say in what that looks like. Here’s the scoop.

House Bill 16 was the massive omnibus courts bill passed in the second special session after Gov. Greg Abbott vetoed a prior version. Included in HB 16 was the creation of new Gov’t Code §71.0354 (Prosecuting Attorney Information), which requires the Texas Judicial Council (TJC) to collect the following information from prosecutors:

• Categories of criminal offenses prosecuted
• Numbers of criminal cases in each category
• Number of personnel employed and whether that is sufficient to handle the office’s caseload
• Number of times a defendant was released per CCP Art. 17.151 (Release Because of Delay)
• Number of electronic notices submitted to other counties per CCP Art. 17.027(a)(2) (Release on Bail of Defendant Charged with Felony Offense)

What that reporting will look like is yet to be determined, but the TJC’s Data Committee has been tasked by the Chief Justice with recommending rules to govern this process. And unlike another recent rulemaking process involving reporting by certain prosecutors to a certain state agency, HB 16 requires TJC to consult with TDCAA (that’s you!) and other interested stakeholders in the creation and adoption of these rules before they take effect no later than September 1, 2026.

The TJC Data Committee is holding an organizational meeting later this week to set out a schedule for this process. (More on that committee, including its members, is available at this link.) Meanwhile, we would like to solicit volunteers from our membership to serve on an ad hoc TDCAA committee to provide the Data Committee with the information and feedback it needs to make well-informed decisions. If that sounds like something you want to be a part of, please email Hector no later than April 10. Final appointments to that committee will be made by our association president.

Quotes

“Texas deserves better than politicians putting sports as a higher priority than understanding the gravity of reality. Don’t worry, though; we will have more football games coming up next season—that will be more important to them than losing 119 people.”

—State Representative Wes Virdell (R-Brady) discussing on X his invitation to the Texas Legislature to visit Camp Mystic and the Kerrville area to understand how 119 people died in the summer floods.

“Southeast New Mexico deserves a real voice in its own future, not one dictated by Santa Fe.” 

—Speaker Dustin Burrows (R-Lubbock) discussing on X why he included the possibility of annexing parts of New Mexico to Texas in the House interim charges. 

“Kelly Hancock is a Never Trumper and an incompetent loser who’s an embarrassment to the position of Chief Clerk that he holds. To protect Texans’ tax dollars, I am officially calling for Governor Abbott to immediately replace him with the person Texans actually voted for to be Comptroller, Don Huffines.”

—Texas Attorney General Ken Paxton blasting acting Texas Comptroller Hancock on X. Hancock had sent a letter to Paxton criticizing his handling of a lawsuit to strip the corporate charter of Houston’s Quran Academy.

This year, March Madness is about college basketball AND the primary election. We each have a ballot and bracket to fill out. Will the people vote for (pick) the Cinderella stories or the incumbents (No. 1 seeds) with huge war chests?  Who will emerge victorious? Will we see any huge upsets? The first round aka Election Day tips off next week. Do not forget to fill out your ballot—and bracket!

Elections

Election Day is Tuesday, March 3. Please see our website for all the prosecutors who are running this cycle. We will update the site next week after the election. 

Interim Charges

Lt. Governor Dan Patrick issued his first round of interim charges for Texas Senate committees to study in preparation for the upcoming 90th Legislature. Preventing Sharia Law in Texas is the only charge so far that crosses into the prosecution world. The Lt. Governor wants the Senate to examine entities such as the proposed East Plano Islamic Center (EPIC City) development in Hunt and Collin Counties and any associated entities to determine if they are violating state or federal law. We expect more charges to be released later in the interim.

Office of Court Administration (OCA) and SB 9

OCA sent out an email to all county attorneys concerning SB 9. The email said that there are two changes to statutory provisions that are applicable to county prosecutors and may warrant additional attention.

First, if your office enters into an agreement, either written or oral, with a defendant to participate in a Pretrial Intervention Program for the purposes of later dismissing the charge, the applicable program conditions and statutes must be reported to DPS in accordance with this provision. Additional information, guidance, and training requirements are available on OCA’s prosecutor specific webpage.

Second, OCA will provide prosecutors, upon request, with view-only access to the Public Safety Report System (PSRS) to allow prosecutors to search for defendants, review their bail forms, and review bail decisions and conditions. If you or other prosecutors in your office would like to request access to the PSRS, you may do so online at OCA Prosecutor Request for PSRS Access.

Email OCA at bail@txcourts.gov if you have questions. We are also here to help if you have any suggestions or questions. 

Upcoming trainings

Registration is now open for two great TDCAA training opportunities.

March 20: Domestic Violence 101 in Carrizo Springs: This foundational course empowers prosecutors with the critical skills and proven strategies needed to effectively handle domestic violence cases—from initial review through trial and beyond. Designed for those new to domestic violence prosecution or seeking to strengthen their core competencies, the program offers a practical, experience-based framework for addressing the unique legal and ethical challenges these cases present. This training is offered to prosecutors and their employees free of charge.

April 14–17: Targeting some of the most horrendous crimes committed in Texas, TDCAA’s Prosecuting Adult Sexual Assault & Homicide Conference will deliver tools and resources to see justice done. Attendees will learn to advance their jury selection skills in case-specific training and through a unique, three-hour block devoted to individual voir dire.

Quotes

“Despite constant media inquiries, the campaign will not be speaking on the recent revelations about Sheets’s addictions to sex, alcohol, and pornography, or his illicit affairs while in the ministry, resulting in his untimely dismissal.”

Don Rasmussen, Agriculture Commissioner Sid Miller’s campaign manager, “not commenting” on recent admissions by his opponent, Nate Sheets.

“It is now clear to me Tony Gonzales is a sexual predator who abused his position of power and wrecked a family. I also now know this is not the only case. He must resign.”

Texas’s 23rd Congressional district Republican candidate, Brandon Hererra, attacking his opponent, Congressman Tony Gonzalez. Gonzalez, a married father of six, has been accused of having an affair with his Uvalde district director, who later killed herself by setting herself on fire.

“There is no mitigation measure other than air conditioning that can protect people from death or sickness due to the heat. People living in Texas prisons should not be subjected to conditions we won’t even subject animals to.”

Erica Grossman, a lawyer representing the plaintiffs suing TDCJ over the lack of AC in its prisons. The suit is set for trial in federal court next month.

“Across the nation, corrections agencies are fighting to stop contraband from entering facilities and prevent drug-related incidents, overdoses and homicides. TDCJ is no different. These changes are vital to keeping our staff and the inmate population safe.”

TDCJ Executive Director Bobby Lumpkin explaining the new measures to combat illegal narcotics entering its facilities. Effective April 1, all books mailed to inmates must be softback and in new condition. TDCJ will no longer accept hardback books or books in used condition.

Texas finally decided to participate in winter. The chill you felt was not just the weather, but the realization that we are less than one year away from the 90th Legislative Session. We are here to help you prepare for that storm as we track elections, interim charges, and the whispers in the political winds. Session is coming.

Prosecutor Elections

We are the only source for all the primary elections for County and District Attorneys across Texas. Please see our lineup and let us know if we missed anyone or anything. With the March 3rd primary just weeks away, now is the time to verify the candidates in your area.

Judicial Races

The 2026 judicial cycle is a domino effect triggered by Chief Justice Nathan Hecht’s retirement from the Supreme Court and the open seats at the Court of Criminal Appeals in Place 3 and Place 9. The Republican primary for Place 3 is currently the most crowded judicial race on the statewide ballot. Justice Bert Richardson’s decision to run for the Fourth Court of Appeals is a rare downward move for a sitting statewide judge. Please see the graph below for a list of the candidates.

Attorney General Race

The Republican primary for Attorney General has emerged as a fundamental debate over the scope of the office. Recent polling from the University of Houston and Pulse Decision Science shows Chip Roy holding a commanding lead, consistently polling at 40%—nearly triple that of his nearest challengers. With the March 3rd primary approaching, the GOP candidates all have opinions on how their OAG will work with—or against—local prosecutors:

• Chip Roy: “I will pursue greater prosecutorial authority to enforce state law when failed district attorneys refuse to do their jobs. Texas law must and will be enforced in every county.”
• Mayes Middleton: Middleton has said he wants to see district attorneys removed from office if they do not fully prosecute certain crimes and supports a statewide prosecutor model for the OAG.
• Aaron Reitz: “When radical prosecutors in blue cities and counties openly refuse to enforce state law, they create lawless zones that endanger public safety and undermine democracy itself. Texas cannot allow a patchwork justice system where the law applies in red counties but not blue ones.”
• Joan Huffman: “I strongly support granting the attorney general broader independent criminal prosecutorial authority to address cases where soft-on-crime prosecutors in major cities have declined to enforce entire categories of crimes or disregarded state laws they oppose.”

Meanwhile, the Democratic candidates for OAG are taking more of a “local control” approach to the issue of prosecution. Who says politics never changes?

Interim Charges: The Blueprint for 2027

Do you have an idea for a new law? Now is the time to meet with your local elected representative or senator. The Texas Legislature uses the interim to hold committee meetings to discuss interim charges, the specific issues leadership wants studied before the gavel drops in January. These charges serve as the outline for the bills that they will file, debate, and maybe even pass. The House members have until February 9th to submit their requests for interim charges to Speaker Dustin Burrows. While Lt. Governor Dan Patrick has not yet announced the formal deadline for senators, their timeline is likely to be similar, so this is the optimal window to reach out to your local senator with ideas. Once the session begins, it is often too late to introduce a brand-new concept. If you want a seat at the table, make a reservation now.

SB 9: Public Safety Report System

As of January 1, 2026, the Office of Court Administration (OCA), on request by a prosecutor, shall provide access to the PSRS (Public Safety Report System) for the purpose of allowing the attorney to access a bail form submitted to the OCA. OCA asked that we distribute the following information regarding SB 9:

1. The OCA is hosting a prosecutor-focused webinar addressing Senate Bill 9 statutory updates and related operational processes impacting prosecutor offices, including PSRS access, Pretrial Intervention (PTI) conditions, and the designee structure for mandatory electronic notifications.
2. If individuals are unable to attend, webinar recordings, job aids, and prosecutor-specific resources are available on OCA’s Prosecutor Bail & Pretrial webpage: https://www.txcourts.gov/bail/prosecutor-information.

Protective Orders

The 89^th Legislature passed HB 2596 that qualifies victims of a burglary of a habitation for a protective order and SB 2196 which increases a magistrate’s order for an emergency protection to a minimum of 61 days and a maximum of 121 days. This prompted OCA to update several of its protective order forms, including Final Order, Temporary Ex Parte Order, and the Application. Please see their link to download the updated forms:  https://www.txcourts.gov/forms/standardized-protective-order-forms/

Consumable hemp

Marijuana. Cannabis. Hemp. CBD. THC. THCA. Delta-9, delta-8, delta-10 … yeah, you get it. A lot of figurative ink has been spilled over the past few months talking about issues related to “consumable hemp.” But where do things stand on that front now? Here’s an overview from our perch in Austin.

After vetoes and special sessions and such, the Texas legislature didn’t do anything in 2025 that would change state laws governing the criminal enforcement of consumable hemp, with one exception we identified in last year’s Legislative Update. That was SB 2024 by Perry (R-Lubbock), which expanded the crime for selling certain types of e-cigarettes (read: vapes) to include those that contain any amount of a cannabinoid (or other newly banned substances under that amended law). But aside from that Class A misdemeanor for selling or marketing such devices, not much changed on the criminal enforcement front.

(We still temporarily stop here and say: If you want the short answer, that’s it in a nutshell and you can stop reading. But if you continue to get asked about this topic back in your jurisdictions, keep going, because there has been a lot of smoke [pun intended], even if there hasn’t been much heat. Moving on …)

In Washington, part of the congressional compromise back in November to keep the federal government open included a prospective change to the federal definition of hemp from the 2018 Farm Bill (which is mirrored in Texas law) that will ban “intoxicating hemp products.” Scheduled to take effect in November 2026, this change means most consumable hemp products will be illegal at the federal level. However, that prospective change could be further altered or repealed altogether between now and then, and it would not impact state law, which is our focus.

The lack of statutory change in Texas does not mean things are static, though. Back in September, Gov. Greg Abbott ordered the Texas Department of State Health Services (DSHS) and the Texas Alcoholic Beverage Commission (TABC) to ban the sale of consumable hemp products to those under 21 years old. That triggered the adoption of certain emergency rules by those agencies, followed by a more deliberative administrative rulemaking process.

A summary of what TABC now enforces for its license or permit holders is available on TABC’s Consumable Hemp Regulations webpage. The regulations are similar to how TABC regulates the sale of alcohol to minors, but only from the seller’s side. For instance, there is no “minor in possession (MIP)” Class C equivalent for minors caught with consumable hemp because criminal prosecution must be based on a law, and these are only agency rules. TABC is also going to partner with DSHS to help that agency enforce new regulations of consumable hemp, but the latter agency is still in the middle of its rulemaking process.

DSHS proposed more wide-ranging regulations that were published in the Texas Register (Vol. 50, No. 52) on December 26, 2025. (A PDF of those proposed rules can be read here in case you didn’t get a copy in your Christmas stocking.) The agency also held a public hearing earlier this month on those proposals. Once DSHS goes through all the public comments it received, prepares answers for them, and makes any changes in response to them, the final rules will be published in a future Texas Register and take effect. But again, agency rulemaking cannot change the law, so these regulations will be administrative regulations enforceable by the agencies, not crimes enforceable by prosecutors. For more information, see DSHS’s Consumable Hemp Program webpage.

But don’t be lulled into thinking the adoption of final rules will be the end of this saga, because after rulemaking comes the civil lawsuits challenging those rules. For example, the Texas Supreme Court heard arguments earlier this month in a case challenging DSHS’s attempt to adopt rules banning delta-8 THC products back in 2021. A definitive answer from the court on that question should be forthcoming later this year, but as that five-year course of litigation shows, the agency rules on consumable hemp that will be finalized later this year could also be years away from taking full effect if they are challenged in court. That means the Texas Legislature will also get their say on this topic again next year. And round and round we go …

SB 8: Mandatory 287(g) Participation

As of January 1, 2026, Texas sheriffs are required to enter into an immigration law enforcement agreement to authorize the sheriff and officers, employees, and, as applicable, contractors of the sheriff’s department to enforce federal immigration law. Sheriffs may apply for grants from the Comptroller’s office to pay for costs associated with the agreement including salaries, training, equipment, and jail costs for housing illegal immigrants. The Attorney General is empowered to bring a suit against Sheriffs that do not enter into these agreements.

Quotes

“The Democrats will vote for him because they want to get him the hell out. And the Republicans will vote for him because they want to get him the hell out, too.”
—President Trump discussing nominating U.S. Senator Ted Cruz (R) to the United States Supreme Court.

“My answer’s not just no, it’s hell no. A principled federal judge stays out of political fights and stays out of policy fights. I want to be right in the middle of them.”
—U.S. Senator Ted Cruz (R) responding to the possibility of being nominated to the US Supreme Court.

“I spent 18 years there. It was a good 18 years; I worked my ass off. My generation has screwed this country up enough, quite frankly. It’s time for a new generation to come in and fill some of these seats.”
—Former U.S. Senator Jon Tester (D–Montana) discussing why he will not run for U.S. Senate again.

“Whoever goes to the United States Senate is going to have to be ready for real war. … I am here to tell you that it is life or death.”
—Congresswoman Jasmine Crockett explaining why she is the better candidate for U.S. Senate at a recent debate with Representative James Talarico (D-Austin).

“Texas DAs should be focused on prosecuting crimes in Texas, not joining committees seeking to undermine the rule of law.”
—Governor Greg Abbott responding to two Texas district attorneys joining the FAFO (Fight Against Federal Overreach) Project, which is a coalition of prosecutors across the country vowing to hold federal agents accountable if they break the law.

The Constitutional Amendments are live! This is not a drill.

The Governor proclaimed the results of the Constitutional Amendment Special Election held on November 4, 2025, to be tabulated on November 19, 2025. That means that Proposition 3 (S.J.R. 5), by Huffman (R-Houston) is now law and allows judges to deny bail to people accused of certain violent crimes committed on or after November 19, 2025. Please be sure to alert your judges and your prosecutors. 

There is no announcement on the Secretary of State’s website as of this email nor any press release or other mention of the proclamation on the Governor’s website. Shame on us for waiting for an actual announcement! Instead, the news was buried in the latest December 5, 2025 issue of the Texas Register, which you can access here. Another place to find the proclamation is deep in the Legislative Reference Library at this link of official gubernatorial documents. Please use the declaration for proof in case your judge requests evidence of the law being live. 

We hope this belated alert is helpful. Also, we are always here to help with any questions. Please let us know if your office uses this new law and how it goes. We will be tracking to report if any updates are needed for next legislative session. 

’Tis the season for new laws! Santa will be in Texas early, dropping off brand-new laws that go into effect before Christmas, and his naughty and nice list depends on how the laws affect you. Baby, it’s cold outside! Let’s go in and look at these laws. 

Early Christmas gifts

The following bills go into everyone’s stocking on December 4, 2025.
HB 16 by Representative Jeff Leach (R-Plano) is the Second Called Session’s omnibus judicial courts bill. It creates new courts, new district attorney offices, and new punishment enhancements, and it makes various other changes. Importantly, the bill includes a new reporting requirement for local prosecutors regarding certain bail releases, overall caseloads, and the resources prosecutors have to carry out their work.
House Bill 18 by Representative Shahen (R-Plano) creates harsher punishments for any lawmakers who break quorum, which includes higher fines, fundraising limits, and loss of seniority and committee assignments. There are no criminal penalties.
HB 20, the Disaster Scam Response Act, by Representative Darby (R-San Angelo) creates new criminal offenses and enhances existing theft punishments. It focuses on “missing relative fraud” and situations where criminals fraudulently “volunteer” during disasters to steal from victims.
SB 11 by Representative Parker (R-Flower Mound) creates an affirmative defense to prosecution for certain victims of human trafficking and compelling prostitution. This bill was vetoed by the Governor in the Regular Session for being too broad; the new version is narrower but also more complicated.
SB 12 by Senator Hughes (R-Mineola) gives the Office of the Attorney General (OAG) authority to unilaterally prosecute Election Code crimes. The bill does not solve the constitutional issue highlighted by the Court of Criminal Appeals’ Stephens opinion, but proponents of the bill appear to be banking on a different court makeup to take care of that thorny problem.
SB 16 by Senator West (D-Dallas) creates new criminal offenses for Real Property Theft and Real Property Fraud (also known as title theft or deed fraud).
Proposition 3 (S.J.R. 5), by Huffman (R-Houston) allows judges to deny bail to people accused of certain violent crimes committed on or after the canvass date (effective date). We calculate that effective date to be December 4, 2025, as well, but check the Secretary of State’s website for any announcements.

This next law goes into effect on New Year’s Day along with any of your personal resolutions:
SB 8 by Senator Huffman (R-Houston) requires that sheriffs must participate with ICE’s 287(g) program for identifying and detaining criminal aliens. These agreements to enforce those federal immigration laws must be in place by December 1, 2026, and the OAG may sue sheriffs to enforce compliance. 

Artificial Intelligence (AI) Survey

The future is here, AI is everywhere, and we need prosecutor input on this new phenomenon.  A Texas-based law school professor has sought our help in gathering anonymous data about prosecutors’ use of AI for evidence review and discovery compliance. Here is the password protected link: https://www.tdcaa.com/artificial-intelligence-survey/.
The password was sent to you via email to ensure only prosecutors are responding. Please consider completing the five-minute survey or assigning that task to someone in your office. The results will help us better understand how prosecutors are using AI and bring you future training on the subject.

Quotes

“Henry, I don’t know you, but you can sleep well tonight—your nightmare is finally over!”
—President Donald Trump in a Truth Social Post announcing his pardon of U.S. Representative Henry Cuellar (D-Texas). Cuellar had been federally indicted on bribery, money laundering, and conspiracy charges.

Texas lawmakers have plenty of reasons to feel thankful. Number one would be to give thanks that they are not in session. They can also give thanks that they can now focus on their reelection campaigns. Some can give thanks for all the constitutional amendments that the voters passed. Other lawmakers can give thanks that their hemp ban, which was vetoed by Governor Abbott and did not pass during any of the special sessions, was just resurrected by the federal bill that reopened the government. Let’s dig into this big drumstick of the November legislative update. 

Constitutional Amendments go live

Every single one of the proposed Texas constitutional amendments was passed by voters. If you are a regular reader, then you already knew that would happen and you impressed all your friends by calling it. Now the tricky part is when do these amendments become the law of the land? An amendment approved by voters is effective on the date of the official canvass of returns showing adoption, and the date of canvass, by law, is not earlier than the 15th nor later than the 30th day after the election. Election Day was November 4, 2025, and by our calculations that means that all of the amendments will be live by December 4, 2025. This includes Proposition 3 (S.J.R. 5), by Huffman, which allows judges to deny bail to people accused of certain violent crimes committed on or after that canvass date, so be sure to keep checking the Secretary of State’s website for the latest information. If you are interested in the other constitutional amendments, then this white paper by the Texas Legislative Council is a good resource.

Consumable Hemp Ban: Will they or won’t they?

The Texas legislators who went away dejected after their consumable hemp ban was vetoed by Governor Abbott and then again after it was left on the cutting room floor of the special sessions were given a lifeline when the federal government reopened. Earlier this month, Congress passed and President Donald Trump signed an extension of eight appropriations bills through January 30, 2026, three appropriations bills through the end of the fiscal year, a right of action for eight Republican senators to win millions of dollars in compensation for having their telephone logs subpoenaed, and a prohibition on permanent federal workforce firings through next year. The eight Senate Democrats who broke party lines realized that the shutdown’s value had exceeded the pain of their own constituents and that a guarantee of a December vote on health insurance subsidies was the only tangible win available for them. The new legislation also included a significant change to the federal definition of hemp and closed the loophole in the 2018 Farm Bill for “intoxicating hemp products.” The result is a near total federal ban on most hemp products.  That would make most hemp-derived cannabinoid products on the market illegal one year after the bill was enacted, which according to our math would be November 12, 2026.

What does all that mean for state prosecutors? Nothing, for now. Even if the law goes into effect on November 12, 2026, it is a federal law. However, the hemp lobby should not be underestimated. U.S. Representative Nancy Mace already filed a bill to void the proposed federal hemp ban. We will keep you posted if anything changes, which it will, and round and round we will go.

Attorney General Campaign

Campaign season for the statewide office of the Texas Attorney General is in full swing. Recently, three of the Republican candidates participated in a forum where they discussed their vision for the office. The Attorney General’s Office and local prosecutors have a long history of working together on different matters. That relationship brought about a five-minute discussion of how the candidates would handle prosecutors who do not enforce state laws, and the candidates’ responses can be seen here. We will do our best during campaign season to bring you any interesting debates in any races that discuss prosecutors and the future of the criminal justice system. 

Investigator Conference

Registration is now open for our incredibly popular Investigator Conference in Conroe. This conference is perfect both for investigators new to a prosecutor’s office as well as seasoned veterans. It is a powerful opportunity to have your investigators trained on a variety of topics like motor vehicle theft, elder fraud, human trafficking, gang prosecution, and many other topics helpful to all jurisdictions. This conference will ensure your investigators are more effective members of your trial teams, so please consider sharing that registration link above with them. 

Quotes

“There is a distrust now that exists between local law enforcement and the Attorney General’s office. That has been kind of percolating there for a long time, really over a decade.”
—Senator Joan Huffman and candidate Attorney General during an Attorney General candidate debate. 

“I urge you, therefore, to investigate efforts by entities purporting to illegally enforce Sharia law in Texas. Legal disputes in Texas must be decided based on American law rooted in the fundamental principles of American due process, not according to Sharia law dispensed in modern day star chambers.”
—Governor Greg Abbott in a letter to North Texas district attorneys, sheriffs, and the Texas Attorney General to investigate “Sharia tribunals masquerading as legal courts.”

“Law and order is important. It’s important in our big cities and it’s important in our rural areas, and so we recognize that, and that’s why these funds are flowing and these grants are being provided.”
—Acting Texas Comptroller Kelly Hancock discussing Wichita County’s participation in the Rural Law Enforcement Grant Program created by Senate Bill 22 during the 88th Legislative Session.

The party finally ended at the Texas Capitol, and it signaled the opening of spooky season (also known as election season). It is time to vote on 17 potential constitutional amendments, including bail reform. The amendments will get treats instead of tricks, as most will become law. The Texas Constitution will get its normal costume change as it has been amended more than 500 times since it was ratified. Let’s discuss the treats that the second special session gave out to prosecutors.

The Omnibus rolls along

HB 16 is this year’s omnibus bill that creates new courts, changes judicial administration and jurisdiction, and attempts to address courts’ workloads. The bill creates new reporting requirements for prosecutors. Specifically, it mandates that prosecutors collect information on

1. The categories of criminal offenses prosecuted and the number of criminal cases in each category.
2. The number of employees and whether that number is sufficient to support the prosecutor’s caseload.
3. The number of times a defendant was released as provided by Article 17.151 in the Code of Criminal Procedure.
4. The number of electronic notices submitted by prosecutors to a court as required by Article 17.027(a)(2), Code of Criminal Procedure.

The Texas Judicial Council must consult with TDCAA on how prosecutors should submit this information, and the final procedures will be communicated to prosecutors by September 1, 2026.  To start that conversation, representatives from the Office of Court Administration (OCA) will make a presentation on these new reporting duties at our  Elected Prosecutor Conference in December; be sure to attend if you want more details about the implementation of this new duty.

Two new prosecutor offices are being created within the bill as well. The 273rd Judicial District is created, and the voters of Sabine County will elect their new District Attorney who will start work on September 1, 2028. The 365th Judicial District is also created, and the voters of Dimmit and Zavala counties will elect their district attorney who will start work on January 1, 2029. 

The bill also builds on changes made by SB 1610 in the regular session to provide immunity to any employee within the Special Prosecution Unit who attempts to criminally prosecute a civilly committed sexually violent predator without the permission or authority of the local prosecutor and requires a court to immediately dismiss any claim that arose from an employee’s good faith conduct.  

HB 16 attempts to address workload by analyzing data collected by OCA, which uses factors such as caseloads, case backlogs, population growth, and county support. The bill also addresses court security, court documents, arrest warrants, document delivery, juvenile boards, constitutional amendment election challenges, record retention, youth diversion, court-ordered mental health services, jurors, the Special Prosecution Unit (SPU), and the Texas Supreme Court. 

For civil practitioners, HB 16 adjusts the statutory court jurisdiction, specifically the amount in controversy, allowing certain county courts to handle a greater number of significant civil cases to ease the burden on district courts and create a more efficient process.

Other measures in the bill include:

• New judicial districts in Rockwall, Fort Bend, Ellis, Harris, Williamson, and other counties.
• Two more seats for the statewide Fifteenth Court of Appeals over the course of four years.
• Raising the criminal penalty for harassing court employees or judges.
• Expanding and clarifying requirements for judicial training on issues including family violence and sexual assault.
• Requiring juvenile boards to prioritize diversion and make detention a last resort for children younger than 12 or who live in a general residential operation.

As you can see it is a monster of a bill, and you will have to read the bill to get all the details. Please do not hesitate to reach out if you have any questions once you dive into the weeds.  We are happy to help. 

New Powers for the Attorney General

SB 12 by Hughes (R-Mineola) gives the Office of the Attorney General (OAG) the authority to unilaterally prosecute Election Code crimes. The bill does not solve the constitutional issue highlighted by the Court of Criminal Appeals’ Stephens opinions. However, the official bill analysis uses the following reasoning to proclaim that it does overcome the Stephens opinion: “The Supreme Court of Texas [sic] found in the Stephens case that the ‘attorney general is not required by law to prosecute election law violations’ and held that Article IV, Section 22 of the Texas Constitution states that the attorney general shall perform other duties ‘as may be required by law.’ But the Election Code does not require the attorney general to initiate prosecution for an Election Code violation. Therefore, the Stephens case held that while the attorney general can prosecute with the permission of the local prosecutor, he cannot initiate prosecution unilaterally. SB 12 would change this ‘may’ to a ‘shall’ and would give the attorney general the power to prosecute election crimes.”

Does changing one word get over the separation of powers finding by the Texas Court of Criminal Appeals (not the Supreme Court)? It will take litigation to find out. Under SB 12, local law enforcement must submit reports of probable cause of Election Code crimes to the local prosecutor and Attorney General. Upon the OAG’s request, the local prosecutor or law enforcement must also turn over all information regarding their criminal investigations. Does the Attorney General in the executive branch have that authority over local prosecutors, who are in the judicial branch? Again, only litigation will let us know the answer. It is a good example of the legislative branch making a law that will need to be sorted out by the judicial branch.

Interim Hearings

Interim hearings are meetings held by legislative committees between regular sessions to study specific topics called “interim charges” that were assigned by the Lieutenant Governor (for Senate committees) or the Speaker of the House (for House committees). Committees hold hearings, take testimony from experts, and collect public comments to inform their policy recommendations before the next legislative session. It is now time to start talking with your local lawmakers about any topics or bill ideas that you might have for the next legislative session. If you have questions about that process and want to learn more, email Hector.

Office of Court Administration (OCA)

OCA is currently reaching out to all elected prosecutors who handle felony cases to compile their contact information or that of their designated representative to comply with Senate Bill 9 before its effective date of January 1, 2026. SB 9 requires the OCA to provide the elected district attorney with an electronic copy of the form submitted to the office for each defendant whose bail is set in the county for an offense involving violence, as defined by Article 17.03 of the Code of Criminal Procedure. To receive a form an elected district attorney must provide OCA with an e-mail address. 

Along those same lines, the new Article 16.24 in the Code of Criminal Procedure creates a duty to report pretrial intervention program conditions to the Department of Public Safety (DPS) for use in the Public Safety Report system. Reporting by the prosecutor “or the attorney’s designee who is responsible for monitoring the defendant’s compliance with the conditions of the program” is mandatory. We covered these topics in our Legislative Update course; see those materials for more details. Speaking of …

Tour of Texas

Our Legislative Update tour came to an end in early October in the Valley in Edinburg. Almost 2,700 people have watched our class online or in person. The class, which outlines all the changes from the past legislative session, is available online for a limited time. It will be your last chance to get all caught up on the new laws and punishments. You can find the class on our website. 

Elected Prosecutor Conference 2025

If you are an elected county or district attorney or a first assistant, you’ll want to attend our Elected Prosecutor Conference December 3rd–5th in San Antonio. Specifically geared toward the leadership of prosecutor offices, this course will cover topics essential for day-to-day operations with an eye to the future. You won’t want to miss it!

Artificial Intelligence Survey

We zealously guard access to your inboxes when it comes to outside entities seeking to send you surveys, but a Texas-based law school professor has sought our help in gathering anonymous data about prosecutors’ use of AI, and that is a topic that we are also curious about. Therefore, we have partnered with that professor to send you a request to complete a survey, the hyperlink to which was sent to you by email. Please consider completing that short survey or assigning that task to someone else in your office. The results will help us to better understand how prosecutors are using this new technology and inform our future training on that topic.

Quotes

“These funds could be used to hire additional officers without impacting the city’s budget. Declining ICE’s offer may mean forfeiting significant financial resources.”

–Dallas Mayor Eric Johnson writing to members of city committees to join a federal immigration agreement after Police Chief Daniel Comeaux declined a $25 million offer. SB 8 (passed in the 89th Regular Session) enables cooperation between state and federal law enforcement to “perform specified immigration officer functions under ICE’s direction and oversight.”

“Texans should not endure public safety risks from homeless encampments and individuals. Weapons, needles, and other debris should not litter the streets of our community, and the State of Texas is taking action.”

–Governor Greg Abbott announcing his operation to remove homeless people and dismantle homeless encampments in Austin. Governor Abbott has asked DPS to work with the Texas Department of Transportation, Texas State Guard, and Texas Department of Criminal Justice to clear homeless camps.

“I don’t think we’re necessarily going to ask for a declaration of war. I think we’re just gonna kill people that are bringing drugs into our country. We’re going to kill them. They’re going to be, like, dead.”

–President Donald Trump talking to reporters at the White House regarding the recent military strikes on alleged drug trafficking boats in the Caribbean Sea.

The second extra inning at the legislature just ended. Many lawmakers started the Second Called Session thinking they had secured a home run ball, but it turned out they had to give that ball to an unhinged fan, otherwise known as the legislative process, as many of their own bills did not pass and bills they did not like did pass. It can be a cruel world in the outfield stands (and at the Texas Capitol). 

Home runs

HB 16 by Representative Jeff Leach (R-Plano) is the Second Called Session’s omnibus judicial courts bill. It was vetoed after the Regular Session but is now on the Governor’s desk. It creates new courts, new district attorney offices, new punishment enhancements, and various other changes. Importantly, the bill includes a new reporting requirement for local prosecutors regarding some bail provisions and resources for prosecutors to carry out their work.

HB 20, the Disaster Scam Response Act, by Darby (R-San Angelo) creates new criminal offenses and enhances existing theft punishments. It focuses on “missing relative fraud” and situations where criminals fraudulently “volunteer” during disasters to steal from victims. This bill is on the Governor’s desk.

SB 11 by Parker (R-Flower Mound) creates an affirmative defense to prosecution for certain victims of human trafficking and compelling prostitution. This bill was vetoed by the Governor in the Regular Session for being too broad; the new version is narrower but also more complicated. This bill is on the Governor’s desk.

SB 12 by Hughes (R-Mineola) gives the Office of the Attorney General (OAG) the authority to unilaterally prosecute Election Code crimes. The bill does not solve the constitutional issue highlighted by the Court of Criminal Appeals’ Stephens opinion, but proponents of the bill appear to be banking on a different court makeup to take care of that thorny problem. This bill is on the Governor’s desk.

SB 16 by West (D-Dallas) creates new criminal offenses for Real Property Theft and Real Property Fraud (also known as title theft or deed fraud). This bill is on the Governor’s desk

These bills will go into effect 91 days from the last day of the legislative session, which we calculate to be December 4, 2025 barring any Governor vetoes. We will send out a newsletter sharing that information and post a supplement to our Legislative Update book on the TDCAA website.

Strikeouts

HJR 1 by Matt Shaheen (R-Plano) proposed a constitutional amendment granting the OAG concurrent jurisdiction with each county or district attorney to prosecute election crimes. This proposed HJR demonstrated that lawmakers understood that the constitution must be amended to give the Texas Attorney General prosecutorial powers; it was an attempt to supersede the Stephens opinion regarding separation of powers. But HJR 1 fell short of the required two-thirds vote from the entire House and is dead for now. 

SB 2 by Perry (R-Lubbock) addressed issues that arose during this summer’s tragic floods in Central Texas. One of the many things the bill sought to do was authorize a justice of the peace (JP) to certify that an autopsy is not necessary during a natural disaster. The JP would have had to determine by clear and convincing evidence that the death was a result of injuries sustained from the natural disaster and not by an unlawful act. This bill is dead for now.

SB 13 by Mayes (R-Galveston) prohibited local governments from sending money to local associations that advocate on their behalf at the Texas Legislature, unlike any other private organizations or businesses in Texas. This bill could have directly affected TDCAA’s legislative efforts. The bill is dead for now, and the author is moving on from the Senate to run for AG.

HB 15 by Hefner (R-Mt. Pleasant) and SB 15 by King (R-Weatherford) required law enforcement agencies to create a “G-file” for their employees, which would consist of any unsubstantiated allegations and complaints that did not result in disciplinary actions. This file would have been subject to Code of Criminal Procedure Article 39.14 obligations but would not have been subject to open records laws. Substantiated misconduct complaints, commendations, awards, and periodic evaluations would have been part of the officers’ personnel files and would have still been subject to open records laws. This bill is dead for now but was a major priority for CLEAT; it will likely be back next legislative session. 

What’s up with weed?

SB 6 by Perry (R-Lubbock) proposed an all-out ban on consumable THC products; it passed the Senate but never made it through the House. We never found out if the Governor would have vetoed this bill, which is a clone of the one he vetoed in the Regular Session. This means that the law on THC and THC consumables is the same as it was before the legislative session began. So, there is no change to report on Texas laws concerning THC. Glad we have that settled. …

… except that the Governor issued an executive order yesterday to ban the sale of hemp products to customers under the age of 21. Or did he? Far from being a unilateral act, this order directs the Department of State Health Services and the Alcoholic Beverage Commission to begin the rulemaking process that would prohibit the sale of hemp-derived products to minors, along with other changes. This process could take months, and we will update you on any changes that would affect how you do your jobs, though it is difficult to see how an administrative rule could mandate prosecution changes. But as we have seen with the Texas Legislature, nothing is impossible. 

Legislative Update Courses

TDCAA developed the premier class that teaches new laws, new prosecutorial tools, and new issues that affect police, prosecutors, and anyone involved in criminal justice: our Legislative Update! You will come away from the 3-hour CLE class with a working knowledge of the new state of play in Texas. Registration for the class—whether online or in-person—includes a copy of our book, Legislative Update 2025–’27.  

Click here for the online course.
Click here to sign up for one of our in-person courses. 

Quotes

“Splendora PD: Always delivering results … just not the kind he ordered.”

—Splendora Police Department after arresting a man who tried to have Uber Eats deliver his methamphetamine. To complete the delivery, the suspect was told the Uber vehicle had broken down and directed him to pick up his delivery elsewhere. When he showed up, officers were waiting.

“Iryna Zarutska should still be alive. But Democrats, liberal judges, and weak prosecutors would rather push a woke, soft-on-crime agenda than lock up violent offenders.”

 —White House Press Secretary Karoline Leavitt, discussing the murder of a woman on a North Carolina train by a career criminal.

“What we see today exists only because of a loophole that allows THC products to be sold openly—even next to schools—despite federal and state laws already on the books. Placing an age restriction does not fix this problem.”

—State Senator Charles Perry (R-Lubbock) responding to the Governor’s executive order restricting the sale of hemp-related products for minors.

“It’s about punishment and it’s about making sure that there’s not a financial gain by members who break quorum and their campaign, against getting hundreds of thousands if not millions of dollars of donations because they’re breaking quorum.”

 —State Representative Matt Shaheen (R-Plano) arguing for his HB 18, which statutorily prohibits fundraising or spending out of campaign accounts or an associated committee while a member is breaking quorum during a call on the House. The bill passed and is on the Governor’s desk. 

It is the end of August and Texas lawmakers, after claiming they were never getting back together, got over their bad blood and passed laws together. However, both sides saw red as they debated abortion pills, bathroom bills, and ivermectin—each side claiming the other side was the anti-hero. It was a debate that they all know too well. With 15 days left in the special session, will there be a proposal on the remaining bills that both sides can accept and live in wonderland like Taylor and Travis? 

Bills on the move

It appears that there will be new laws coming out of this second special session. Here is where things stand on bills we have been following for you.

HJR 1 by Matt Shaheen (R-Plano) proposes a constitutional amendment granting the Office of the Attorney General (OAG) concurrent jurisdiction with each county or district attorney to prosecute election crimes. This direct attempt to supersede the Stephensopinion regarding separation of powers failed to secure the required two-thirds vote from the entire House and is dead for now. 

HB 15 by Representative Cole Hefner (R-Mt. Pleasant) passed out of the House this week. It requires law enforcement agencies to create a “G-file” for its employees, which would consist of any unsubstantiated allegations and complaints that did not result in disciplinary actions. This file would still be subject to the Code of Criminal Procedure Article 39.14 obligations but would not be subject to open records laws. Substantiated misconduct complaints, commendations, awards, or periodic evaluations would be part of the officers’ personnel files and still be subject to open records law. This bill now heads to the Senate, which has already passed a companion version (SB 15, described below).

HB 16 by Representative Jeff Leach (R-Plano) is the Second Special Session’s omnibus judicial courts bill. It creates new courts, new district attorney offices, new punishment enhancements, and various other changes. Importantly, the bill includes a new reporting requirement for local prosecutors regarding some bail provisions and the resources prosecutors have on hand to carry out their work. The bill passed the House and the Senate and is awaiting action from the Governor.

SB 6 by Perry (R-Lubbock) bans most forms of THC. This is the same bill Governor Abbott vetoed. The bill has passed through the Senate but has not had a House hearing. 

SB 11 by Parker (R-Flower Mound) creates an affirmative defense to prosecution for certain victims of human trafficking and compelling prostitution. This bill was vetoed by the Governor in the regular session for being too broad. The new version is narrower but also more complicated. SB 11 passed the Senate and the House and is now on the Governor’s desk. 

SB 12 by Hughes (R-Mineola) gives OAG the authority to unilaterally prosecute Election Code crimes. SB 12 passed out of the Senate and the House and is headed to the Governor’s desk. The bill does not solve the constitutional issue highlighted by the Court of Criminal Appeals’ Stephens opinion, but proponents appear to be banking on a different court make-up taking care of that thorny problem.

SB 13 by Mayes (R-Galveston) prohibits local governments from sending money to local associations that advocate on their behalf at the Texas Legislature, unlike any other private organizations or businesses in Texas. This bill could directly affect TDCAA’s legislative efforts, although that depends entirely on the final version of any legislation. The bill has passed through the Senate but has not had a House hearing. 

SB 15 by King (R-Weatherford) is the companion to HB 15 relating to law enforcement personnel files. The bill was defeated by Representative Joe Moody (D-El Paso) when he raised a point of order, which is a parliamentary procedure that can kill bills on a technicality. Moody argued successfully that the bill’s subject matter is not included in Governor Abbott’s agenda for the second special session. Consequently, the bill was sent back to a committee, and the Governor revised the agenda. Therefore, SB 15 may come back to the House floor, or the Senate might pass the House version. There are still 15 days left for this bill to make it into law one way or another.

SB 16 by West (D-Dallas) creates new criminal offenses for Real Property Theft and Real Property Fraud (also known as title theft or deed fraud). This bill passed the Senate and the House and is now on the Governor’s desk. 

Legislative Update Courses

Are you wondering what the Texas Legislature did for you this past legislative session? Are you wondering how you can learn about all the new prosecutorial tools that will help you see justice done? Well, wonder no longer. We wrote the book, have posted the online CLE course on our website, and have scheduled several live CLE events for those who prefer that option.
Click here for the combo pack that includes the book and the online course.
Click here to sign up for one of our in-person courses. We’ll be coming to Fort Worth, San Antonio, and Round Rock, with one more bonus offering to be announced soon!

Quotes

“Two things can be true: We must protect law enforcement, and we must ensure families and complainants have access to the truth. That’s the balance my amendment to HB 15 delivers.”

—Representative Don McLaughlin (R-Uvalde) discussing the need for his amendment to HB 15, which allows victims of alleged police misconduct, or their immediate family if they are dead, to view G-files related to the case following its investigation but not be able to duplicate the records. HB 15 passed the House along with the amendment.

“So the AG’s office, in a power grab, in violation of the constitution, wrote their own legislation, in a way to maximize his [Paxton’s] authority.”

—Representative John Bucy (D-Austin) arguing that Senator Hughes represented that the Attorney General’s Office wrote SB 12 to give his office prosecution powers that violate the separation of powers provision of the state constitution.

“I am proud to endorse Chip Roy for Attorney General of Texas. As my very first chief of staff, Chip has been a close friend and ally of mine for over 12 years. We have been in more fights together than I can count, and I know Chip will always, always, always fight for conservative values.”

—United States Senator Ted Cruz endorsing Congressman Chip Roy for Texas Attorney General.

“One of the most frequent questions Texans ask me is: ‘Ken, who should succeed you as Attorney General?’ My answer is now definitive: Aaron Reitz.”

          —Attorney General Ken Paxton endorsing his former First Assistant, Aaron Reitz, for Texas Attorney General.