Here’s a recap of the third week of the current special session (which must end no later than Tuesday, November 7) as well as some other useful information for you.

Senate Bill 22 rules

The Comptroller has a webpage dedicated to SB 22 (available HERE) that includes basic information about these grants, the text of the proposed rules and applicable statutes, and an FAQ section. The public comment period for the Comptroller’s proposed rules for administering those grants ends on November 12, 2023. Comments about potential changes to those rules can be submitted to Russell Gallahan, Manager, Local Government & Transparency, at [email protected]. And to help us keep track of who is concerned about what, please consider cc’ing Shannon on any emailed SB 22 comments.

Special session action

The House finally set off its collection of special session fireworks last week in the course of tackling the governor’s priority legislation on COVID-19 vaccines and border security issues. Neither of those topics are the primary reason for legislators’ presence in Austin right now, but with it looking increasingly unlikely that the House will deliver the votes needed to pass the governor’s preferred school choice vehicle, he may have to console himself with new laws on these other topics for now.

Of particular note, the House passed legislation last week to:

• increase penalties for human smuggling or operation of a stash house (SB 4 by Flores); and
• create a Penal Code crime for illegal entry from a foreign nation (HB 4 by Spiller).

The illegal entry crime bill that was debated and passed by the House (HB 4) is narrower in scope than the version sent to them by the Senate (SB 11 by Birdwell). That didn’t stop the fireworks, though, as tempers flared, racism accusations flew, and House Democrats dragged out debate until around 4:00 a.m. one night (or rather, morning). The numbers are the numbers, though, and both bills eventually passed along party lines. Senate Bill 4 (smuggling) now heads to the governor for his signature, while HB 4 (illegal entry) must go to the Senate for further consideration.

On a related note, this week the Senate will also take up SB 6 by Huffman, a $1.5 billion supplemental border security funding bill. As filed, that bill currently includes an additional $17 million for the Border Prosecution Unit (BPU) to help handle the new illegal entry charges that will result from the enactment of that new crime; however, that language is likely to be stripped out in committee to avoid a potential challenge that such an appropriation is “outside the call” of the special session because it isn’t something specifically pre-approved by the governor. Other special session bills on border wall funding, COVID-19 vaccines, and school choice are also making their way through the system, but we’ll leave coverage of those bills to your local fish wraps.

SART reports

Consider this your reminder that Local Government Code §351.257 (“Report”) requires all county sexual assault response teams (SARTs) to submit a biennial report to their commissioners court no later than December 1 of this odd-numbered year. If you are involved in your local SART and need help with that project, the Texas Association Against Sexual Assault (TAASA) has created a resource for guiding local official in that task. To access a PDF copy of TAASA’s “Framework for Writing the SART Biennial Report,” click HERE.

Elected Prosecutor Conference reminder

This year’s Elected Prosecutor Conference will be held at the Embassy Suites in Frisco and will include a Wednesday night reception on the field of the Dallas Cowboys’ indoor practice facility at The Star. The conference will be held November 29–December 1, 2023 (the week after Thanksgiving) and details about it are available HERE.

Note also that we will hold TDCAA’s Annual Business Meeting on Wednesday, November 29, 2023, at 5:00 p.m., at the Frisco Embassy Suites immediately upon adjournment of that day’s training session.

Scattershooting

Here are some recent stories you might’ve missed:

• “Profanities, Priorities, and Paxton: A Chaotic Day and Night in the Texas House” (The Texan [free link])
• “U.S. Supreme Court to consider Texas case that could allow abusers to have guns (Houston Chronicle [free])
• “Paxton’s Criminal Complaints on Impeachment Foes Face Long Odds” (Bloomberg Law [free])
• “Attorney General Ken Paxton’s securities fraud trial set for April 15” (Texas Tribune [free])

Quotes of the Week

“In a role where everyone must be treated equally under the law in every circumstance, political attacks on elected prosecutors are to be expected and are the new norm nationwide.”
            —Michael Kolenc, campaign spokesman for Harris County DA Kim Ogg, in response to news that some local Democratic precinct chairs are seeking to formally condemn her for investigating and/or prosecuting other local Democratic officials.

“We acknowledge that the Court of Criminal Appeals has concluded that ‘[t]he offices of county and district attorney … are in the judicial branch of government.’ State v. Stephens, 663 S.W.3d 45, 50 (Tex. Crim. App. 2022). This decision was and remains egregiously incorrect.”
            —Excerpt from footnote 2, AG Op. No. KP-0448 (October 23, 2023). The resolution of the question presented in that opinion has nothing to do with the Court of Criminal Appeals’s multiple Stephens opinions (which correctly struck down the Legislature’s unconstitutional attempts to grant OAG the statutory authority to independently prosecute certain crimes), but the current holder of that office is still clearly worked up about it. If this footnoted dicta/tantrum is any indication, you should expect to hear much more about it during the upcoming 2024 GOP primary campaign season.

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Happy Monday! Here’s a (late) recap of the second week of the current special session, plus important information on some upcoming events.

Senate Bill 22 rules

The Comptroller has a new webpage dedicated to SB 22 that you can access HERE. That page includes basic information about these grants, the text of the proposed rules and applicable statutes, and an FAQ section. The public comment period for the Comptroller’s proposed rules for administering those grants is now in effect and ends on November 12, 2023. Comments about potential changes to those rules can be submitted to Russell Gallahan, Manager, Local Government & Transparency, at [email protected].

Our friends at the Texas Association of Counties (TAC) have also posted a podcast on this topic in which TAC’s Skylor Hearn interviews Mr. Gallahan of the Comptroller’s Office. Interested listeners can stream that podcast online HERE or on your podcast app of choice (search for “Texas County Voice” Episode 43).

This new rural law enforcement grant program was a topic of much discussion at last week’s Fall Regional courses in Amarillo and Midland, so if you want to discuss this topic with your peers, consider attending one of our two remaining regional courses this Friday in Laredo or Tyler. (Online registration for these free CLE courses is closed but walk-ins will be accepted.)

Special session action

This week it is the House’s turn to tackle the governor’s priority legislation for the special session, including:

• Increasing penalties for human smuggling or operation of a stash house (SB 4 by Flores); and
• Creating a state crime for illegal entry from a foreign nation (SB 11 by Birdwell).

Senate Bill 4 (smuggling) was passed out of a House committee late last week and will be eligible for consideration by the full House later this week. Senate Bill 11 (illegal entry) was left pending in committee so that language more clearly limiting its application to actors actually seen coming across the southern border can be refined and adopted before the bill is sent to the full House for further consideration.

Other special session bills on border wall funding, COVID-19 vaccines, and school choice are also making their way through the system, but we’ll leave coverage of those bills to your local fish wraps.

Elected Prosecutor Conference

The holiday season will be upon us before you know it, and that means it is also almost time to gather for our annual Elected Prosecutor Conference! This year’s event will be held at the Embassy Suites in Frisco and will include a Wednesday night reception honoring the Texas Prosecutor Society’s Class of 2023 that will be held on the field of the Cowboy’s indoor practice facility field at The Star. The dates for this conference are November 29–December 1, 2023 (the week after Thanksgiving). For more details about the course or to register for it, click HERE.

Note also that we will hold TDCAA’s Annual Business Meeting on Wednesday, November 29, 2023, at 5:00 p.m., at the Frisco Embassy Suites immediately upon adjournment of that day’s training session.

Scattershooting

Here are some recent stories you might’ve missed:

• “Texas judges must retire at age 75. Voters could give them four more years on the bench.” (Houston Chronicle [free link])
• “Mexican Sinaloa Cartel’s Message to Members: Stop Making Fentanyl Or Die” (Wall Street Journal [free])
• “Nearly half of Houston likely voters identify crime as top issue in mayoral race, survey finds” (Houston Chronicle [free])
• “No longer above the fray, state supreme courts pulled into overtly political conflicts” (Route Fifty [free])
• “New Orleans District Attorney and mother forced out of SUV by thieves in Lower Garden District” (NOLA.com [free])

Quotes of the Week

“We have a lot of divisive issues we deal with on the House floor. Many of them are political; some of them are geographical. I just ask that you show respect to your colleagues over the Astros-Rangers games.”
            —Texas House Speaker Dade Phelan (R-Beaumont), before adjourning the House for the day (with tongue firmly planted in cheek) this past Monday.

“Let me be clear, while other members of @KenPaxtonTX trial team run for office—notably @TonyBuzbee2 running for Houston City Council and my friend @realmitchlittle who is running for the Texas House—the only thing I intend to run for is my toilet at 3 a.m. You’re welcome.”
            —Tweet by Dan Cogdell, defense counsel for AG Ken Paxton, posted after his co-counsel Mitch Little initiated a run for a Texas House seat currently held by a Republican member who voted to impeach their client.

[NOTE: Future Friday updates may be thrown off schedule due to the regional courses we are hosting this month; we apologize in advance for any delivery irregularities.]

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We are aware of the current state of everyone’s news feeds, but please resist the urge to stare directly into tomorrow’s eclipsed sun just so you can’t read anything else that will further lower your already low opinion of human nature right now. (This public service announcement is brought to you by The Human Fund.)

CPA proposes rules for Senate Bill 22 grants

The Comptroller of Public Accounts (CPA) has officially issued its proposed rules for administering SB 22 grants in 2024. The link to that section of the Texas Register can be found HERE (html version) or HERE (PDF version, starting on p. 84). They are identical to the version we shared in our special session preview.

For those wishing to submit comments about the proposed rules, please note that the comment period we were told of earlier was incorrect. The period to register comments is 30 days, not 60, which means these rules can be permanently adopted as soon as November 12, 2023. With that in mind, submitting any input sooner rather than later may be a wise course of action. Those comments can be submitted to Russell Gallahan, Manager, Local Government & Transparency, at [email protected]. (And if you do submit suggested changes, please consider cc’ing Shannon so we can keep track of everyone’s input at TDCAA World Headquarters.)

Fall Regionals

If you want to chat with your fellow elected prosecutors about the ins and outs of SB 22 (or other local issues), consider registering for one of our four Fall Regional Courses in Amarillo, Midland, Laredo, and Tyler that start next week. Registration is FREE for elected prosecutors and their first assistants who are TDCAA members, and attendees will receive 3.0 hours of CLE, including 1.0 hour of ethics credit.

More information about these regionals and how to register for them is available on our Training webpage. We hope to see many of you there!

Special session action

The State Senate made progress this week on the governor’s priority legislation for this month’s special session, including:

• Increasing penalties and imposing mandatory minimum sentences for human smuggling and operation of a stash house (SB 4 by Flores); and
• Creating a state crime for illegal entry from a foreign nation (SB 11 by Birdwell).

These bills largely track measures that advanced through the Senate during the regular session but failed to cross the finish line in the House. Now all eyes shift to that chamber next week to see whether these bills have better luck in this special session.

Note also that Governor Abbott announced yesterday that once his preferred school choice bill (SB 1 by Creighton) is passed and sent to him for his approval, he will add teacher pay raises to the call of this special session.

JCMH Summit

The 6th Annual Judicial Summit on Mental Health will be held October 18–20, 2023, at the Moody Gardens in Galveston, Texas. This is a hybrid event with the option to attend in-person or virtually. Registration is free, but in-person attendees are responsible for their own travel expenses. Those who cannot attend in person can register for the livestream option to view the Summit online. For more information, click HERE.

Memorial for Judge Womack

The Court of Criminal Appeals will host a memorial service honoring former CCA Judge Paul Womack, who passed away in 2022. Judge Womack was elected to the Court in 1997 and served until 2014. The service will be held on Monday, October 16, 2023, at 10:00 a.m. in the Court of Criminal Appeals Courtroom.

Scattershooting

Here are some recent stories you might’ve missed:

• “She’s a dedicated Harris County prosecutor. An ‘unsustainable’ caseload tests her limits.” (Houston Landing [free link])
• “Special session agenda inflames intraparty GOP voucher conflict while tapping into broad Republican consensus on border, immigration, COVID, and vaccines” (Texas Politics Project [free])
• “SCOTUS Is Deciding Whether to Hear a Challenge to Dallas County’s Bail System” (D Magazine [free])
• “Rep. Andrew Murr took on Ken Paxton and lost. He has no regrets.” (Texas Tribune [free])

Quotes of the Week

“What really pissed me off was that they stole my sushi. It looked like great sushi.”
            —U.S. Rep. Henry Cuellar (D-Laredo), after being carjacked outside his D.C. residence last week.

“Growing up on a ranch, I was taught to keep the manure on the outside of my boots. Mr. Paxton’s baseless threats about filing criminal complaints are horse manure, and they are filling his boots full.”
            —State Rep. Andrew Murr (R-Junction), in a written response to news that Attorney General Ken Paxton intends to file criminal doxing complaints against Murr and other House Impeachment Managers after a post-verdict release of evidence by the House included documents containing the (already public) address of Paxton’s Austin residence.

[NOTE: Future Friday updates may be thrown off schedule due to the regional courses we are hosting over the next two weeks;
we apologize in advance for any delivery irregularities.]

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This weekend confirmed that the Texas Longhorns may not be back, but the Texas Legislature is coming back. Welcome to a preview of the latter, along with some information on SB 22 grants.

Don’t call it a comeback

It seems like they been here for years, doesn’t it?

Last Thursday, Governor Abbott notified legislators that he would summon them back to Austin at 1:00 p.m. this afternoon (Monday, October 9, 2023) to convene a third called session to address the following topics:

• Creating education savings accounts
• Creating a criminal offense for illegal entry into the state from a foreign nation and authorizing peace officers to remove illegal immigrants from Texas
• Increasing penalties for human smuggling and operation of a stash house
• Providing more funding for construction of border barriers
• Addressing the Colony Ridge development in Liberty County (more on that at this free link if you are unfamiliar with that kerfuffle)
• Prohibiting COVID-19 vaccine mandates by private employers

From our seat on the outside looking in, the presence of other issues on the call of a special session that was supposed to be dedicated to school choice may not be a good sign for the fate of that specific policy change. Should it fail to pass, though, the addition of other topics gives GOP legislators a way to salvage something from this month’s work even if the main purpose of this special session stalls out (again).

Some of these non-education items on the governor’s to-do list might surprise those of you who do not closely follow politics in Austin, but the inclusion of immigration and border security topics will come as no surprise to those of you who have completed our Legislative Update course (IYKYK). And as we also noted in that course, the effects of criminal law changes arising from immigration- and border security-related events are not limited to border communities, so prepare yourselves accordingly.

As of this morning, more than 130 bills and joint resolutions have already been pre-filed for this special session. We will read and track those changes that might impact your work and try to keep you in the know as best we can as things transpire, with the caveat that stuff can happen at lightning speed during a special session.

Senate Bill 22 grants

For those of you in jurisdictions with a population of less than 300,000 people, we have received word that the proposed rules governing SB 22 grants to prosecutors, sheriffs, and constables will go “live” on Friday, October 13, 2023, and the 60-day public comment period will begin at that time. Links to those proposed rules are now available online and included in this chart:

Offices eligible for these grants may want to get a head start on reviewing them to decide whether you want to request any changes. We have already noted a potential problem with proposed §16.306 (Provisions Applicable to Fiscal Year 2024) because the initial language may (unintentionally?) exclude prosecutors from that back-fill provision, but if you notice other potential problems, please email Shannon with that information (Rob is unavailable this week).

Again: No public comments can be submitted until these rules are officially posted in the Texas Register this Friday, and the comment period remains open for 60 days after that date, so there is nothing urgent that must be done at this time.

Fall Regionals

If you want to network with your peers about any of the matters included in this update, we will be conducting four Fall Regional Courses later this month in Amarillo, Midland, Laredo, and Tyler. Topics for that training will include office finances (including SB 22 grants), professional responsibility, and other hot-button issues in your communities.

Registration for this training is FREE for elected prosecutors and their first assistants who are TDCAA members, and attendees will receive 3.0 hours of CLE, including 1.0 hour of ethics credit. More information about these regionals and how to register for them is available on our Training webpage. We hope to see many of you there!

Legislative Update CLEs and books

More than 2,650 people have registered for or completed our Legislative Update course! That’s a near-record turnout, but if you or your employees are not included in that number, don’t get left behind. We have completed our in-person trainings for the year, but you can still sign up for our online Legislative Update CLE by clicking THIS LINK. That course will remain available until the end of 2023, but we all know how the latest emergency can interrupt our best-laid plans, so sign up now and complete that self-paced course at your own speed—the end of the year will be here before you know it!

Scattershooting

Here are some recent stories you might’ve missed:

• “Ken Paxton to file criminal [doxing] complaints against Texas House impeachment managers” (Texas Tribune)
• “A House Divided: Paxton Impeachment Trial Widens Fissures in Texas GOP” (The Texan)
• “How Ken Paxton impeachment verdict impacts Greg Abbott’s push for school voucher-like plan” (Dallas Morning News)

Quotes Tweets of the Week

“The Speaker is calling on the Lt. Gov. to give up $3 million because of a group’s ties to white supremacy
The GOP Chairman is calling the Speaker a ‘drunk’
The AG is filing criminal complaints against House members
The governor seems MIA
Great day for a special session.”
            —Scott Braddock, editor of the Quorum Report, posted earlier today—and that was BEFORE Lieutenant Governor Patrick called on Speaker Phelan to resign. (Whew! We can barely keep up.)

“The Texas Court of Appeals [sic], consisting of an anonymous group of ‘Republicans,’ has just made it IMPOSSIBLE for @KenPaxtonTX to prosecute voter fraud. And he tells me that (of course) it’s all tied to George Soros.”
            —Glenn Beck, conservative news personality, posted a few weeks ago during the AG’s post-impeachment trial victory tour in which he called for the House Speaker and three CCA judges—whose names he could not initially remember—to be defeated in the 2024 GOP primaries in retaliation for their votes in the Stephens case (link includes video excerpt).

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Habemus res tax pactum!

Week in Review

If you thought you heard the low roll of thunder in the distance last night only to be disappointed by the lack of rain, blame the Legislature—that sound was probably emanating from Austin as the echoes of their chest-thumping and back-patting for finally agreeing to a property tax deal that could have been wrapped up six weeks ago. But hey, better late than never, right? And best of all, they did no harm to anything else.

After the long-awaited legislative compromise was sent to the governor yesterday afternoon (who publicly confirmed that he would sign it into law), both chambers adjourned sine die. What comes next is unclear. Many in Austin expect a special session on the governor’s pet issue of school choice to be called after school begins again in the fall, but whether that is held during or after the Attorney General’s September impeachment trial is unclear. There were also quite a few regular session bills the governor vetoed in a manner that some believe indicated his willingness to add those random issues to the call of a future special session after the legislature delivered a deal on property tax reform. But again, whether the resurrection of those bills would be in conjunction with a school choice special session or afterwards (if at all) is unknown.

For now, all we can say with certainty is that the legislature is no longer in session. Accordingly, these weekly legislative updates will shift gears to the monthly schedule we follow during normal interim periods. Look for our next email update at the end of July.

Impeachment news

Former Texas Supreme Court Justice Harriet O’Neill is joining the prosecution impeachment team.

Legislative Update CLEs and books

To pre-order your updated TDCAA code books (which will be shipped out starting in August), visit our Books webpage.

Our Legislative Update CLE course will be offered online in August 2023. While we work on that, those of you who prefer in-person training can register for a live Legislative Update presentation to be held on Tuesday, September 19, in Round Rock immediately prior to the start of our Annual Criminal & Civil Law Conference at the Kalahari Resort and Convention Center. To register online for the Legislative Update course—which requires a separate registration from the Annual Conference—click HERE.

TCFV training (free!)

Our friends at the Texas Council on Family Violence are offering a free online CLE (via Zoom) that will focus on legislation from the 88th Regular Session affecting prosecutors who handle family violence cases. The class will air on Friday, July 28, from 10:00 to 11:30 a.m., and viewers will qualify for 1.5 hours of CLE (including 0.5 hour of ethics). To tune in and watch this course by TCFV Legislative Director Krista Del Gallo, TCFV Public Policy Director Molly Voyles, and 46th Judicial DA Staley Heatly, register HERE.

Scattershooting

Here are some recent stories you might’ve missed:

• “Gov. Greg Abbott taps longtime aide Angela Colmenero as interim attorney general” (Texas Tribune)
• “Exclusive: Ken Paxton met with GOP activist his office was prosecuting, jeopardizing child abuse case” (Houston Chronicle)
• “New school safety laws seek to add armed guards, chaplains and mental health training. Here’s what you need to know.” (Texas Tribune)
• “Rockwall District Attorney Elected as VP of National Prosecutors’ Association (Blue Ribbon News)

Quotes of the Week

“The idea that just by virtue of living in [Texas], since they’re technically government employees, that research will be expressly forbidden—that’s a precedent we need to confront now, because it’s a catastrophically bad idea. … I just don’t even understand what threat they’re trying to solve.”
            —David Karpf, associate professor of media and public affairs at George Washington University, explaining why a coalition of university professors has sued to stop the implementation of SB 1893, which will ban TikTok from all state and local government devices (including public universities).

“It’s so hot two Hobbits just walked by and threw a ring into my yard.”
            —As seen today on Twitter and it made us laugh. Hope it makes you laugh too!

(Watch your inbox for our next interim update at the end of July.)

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Happy (belated) Independence Day! For those pessimists questioning the fate of this grand endeavor due to recent events, here’s a little reminder that it’s been questioned since the get-go.

Review, preview

No actual work has been done, but at least the two chambers appear to be talking to each other. Both are returning to work on Tuesday of next week. Let’s see how long this keeps up.

Impeachment news

Houston-based Republican activist Steve Hotze announced the formation of a new PAC that is seeking donations to lobby senators to acquit Paxton at his impeachment trial. A lawyer for the group also said the PAC would seek primary challengers for the House Republicans who voted to impeach the attorney general. (FYI, this same outfit has also stated they would seek and financially support primary challengers to the Republican Court of Criminal Appeals judges who ruled against the AG in the Stephens opinions.)

Also, the defense announced this week that their client would not testify at his impeachment trial.

Legislative Update CLEs and books

To pre-order your updated TDCAA code books (which will be shipped out starting in August), visit our Books webpage.

Our Legislative Update CLE course will be offered online in August 2023. While we work on that, those of you who prefer in-person training can register for a live Legislative Update presentation to be held on Tuesday, September 19, in Round Rock immediately prior to the start of our Annual Criminal & Civil Law Conference at the Kalahari Resort and Convention Center. To register online for the Legislative Update course—which requires a separate registration from the Annual Conference—click HERE.

We are also working on a date for an additional live course in San Antonio; stay tuned for more information once that is confirmed.

Civil Practitioner Boot Camp

TDCAA’s inaugural Civil Practitioner Boot Camp will be held July 24–26 in Waco. This course will apply our tried-and-true Prosecutor Trial Skills Course model to the everyday problems encountered by prosecutors who work in government representation. Click HERE for more information or to register someone for the course.

Scattershooting

Here are some recent stories you might’ve missed:

• “‘Outside’ report? Law firm that wrote it to defend Ken Paxton was paid $500K by Texas AG” (Austin American-Statesman)
• “The FBI has formed a national database to track and prevent ‘swatting’” (NBC News)
• “Texas courts struggle to resolve criminal appeals that got lost in Harris County for decades” (Texas Tribune)
• “‘I want them to haunt you’: Man who killed 23 at El Paso Walmart hears from victims’ families” (Texas Tribune)

Quotes of the Week

“What I see on this video is the execution by police of a 17-year-old kid, in France, in 2023, in broad daylight. … You get the feeling that our police are becoming like America’s.”
            —Marine Tondelier, leader of France’s Green Party, commenting upon the officer-involved shooting last week that triggered widespread rioting and disorder in that country.

“There’s part of me that wanted to make [the defendant] sit through the horror he carried out on people; selfishly, that’s the downside to the plea … but this is by far and away the best result for the victims.”
            —Michael Allen, 4^th Judicial DA (Colorado Springs, CO), in an interview conducted after the neo-Nazi defendant in the Club Q massacre—who falsely claimed to be non-binary to avoid additional hate crimes charges subjecting him to the federal death penalty—pled guilty to killing five people and injuring 17 others and was sentenced to five life sentences plus more than 2,000 years in prison.

“Megabillionaires …. We always had wealthy people, but nothing like these guys, all of whom have think tanks and foundations and lobbyists, and they’re all over the place and they’re keeping scorecards on the Republicans, which really—what’s the right word?—intimidates the Republicans from voting freely in the interests of their districts—and they will admit that off the record—because they don’t want to be targeted by these guys.”
            —State Rep. John Bryant (D-Dallas), in an interview with Texas Monthly in which he was asked to identify differences between today’s legislature and his first time in the House (1974–1982).

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Second verse, same as the first?

Review, preview

The First Called Session of the 88th Legislature ended just after lunchtime on Tuesday, June 27, and the governor kicked off Round Two by 3:00 p.m. that same day and with the same issues on the call. Legislators had nothing to show for their work in the first 30-day special session, so let’s see if anything changes this time. If nothing else, the fact that the House didn’t pass two bills and adjourn sine die on the first day of this current special session, like they did the previous time, is a positive sign for the optimists out there.  

Impeachment news

The Senate rules for the impeachment trial include a type of gag order on the participants that has had its desired effect, so all was quiet on this front this week.

Legislative Update CLEs and books

TDCAA will offer our Legislative Update course online in August of 2023, before (most of) the 88th Legislature’s new laws go into effect. Checking our Training webpage next month for details on when that online course will become available.

For those of you who prefer in-person training, we will offer a live Legislative Update presentation on Tuesday, September 19, in Round Rock immediately prior to the start of our Annual Criminal & Civil Law Conference being held that week at the Kalahari Resort and Convention Center. To register online for the Legislative Update course—which requires a separate registration from the Annual Conference—click HERE.

We are also taking online pre-orders for all of our updated code books which will be shipped out starting in August. To order your updated books, visit our Publications webpage.

Prosecutor Trial Skills Course

Due to ongoing construction at the Austin Sheraton Hotel that was scheduled to host next month’s 2023 Trial Skills Course (aka “Baby Prosecutor Boot Camp”), we have moved the conference to the downtown Austin Hilton. We still have spots (and rooms) available for those who would like to attend this course at this fantastic venue during the week of July 9–14, so click HERE to learn more or to sign up your lawyers for this great opportunity.

NEW: Civil Practitioner Boot Camp

Speaking of boot camps, we are offering a brand new training course for our civil practitioners this summer! TDCAA’s inaugural Civil Practitioner Boot Camp will be held July 24–26 in Waco. This course will apply our tried-and-true Prosecutor Trial Skills Course model to the everyday civil problems encountered by prosecutors who work in government representation. We are still accepting registrations for this new course, so click HERE for more information or to register.

Scattershooting

Here are some recent stories you might’ve missed:

• “Arizona Gov. Hobbs strips county attorneys of abortion prosecution authority” (Axios)
• “Despite promise of ‘total transparency,’ secrecy will be a big part of Ken Paxton impeachment trial” (Texas Tribune)
• “House Members Receive Full Month’s Per Diem Despite Working Less Than 1 Day” (Texas Scorecard)
• “Supreme Court to weigh right of accused domestic abusers to own guns” (NBC News)
• “New Texas laws favor parents in child abuse investigations as legislators try to limit number of kids in foster care” (Texas Tribune)

Quotes of the Week

“Oh my gosh, the students love handcuffs. And I mean that in the most positive and educational way possible.”
            —Ryann Kaaa-Bauer, a teacher at Huntsville High School’s criminal justice program that was recently profiled by The Marshall Project, when asked to describe her students’ favorite activity.

“[Caseworkers] show up and interrogate parents and they try to collect evidence like getting medical records, interviewing children, requiring drug tests, threatening them. That’s what a cop does. … We’re saying, ‘OK, if you’re going to act like a police officer, we’re going to start treating you like one and now you’re going to have to give everybody their rights.’”
            —Julia Hatcher, family law attorney from Galveston, explaining the rationale behind one of the many changes made to CPS investigations this session.

“It is a very fair question to ask: Why is this so hard to get done?”
            —Jim Henson, director of the Texas Politics Project, as quoted in a Dallas Morning News article about the negative impact the property tax relief stalemate is having on GOP favorability ratings.

“This seems like a rerun of a movie that we’ve seen before.”
            —State Sen. Juan “Chuy” Hinojosa (D-McAllen), ahead of a Senate floor vote for property tax reform on the first day of the Second Called Session.

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Wednesday was the first day of summer and this heat wave is already beyond ridiculous. Our prayer for all of you lucky enough to take a summer vacation is that you choose a destination a little farther from the sun.

Review, preview

This 30-day first called session ends Wednesday, June 28, and there is really nothing to report. No resolution on the governor’s property tax rebate charge has been reached, so we expect a second special session to be called soon. Laissez les bon douloureux temps rouler.

Vetoes

Governor Abbott vetoed 77 bills from the regular session, which is the second-most vetoes in history behind only Governor Rick Perry’s 83 vetoes in 2001. However, only a handful of vetoes were of bills we were tracking for you, and we assume that if you cared about a bill that was vetoed, you already know about it (or at least that is the impression we get from the puzzled questions we received from some of you in that boat).

The slick floor of Abbott’s abattoir included 52 bills from the Senate, which still has not gotten on board with his version of a property tax rebate. The governor made it clear in his veto proclamations that many vetoes were directly related to that intransigence. This would all make a heck of an update to that old “I’m Just a Bill” episode of Schoolhouse Rock, but the sequel might have to be a Rated R slasher film.

Impeachment news

The Senate finally adopted rules for its impeachment trial, which you can read HERE. That proceeding will commence on Tuesday, September 5, 2023 (a week later than originally suggested, for reasons known only to the senators). The rules include a gag order on all the participants, so those of you hoping for some free political entertainment to replace the lack of decent Hollywood blockbusters in the theaters this summer will have to look elsewhere.

Legislative Update CLEs and books

Did you know that the 88th Legislature passed 1,259 bills and joint resolutions before adjourning sine die last month? Are you ready to start implementing and enforcing the new laws relevant to your work come September 1, 2023? No, of course you aren’t. No one could be! But have no fear, that’s why we are here.

TDCAA will once again offer our popular—dare we say, essential—Legislative Update course online in August of 2023, before (most of) those new laws go into effect. Keep checking our Training webpage for details on when that online course will become available. And for those of you who prefer in-person training, we will offer a live Legislative Update presentation on Tuesday, September 19, in Round Rock in conjunction with our Annual Criminal & Civil Law Conference being held that week at the Kalahari Resort and Convention Center. Again, check our Training webpage for the latest information. Registration for that course will be online.

We are also taking online pre-orders for all of our updated code books which will be shipped out starting in August. For information on how to order your updated books, visit our Publications webpage.

Scattershooting

Here are some recent stories you might’ve missed:

• “Gov. Greg Abbott vetoes more than 70 bills amid property tax impasse” (Texas Tribune)
• “‘Tranq’ Complicates Recovery For Drug Users Seeking Help” (Wall Street Journal)
•  “Hispanics officially make up the biggest share of Texas’ population, new census numbers show” (Texas Tribune)
• “Ethics rules waived for Texas AG lawyers defending boss, Ken Paxton, in impeachment trial” (Dallas Morning News)
• “SB 12 Criminalizes Private, Non-Commercial ‘Sexually Oriented Performances’—Even in a Home” (TCJL Blog)

Quotes of the Week

“Meth is eating everybody’s lunch and nobody’s talking about it. Meth is crawling up on everybody. Meth fatalities are way up even if you look at the Texas numbers.”
            —Peter Stout, president and CEO of the Houston Forensic Science Center, as quoted in a Texas Tribune story about the impact of fentanyl deaths upon perceptions of drug use in Texas.

“Right now, we have about six weeks to pass a bill to get it on the November ballot.”
            —Lt. Gov. Dan Patrick (R-Houston), pointing out this week that both the House and Senate’s dueling tax reform plans need to amend the state constitution, which requires voter approval, and that logistical process must be initiated about 90 days before such an election.

“I think it may be a long, hot summer in Austin for legislators, because the two sides are just not budging at all.”
            —Scott Braddock, editor of the Quorum Report, critiquing the governor’s strategy of vetoing unrelated (mostly Senate) bills to force the legislature to pass his preferred solution for property tax reform.

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Who thought it would be this hard for politicians to give away money?

Review, preview

This 30-day first called session ends on Wednesday, June 28. Nothing of substance is cooking right now, but political tensions are boiling. We do have some good news for you below, however, so keep reading!

Impeachment news

The House impeachment managers continue to investigate matters in preparation for the Senate trial. Meanwhile, the attorney general’s lawyers are lobbying the Senate to decide the matter on briefs, or via the impeachment equivalent of summary judgment, in an apparent attempt to prevent live witnesses from testifying before the Senate. On Tuesday, the Senate will re-convene at 11:00 a.m. to hash out those procedural and evidentiary rules for the trial, which may be illuminating.

Also, in a related criminal case against the attorney general that has been pending for eight—yes, eight, like ocho—years, the Court of Criminal Appeals ruled this week on the proper venue for those proceedings (Harris County, instead of Collin County; read the majority opinion here).

Compensation changes signed into law

Good news for some of you: Governor Abbott has signed HB 3474 by Leach/Hughes, the omnibus court administration bill that includes two priorities of TDCAA’s Compensation Committee!

Specifically, provisions of ARTICLE 6 of the bill amend Gov’t Code §41.013 (Compensation of Certain Prosecutors) and §46.003 (Compensation of State Prosecutors) to grant eligible elected felony prosecutors:
            1) cross-service credits for time spent as an elected county attorney or judge for purposes of determining their salary tier (100 percent, 110 percent, or 120 percent of the $140,000 benchmark judicial salary under §659.012 (Judicial Salaries)), and
            2) a longevity pay bump after 12 years of service, which will give prosecutors at that service mark an additional raise of five percent ($8,400) of that 120-percent salary tier amount in accordance with §659.0445 (Longevity Pay for State Judges and Justices), as amended.
If our math is correct, these two changes could result in a potential raise of up to $36,400 for some of you with time served in those other elected positions. However, as the kids say, YMMV (“your mileage may vary”) depending upon your personal circumstances, so we cannot make blanket statements across the board for all of you. Instead, we will defer to the experts at the Judiciary Section of the Comptroller’s Office who will figure it all out before the changes go into effect on September 1, 2023.

Finally, credit for these changes goes to those in our membership who made them happen: 46^th Judicial DA Staley Heatly (Compensation Committee Chair), Comal Co. CDA Jennifer Tharp (Legislative Committee Co-Chair), 8^th Judicial DA Will Ramsay and 79^th Judicial DA Carlos Omar Garcia (who both worked to get longevity pay measures filed as separate bills), and everyone who showed up in Austin to support these measures or worked on it behind the scenes from home. We love it when a plan comes together!

New laws

The governor signed into law the following bills from the regular session:

HB 63 by Swanson/Sparks limiting anonymous reports of child abuse or neglect
HB 165 by A. Johnson/Whitmire increasing the criminal penalties for mass shooting assaults
HB 291 by Murr/Hughes revising occupational driver’s license procedures
HB 422 by VanDeaver/Perry authorizing juvenile detention hearings using remote technology (eff. June 13)
HB 730 by Frank/Hughes requiring certain quasi-criminal notices and burdens of proof in child abuse investigations and proceedings
HB 1163 by Smith/King creating the offense of boating while intoxicated with child passenger
HB 1243 by Hefner/Hughes increasing the criminal penalty for illegal voting
HB 1730 by Schaefer/Hughes increasing the criminal penalty for repeat indecent exposures
HB 2127 by Burrows/Creighton pre-empting certain local city and county enforcement actions
HB 3474 by Leach/Hughes, the omnibus judicial branch administration bill
HB 3956 by Smith/Creighton expanding the collection of DNA upon felony arrests
HB 4635 by Guillen/Flores creating civil and criminal racketeering laws

The governor has until this Sunday to sign or veto a bill passed by the legislature; after that, all un-vetoed bills become law as of Monday whether signed or not (with most of those new laws becoming effective September 1, 2023).

Vetoes

Speaking of vetoes, Governor Abbott spiked eight bills this week, including SB 467 by Bettencourt/Leach which would have increased penalties for criminal mischief involving a motor fuel pump. That may seem like an odd bill to veto, but consider his veto message an insight into the current level of discourse in the capitol right now, along with the fact that six of the eight bills the governor has vetoed this week were authored or sponsored by Senator Bettencourt (R-Houston), who just so happens to be the primary author of the Senate’s property tax relief proposal that the governor has rejected in favor of the House’s version—which the Senate refuses to pass.

So, if you have been following a Senate bill you want to see become law—especially one by Senator Bettencourt—and it has not been signed by now, you might have a very nervous weekend thanks to the House-Senate impasse over property tax reform. Welcome to politics, #txlege-style.

We’ll provide a rundown of all the vetoes in next Friday’s update, but if you need intel on something before then, contact Shannon.

Legislative Update CLEs and books

Did you know that the 88th Legislature passed 1,259 bills and joint resolutions before adjourning sine die last month? Are you ready to start implementing and enforcing the new laws relevant to your work come September 1, 2023? No, of course you aren’t. No one could be! But have no fear, that’s why we are here.

TDCAA will once again offer our popular—dare we say, essential—Legislative Update course online in August of 2023, before (most of) those new laws go into effect. Keep checking our Training webpage for details on when that online course will become available. And for those of you who prefer in-person training, we will offer a live Legislative Update presentation on Tuesday, September 19, in Round Rock in conjunction with our Annual Criminal & Civil Law Conference being held that week at the Kalahari Resort and Convention Center. Again, check our Training webpage for the latest information. Registration for that course will be online.

We are also taking online pre-orders for all of our updated code books which will be shipped out starting in August. For information on how to order your updated books, visit our Publications webpage.

Scattershooting

Here are some recent stories you might’ve missed:

• “2023: The Best and Worst Legislators” (Texas Monthly)
• “Gov. Greg Abbott says he won’t renew his COVID-19 disaster declaration later this week” (Texas Tribune)
• “Election fraud a felony in Texas again after Gov. Abbott signs bill” (Dallas Morning News)
• “Trap-neuter-release programs for cats may soon be legally protected in Texas” (Texas Tribune)

Quotes of the Week

“The intent of the bill is to go after the distributors, go after the dealers. We’re not going to go after someone who calls 9-1-1 to try and save somebody’s life.”
            —Rep. Craig Goldman (R-Fort Worth), author of the fentanyl bill (HB 6) that makes delivery resulting a death prosecutable as murder, responding to objections that it could result in more deaths if people are afraid to seek help for those overdoses due to that new penalty. (The bill does not include a “good Samaritan” defense.)

“As we get closer and closer to this Sunday, all of these bills that have yet to be signed face the possibility—if not the probability—that they’re going to be vetoed.”
            —Governor Greg Abbott, rattling his veto saber over the failure of the Senate to pass his preferred property tax solution, as proposed by the House.

“In a ploy to apparently get his way, Governor Abbott suggests he is threatening to destroy the work of the entire 88th Legislative Session—hundreds of thousands of hours by lawmakers doing the work the people sent us to do. The Governor’s suggested threat today to veto a large number of Senate bills is an affront to the legislative process and the people of Texas.”
            —Excerpt from a lengthy tweet reply by Lt. Governor Dan Patrick.

“Just know this: There will be no future special sessions unless and until the Texas Senate and Texas House get together and come up with an agreement about how we are going to … [cut] property taxes on Texans and what they have to pay every year.”
            —Governor Greg Abbott, at a bill signing ceremony earlier this week, in response to a question from the press about his school choice pet project.

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Special session schedule: Lather, rinse, repeat.

Review and preview

While House members are home enjoying their interim, the Senate continues to meet, hold committee hearings, and debate and vote on bills—which then get delivered to a vacated House. Barring the Senate adjourning sine die early, this kabuki theater may continue until the 30-day first called session ends on Wednesday, June 28.

Veto period

We are now in the “veto period” after the regular session. This is the 20-day span after a session during which the governor can veto a bill without the legislature being able to override that decision. This current veto period for the regular session ends on Sunday, June 18. After that date, all bills not already signed or vetoed by the governor will become law without his signature.

With that impending deadline in mind, we wanted to share with you some information regarding two privacy bills that may deserve your attention: HB 4 by Capriglione/Hughes “relating to the regulation of the collection, use, processing, and treatment of consumers’ personal data by certain business entities” and HB 2545 by Capriglione/N. Johnson “relating to an individual’s genetic data, including the use of that data by certain genetic testing companies for commercial purposes and the individual’s property right in DNA.” The information provided to us is as follows:

“Numerous state and federal law enforcement entities utilize in-state and out-of-state companies for genealogical testing and analysis. If signed into law, HB 4 and HB 2545 would adversely impact how law enforcement agencies conduct investigations in Texas. Specifically, HB 2545 would restrict direct-to-consumer companies like Ancestry and 23AndMe from releasing genetic data to law enforcement without “express written consent” or a warrant. In many cases, the identified genetic data is a relative of the suspect DNA sample and, therefore, would be impossible for law enforcement to request consent or obtain a warrant for an individual unknown to the investigators. 

In recent years, numerous serial murderers, serial sex offenders, and missing unidentified persons have been identified through genetic DNA data by investigators, cold-case investigators, and criminal profilers who work with direct-to-consumer companies. Removing this valuable tool from law enforcement’s arsenal to identify, apprehend, and remove major violent criminals from communities poses a significant risk to public safety.”

If after reading those bills for yourself you share some of these concerns, contact Shannon for more information on possible next steps.

Impeachment news

The Austin businessman at the center of several of the impeachment allegations was arrested yesterday by the FBI. How that will impact his availability as a witness in those Senate proceedings remains to be seen.

The impeachment defense team for Attorney General Ken Paxton will be led by Houston lawyers Tony Buzbee and Dan Cogdell (Paxton’s lead criminal defense lawyer in his other pending charges); more on that announcement HERE for those who missed it.

Interestingly, one of Buzbee’s first comments was that the current date for the Senate trial of “not later than August 28, 2023” would need to be pushed back because the defense team needed time to prepare for the trial by conducting depositions and the like. However, the procedural and evidentiary rules for the trial are still unknown, and they may not include traditional discovery practices (or any right to a continuance). Those rules will be hashed out among the senators themselves on Tuesday, June 20, and everyone will know more then.

Rural prosecutor grants

Governor Abbott signed SB 22 by Springer/Guillen earlier this week. This landmark program will benefit many of you (in jurisdictions of less than 300,000 population) who have struggled to recruit and retain high-quality employees in our post-pandemic world. However, this is not going to happen anytime soon—perhaps not even during your next fiscal year of operation—so patience will be a virtue in the short term.

We’ve received numerous questions about the new rural law enforcement grant funding program to be created by SB 22, but many of the most important details of that new funding program are yet to be finalized. The bill gives the comptroller’s office until January 1, 2024, to adopt and implement the rules and procedures necessary to make this program work; only after that date will applications start to be accepted. Furthermore, the rules for sheriffs and constables’ funds may differ from the rules for prosecutors, and the timing of the disbursement of funds may vary from jurisdiction to jurisdiction.

We are in close contact with the appropriate agency staffers and the Sheriffs Association of Texas, and we will share with you any what/when/how details as we learn them. We will also cover this topic in our Legislative Update book and CLE course, and this will almost certainly be a popular topic of conversation at our Rural Prosecutor Forum before our Annual Conference. But until then, please be patient and understand that we can’t give you answers we don’t have.

New laws

While the legislature (kind of) works on new bills in special session, the governor is still signing bills from the regular session, such as these eight “public safety” bills ceremonially signed at one public event. (Note that ceremonial bill signings are not necessarily the actual, official bill signing, so always check the state website for the official date a bill is signed into law if that is important to you.)

Bills officially signed this past week include:

HB 17 by Cook/Huffman relating to the removal from office of certain prosecutors
HB 28 by Slawson/Birdwell increasing the penalty for certain aggravated assaults
HB 1442 by A. Johnson/Bettencourt relating to penalties, seizures, and forfeitures for street takeovers
HB 2899 by Plesa/Hall relating to vehicle impoundment for street takeovers (eff. June 2)
SB 22 by Springer/Guillen creating a rural law enforcement funding program
SB 840 by West/Anchia increasing the punishment for assaulting hospital personnel
SB 1004 by Huffman/Herrero creating a criminal offense for tampering with an electronic monitor

Remember, the governor has until Sunday, June 18 (Father’s Day), to sign or veto a bill passed by the legislature; after that, all un-vetoed bills become law whether signed or not.

Legislative Update CLEs

Based on the success of our pandemic-induced change from in-person Legislative Update CLEs to online presentations in 2021, TDCAA will once again be offering this popular course online. Keep checking our Training webpage for details on when that online course will become available in August 2023.

For those of you who prefer in-person training, we will offer a live Legislative Update presentation on Tuesday, September 19, in Round Rock in conjunction with our Annual Criminal & Civil Law Conference being held that week at the Kalahari Resort and Convention Center. Again, check our Training webpage for the latest information.

Scattershooting

Here are some recent stories you might’ve missed:

• “Texas Legislature didn’t pass border bills during session. Will new session be different?” (Dallas Morning News)
• “Lina Hidalgo says her ‘F-word’ comment about DA Ogg wouldn’t have drawn attention if she were a man” (Houston Chronicle)
• “’Two steps forward, one step back’: McLennan County District Attorney works to resolve 10,000 backlogged cases” (KXXV News)
• “The Potentially Life-Saving Map That Most Can’t See” (Route Fifty)
• “From Paschal High to Texas interim attorney general: John Scott learned to ‘stick with it’” (Fort Worth Report)

Quotes of the Week

“We’re going to get [property tax reform] taken care of before we go into other issues to make sure we address everything. But we may be here a while …. We will have a special session [on school choice] coming up after—AFTER—we get property tax reform fixed.”
            —Governor Greg Abbott, pouring cold water on legislators’ summer vacation plans earlier this week.

“If a district attorney wants to be in law enforcement, they have to start by enforcing the laws. If they want to make state policy, they should run for the state legislature.”
            —Governor Greg Abbott, at this week’s public signing ceremony for HB 17 by Cook/Huffman relating to the removal of prosecutors from office.

“Number one, I was surprised it happened so quickly, and number two, I was surprised it took so long to happen quickly.”
            —Louie Gohmert, former Congressman and former GOP candidate for attorney general, in a TV interview about the impeachment charges lodged against the current holder of that office.

“Why does everything in Texas politics turn into a Houston mud wrestling show?”
            —Bud Kennedy, columnist at the Fort Worth Star-Telegram, in a quote tweet of a story about the Houston lawyers hired by both sides of the upcoming impeachment trial.

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