Close your eyes and visualize how you would feel if you spent five months in trial on the most complicated case you can imagine, only to have the jury hang 11–1 and cause a mistrial.

Yeah, that’s pretty much how we feel right now. #airingofgrievances #serenitynow

Final adjournment

The 87^th Regular Session adjourned sine die yesterday without much fanfare because of the pall cast over the proceedings by the prospects of a special session being called—perhaps as quickly as later this month. That unpopular decision was brought about by the House Democrats’ quorum-busting defeat of SB 7 by Hughes/Cain (election reforms). The story made national news, so you don’t need us to tell you what happened, but let’s just say “it didn’t have to go down like that” and leave it at that. What’s done is done.

After sine die, all the cards remaining to be played are in the governor’s hand. Only a governor can call the legislature back into session, and then only to address specific issues selected by the governor. While we await word on the scheduling of any special session, let’s break down what did and didn’t pass before the final meltdown.

Collateral damage

Several bills we were tracking failed to receive final approval due to the fight over SB 7. Those included:

• HJR 4 (bail) – died in House
• HB 20 (bail) – died in House
• HB 492 (no-knock warrants) – died in House
• HB 2593 (THC edibles) – died in Senate

Of particular importance are the bail reform measures that were among Governor Abbott’s five “emergency issues” for this session, along with expanding broadband internet access, cracking down on “defunding police,” limiting civil liability for businesses open during the pandemic, and “election integrity” legislation. It’s that last one that got all the attention for failing on the final night of the session, but the governor also highlighted the defeat of HJR 4 by Kacal/Huffman and HB 20 by Murr/Huffman as reasons for calling an upcoming special session. The big questions now are, When will it be called? And what else will be on the call?

Everyone already expected a special session over redistricting to be called in October after the federal government’s release in late September of the required census data. Other issues are also likely to be added to that list, but if the legislature is to pass election reforms in time to be effective for the November 2 election—as well as a constitutional proposition on bail (such as HJR 4) to be placed on that ballot—those matters must be addressed sooner rather than later. As a result, we expect the governor to call the 87^th Legislature into a special session later this month.

And now you know why we NEVER make summer vacation plans in odd-numbered years.

New laws

As the dust settles, it appears that roughly 215 of the bills we tracked this session made it to the governor’s desk. That’s only 40 (15%) fewer than last session, despite all the additional headwinds faced by the Lege this year. We don’t know whether that’s impressive or depressing.

It will take us about a month to summarize all of the relevant new laws for our Legislative Update book and related publications (pre-orders can be placed here), but while most new laws don’t take effect until September 1, 2021, a few take effect immediately upon being signed. Here are some of the “immediate effect” bills that have already been signed into law:

• HB 54 by Talarico/Whitmire banning law enforcement participation in reality TV policing shows (effective May 26, 2021)
• HB 1024 by Geren/Hancock authorizing alcohol-to-go for off-premises consumption (eff. May 12)
• HB 2536 by Krause/Buckingham narrowing “neglect” circumstances in CPS cases (eff. May 15)
• SB 315 by Huffman/Hunter applying the Employment Harmful to Children offense to anyone under 21 years of age (eff. May 24)
• SB 1093 by Creighton/Metcalf relating to regional veterans treatment court programs (eff. May 28)

Curious about any other bills or issues? Contact Shannon with a bill number or issue and he’ll let you know what happened to it.

The final hurdle

Bills on their way to the governor’s desk after successfully running the legislative gauntlet before sine die include:

• HB 385 by Pacheco/Hughes (probation reforms)
• HB 686 by Moody/Lucio (early parole for violent youthful offenders)
• HB 1925 by Capriglione/Buckingham (public camping ban)
• HB 3774 by Leach/Huffman (omnibus court creation bill)
• SB 69 by Miles/White (choke holds and excessive force)
• SB 111 by West/Collier (law enforcement discovery duties)
• SB 112 by West/Harless (mobile tracking devices and location data)
• SB 281 by Hinojosa/Lucio III (forensic hypnosis)
• SB 321 by Huffman/Bonnen (ERS cash benefit plans)
• SB 1827 by Huffman/Holland (opioid abatement account and settlements)
• SB 2212 by West/Thompson (officer’s duty to render aid to injured person)

If you know of a bill sent to the governor that you still want to support or oppose before it becomes law, contact Shannon for more details on how to do that effectively. The governor has 20 days after sine die to consider whether to sign or veto bills passed in the final 10 days of a session—which is the vast majority of them. This session, that veto deadline falls on Sunday, June 20 (Father’s Day). To date, Governor Abbott has vetoed just one bill sent to him this session, but more are sure to follow. We’ll follow up later this week with more information about a couple of bills on the governor’s plate that may interest some of you in that regard—including one that both prosecutors and defense lawyers may have concerns about.

Legislative Update CLEs

A confluence of events put into motion by the COVID-19 pandemic has resulted in a change to our normal summer tour of Legislative Updates around the state. For the first time, TDCAA will be offering our popular Legislative Update course online this summer and fall. Although we will miss seeing many of you in person, moving the program online will allow greater flexibility for those of you whose courthouses are springing back to life. And for anyone who prefers in-person training, we intend to offer at least one live presentation on Tuesday, September 21, in Galveston in conjunction with our Annual Criminal & Civil Law Conference, and maybe others after that (depending upon the special session situation.) Stay tuned for more details on all these events in the future!

Scattershooting

Some articles that you might find interesting:

• “Democrats’ defeat of Texas voting bill adds an asterisk to Republicans’ ‘most conservative’ legislative session” (Texas Tribune)
• “Gun rights in Texas see major expansion as Legislature rejects bills to address gun violence” (Dallas Morning News)
• “GOP priority bail bill dies in Texas House after Democrats walk out on voting bill” (Texas Tribune)
• With feelings raw over voting bill’s demise, Texas Legislature wraps up—for now” (Texas Tribune)

Quotes of the Week

“Ensuring the integrity of our elections and reforming a broken bail system remain emergencies in Texas. Legislators will be expected to have worked out the details when they arrive at the Capitol for the special session.”
            —Governor Greg Abbott (R), after House Democrats broke quorum and defeated both measures before sine die.

“I’d normally say I’ll see you in 18 months, but I might see you in 18 days or so.”
            —Lt. Governor Dan Patrick (R), as he gaveled out the Senate to adjourn sine die.

###

Well, it wouldn’t be an end of a regular session without bills dying, legislators crying, and everyone who is ready to leave town being threatened with a special session. Some things never change.

COVID-19 update

As we told you last Friday, the governor issued Executive Order GA-36 to prohibit cities, counties, and related governmental entities and officials from mandating face coverings, but that wouldn’t necessarily apply to the courts. And sure enough, on Wednesday the Texas Supreme Court issued its own guidance in the form of its 38^th Emergency Order, which basically maintains the status quo in the courts through August 1, 2021. That includes requiring face masks or other measures designed to ensure everyone feels safe enough to attend court in whatever capacity brings them there.

For more on these instructions for the judicial branch, visit the Office of Court Administration’s Court Coronavirus Information webpage.

Final deadlines

The 87^th Regular Session will adjourn sine die (“without day” for reconvening) at some point on Monday, May 31, but all bills passed by both chambers must be agreed to by midnight on Sunday, May 30, or the bill dies—even if they passed both houses in different forms earlier. That’s what legislators will be doing the next 72 hours: haggling over different language, reaching compromises behind closed doors, and drafting compromise language that sounds good to the negotiators (but without further vetting). As a result, our schedule this weekend will be sporadic and somewhat boring—at least until a conference committee report containing a Very Bad Idea™ becomes public, at which point you may be getting a legislative alert from us while you’re on the lake or grilling out for the holiday weekend. We apologize in advance for ruining your weekend if that happens.

Budget is done and dusted

The House and Senate have passed SB 1 by Nelson/Bonnen, the state’s budget for the FY 2022–2023 biennium. It wasn’t long ago that most agencies were asked to fade at least a five-percent reduction in spending, but thanks to the recovering economy and the federal government’s printing presses, budget writers ended up virtually awash in money by the end of session. In fact, this final state budget ended up 5.5 percent higher than the current budget. With that additional boost, the budget writers were able to fully fund the public education investments made last session, increase contributions to the Teacher Retirement System, increase funding for higher education, and provide additional funds to lower CPS caseloads for its caseworkers. Significantly, this budget also provides an additional $30 million for new rural and urban community mental health beds and an additional $86 million for new state mental health hospital beds. Finally, we are happy to report that the items relating to prosecutor office funding—elected felony prosecutor salaries, county attorney supplements, district attorney apportionment funding, and assistant prosecutor longevity pay—were all fully funded.

For a more detailed breakdown of this new budget, check out this update from our friends at TAC.

Still to be determined sometime during the interim will be how Texas should spend an additional $16 billion coming to the state from the American Rescue Plan Act. The governor has given assurances that he will add that to the call of the special session on redistricting to be held sometime this fall, so we’ll be back at our duty station in October (or so) to keep you posted as that develops.

New laws

Among the bills we are tracking that have become law are:

• HB 54 by Talarico/Whitmire banning participation in reality TV policing shows (effective May 26, 2021)
• SB 315 by Huffman/Hunter applying the Employment Harmful to Children offense to anyone under 21 years of age (effective May 24, 2021).

The final hurdle

Bills that have successfully run the legislative gamut and are on their way to the governor include:

• HB 9 by Klick/Campbell (highway obstruction enhancements)
• HB 368 by Sherman/West (alias address on prosecutor’s driver’s license)
• HB 375 by Smith/Zaffirini (continuous sexual abuse of a disabled individual)
• HB 558 by White/Hall (mandatory blood draws in intoxication offenses)
• HB 766 by Harless/Kolkhorst (entry of bond conditions into TCIC)
• HB 929 by Sherman/West (body cam policies)
• HB 1172 by Howard/Zaffirini (rights of sexual assault victims)
• HB 1403 by A. Johnson/Huffman (stacking of sentences)
• HB 1927 by Schaefer/Schwertner (permitless carry)
• HB 2448 by Canales/Hinojosa (discharge of surety following immigration detention)
• SB 282 by Alvarado/Meyer (ban on settling sexual harassment claims with public funds)
• SB 476 by Nelson/Stucky (county sexual assault response teams)
• SB 576 by Hinojosa/Lozano (smuggling of persons)
• SB 1458 by Zaffirini/Neave (standardized protective order forms)

If you know of a bill sent to the governor that you still want to support or oppose before it becomes law, contact Shannon for more details on how to do that effectively.

Bills awaiting concurrence/conference

When one chamber makes changes to a bill from the other chamber before approving it, the bill must be returned to the original chamber to concur with those changes or refuse to concur and go to a conference committee to hash out the differences before midnight on Sunday, May 30. Bills currently at that stage include:

• HJR 4 by Kacal/Huffman (preventive detention)
• HB 20 by Murr/Huffman (bail bond reform)
• HB 385 by Pacheco/Hughes (probation reforms)
• *HB 492 by Wu/West (limits on no-knock warrants)(*we had marked this as “dead” in last week’s update, with the caveat that nothing is ever truly dead until May 31—consider this your case in point!)
• HB 686 by Moody/Lucio (early consideration of parole release for youthful violent offenders)
• HB 1900 by Goldman/Huffman (limits on defunding municipal law enforcement agencies)
• HB 1925 by Capriglione/Buckingham (public camping ban)
• HB 2593 by Moody/N. Johnson (THC edibles)
• HB 3774 by Leach/Huffman (omnibus court creation bill)
• SB 23 by Huffman/Oliverson (limits on defunding county law enforcement agencies)
• SB 49 by Zaffirini/Murr (procedures for defendants with mental illness/intellectual disability)
• SB 68 by Miles/Reynolds (excessive force)
• SB 69 by Miles/White (choke holds)
• SB 111 by West/Collier (law enforcement discovery duties)
• SB 112 by West/Harless (mobile tracking devices and location data)
• SB 281 by Hinojosa/Lucio III (forensic hypnosis)
• SB 321 by Huffman/Bonnen (ERS cash benefit plans)
• SB 1827 by Huffman/Holland (opioid abatement account and settlements)
• SB 2212 by West/Thompson (officer’s duty to render aid to injured person)

Conference committees do not take testimony on their bills, but the members (known as “conferees”) may accept input individually. If you want to have a say in their final product, you can find the conferees for each bill by clicking on the bill links above and reaching out to them on your own, but you might want to check with Shannon or Rob first to get the inside scoop.

Scattershooting

Here are some articles we read this week that you might find interesting:

• “Where do Texas Democrats and Republicans really come together? Dog bills.” (Houston Chronicle)
• “Inside the Texas Capitol date rape drugging case that wasn’t” (Houston Chronicle)
• “‘Big Candy’ is angry” (New York Times)
• Texas lawmakers react to potential special session after conservative bills miss deadline” (Spectrum News)

Quotes of the Week

“It’s just the reality of the solution, you know. When you make big, overarching statements that we’re going to defund or abolish and dismantle the police department and get rid of all the officers, there’s an impact to that. Do we need massive change? Yes, we do. We need accountability and culture shift within our department, and we need police.”
            —Jacob Frey, mayor of Minneapolis, MN, which has seen a steady surge of gun violence after the city’s failed experimentation with de-policing in the wake of George Floyd’s murder.

“I don’t think anyone conceptualized what would happen when … industry and science and business and the motivation of profit come into the state of Washington. All of a sudden, a few years later, your shelves are stocked with these oils that are 99 percent THC.”
            —Washington State Rep. Lauren Davis (D), who supports legislation to cap THC potency in cannabis concentrate products such as oils, wax, and shatter.

“Asking @GregAbbott_TX to call a June #SpecialSession today to pass #SB29 to save girls sports, #SB10 to end taxpayer funded lobbying and #SB12 to stop social media censorship. The TxHouse killed these conservative bills that majority of Texans in both parties support. #txlege”
            —Tweet by Lt. Governor Dan Patrick (R), after the House’s Tuesday night deadline killed several of his priority bills this session.

“That’s pretty goofy. Not only am I the only one with the authority to call a special session; I get to decide when and I get to decide what will be on that special session.”
            —Governor Greg Abbott (R), when asked about the lieutenant governor’s public demands for a special session.

###

The only good thing about working a full day on both Saturday and Sunday is that Monday feels more like a Wednesday than a Monday. (But boy howdy, are we going to be disappointed when the real Wednesday arrives and it’s not Friday!)

Bail reform

The Senate passed HB 20 by Murr/Huffman back to the House after substituting the Senate’s preferred language from SB 21 by Huffman into HB 20. That bill now returns to the House, which will almost certainly refuse to accept those changes and ask for a conference committee to iron out the two chambers’ differences behind closed doors.

The Senate also passed HJR 4 by Kacal/Huffman—which would amend the state constitution to allow judges to deny bail to certain offenders—but only after making some controversial changes. The joint resolution was further watered down to get the support of two-thirds of the Senate (which is required for passage of a joint resolution to amend the state constitution), but in doing so, some confusing language was added by floor amendment. Both bills will now go to conference committee to hash out the differences in each measure, and who knows what that will look like.

If this issue is important to you and you want more information on how to get involved, contact Shannon.

Permitless carry

The grand compromise over permitless carry has been reached. The conference committee report for HB 1927 by Schaefer/Schwertner is available here (as a PDF). The House approved the final version by an 82–62 vote just before midnight last night, and the Senate will get its chance to follow suit tonight or tomorrow.

When signed by the governor—and yes, he’s going to sign it quicker than you can say “Don’t you know I’m being primaried?”—the bill will legalize the carrying of handguns without a license in most public places by those 21 years old or older who aren’t otherwise disqualified from possessing a firearm due to their criminal history or family violence situation. However, there are a lot—and we mean A LOT—of interesting angles to the bill that we will cover in full after the dust has settled on this session.

Final floor calendars

Most Senate bills must make it to second reading on the floor by Tuesday at midnight or they are dead in the House. Those still kicking include (in order of appearance on calendar):

Monday, May 24

• SB 10 by Bettencourt/Paddie (limits on some local gov’t lobbying activities)
• SB 69 by Miles/White (limiting choke holds by peace officers)

Tuesday, May 25

• SB 321 by Huffman/Bonnen (ERS cash benefit plans)
• SB 576 by Hinojosa/Lozano (human smuggling)
• SB 1495 by Huffman/Turner (street blocking for racing, etc.)
• SB 68 by Miles/Reynolds (officer duty to intervene in/report uses of excessive force)
• SB 768 by Huffman/A. Johnson (fentanyl enhancements)
• SB 912 by Buckingham/Slawson (riot enhancements)
• SB 568 by Huffman/Wu (failure to report child sex crimes)

Wednesday, May 26

Beyond Tuesday’s deadline, the House can still pass certain Senate bills on its final Local & Consent Calendar on Wednesday; among the bills on that calendar are:

• SB 111 by West/Collier (law enforcement discovery duties)
• SB 615 by Zaffirini/Leach (probate and guardianship proceedings)
• SB 1458 by Zaffirini/Neave (standardized protective order forms)

Across the rotunda, House bills must be finally passed by the Senate by Wednesday night or they are dead. Among those already calendared for possible consideration are:

• HB 385 by Pacheco/Hughes (probation reforms)
• HB 624 by Shine/Campbell (retaliation enhancement for certain property crimes)
• HB 686 by Moody/Lucio (accelerating parole consideration for certain youthful offenders)
• HB 929 by Sherman/West (body-worn camera policies)
• HB 1694 by Raney/Schwertner (Good Samaritan defense to certain drug crimes)
• HB 1900 by Goldman/Huffman (ban on certain cities defunding their police force)
• HB 2366 by Buckley/Hughes (enhancements for crimes against peace officers)
• HB 2462 by Neave/Paxton (forensic sexual assault exams)
• HB 2555 by Neave/Paxton (sexual assault exam tracking system)
• HB 2622 by Holland/Hall (barring enforcement of federal firearms laws)
• HB 2781 by A. Johnson/Whitmire (mass shooting enhancement for aggravated assault)
• HB 3379 by Leman/Kolkhorst (narrowing offense for failure to report child abuse)
• HB 4293 by Hinojosa/Zaffirini (court reminder program for defendants)
• HB 4295 by K. Bell/N. Johnson (confidentiality of autopsy report)

More bills will be added to the Senate’s calendars tonight and tomorrow night, so if you are following a particular House bill in the Senate, keep checking the legislature’s website for the latest news.

More scattershooting

Here are some interesting articles we read this weekend:

• “Jail releases then murders. Cases show struggle to balance public safety and bail reform.” (Austin American-Statesman)
• “A year after George Floyd’s death, dismay over failure to approve comprehensive police reform in Texas” (Dallas Morning News)
• “Murders are rising the most in a few isolated precincts of major cities (Wall Street Journal)
• “In a rare show of accountability, a Texas attorney has surrendered his license” (Texas Observer)

More “Quotes of the Week”

“Ultimately this bill restores a right to Texans that, to my knowledge, has not existed [since] 1871.”
            —State Rep. Schaefer (R-Tyler), author of HB 1927 (permitless carry), moments before the final version was approved by the House.

“We are making progress. I wish we could say we were doing more in police reform, criminal justice reform, and social justice reform. It seems that this legislative body does not have the appetite for being too progressive in those areas, even after George Floyd’s murder.”
            —State Rep. Carl Sherman (D-Desoto), as quoted in an article reviewing the fate of criminal justice reform legislation this session.

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Ten days. That’s all that’s left of the 87^th Regular Session. But oh, what a 10 days they are shaping up to be!

COVID-19 update

It’s been a while since we had something to report on the pandemic front, but perhaps we are going to start this session the way we ended it: talking about COVID-19.

This week Governor Abbott issued Executive Order GA-36 to prohibit cities, counties, and related governmental entities and officials from mandating face coverings (with exceptions for facilities such as county jails and state prisons). The order takes effect this Saturday, May 22 (except for public schools) and is enforceable by a fine of up to $1,000 for any local entity or official who violates it.

We’ll spare you any legal analysis of whether the governor can or cannot do this—who knows?—but we will point out that this may force the hands of the Texas Supreme Court, whose current emergency order expires on June 1, 2021, to address this issue soon. (Probably right after we send out this update, knowing our luck!) It will be interesting to see whether the judicial branch leadership addresses the issue in a manner different from the executive branch and which will claim priority in your local courthouses, but ultimately, any enforcement of a criminal sanction could be up to your discretion. So good luck with that!

We now return you to our regularly-scheduled programming—which has turned into a telenovela this week!

Drama

The difference between the House and Senate’s respective prioritization of some criminal justice reform bills boiled over this week and became one of several stated reasons why the House stopped work on Thursday for two days, which could result in several hundred Senate bills not being passed before Tuesday’s deadline in the lower chamber. As with many things at the legislature, the Senate’s rejection of various criminal justice-related House bills may be a good reason for such a protest, but it isn’t necessarily the real reason. There are many other issues at play here, so don’t be misled into thinking this is only—or even primarily—about criminal justice reform. However, it does serve as another data point supporting what we’ve been telling you all session: The two chambers are far apart in their prioritization of many issues that could impact your work, and that probably won’t change in the waning days of this session.

More deadlines

For a list of the final bill deadlines that are about to kick in, see this recent post from the Legislative Reference Library. The main ones to note are Tuesday night (for Senate bills in the House) and Wednesday night (for House bills in the Senate). Until then, nothing is truly dead.

New laws

The first of hundreds upon hundreds (upon HUNDREDS) of bills that will become law this session are now being signed by Governor Abbott. Among the bills we are tracking that have become law are:

• HB 567 by Frank/Hughes limiting CPS intervention in alleged child abuse/neglect cases
• HB 2536 by Krause/Buckingham narrowing the definition of neglect in alleged child abuse/neglect cases (eff. May 15, 2021)
• SJR 47 by Huffman/Landgraf changing the eligibility requirements for certain judicial offices (on the ballot November 2, 2021)

The default effective date for new laws is September 1, 2021, but some measures—like HB 2536—become effective upon signing, and others—like SJR 47—must be approved by voters before taking effect. We’ll try to note those exceptions to the general rule when applicable.

The final hurdle

Bills that have successfully run the legislative gamut and are on their way to the governor include:

• HB 1071 by Harris/Whitmire (use of dogs in certain court proceedings)
• SB 162 by Blanco/Geren (criminal penalty for lying on gun purchase documents)
• SB 530 by Huffman/Cole (internet harassment)
• SB 1354 by Miles/Collier (injury of elderly individual by omission)
• SCR 7 by Springer/Spiller designating the Bowie knife as the official state knife of Texas

If you know of a bill sent to the governor that you still want to support or oppose before it becomes law, contact Shannon for more details on how to do that effectively.

Bills in conference

When one chamber makes changes to a bill from the other chamber before approving it, the bill must be returned to the original chamber to concur with those changes or refuse to concur and go to a conference committee to hash out the differences. Bills currently “in conference” include:

• HB 1927 by Schaefer/Schwertner (permitless carry)
• SB 7 by Hughes/Cain (omnibus election fraud)
• SB 295 by Perry/Minjarez (sexual assault counselor privilege)

Conference committees do not take testimony on their bills, but the members (known as “conferees”) may accept input individually. If you want to have a say in their final product, you can find the conferees for each bill by clicking on the bill links above and reaching out to them on your own, but you might want to check with Shannon or Rob first to get the inside scoop.

What’s up with that?

As we near the end of the session, here is a quick update on some of the many, many bills we’ve been following for you all session:

HB 20 / HJR 4 / SB 21 (bail reform): Still up in the air.
HB 39 (protective orders): Passed Senate, returning to House for approval of changes.
HB 88 / SB 161 (George Floyd Act): Dead, but some parts of it are still alive as stand-alone bills.
HB 140 (death penalty ban for serious mental illness): Dead.
HB 148 (statute of limitations for aggravated assault): In House Local & Consent Calendars Committee.
HB 179 (grand jury “reform”): Dead.
HB 187 (subsequent writs by agreement): Voted down in Senate Criminal Justice Committee.
HB 217 (post-conviction DNA): Voted down in Senate Criminal Justice Committee.
HB 225 (subsequent writs for non-scientific evidence): Voted down in Senate Criminal Justice Committee.
HB 275 (subsequent writs for scientific evidence in punishment): Voted down in Senate Criminal Justice Committee.
HB 368 (alias DL address for prosecutors): Pending in Senate State Affairs Committee.
HB 385 (termination/revocation of probation): Passed Senate Criminal Justice Committee.
HB 441 (Class C punishment for POM < 1oz.): Dead.
HB 492 / SB 1544 (no-knock warrants): Dead.
HB 686 (“second looks” early parole): Voted from Senate Criminal Justice Committee as substituted.
HB 830 (banning arrests for traffic violations): Not heard in Senate Jurisprudence Committee.
HB 834 (corroboration of undercover officers): Not heard in Senate Jurisprudence Committee.
HB 970 (prosecutor data reporting): Dead.
HB 1293 / SB 698 (out-of-time new trial): Dead.
HB 1340 (limits on law of parties in death penalty): Not heard in Senate Jurisprudence Committee.
HB 1441 (innocent owner changes in forfeitures): Not heard in Senate Jurisprudence Committee.
HB 1717 / SB 1903 (employment actions over discovery violations): Dead.
HB 1925 (public camping ban): Passed Senate, returning to House for approval of changes.
HB 2162 (OAG conviction integrity unit): Dead.
HB 2335 (prosecutor liability for riot damage): Dead.
HB 2436 (diversion review panel): Dead.
HB 2448 (surety discharge upon immigration detention): Recommended for Senate Local & Uncontested Calendar.
HB 2593 (THC edible penalties): On Senate Intent Calendar.
HB 2631 (jailhouse informant procedures): Dead.
HB 3315 (mandatory pretrial diversion): Dead.
HB 3334 (statewide sentencing database): Dead.
HB 3363 (warrants for location information): Passed Senate Criminal Justice Committee.
HB 3586 (creating Texas Sentencing Commission): Dead.
HB 3611 / SB 690 (remote proceedings): Dead, but language continues on in HB 3774.
HB 3774 / SB 1530 (omnibus courts bill): The House bill is still alive in the Senate in substituted form.

SB 10 / SB 234 / SB 1879 / HB 749 (advocacy limits): House bill is dead; SB 1879 language was substituted into SB 10 and set on the House calendar for Monday.
SB 11 (appellate re-organization): Dead.
SB 23 / HB 1900 (ban on defunding metro PDs): Both versions are still alive.
SB 49 (mental illness/intellectual disability procedures): Returning to Senate for consideration of House changes.
SB 111 (LEA discovery duties): Recommended for House Local & Consent Calendar.
SB 252 (OAG prosecution of public officials): Dead.
SB 476 (mandatory sexual assault response teams): On next House Local & Consent Calendar.
SB 1508 (OAG election integrity division): Dead.
SB 1529 (appellate super-court): Dead.
SB 2212 (officer duty to render aid to injured person): Returning to Senate for consideration of House changes.

Whew! What a list—and that’s only a fraction of what is still in play with 10 days remaining in the session. (Nor does it include several important bills listed in the next two sections below.) Also, remember that the substance of any bill marked “dead” on this list could still re-appear between now and Wednesday evening as an amendment on another bill, so don’t yet give up or give in, as the case may be!

Floor calendars

Both chambers will meet once this weekend and then have marathon floor sessions Monday through Wednesday. On tap for debate on the House floor are the following bills:

Sunday, May 23

• SB 24 by Huffman/Bonnen (law enforcement hiring procedures)
• SB 1831 by Taylor/Thompson (human trafficking prevention at schools)
• SB 623 by Blanco/Minjarez (sexual assaults of/by Texas military forces members)
• SB 23 by Huffman/Oliverson (ban on defunding law enforcement agencies)
• SB 1164 by Campbell/Collier (consent in sexual assaults)
• SB 1827 by Huffman/Holland (opioid abatement account)
• SB 1047 by Seliger/Smithee (DWI blood search warrant execution)
• SB 335 by N. Johnson/Wu (toxicological evidence in DWI cases)
• SB 109 by West/Meyer (fraudulent securing of document execution)
• SB 112 by West/Harless (mobile tracking device applications)

Monday, May 24

• SB 10 by Bettencourt/Paddie (limits on advocacy by local governments)
• SB 30 by West/Leach (discriminatory deed language)
• SB 69 by Miles/White (limiting use of choke holds)

The Senate Intent Calendar for Saturday and next week is not yet available, but we will issue a supplement this weekend with more details if they become available.

Calendars Committee bills

The House has only three more floor calendars on which to pass Senate bills—Sunday, Monday, and Tuesday. Among the last of the Senate bills pending before the Calendars Committee for consideration by the full House are:

• SB 68 by Miles/Reynolds (duty to intervene/report use of excessive force)
• SB 321 by Huffman/Bonnen (ERS cash balance plans)
• SB 576 by Hinojosa/Lozano (human smuggling)
• SB 768 by Huffman/A. Johnson (fentanyl)
• SB 912 by Buckingham/Slawson (enhancing punishments for various riot-related crimes)

Remember, the Calendars Committee does not take additional testimony on bills sent to it from other committees; instead, its members take input on bills individually. If you know any members of that committee, don’t be shy about reaching out to them on bills as you see fit.

Scattershooting

Here are some articles we read this week that you might find interesting:

• “Four reasons the Texas ‘constitutional carry’ bill is in limbo” (Houston Chronicle)
• “Allocating $16 billion in coronavirus relief funds will be part of special legislative session in the fall” (Texas Tribune)
• “These two marijuana bills still have a chance to pass in the Texas Legislature” (Austin American-Statesman)

Quotes of the Week

“Things were way overblown. It’s very similar to the dot-com boom and then bust.”
            —Kyle Murray, vice-dean at the University of Alberta School of Business, commenting upon the unfulfilled promises of the Canadian marijuana industry.

“It’s a very unique law and it’s a very clever law. Planned Parenthood can’t go to court and sue Attorney General Paxton like they usually would because he has no role in enforcing the statute. They have to basically sit and wait to be sued.”
            —Josh Blackman, constitutional law professor at South Texas College of Law, on SB 8 by Hughes/Slawson, the anti-abortion “heartbeat” bill that is to be enforced by a new private cause of action rather than criminal prosecution or civil injunctions by the State.

“We’d like to be given reasons as to why these bills are dying based on policy. And when you can’t get those answers, can’t get hearings, can’t get votes, it’s frustrating.”
            —State Rep. Jeff Leach (R-Plano), explaining why he moved for the House to recess for two days this week in protest of the Senate failing to pass—or even consider—certain House bills.

“[W]hen [the kids] started questioning him, it seemed to have frustrated him because his main objective were [sic] to get to the next town, but I think … he just got frustrated with the questions and just told me to stop the bus and get off. ‘All y’all get off now.’”
            —Kenneth Corbin, school bus driver from South Carolina, explaining how his young students peppered an armed hijacker with so many questions that the man eventually ordered everyone off the bus so he could get to his destination in peace. [Don’t pretend you haven’t been there, parents! LOL]

“For the life of me, I do not understand why a piece of cloth has become a symbol of freedom and liberty in this state.”
            —State Rep. Drew Darby (R- San Angelo), after the House voted down (by one vote) an amendment to prohibit local officials from implementing mask mandates in future pandemics.

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Tired of getting legislative emails with mind-numbingly long lists of bills set for committee hearings? Well, have we got good news for you! This should be the final one.

Committee notice

Here it is, the last train out of Dodge City. The House bills listed below have to be heard in committee, voted favorably from that committee, and passed by the full Senate before midnight on Wednesday, May 26. It’s the only game left in town, so we’re just going to cut and paste the relevant bills from the official listing below; the text of each bill and related historical information is accessible by clicking the bill number.

Thursday, May 20

SENATE JURISPRUDENCE COMMITTEE – 9:00 a.m., 2E.20 (Betty King Committee Room)

Note that this list could be supplemented with further bills at any time.

If you want to weigh in on any of these bills, make your travel plans ASAP. After Thursday, public commentary on bills in either chamber will almost certainly be done for the session.

We’ll have another update on Friday with information on looming deadlines, what is and is not still alive, and more. Until then … stay dry!

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Two more weeks. We can do this.

Floor calendars

Bills up for consideration on the Senate floor Monday, May 17 and Tuesday, May 18 include:

• SB 1388 by Creighton relating to the unlawful disclosure of an autopsy photo
• SB 1741 by Birdwell increasing penalties for various conduct related to riots and protests
• HB 135 by Minjarez/Miles notifying child abuse suspects of their right to record a CPS interview
• HB 2106 by Perez/Zaffirini relating to payment card fraud
• HB 2112 by Metcalf/Springer removing “shoulder or belt” from Penal Code references to holsters

All the bills calendared for possible consideration on the Senate floor can be found here; the list changes daily, so check back for updates as needed. See Friday’s update for bills that will be debated on the House floor early next week.

Committee notices

Committees will hear bills on very short (if any) notice this week, with some committees meeting twice. Here’s what we know as of now:

Monday, May 17
Senate State Affairs – 9:00 a.m., Senate Chamber
HB 956 by Dutton allowing long knives in bars, amusement parks, and churches
HB 2593 by Moody creating a new (lower) penalty group for THC edibles, vapes, and concentrates
HB 2924 by Dutton limiting the grounds for involuntary termination of parental rights
HB 2926 by Parker relating to the reinstatement of parental rights
HB 3046 by Middleton prohibiting state and local officials from cooperating in certain federal acts

Tuesday, May 18
House State Affairs – 8:00 a.m., Capitol Extension Auditorium (E1.004)
SB 149 by Powell relating to unmanned aircraft over certain facilities
SB 576 by Hinojosa relating to the offense of smuggling of persons
SB 1254 by Hall creating an interstate compact on border security and immigration enforcement

Senate Criminal Justice – 8:30 a.m., E1.016
HB 9 by Klick increasing the penalty for obstructing a highway in certain circumstances
HB 80 by Jarvis Johnson authorizing discharge of certain JP/muni fines and costs through community service
HB 148 by Toth increasing the statute of limitations for aggravated assault and assault–family violence
HB 187 by Thompson authorizing subsequent writs with the consent of the prosecutor
HB 465 by Shaheen eliminating parole for certain human trafficking defendants convicted at trial
HB 686 by Moody granting retroactive early parole consideration to certain youthful violent/sex offenders
HB 787 by Allen removing certain conditions of community supervisions
HB 1172 by Howard granting sexual assault victims certain additional rights
HB 2366 by Buckley creating additional crimes for conduct that endangers peace officers
HB 2462 by Neave relating to forensic sexual assault examinations
HB 2555 by Neave relating to statewide tracking of sexual assault examinations
HB 2781 by A. Johnson creating an aggravated assault enhancement for mass shootings

Wednesday, May 19
House Judiciary & Civil Jurisprudence – 9:00 a.m., Room E2.014
SB 41 by Zaffirini relating to the consolidation and allocation of civil court costs

For a full agenda of all the bills to be heard at each meeting listed above, click the link in the committee’s name; the text of each individual bill will be accessible on that notice by clicking the bill number.

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Several thousand House bills died at midnight last night. It will take us some time to cull through the wreckage and tell you what is dead and what is still alive, but if you have a specific question about the status of a bill not mentioned here, text or email Shannon with the bill number and he’ll let you know.

New laws

The first of hundreds upon hundreds (upon HUNDREDS) of bills that will become law this session are now being signed by Governor Abbott. Among those we are tracking is:

• HB 1024 by Geren/Hancock allowing “alcohol to go” from bars and restaurants

The final hurdle

Bills that have successfully run the legislative gamut and are on their way to the governor include:

• HB 54 by Talarico/Whitmire barring law enforcement agencies from contracting with reality TV shows
• SB 315 by Huffman/Hunter increasing age restrictions for Employment Harmful to Minors
• SB 1373 by Zaffirini/White relating to criminal fines, fees, and court costs

We will try to keep you posted as more bills head to the governor, but that could eventually exceed 1,000 different pieces of legislation, so we will be judicious in our selection. If you learn of a bill sent to the governor on which you still want to weigh in for or against, contact Shannon for more details on how to do that effectively.

Bills in conference

When one chamber makes changes to a bill from the other chamber before approving it, the bill must be returned to the original chamber to concur with those changes or refuse to concur and go to a conference committee to hash out the differences. Bills currently “in conference” include:

• HB 1927 by Schaefer/Schwertner (permitless carry)
• SB 1 by Nelson/Bonnen (state budget)
• SB 295 by Perry/Minjarez (sexual assault counselor privilege)

Conference committees do not take testimony on their bills, but the members (known as “conferees”) may accept input individually. If you want to have a say in their final product, you can find the conferees for each bill by clicking on the bill links above and reaching out to them on your own, but you might want to check with Shannon or Rob first to get the inside scoop.

Status updates

Here are some developments from this week regarding other issues we have been following:

Advocacy limits: This morning the House State Affairs Committee voted out SB 10 by Bettencourt/Paddie, but only after substituting in a new version that is directed at outside lobbyists hired by counties and other local entities, not local government officials or their associations. In that form, the bill will now head to the Calendars Committee for further consideration.

Bail bond reform: Yesterday the Senate Jurisprudence Committee approved a committee substitute version of HB 20 by Murr, the governor’s preferred bail bond reform legislation—but the committee’s new language for that bill was taken verbatim from SB 21 by Huffman, the Senate’s bail reform bill. Assuming this language passes the full Senate again, it will be sent back to the House to join the original version of that language (in the form of SB 21) which has been pending in lower chamber for four weeks without action. (If this were a tennis match, we’d say “the ball will soon be in the House’s court.”) Meanwhile, the House belatedly passed an amended version of HJR 4 by Kacal, which would amend the constitution to allow judges the discretion to deny bail in certain violent or sex crimes. That resolution is now pending before the Senate Jurisprudence Committee.

ERS changes: The House Appropriations Committee approved SB 321 by Huffman to end new enrollments in current ERS defined-benefits plans as of August 31, 2022, and launch “cash balance” plans in their place for all future ERS participants—including newly-elected felony prosecutors. The bill has been referred to the Calendars Committee for further consideration.

Policing reforms: In case you needed a reminder that the legislature is not going to pass any policing reform measures over the opposition of law enforcement advocates, both HB 1396 by White (peace officer misconduct reporting and related policies) and HB 1550 by Cyrier (TCOLE sunset bill) were pulled down and killed by their authors on Wednesday due to law enforcement opposition.

Remote court proceedings: HB 3611 by Leach was not reached on last night’s final House calendar, which means it is dead. However, the language in the bill was successfully amended onto HB 3774 by Leach (omnibus court creation and operations) before that bill was passed, so the House’s remote proceeding language now goes to the Senate, where the companion to the remote proceedings bill (SB 690 by Zaffirini) remains stuck in the State Affairs Committee.

Miscellany: HB 1071 by Harris/Whitmire (courthouse dogs) was amended to authorize the use of therapy dogs and to grandfather in current courthouse dogs before being approved and returned to the House for its consideration of those changes. #SaveBrady

Floor calendars

Senate floor calendars for next week have not been finalized, but the House gave notice of the following bills to be considered on its floor early next week (in order of appearance on the calendar):

Monday, May 17
SB 2212 by West/Thompson creating a duty for a peace officer to render aid for an injured person
HB 1354 by Miles/Collier relating to injury to a child/elderly/disabled person by omission

Tuesday, May 18
SJR 47 Huffman/Landgraf increasing eligibility requirements for certain judicial offices
SB 281 by Hinojosa/Lucio limiting the use of investigative hypnosis
SB 312 by Huffman/Smith enhancing the punishment for sexual activity with a person in custody

We will issue a supplement this weekend with more details when that becomes public.

Calendars Committee bills

From here on out, only Senate bills can be heard on the House floor. Among the SBs currently pending before the House Calendars Committee for consideration by the full House are:

• SB 24 by Huffman/Bonnen relating to transparency in peace officer hiring
• SB 30 by West/Leach to remove discriminatory restrictions from deed records
• SB 68 by Miles/Reynolds creating a duty for peace officers to intervene/report uses of excessive force
• SB 69 by Miles/White prohibiting choke holds during most searches/arrests
• SB 162 by Blanco/Geren criminalizing false or misleading statements to acquire a firearm
• SB 321 by Huffman/Bonnen to create cash balance ERS plans
• SB 343 by Kolkhorst/Harless to enter FV bond conditions into TCIC
• SB 623 by Blanco/Minjarez relating to sexual assaults by or of Texas military forces members
• SB 912 by Buckingham/Slawson enhancing punishments for various riot-related crimes
• SB 1047 by Seliger/Smithee expanding options for executing blood search warrants
• SB 1055 by Huffman/Reynolds criminalizing vehicle-pedestrian collisions in crosswalks

Remember, the Calendars Committee does not take additional testimony on bills sent to it from other committees; instead, its members take input on bills individually. If you know any members of that committee, don’t be shy about reaching out to them on bills as you see fit.

Committee notices

Next week will be the final week of committee hearings on bills. Notice will be spotty at best, but here are the relevant bill hearings we know of for next week:

Tuesday, May 18
House State Affairs – 8:00 a.m., Capitol Extension Auditorium (E1.004)
SB 149 by Powell relating to unmanned aircraft over certain facilities
SB 576 by Hinojosa relating to the offense of smuggling of persons
SB 1254 by Hall creating an interstate compact on border security and immigration enforcement

Wednesday, May 19
House Judiciary & Civil Jurisprudence – 9:00 a.m., Room E2.014
SB 41 by Zaffirini relating to the consolidation and allocation of civil court costs

We’ll update this over the weekend if any new information is released.

Scattershooting

Here are some articles we read this week that you might find interesting:

• “Texas gets $15.8B bonanza in pandemic aid, far more than it lost in revenue” (Dallas Morning News)
• “Texas House OKs bill that would curb the governor and local leaders’ power in a pandemic” (Dallas Morning News)
• “Texas GOP lawmakers compelled to dish red meat to primary electorate eager to avenge Trump” (Dallas Morning News)

We also wanted to recognize the updates by our friends at TAC, who have increased their coverage of bills that you might care about this session. To catch up on those updates, check out their Legislative News feed.

Quotes of the Week

“[While] in other disasters, the response is usually bottom-up—where local governments organize their response, and the state and federal government support them—the response to a pandemic will be top-down. This allows a unified, cohesive response.”
            —State Rep. Dustin Burrows (R-Lubbock), author of HB 3, which will make certain emergency powers of the governor and local officials subject to a legislative oversight committee during a future pandemic. [What could go wrong?]

“Members, I intend to pull this bill down. But I am committed to each of you that we will continue this conversation during the interim.”
            —State Rep. John Cyrier (R-Lockhart), right before he killed his HB 1550, the TCOLE sunset re-authorization bill, due in part to law enforcement opposition to the bill’s creation of a “blue-ribbon panel” to recommend greater regulation over certain aspects of policing.

“I’ve been on the floor where things melted down, where members were almost in a fist fight. We are very, very, very far from that—and that is a good thing.”
            —State Rep. Joe Moody (D-El Paso), on the mood in the House earlier this week as several bill-killing deadlines loomed.

“Absolutely. Speaker @DadePhelan and I have 10 great conferees on #HB1927 and we are very close to getting #2A Con Carry across the finish line—despite an avalanche of misinformation and just plain lies from outside agitators, we are on track for a big #2A win. #txlege”
            —Tweet on Thursday from the private Twitter account of Lt. Gov. Dan Patrick, who has been under increasing pressure from his political right over the issue of permitless carry.

“Look at the license plates. You’d think you’re in Texas.”
            —Fletcher Orie, commenting on the business patrons in downtown Trinidad (CO), as quoted in an article about the potential impact of New Mexico’s recent legalization of recreational marijuana on the thriving cannabis business being done in southeastern Colorado, much of which comes from Texas.

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Happy Mother’s Day!

Floor calendars

Bills up for debate on the House floor this week include (in order of consideration):

Monday, May 10

• HB 818 by Cole (online harassment)
• HB 3 by Burrows (revising state’s disaster act as it relates to pandemics)
• HB 1396 by White (police misconduct policies and procedures)
• HB 854 by Burns (lowering penalties for LTC w/ handgun at gov’t meeting, etc.)
• HB 225 by S. Thompson (subsequent writs based on non-scientific evidence)
• HB 3789 by Guillen (extending statute of limitations for tampering with a body)
• HB 1838 by M. Gonzalez (limitations on criminal street gang database)
• HB 3016 by Moody (prohibiting suspension of PC or CCP statutes during a disaster)
• HB 4212 by Moody (procedures relating to defendants with mental illness/IDD)
• HB 1156 by Thierry (lowering penalties for financial abuse of the elderly)
• HB 3598 by Leach (5yr mandatory minimum sentence for intoxication manslaughter)
• HB 4293 by Hinojosa (mandatory court reminder programs for criminal defendants)

Tuesday, May 11

• HB 1550 by Cyrier (TCOLE sunset re-authorization)
• HJR 4 by Kacal (constitutional amendment to allow denial of bail in certain cases)
• HB 1480 by Cyrier (creating new crimes for agricultural terrorism)
• HB 2147 by Allen (removing enhancement for repeat DWLI offenses)
• HB 2018 by Reynolds (criminalizing auto-pedestrian collisions in crosswalks)
• HB 2675 by Guillen (LTCs for persons at risk of becoming a victim)
• HB 3110 by Meyer (enhancing penalties for and renaming child pornography as “child sexual abuse material”)
• HB 3601 by Leach (automatic nondisclosure following certain misdemeanor deferred adjudications)
• HB 347 by Geren (“Lie to try” bill criminalizing false statement to obtain a firearm)
• HB 929 by Sherman (body-worn camera regulations)
• HB 140 by Rose (barring the death penalty for defendants with “serious mental illness”)

All the bills calendared for debate on the House floor can be found here.

The Senate Intent Calendar for the first part of this week includes the following bills that may be debated by the full Senate:

• HB 918 by Leman/Hughes authorizing LTCs for certain protective order applicants
• HB 1407 by Schaefer/Hughes relating to LTC holders carrying handguns in vehicles
• SB 295 by Perry/Minjarez creating an evidentiary privilege for sexual assault victim counselors

All the bills calendared for possible consideration on the Senate floor can be found here; the list changes daily, so check back for updates as needed.

Committee notices

Committees will hear bills on very short notice these final three weeks, but here’s what we know as of now:

Monday, May 10

Senate State Affairs – 1:00 p.m., Senate Chamber
HB 29 by Swanson/Hughes providing firearm storage for courthouse visitors
HB 2112 by Metcalf/Springer removing “shoulder or belt” from holster references in Penal Code

Wednesday, May 11

House Homeland Security & Public Safety – 8:00 a.m., E2.026
SB 112 by West relating to warrant requirements for mobile tracking devices
SB 181 by N. Johnson relaxing DL suspensions following certain convictions
SB 741 by Birdwell relating to school marshals carrying or storing firearms

For a full agenda of all the bills to be heard at each meeting listed above, please click the link in the committee’s name below; the text of each individual bill will be accessible on that notice by clicking the bill number.

More “Quotes of the Week”

“You’re next. I wouldn’t get involved in this.”
            —State Rep. Tom Craddick (R-Midland), overheard on the House floor warning Rep. Erin Zwiener (D-Driftwood) to stop messing with him as he objected to (and killed) a bill by Rep. Donna Howard, (D-Austin), who had done the same to one of his bills earlier that day.

“I look forward to seeing you in federal court, so please do not delete any emails.”
            —State Rep. Trey Martinez Fischer (D-San Antonio), to Rep. Briscoe Cain (R-Deer Park), the author of SB 7 (election fraud), during floor debates on that contentious issue this week.

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Three weeks to go. Inside the Big Pink Building, patience is ebbing, nerves are fraying, and tempers are flaring—all right on schedule. Not even COVID-19 can stop the Texas Legislature from #txlege-ing. Some things will never change.

Down to the lick log

A couple thousand House bills (other than a few bills of only local impact) are going to be dead by this time next week. Here’s why:

• A House bill not reported from a committee by Monday night (May 10) is procedurally dead.
• A House bill not approved on second reading by the full House before Thursday at midnight (May 13) is procedurally dead.

Or perhaps we should say “mostly dead,” because a bill may be dead but the language in that bill can be offered as an amendment to another bill on a similar subject still moving forward. So never say never, at least until they adjourn sine die and go home for good. But at least there will be fewer bills moving through the process for us to keep track of the final two weeks of session!

Permitless carry

The Senate passed HB 1927 by Schaefer/Schwertner and sent it back to the House yesterday. In short, HB 1927 would generally authorize adults who are at least 21 years old and not otherwise prohibited from possessing a firearm to carry a handgun in public without a license to carry (LTC). Penal Code §46.035 (Unlawful Carrying of Handgun by License Holder) would be repealed, but unlicensed carry at certain places would still be a crime, and the LTC program would be continued for the purposes of reciprocity privileges with other states that do not allow permitless carry.

Several Senate Republicans were reluctant to vote for permitless carry, especially those who rely on the support of independent swing voters in general elections. But by now it is clear that this has turned into a “primary election session”—in which red-meat issues hold sway—rather than a more ecumenical “general election session” as in 2019. Therefore, the bill was passed by an 18–13 party-line vote after being amended in a manner to make it more palatable for those Republican senators who had been on the fence. Those amendments include:

• increasing penalties for felons and family violence offenders who illegally carry;
• authorizing new, simpler signage for business owners who want to exclude the carrying of firearms on their property; and
• removing House provisions that would have expunged some old gun convictions and restricted officers’ ability to stop and question those carrying handguns.

The bill now returns to the House, which can either accept the Senate changes and send the bill to the governor or reject the changes and request appointment of a conference committee to work out those differences.

Policing reform

The official George Floyd Act (HB 88/SB 161) is dead—mostly because of its proposed limitations on peace officers’ qualified immunity and use of self-defense, but also because the namesake of the bill is controversial in some circles. As a result, supporters of the reforms in that bill have been passing the less controversial parts in piecemeal fashion. Here’s where those bills stand:

• SB 68 by Miles (duty to intervene and to report excessive force): Passed Senate, reported from House committee, eligible for passage by full House next week.
• SB 69 by Miles (choke hold limits): Passed Senate, reported from House committee, eligible for passage by full House next week.
• SB 2212 by West (duty to render aid): Passed Senate, reported from House committee, eligible for passage by full House next week.
• HB 829 by S. Thompson (progressive disciplinary matrix for peace officers): Passed House, awaiting referral to committee in Senate.
• HB 830 by S. Thompson (no arrest for fine-only traffic offenses): Passed House, awaiting referral to committee in Senate.
• HB 834 by S. Thompson (corroboration of undercover narcotics officers): Passed House, awaiting referral to committee in Senate.
• HB 1396 by White (mandatory policies and procedures for citations, cite-and-release, no-knock warrants, use of force, and more): On the House calendar for consideration by the full House later today.

As you can see from the status of these bills, those that started in the Senate are further along than their House counterparts. The Senate bills are expected to pass the House with ease, but the House bills could have a more difficult ride through the Senate.

Another policing reform bill to watch is HB 492 by Wu (no-knock warrants), which passed the House this week and is awaiting referral to a committee in the Senate. That bill imposes new requirements on the application and approval of a no-knock warrants that could unintentionally limit their availability in rural parts of the state; read the text of the engrossed version of the bill (see link above) to determine how it would impact your jurisdiction.

Status updates

Here are updates on other issues we have been following this session:

Bail bonds: Even though SB 21 by Huffman—the Senate’s preferred bail bond reform bill—is now in the House, the lower chamber declined to take it up and instead passed over to the Senate HB 20 by Murr (after amending it 10 times—read the “engrossed” version at the bill link if you want to see what the House version looks like). Each chamber’s preferred language is now pending in the other chamber, passing each other like ships in the night and presaging a stand-off reminiscent of the past few sessions in which bail bond reform legislation would pass one house but not the other. How this impasse will be resolved—or if it will be resolved—remains to be seen.

Death penalty: HB 1340 by Leach (excluding certain party defendants from the death penalty) passed the House this week. As approved by that chamber, the bill would exclude the application of the law of parties under Penal Code §7.02(b) to capital murder and replace it with a new type of co-conspirator party liability law involving a three-pronged test for co-conspirator cases limited to “major participants” who act with “reckless indifference to human life” resulting in a murder committed in furtherance of the original conspiracy. There was no real debate over the law—consistent with the passage of all House bills on the speaker’s “Smarter Justice Safer Texas” platform—and the bill was passed to the Senate for further consideration after being amended with a requirement that the Board of Pardons and Paroles review all death sentences involving the law of parties to identify “appropriate inmates” to recommend to the governor for clemency.

ERS changes: The House Appropriations Committee took testimony on SB 321 by Huffman (R-Houston) Monday. The bill—which we described in some detail in our Week 15 update—ends new enrollments in current ERS defined-benefits plans as of August 31, 2022, and launches “cash balance” plans in their place for all future ERS participants, including most elected felony prosecutors. The bill was favorably received by committee members but was opposed in testimony from the unions for state employees and correctional officers and was eventually left pending. Meanwhile, the House already passed HB 3397 by Murphy (R-Houston) over to the Senate to authorize the ERS Board of Trustees to pump hundreds of millions of dollars into the current defined benefit system, but that bill has yet to be referred to a Senate committee, which may not be a good omen.

Miscellany: If you use a “comfort” dog to help children or other witnesses testify, the Senate committee substitute version HB 1071 by Harris/Whitmire (court dogs) would limit that in the future to only certain specific “facility dogs” with special training; read the bill and contact Shannon if you think this will be a problem for you.

The final hurdle

Bills that have successfully run the legislative gamut and are on their way to the governor include:

• HB 567 by Frank/Hughes limiting CPS intervention in alleged child abuse/neglect cases
• HB 1024 by Geren/Hancock allowing “alcohol to go” from bars and restaurants
• HB 2536 by Krause/Buckingham excluding certain conduct from the definition of “neglect” in child removal actions
• HCR 90 by Rodriguez/Hughes honoring the Texas Chili Parlor in Austin

For those of you who don’t readily recall your Texas civics lessons, a bill sent to the governor can be signed into law, allowed to become law without his signature, or vetoed—and except for the state budget bill, a veto must be for an entire bill—there is no “line item” veto of only part of a bill in Texas. Due to the lateness of the session, those vetoes also cannot be overridden by the legislature, making them final.

We will try to keep you posted as more bills head to the governor, but that could eventually exceed 1,000 different pieces of legislation, so we will be judicious in our selection. If you see a bill on that list on which you want to weigh in for or against, contact Shannon for more details on how to do that effectively.

Floor calendars

House and Senate floor calendars for next week have not been finalized yet, so we will issue a supplement this weekend with more details when that becomes public.

Calendars Committee bills

The final House calendar for House bills must be published by 10:00 p.m. on Tuesday, May 11, so all eyes are on the Calendars Committee to see what it will put on those final few calendars. We are currently tracking 160 bills in that committee that are eligible for consideration by the full House. Bills sent to the Calendars Committee this past week include:

• HB 137 and HJR 10 by S. Thompson (judicial termination of a parole sentence)
• HB 140 by Rose (serious mental illness exemption from the death penalty)
• HB 169 by S. Thompson (reduction of various drug penalties)
• HB 836 by Dutton (notice requirement in resisting arrest charge)
• HB 929 by Sherman (Botham Jean Act)
• HB 1750 by Crockett (adding an element for self-defense)
• HB 2081 by Reynolds (criminalizing certain vehicle-pedestrian collisions)
• HB 2144 by Harris (limiting certain civil litigation filed by local governments)
• HB 2795 by S. Thompson (solicitation of prostitution)
• HB 3598 by Leach (mandatory minimum sentence for intoxication manslaughter)

To read the text or status of these or any other bill, visit the state legislature’s website and enter that HB or SB number in the appropriate search box. Remember, the Calendars Committee does not take additional testimony on bills sent to it from other committees; instead, its members take input on bills individually. If you know any members of that committee, don’t be shy about reaching out to them on bills as you see fit.

Committee notices

From here on out, notice of committee hearings will be limited. Bills that have had one public hearing in their house of origin may or may not get a second public hearing in the other chamber, leaving further public involvement in the process up to the discretion of each chairman. As of now, there are no relevant Monday hearings, but we’ll update that statement over the weekend with more information as (or if) it is released.

Scattershooting

Here are some articles we read this week that you might find interesting:

• “How voters see the issues legislators are deciding, according to the UT/TT Poll” (Texas Tribune)
• “The US saw significant crime rise across major cities in 2020. And it’s not letting up.” (CNN)
• “Bail bill backed by governor that would ban pre-trial release in some violent crimes passes Texas House” (Dallas Morning News)
• “Texas’ pandemic budget shortfall disappears, as latest forecast shows a surplus” (Texas Tribune)
• “Texas Lawyer Gets 15 Years for Scheme to Defraud Cocaine Traffickers” (New York Times)

Prosecutor rotation

Thanks to Kaufman County CDA Erleigh Wiley, Comal County CDA Jennifer Tharp, and the assistant prosecutors who came to Austin this week to support or oppose various pieces of legislation. If you want to see how the sausage is made, contact Shannon for details on how to get involved in Austin. There are only more weeks of committee hearings, and then it’s all over but the crying.

Quotes of the Week

“We are reacting to one case out of California and changing the law in Texas because of it, and we’re doing it in a way that does not sync up with what we’ve been doing for years on criminal justice reform.”
            —State Rep. Joe Moody (D-El Paso), arguing against passage of HB 9 by Klick (R-Fort Worth), which increases penalties for certain acts of obstructing a highway by protestors. (The bill passed anyway.)

“People still need to understand gun laws, gun ownership, proper storage, and proper handling of a firearm. I trust our citizens to exercise proper diligence in obtaining their proficiency in those areas.”
            —State Sen. Charles Schwertner (R-Georgetown), Senate sponsor of HB 1927 to authorize permitless carry of handguns.

“I had to take the COVID test, wait for the negative results, get tagged like a cow, [and] get a wristband put on before I could enter the building.”
            —State Agriculture Commissioner Sid Miller (R-Stephenville), testifying in a Travis County courtroom in support of his lawsuit challenging the State Senate’s current COVID-19 protocols. Miller—who once travelled to Oklahoma on the State’s dime in part to have an ex-felon administer a “Jesus shot” to him for chronic pain—declines to get vaccinated.

“Oh my G-d, the judge is a “f—ing idiot.”
            —Outburst by an insurance adjuster in California who was monitoring remote court proceedings in a civil insurance case, unaware that he could be heard by the judge and jurors.

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We continue to drink from the firehose of bill action alerts so that you don’t have to. Here’s what we’ve gleaned from the past 48 hours of activity.

Floor calendars

Bills up for debate on the House floor this week include (in order of consideration):

Monday, May 3

• HB 20 by Murr reforming bail bond practices
• HB 818 by Cole expanding harassment offense to include certain social media conduct
• HB 4240 by Raymond authorizing local ordinances for enforcing child custody orders
• HB 2702 by Landgraf relating to the statewide protective order registry
• HB 2505 by Smith criminalizing boating while intoxicated with child passenger
• HB 4505 by Meza limiting inquiries into a pregnant woman’s use of drugs

Tuesday, May 4

• HB 1340 by Leach limiting application of the death penalty to law of parties cases
• HB 2924 by Dutton limiting involuntary parent-child terminations by CPS
• HB 1509 by Murphy enhancing punishments for certain repeat misdemeanants
• HB 1193 by Wu relating to sealing certain juvenile records
• HB 246 by Murr relating to the prosecution of improper educator-student relationships
• HB 1374 by Minjarez creating an evidentiary privilege for sexual assault counselors
• HB 368 by Sherman authorizing alias addresses on prosecutors’ driver’s licenses
• HB 2308 by Gates relating to certain procedures in CPS actions

All the bills calendared for debate on the House floor can be found here.

The Senate Intent Calendar for the first part of this week includes the following bills that may be debated by the full Senate:

• SB 504 by Miles (fire marshal inspection of group homes and assisted living facilities)
• SB 508 by West (witness protection program)
• SB 1616 by Bettencourt (limiting local governments’ authority during disasters)

All the bills calendared for possible consideration on the Senate floor can be found here; the list changes daily, so check back for updates as needed.

Committee notices

Below are some relevant committee notices for bills to be heard later this week. For a full agenda of all the bills to be heard at each meeting listed below, please click the link in the committee’s name below; the text of each individual bill will be accessible on that notice by clicking the bill number. For Monday’s agenda, see our previous update.

Tuesday, May 4
Senate Criminal Justice – 8:30 a.m., Capitol Extension Hearing Room E1.016
HB 103 by Landgraf/Zaffirini establishing the Texas Active Shooter Alert System
HB 402 by Hernandez/Alvarado allowing the use of forfeiture funds to provide services to victims of human trafficking
HB 569 by Sanford/West increasing lay-out credits
HB 1071 by Harris/Whitmire regulating the use of courtroom therapy animals
HB 1401 by A. Johnson/Huffman authorizing electronic notice in certain juvenile matters
HB 1419 by Hull/Alvarado relating to use of the National Missing and Unidentified Persons System
SB 1388 by Creighton criminalizing the unlawful disclosure of autopsy photos and related images
SB 1486 by Hughes repealing local government’s authority to adopt juvenile curfews

House County Affairs – 10:30 a.m. or upon adj., E2.020
SB 476 by Nelson mandating the establishment of county sexual assault response teams

Wednesday, May 5

House Judiciary and Civil Jurisprudence – 8:00 a.m., E2.014
HJR 165 by Jetton granting the State Commission on Judicial Conduct more power over judicial candidates
SB 1458 by Zaffirini mandating standardized protective order forms and materials
SB 1923 by Zaffirini relating to criminal court costs, fines, and fees
SJR 47 by Huffman changing the constitutional eligibility for certain judicial offices

Thursday, May 6

House Homeland Security & Public Safety – 10:30 a.m. or upon adj., E2.010
SB 68 by Miles creating a duty for officers to intervene and report uses of excessive force
SB 912 by Buckingham increasing penalties for various riot-related conduct
SB 2212 by West creating a duty for officers to request and render aid to certain injured persons

More “Quotes of the Week”

“People today have a gummy bear, or a pen or a brownie or whatever. The way the law was written, all of those are automatically felony offenses, so a 17-year-old kid with a vape pen is now looking at … a second-degree felony.”
            —State Rep. Joe Moody (D-El Paso), explaining why the Republican-controlled House passed his HB 2593 to punish THC concentrate cases more like marijuana.

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