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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Only 31 days remain in this regular session, which means some bills are getting close to final passage while others are having dirt thrown over them. This last month will be a stressful one for anybody who gets emotionally invested in a particular piece of legislation.

Deadlines

The deadline for a House bill (other than a local bill) to be voted from the House on second reading is midnight on Thursday, May 13. But to be heard Thursday, a House bill must be on the final House calendar notice posted by 10:00 p.m. on Tuesday, May 11, so that’s your real deadline. Keep that in mind when placing your wagers.

Meanwhile, the Senate is known for playing fast and loose with its own rules, so Senate bills still have plenty of time to get moving.

“Smarter Justice, Safer Texas”, Part II

For the second week in a row, the House approved multiple criminal justice reform measures that are part of the House leadership’s “Smarter Justice, Safer Texas” platform, including:

• HB 385 by Pacheco (early termination from probation)
• HB 830 by S. Thompson (ban on Class C arrests)
• HB 859 by Collier (expunction of statutorily-decriminalized offenses)
• HB 1717 by S. Thompson (applying Michael Morton Act retroactively)
• HB 3712 by E. Thompson (peace officer training on public interactions)

Other criminal justice reform-related House bills that passed this week were:

• HB 441 by Zweiner (Class C POM < 1 oz, related changes)
• HB 829 by S. Thompson (progressive disciplinary matrix for peace officers)
• HB 834 by S. Thompson (corroboration of undercover narcotics officers)
• HB 842 by Moody (disclosure of criminal history records in criminal discovery)
• HB 956 by Dutton (long knives allowed in bars, churches, and amusement parks)
• HB 1535 by Klick (expansion of low-THC compassionate use program)
• HB 1757 by Krause (protection of civilians’ recordings of peace officers)
• HB 2539 by Moody (misdemeanor penalties for THC edibles and concentrates)
• HB 3233 by Moody (needle exchange program in metro counties)
• HB 3315 by Crockett (mandatory pretrial diversion for most 17yo offenders)

Now these bills head to the Senate, where the leadership in the upper chamber has taken a notably less eager approach to these issues so far.

Permitless carry

The wild perambulations of HB 1927 by Schaefer/Schwertner continue. Upon receipt from the House, Senate leadership referred the bill to a committee only to find that it lacked the votes for approval there. The bill was then re-routed to a new Senate committee created for the specific purpose of passing the bill. (As we said above, the Senate is not much of a stickler for abiding by its own rules.) That Select Committee on Constitutional Issues heard a day’s worth of testimony yesterday before approving HB 1927 on a 5–2, party-line vote.

The bill will be eligible for consideration on the Senate floor as soon as next week, where it will need 18 votes to be taken up for debate. Coincidentally, there are 18 Republican senators—but we have it on good authority that several of them are not keen on the bill. Whether they can withstand the political pressure about to come their way from their right flank remains to be seen.

State budget

The Senate refused to concur in the House changes to SB 1 by Nelson/Bonnen, so now that budget bill goes to conference. The Senate conferees are Sens. Nelson (R-Flower Mound), chair; Huffman (R-Houston), Kolkhorst (R-Brenham), Nichols (R-Jacksonville), and Taylor (R-Friendswood). The House conferees are Reps. Bonnen (R-Friendswood), chair; Capriglione (R-Southlake), M. Gonzalez (D-Clint), Walle (D-Houston), and Wilson (R-Marble Falls). Those 10 members will now disappear behind closed doors for the next three or four weeks to hash out differences between their two chambers’ versions of the budget, and when white smoke finally appears from the capitol chimney, we will have a new state budget for FY 2022–23.

American Rescue Plan (ARP)

For those of you wondering when the Feds will turn on the spigot and start drowning your counties in pandemic-promised funds, please note that counties must have a valid Data Universal Numbering System (DUNS) number and an active registration with the System for Award Management (SAM) database to receive payment. The U.S. Department of the Treasury has put together an overview covering what you need to know about SAM and getting a DUNS number if your county doesn’t have one already. Registration can take several weeks, so time is of the essence. ARP funds are slated to be direct-deposited to county accounts by mid-May and must be spent by December 31, 2024.

For more on this topic, check out TAC’s ARP webpage that is updated as they receive new information.

Status update

Here are some quick updates on issues we have been following this session (in no particular order):

ERS changes: The Senate passed SB 321 by Huffman (R-Houston), which ends new enrollments in current ERS defined-benefits plans as of August 31, 2022, and launches “cash balance” plans in its place for all future ERS participants. The bill—which we described in some detail in last Friday’s update—now heads to the House. Meanwhile, the lower chamber passed HB 3397 by Murphy (R-Houston) over to the Senate; unlike the Senate bill, the House proposal is to simply authorize the ERS Board of Trustees to pump hundreds of millions of dollars into the current defined benefit system. Which version—if any—prevails this session remains to be seen.

Remote court proceedings: The House Judiciary & Civil Jurisprudence Committee voted out a substitute version of HB 3611 by Leach (R-Plano) that requires the parties’ consent before any contested or evidentiary criminal proceeding can be done remotely. Meanwhile, the Senate companion—SB 690 by Zaffirini—remains stuck in Senate State Affairs.

Marijuana: The House passed HB 441 by Zweiner (D-Driftwood) (POM < 1 oz. = Class C), HB 1535 by Klick (R-Fort Worth) (medical marijuana expansion), and HB 2593 by Moody (D-El Paso) (THC edibles), but now they must run the same gauntlet in the Senate, where the lieutenant governor has been much less amenable to cannabis-related bills.

Bail bonds: The major bail reform bills are in a holding pattern until the Senate bill can catch up to the House’s version and be considered on the House floor, but meanwhile, HB 2448 by Canales (D-Edinburg) passed the House earlier this week. This bill would allow sureties to get off bonds if the offender is detained for immigration purposes—something that several prosecutors have expressed concerns about due to the potential for abuse. That bill now heads to the Senate.

Policing reforms: The House passed HB 829 by S. Thompson (progressive disciplinary matrix for peace officers), HB 830 by S. Thompson (ban on Class C arrests), and HB 834 by S. Thompson (corroboration of undercover narcotics officers), which are all stand-alone versions of parts of the George Floyd Act (HB 88/SB 161). The Senate passed SB 69 by Miles (D-Houston) to limit officers’ use of chokeholds, another stand-alone component of the George Floyd Act.

Prosecutorial discretion: House Bill 1925 by Capriglione (R-Southlake)—which would impose a statewide camping ban in public places and withhold certain state funds from prosecutors or law enforcement agencies who failed to enforce it—was tripped up by a point of order on the House floor and had to be sent back to committee to fix some errors; expect to see it back on the House calendar by next week. Meanwhile, HB 2622 by Holland (R-Rockwall) and SB 513 by Hall (R-Edgewood)—the so-called “Texas Firearms Protection Act” bills that bar local prosecutors, law enforcement officers, and other officials from enforcing or assisting anyone else enforcing federal firearms laws—passed out of their respective chambers this week. The remedy for a violation is either a loss of state funds (under the House version) or a Class B misdemeanor (in the Senate version). Each bill must now be considered by the other chamber.

Floor calendars

House and Senate floor calendars for early 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

We are currently tracking 124 bills in the House Calendars Committee that are eligible for consideration by the full House. Bills sent to the Calendars Committee this week include:

• HB 347 by Geren (new “lie to try” gun crime)
• HB 368 by Sherman (alias address for prosecutor driver’s licenses)
• HB 1178 by Crockett (repeals offense of possession of drug paraphernalia)
• HB1340 by Leach (law of parties limitation in death penalty cases)
• HB 1838 by M. Gonzalez (criminal street gang database limits)
• HB 2290 by S. Thompson (expanding defense of duress)
• HB 2505 by Smith (boating while intoxicated with child passenger)
• HB 2942 by Bernal (DTPA price gouging actions by local prosecutors)
• HB 2987 by Julie Johnson (indecent assault enhancement)
• HB 3016 by Moody (ban on suspension of criminal laws during disaster)
• HB 3334 by Turner (criminal justice sentencing database reporting duties)
• HB 4174 by Middleton (evidence disclosure to deceased victim’s family)

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

Monday’s relevant postings are below; we’ll supplement this list over the weekend with more information as it is released. 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.

Monday, May 3
Senate Jurisprudence – 9:00 a.m., Capitol Extension Hearing Room E1.028
SB 1741 by Birdwell enhancing various punishments relating to riots

House Criminal Jurisprudence – 1:00 p.m. or upon adj., Room E2.010
HB 2162 by Raymond creating a conviction integrity unit within the office of the attorney general
HB 3392 and HJR 135 by Moody authorizing a court to grant a commutation of punishment to certain individuals serving a term of imprisonment
HB 3586 by Sherman creating the Texas Sentencing Commission and collecting related data
SB 568 by Huffman relating to the criminal offense of failure to report certain sexual offenses committed against a child
SB 768 by Huffman increasing criminal penalties for manufacture or delivery of fentanyl
SB 1047 by Seliger relating to the execution of certain DWI blood search warrants
SB 1354 by Miles relating to the prosecution of the offense of injury to a child, elderly individual, or disabled individual by omission

Scattershooting

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

• “One simple trick works to help reduce violence in high-crime areas, studies show. So Dallas is trying it” (Dallas Morning News)
• “Allegation of sexual misconduct by lobbyist leads to another round of calls for reform in Texas Capitol” (The Texas Tribune)
• “Sunset bill giving TCOLE more power to police Texas police likely dead until 2023” (KXAN News)
• “‘Interaction is not happening’: Groups say access to Texas lawmakers more difficult during COVID-19” (Dallas Morning News)

Prosecutor rotation

Thanks to Comal County CDA Jennifer Tharp, Erath County DA Alan Nash, 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

“I am disgusted that this sort of predatory behavior is still taking place in and around our Capitol.”
            —House Speaker Dade Phelan (R-Beaumont), in a rare floor speech Monday in response to allegations that a lobbyist sexually assaulted a legislative staffer earlier this session. (However, DPS and the Travis County DA announced yesterday that no crime had been committed, leading to rampant rumors under the pink dome about what really happened.)

“There are not the votes in the Senate to pass a bill named after George Floyd. That’s unfortunate, but that’s the reality.”
            —State Sen. Royce West (D-Dallas), author of the Senate version of the George Floyd Act, noting that some in law enforcement object to any bill being named for someone with Mr. Floyd’s particular criminal record.

“As long as the Legislature continues to make positive steps forward and as long as we continue to prove that those steps were the right steps to make, then we’ll eventually get to the point where it’s a full medical market with no limitation on the THC, and the doctors would have the ability to treat anyone with any condition just based on their experience, knowledge, and know-how.”
            —Morris Denton, CEO of Texas Original Compassionate Cultivation, on the House’s passage this week of HB 1535 by Klick (R-Fort Worth), which would expand who qualifies for the state’s low-THC compassionate use program and re-define “low-THC” from 0.5% to 5.0% THC content.

“I support it, and I believe it should reach my desk, and we should have ‘constitutional carry’ in Texas.”
            —Gov. Greg Abbott (R-Houston), in a radio interview this week.

“This session is a weird one. Things that would’ve never seen the light of day any other session are just out there traipsing around in the sunlight right now.”
            —Anonymous observation about the 87^th Regular Session.

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Sadly, both a legislative staffer (March 27) and a legislator (April 23) have been arrested for DWI in the past four weeks, and now a female Senate staff member has made a sexual assault allegation against a lobbyist. This session can’t end soon enough.

Senate floor calendar

For the upcoming House calendar—including a dozen or so bills that impact prosecutors—see our Week 15 update from Friday.

The Senate Intent Calendar for the first part of this week includes the following bills that may be debated by the full Senate, including (for the first time) several House bills:

• HB 567 by Frank/Hughes limiting CPS intervention in alleged child neglect cases
• HB 1024 by Geren/Hancock authorizing “alcohol to go” sales
• SJR 47 by Huffman increasing the constitutional requirements for certain judges
• SB 69 by Miles banning chokeholds by peace officers in certain circumstances
• SB 112 by West relating to affidavits requesting mobile tracking devices
• SB 162 by Blanco relating to a false or misleading statement made to illegally acquire a firearm
• SB 321 by Huffman changing the benefit system for future ERS participants
• SB 508 by West providing confidentiality of information related to a witness protection program
• SB 912 by Buckingham increasing penalties for various riot-related crimes
• SB 1458 by Zaffirini creating statewide standards for protective orders forms, etc.
• SB 1508 by Creighton establishing an election integrity division at OAG
• SB 1879 by Bettencourt requiring local governments to report certain lobbying expenditures

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.

Wednesday, April 28

House Pensions/Investments/Financial Services – 8:00 a.m., E2.030
HB 2741 by Raymond granting up to two years of service credit in ERS’s elected class for prior military service

House Public Health – 8:00 a.m., JHR 140
HB 1678 by Raymond granting next of kin (and their lawyers) access to autopsy photos
HB 3917 by A. Johnson barring SANE kit evidence from being used to prosecute complainants for misdemeanor or drug offenses

Thursday, April 29

House Homeland Security & Public Safety – 10:30 a.m. or upon adj., E2.010
SB 343 by Kolkhorst relating to entering FV bond conditions into TCIC
SB 550 by Springer removing the “shoulder or belt” modifier for holster language in various gun offenses
HB 175 by Thierry limiting “citizen’s arrests”
HB 2844 by Goodwin relating to certain TCOLE discharges and disciplinary records

More “Quotes of the Week”

“Fortunately, no one was seriously injured. I know I have a problem and this incident serves as wake-up call for me. I am seeking treatment options to begin today.”
            —State Rep. Dan Huberty (R-Kingwood), in a Facebook post accepting responsibility for his recent driving while intoxicated arrest.

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Only 38 days remain in this regular session. Sleep is over-rated, right? Ain’t nobody got time for that. Onward through the (brain) fog.

“Smarter Justice, Safer Texas”

The House passed several criminal justice reform measures on Wednesday which are now part of the House leadership’s newly-announced “Smarter Justice, Safer Texas” platform. House Speaker Dade Phelan (R-Beaumont) revealed that platform on Wednesday morning in conjunction with Speaker Pro Tem Joe Moody (D-El Paso). Among the bills included in the Speaker’s new criminal justice reform package are the following (* = passed the House yesterday):

• HB 20 by Murr (bail bond reform)
• HJR 4 by Kacal (bail bond reform – constitutional amendment)
• *HB 252 by Moody (changing death penalty jury instructions)
• HB 385 by Pacheco (early termination from probation)
• HB 686 by Moody (retroactive early parole review for youthful violent offenders)
• HB 830 by S. Thompson (ban on Class C arrests)
• HB 859 by Collier (expunction of statutorily-repealed offenses)
• HB 1002 by Lucio III (ban on investigative hypnosis)
• *HB 1293 by Smithee (allowing out-of-time new trials)
• HB 1340 by Leach (limiting death penalty in law of parties cases)
• *HB 1441 by Schaefer (innocent owner defense to asset forfeiture)
• HB 1717 by S. Thompson (applying Michael Morton Act retroactively)

While it’s odd for something like this to be announced mid-session, it makes more sense when you realize it came the day after the conviction of former Minneapolis police officer Derek Chauvin for the murder of George Floyd last year.

The bills included in this list are in various stages of the legislative process right now, and the speaker said other House bills will be added to this new platform as the session continues, so expect the House to have at least one or two more “criminal justice reform” days on the floor before this session is over.

ERS changes coming?

As we reported back in Week 5 (“ERS Woes”), the Employee Retirement System is woefully underfunded and in need of a huge influx of cash to restore its stability. We told you then to watch SB 321 by Huffman (R-Houston), a shell bill that would morph into a solution—and metamorphose it did this week in the Senate Finance Committee, when a committee substitute was laid out to end new enrollments in the current defined-benefits plan as of August 31, 2021, and launch a “cash balance” plan in its place for all future ERS participants. Here are the main features of this proposed state retirement plan:

• All ERS members—employee and elected classes—will be enrolled in the new “cash balance plan” going forward (but the current system remains for those already enrolled)
• Upon retirement, an employees’ vested plan savings will be matched by the state at 150%
• Employees’ retirement contribution share will be reduced from 9.5% to 6% (resulting in slightly more take-home pay)
• State contributions will be increased from 7.4% to 9.5%
• The State will guarantee a 4% annual return and will split 50/50 any gains over 4% (up to a maximum employee return of 7%)
• Elected felony prosecutor vesting requirements remain the same
• Annuities will be amortized based on actuarial calculations of life expectancy
• The State will appropriate $510 million per year in additional funds to retire ERS’s unfunded debt by 2053 (and save $35 billion in interest by doing so)

We can already hear your sighs of relief upon learning that this change is prospective. As someone once said, “If you like your current plan, you can keep your plan.” And that’s good, because this new plan will almost certainly not be as valuable a benefit to future elected felony prosecutors as the existing plan you currently enjoy. That said, we are seeking more information from ERS on how this might play out for our future members, and Senator Huffman has expressed a willingness to make sure the new retirement plan addresses prosecutors’ unique needs. And before you say, “Let’s just jump over into the judicial retirement in JRS 2,” know that Senator Huffman intends to fold JRS Plan 2 into SB 321 as well, so there will be a lot of options in play these last few weeks of session as the judges get pulled into these negotiations as well.

What we could use here at TDCAA World Headquarters right now is input from members well-schooled in retirement plans, so if you know that person or you are that person, give Rob a call!

State budget

The House debated SB 1 by Nelson/Bonnen, the state budget, for more than 12 hours yesterday before finally approving it by a unanimous vote. Along the way, the lower chamber considered more than 175 amendments, but there were far fewer flash points and heated arguments than in past sessions, due in part to the prospect of more than $30 billion in federal pandemic-related aid headed their way later this year and next.

Now that SB 1 has been approved by both chambers in different forms, the bill will go to a conference committee where five senators and five representatives will hash out the differences behind closed doors. The secretive nature of those deliberations can lead to some nasty surprises at the end of a session when the agreed version is finally revealed, but as of now, all looks well in regard to prosecutor-related budget items.

Hot topics

Here are some quick updates on random legislative topics we have been following this session (in no particular order).

Post-pandemic court proceedings: While the House Judiciary & Civil Jurisprudence Committee waits on a new version of HB 3611 by Leach (R-Plano) to consider, the Senate State Affairs Committee took testimony yesterday on its companion, SB 690 by Zaffirini (D-Laredo), which we have mentioned before. A committee substitute version of that Senate bill was discussed, including changes to the original bill that would maintain judges’ authority to force remote proceedings on certain parties in certain cases, but exempt contested or evidentiary proceedings in jailable criminal offenses from that authority. (A copy of the proposed new language is available here.) As with the House hearing last week, judges appeared in support of the bill and lawyers were all over the map, but the Senate’s change to give the parties more say in criminal proceedings was encouraging. However, the chairman of the committee is a plaintiff’s lawyer, and the new version of the bill does not give the parties in civil cases the same opt-in ability that it gives to criminal practitioners, so the bill’s fate in his committee remains uncertain.

Guns: House Bill 1927 by Schaefer (R-Tyler), aka permitless carry or “constitutional carry,” is in the Senate but has not been heard in committee yet, and earlier in the week the lite guv announced that the bill lacked the votes to be heard on the Senate floor. That turned the pro-2A lobby’s sights onto him and various Republican senators, resulting in a kinder, gentler Senate version of the bill being filed by special permission as SB 2224 by Schwertner (R-Georgetown). That bill was then referred to one committee to circumvent some internal opponents of constitutional carry, but when it became clear the new Senate bill might also be dead in that committee, the Senate created an entirely new “Special Committee on Constitutional Issues” to which HB 1927 could be referred. To date, it is the only bill in that committee, whose members are: Schwertner (R-Georgetown), chair; Birdwell (R-Granbury), vice-chair; Buckingham (R-Lakeway), Creighton (R-Conroe), Hall (R-Edgewood), Hinojosa (D-McAllen), and Lucio, Jr. (D-Brownsville). The bill can get through that committee, so perhaps the contents of SB 2224 will be substituted into HB 1927 in an attempt to get some version of permitless carry to a conference committee.

Civil asset forfeiture: House Bill 1441 by Schaefer (R-Tyler)—which switches the burden to disprove the innocent owner defense to the State and increases that burden to clear and convincing evidence—passed the House with no real discussion or debate once it appeared on the Speaker’s list of preferred criminal justice reform bills earlier in the week. The bill now heads to the Senate for further consideration.

Policing reforms: The Senate passed SB 68 by Miles (R-Houston) creating a statutory duty for peace officers to intervene if they see other officers using excessive force. It also passed SB 2212 by West (D-Dallas) creating a duty for peace officers to render aid to injured suspects. Those are two stand-alone components of the George Floyd Act (HB 88/SB 161), which has yet to be approved by committees in either chamber due to law enforcement opposition to other aspects of those bills.

Prosecutorial discretion: House Bill 1925 by Capriglione (R-Southlake) is likely to be heard on the House floor early next week. In a thinly-veiled swipe at Austin, the bill creates a criminal offense for camping in certain public places. However, it also authorizes the attorney general to sue any local government, law enforcement agency, or elected prosecutor who “adopts or enforces a policy” that prohibits or discourages an employee from enforcing the new camping crime. In addition, the state may withhold grant funds from any local entity found by a court to have engaged in such conduct. If that is something that concerns you, contact Shannon for more information.

Floor calendars

The Senate has not released its Monday calendar as of the time this update was published, so we will issue a supplement this weekend with more details when that becomes public.

In the lower chamber, the House will consider numerous criminal justice issues on the floor this week, including these bills calendared for debate on Monday and Tuesday in this rough order (among other bills):

Monday, April 26
HB 1925 by Capriglione imposing a camping ban and mandating enforcement
HB 217 by S. Thompson expanding post-conviction DNA testing
HB 1783 by White raising the floor of juvenile jurisdiction to 13 years of age
HB 956 by Dutton allowing long knives in bars, churches, and amusement parks
HB 193 by Rose destroying juvenile court records of victims of sex trafficking
HB 3022 by Herrero allowing county courts at law to order expunctions
HB 2448 by Canales allowing sureties to discharge liability after immigration detentions
HB 2631 by Krause limiting use of in-custody and jailhouse informant testimony
HB 1005 by Leman increasing bond information and conditions in adult trafficking cases
HB 148 by Toth increasing limitations periods in certain assault cases

Tuesday, April 27
HB 9 by Klick increasing penalties for obstructing some highways
HB 20 by Murr, the bail bond reform proposal from the governor and chief justice
HB 2593 by Moody reducing penalties for marijuana edibles and other THC products
HB 2106 by Perez relating to payment card fraud
HB 2144 by Harris limiting public nuisance actions by local governments
HB 2315 by Turner relating to the forfeiture of vehicles used to illegally race

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.

Calendars Committee bills

House bills sent to the Calendars Committee this week for further consideration include:

• HB 441 by Zweiner (reducing marijuana penalties)
• HB 834 by S. Thompson (corroboration of undercover drug officers)
• HB 967 by Dutton (raising the age of juvenile jurisdiction)
• HB 1272 by Crockett (no-knock warrant limitations)
• HB 1717 by S. Thompson (civil cause of action for prosecutors fired over Brady disputes)
• HB 2485 by Herrero (exempting firefighters and peace officers from jury service)
• HB 3315 by Crockett (mandatory diversion of certain crimes by 17yo offenders)
• HB 4554 by Cain (designating Dr Pepper as the official state soft drink)

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 is the last call for House bills to be considered in committee and voted out before they fall victim to various end-of-session deadlines. Below are Monday’s relevant postings; we will issue a follow-up notice in a day or two with additional postings for later in the 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.

Monday, April 26

House Criminal Jurisprudence – 1:00 p.m. or upon adj., Room E2.010
HB 356 by Sherman relating to affidavits for mobile tracking devices
HB 446 by Allison increasing penalties for damaging public monuments
HB 497 by Wu refunding certain fees deducted from cash bonds
HB 838 by Jarvis Johnson relating to the law of parties in death penalty cases
HB 1156 by Thierry creating an offense of financial abuse of an elderly individual
HB 1306 by Swanson increasing penalties for assaulting a process server
HB 3323 by Murr increasing penalties for certain crimes against automated teller machines
HB 3926 by Hefner including temporary vehicle tags within the definition of a governmental record
HB 3934 by Slawson increasing penalties for certain aggravated assault cases

Scattershooting

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

• “Overhaul to Texas state employee pension plan unveiled and quickly advanced by state Senate committee” (The Texas Tribune)
• “El Paso lawmakers say promises to families of shooting victims have gone unfulfilled” (Dallas Morning News)
• “Bill that would crack down on using hypnosis in criminal investigations sails through Texas Senate” (Dallas Morning News)
• “If approved, this Texas bill would make it easier for county judges to qualify for a $25,000 salary boost” (Austin American-Statesman)
• “Police ask Tesla to drive in straight line, recite alphabet backwards after vehicle crashes into tree” (The Onion)

Prosecutor rotation

Thanks to Rockwall County CDA Kenda Culpepper 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 a few more weeks of committee hearings, and then after that, it’s all over but the crying.

Quotes of the Week

“If we have the votes to pass a permitless carry bill off the Senate floor, I will move it. At this point we don’t have the votes on the floor to pass it.”
            —Lt. Gov. Dan Patrick (R-Houston), in a statement Monday about the fate of HB 1927 by Schaefer (R-Tyler), the permitless carry bill that passed the House last week.

“Meaningful criminal justice reform demands bold and innovative ideas, and the time for action is now. After years of over-incarceration, we now realize that a compassionate, common sense approach to criminal justice can keep Texans safe, save lives, and save money.”
            —House Speaker Dade Phelan (R-Beaumont), in a press release announcing his “Smarter Justice, Safer Texas” initiative this session.

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It wouldn’t be a session without a white-knuckle debate over civil asset forfeiture on the House floor, would it? Read on for details about that and other news that broke after our Friday update went out yesterday.

Floor calendar update

The House Calendars Committee added to the list of bills to be considered by the full House next week, including these “criminal justice reform” bills that will be debated and voted upon on Wednesday (in this rough order):

• HB 8 by Pacheco relating to peace officer employment history information
• HB 275 by Moody expanding subsequent scientific writs to punishment issues
• HB 1002 by Lucio III barring the use of investigative hypnosis
• HB 1293 by Smithee permitting out-of-time new trials with a prosecutor’s consent
• HB 252 by Moody revising instructions for special issues in death penalty cases
• HB 295 by Murr relating to funding for indigent defense services
• HB 1441 by Schaefer shifting to the State the burden in civil asset forfeiture cases to disprove an innocent owner defense and raising that burden to clear and convincing evidence

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

Calendars Committee bills

House bills that were voted out of committee and sent to the Calendars Committee this week for possible debate on the House floor include:

• HB 217 by S. Thompson (postconviction DNA testing)
• HB 834 by S. Thompson (corroboration of undercover drug cops)
• HB 1005 by Leman (bond conditions for trafficking of adult victims)
• HB 1717 by S. Thompson (employment lawsuits for firings related to Brady disclosures)
• HB 2335 by Middleton (prosecutor removal from office)
• HB 2448 by Canales (bail bond surety discharge after immigration detention)
• HB 2593 by Moody (lowering penalties for THC edibles, concentrates, etc.)
• HB 2631 by Krause (limiting use of jailhouse informants)
• HB 3022 by Herrero (expunctions by statutory county courts)
• HB 3295 by S. Thompson (DTPA actions against massage parlors by local prosecutors)
• HB 4422 by T. King (AG opinion requests by a county’s outside counsel).

Remember, when deciding what bills get debated by the full House, the Calendars Committee does not take additional testimony on bills sent to it from other committees, but its members do take input on bills individually. Therefore, if you know any members of that committee, reach out to them and provide input on bills as you see fit.

Committee notices

Below are some relevant committee notices for bills to be heard Tuesday and Wednesday. For Monday’s agenda, see our previous update, and 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.

Tuesday, April 20

Senate Criminal Justice – 8:30 a.m., Capitol Extension Room E1.016
SB 280 by Hinojosa relating to the capital and forensic writs committee
SB 508 by West providing confidentiality for information related to the protection or security of a witness
SB 811 by Schwertner creating a “Good Samaritan” defense to drug possession
SB 945 by Eckhardt criminalizing sexual assault by professional deception
SB 1495 by Huffman relating to street racing
SB 1831 by Taylor relating to human trafficking solicitations on school premises
SB 2190 by Whitmire relating to crimes committed at TJJD facilities

Wednesday, April 21

House Judiciary & Civil Jurisprudence – 8:00 a.m., E2.014
SB 30 by West authorizing the removal of racially discriminatory language from property records

House Homeland Security & Public Safety – 10:30 a.m. or upon adj., E2.010
HB 1766 by Anchia relating to the unlawful transfer or purchase of certain weapons
HB 2616 by Hernandez relating to public access to certain traffic ticket information
HB 2798 by Wilson relating to not seizing a DL after failure/refusal of an intoxication test
HB 2901 by Rodriguez relating to reporting requirements for in-custody deaths
HB 3654 by Rodriguez revising laws relating to the release or viewing of body cam video

More “Quotes of the Week”

“After those shootings [in El Paso and Midland-Odessa in 2019] … there were roundtable discussions and stakeholder meetings and a lot of promises, and I was hopeful, members—even knowing the political realities, I was hopeful. Members, I’m so tired of doing nothing. … When are we going to do something?”
            —State Rep. Joe Moody (D-El Paso), speaking on the House floor in opposition to the passage of HB 1927 by Schaefer (R-Tyler), this session’s permitless carry bill.

“At this point in time, what we have is a bunch of ‘I gotcha’s,’ and—this is my opinion as a criminal defense attorney of about 15 years—this is a criminal justice reform bill and I urge you to support it to keep people out of jail for no reason whatsoever.”
            —State Rep. Terry Canales (D-Edinburg), arguing for the passage of permitless carry on the House floor this week. The bill passed the House 87–58 along general party lines, but with seven House Democrats (including Canales) in support and one House Republican opposed. It’s fate in the Senate is less certain.

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Six weeks to go. Six long, arduous, frustrating, sleep-depriving weeks. If you can’t send reinforcements, we’ll settle for some coffee! 😉

Hot topics

Here are some quick hits on several interesting legislative topics this week (in no particular order):

Grand juries: The House Criminal Jurisprudence Committee considered HB 179 by S. Thompson (D-Houston) on Monday. This bill, like last session’s HB 2398, represents grand jury “reform” on steroids, as we described in some detail last week. Only a single witness (from the Texas Public Policy Foundation) testified for the bill, arguing that it was needed to return the grand jury to its historical function of protecting citizens from an overzealous government. In response, multiple prosecutors offered principled opposition to the bill on the grounds that it would instead fundamentally change what the grand jury is: a confidential process to determine probable cause—not guilt beyond a reasonable doubt—in a manner that protects suspects and witnesses. They also educated the committee members about the practical impossibilities of complying with some of the bill’s provisions and noted how the new cause of action it creates would chill investigations and prosecutions of the wealthy or powerful.

The bill was left pending in committee until the author can find enough votes for approval.

Post-pandemic court proceedings: One silver lining from the pandemic was the experimental use of remote video technology. Now some people want to continue using that new toy in post-pandemic times, but as with most things at the state capitol, the devil is in the details.

This week the House Judiciary & Civil Jurisprudence Committee considered HB 3611 by Leach (R-Plano), the House companion to SB 690 by Zaffirini (D-Laredo) that we have mentioned before in this space. The committee first heard testimony from three judges, all of whom supported the idea of letting judges unilaterally decide when non-jury proceedings should be held remotely or in-person. The committee then heard from a variety of legal practitioners—civil and criminal, plaintiff, prosecutor, and defense—who pushed back on the idea of denying lawyers any say in how contested or evidentiary proceedings are conducted. It was a rare instance in which litigants who often oppose each other in court seemed to be aligned on this policy question. Interestingly, most of the committee members (membership here) are lawyers whose private practices could be adversely impacted by an over-delegation of authority to the bench in this policy area, and they seemed to appreciate the perspectives given by witnesses who pointed out the importance of using this new technological tool to reduce headaches rather than create new ones by forcing it upon litigants.

House Bill 3611 was left pending in the committee with a commitment from the chairman—who is also the author of the bill—to return next week with a committee substitute based on the feedback he has received. If that is something to which you would like to contribute, feel free to reach out to any committee members you know and share your input.

The next pandemic: Another new topic this session is what the legislature should do to prepare for the next mass disaster or pandemic. In that vein, SB 1025 and SJR 45 by Birdwell (R-Granbury) were debated and passed by the Senate earlier this week. That legislation would limit the governor’s powers during such events to a single 30-day emergency order and require him to call the legislature into special session to declare a state emergency for any period greater than 30 days. This would give lawmakers the chance to terminate, adjust, or continue the governor’s executive order and pass new laws related to that disaster or emergency. It would also specifically prohibit the governor from suspending any penal or election law for more than 30 days, including statutes like CCP Art. 15.171, which Governor Abbott has tolled under his existing COVID-19 executive orders. If approved by the House and by Texas voters in November, this kind of change could result in prosecutors having to lobby the legislature during future disasters to protect public safety in that same manner.

Prosecutor immunity: Earlier this morning the House Judiciary & Civil Jurisprudence Committee voted out a committee substitute for HB 2335 by Middleton (R-Wallisville), the bill we told you about in our Week 11 update that would punish prosecutors who don’t punish rioters. The substitute language (available here) drops the immunity issue in favor of making it a grounds for removal from office by the Texas Supreme Court. (Yeah, you read that correctly.) Now the bill heads to the Calendars Committee for further consideration.

Bail reform: The Senate passed its version of bail reform—SB 21 by Huffman (R-Houston)—by a vote of 21–8, with four Senate Democrats joining the Republican majority. That bill now heads to the Senate, where HB 20 by Murr (R-Junction) awaits consideration by the full House. The two versions differ, so it remains to be seen if one or other—or perhaps neither—makes it across the finish line.

Appellate re-organization: While the major appellate re-organization bill has been shelved for this regular session, SB 1529 by Huffman was passed by the full Senate on Tuesday on a party-line vote (18 R ­– 13 D). That bill would create a statewide intermediate appellate court for some types of civil appeals involving the State of Texas. The bill was amended by the author prior to passage to exempt civil appeals related to expunctions, non-disclosures, and bond forfeitures, which means those cases would still be handled by your local appellate courts. However, the bill still directs to this new super-court other appeals—including removals from office and perhaps even appeals of civil lawsuits against a district attorney. We will continue to monitor this as it moves through the House, but if this concerns you, now is a good time to get involved with it in the lower chamber.

Ban on local advocacy: A kinder, gentler version of SB 10 by Bettencourt (R-Houston) was voted from the author’s committee on Monday on a party-line 5–4 vote and then voted from the full Senate on Thursday on another party-line vote. (Further proof that the Senate moves much faster than the House when it suits the leadership). The engrossed version approved by the Senate waters downs some of the most restrictive aspects of its ban on so-called “taxpayer-funded lobbying” by including six different exceptions to that ban that should exempt prosecutors and TDCAA from any adverse consequences for current practices, but it still prohibits a county or municipality from hiring private lobbyists and subjects them to civil lawsuits for potential violations. The bill now heads to the House, where a different version of this type of ban remains stuck in the House State Affairs Committee.

Guns: The House passed HB 1927 by Schaefer (R-Tyler), aka permitless carry or “constitutional carry,” by a 84–56 margin after almost seven hours of floor debate yesterday. (A final vote on third reading today will send it to the Senate.) This marks the first time either chamber has passed such a measure. The bill now goes to the Senate, where the bill’s law enforcement opponents hope to make a more successful stand—not least of all because of a late amendment that could ban voluntary encounters with, or investigative detentions of, someone openly carrying a firearm in public.

Policing reforms: The Senate passed SB 23 by Huffman (R-Houston) to prevent local governments from “defunding” law enforcement agency budgets without prior approval from voters. Senators approved the legislation on a 28­­–2 vote indicating broad bipartisan opposition to the “defund the police” movement, although several Senate Democrats criticized the legislation as a political ploy. The bill now moves to the House, where multiple different versions of the same idea are pending.

Changing gears

Exhausted from reading all that? It’s a small sampling of the action of hundreds upon hundreds of bills this week, but that’s probably enough of that—now let’s turn to what’s coming up next week and beyond. And remember, to read any specific bill, simply visit the state legislature’s website and enter the HB or SB number in the appropriate search box.

Floor calendars

Bills calendared for debate on the House floor can be found here; check back for updates as needed. Among the tracked bills coming up the first half of this week are HB 1403 by Ann Johnson (stacking sentences for certain offenses), HB 1694 by Raney (Good Samaritan drug defense), and Senate Bill 1 by Nelson/Bonnen, aka the state budget, which is scheduled to be debated on the House floor next Thursday, April 22.

Bills eligible for possible debate on the Senate floor are available here; the list changes daily so check that as needed. Among the tracked bills that might be taken up are SB 111 by West (law enforcement discovery obligations), SB 281 by Hinojosa (ban on investigative hypnosis), and SB 1055 by Huffman (pedestrian fatalities).

Calendars Committee bills

House bills that were sent this week to the Calendars Committee for further consideration include HB 393 by Moody (legalized fantasy sports gambling), HB 487 by Wu (raising the age of juvenile jurisdiction), HB 744 by Collier (law enforcement discovery obligations), HB 770 by Wu (poker room regulations), HB 817 by Moody (legalized keno), HB 1002 by Lucio III (ban on investigative hypnosis), HB 1352 by Crockett (accelerating jail release under CCP Art. 17.151), HB 1374 by Minjarez (sexual assault counselor privilege), and HB 2448 by Canales (surety discharge after immigration detention), and HB 2335 by Middleton (prosecutor removals from office).

Remember, the Calendars Committee does not take additional testimony on bills sent to it from other committees, but its members do 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

It’s getting late in the session for any House bill that is being considered in committee next week, but at least they are better off than those not heard at all. Below are the postings for next Monday; we will issue a follow-up notice in a day or two with additional posting for later in the 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.

Monday, April 19

Senate State Affairs – 9:00 a.m., Senate Chamber
SB 912 by Buckingham increasing penalties for certain riot-related conduct
SB 1508 by Creighton creating an election integrity division at OAG with administrative subpoena power

House Defense and Veterans’ Affairs – 10:00 a.m. or upon adjournment, E2.028
SB 623 by Blanco relating to sexual assaults by or against Texas Military Forces members

House Criminal Jurisprudence – 1:00 p.m. or upon adj., Room E2.010
HB 77 by Toth barring the death penalty in a conviction based on one eyewitness
HB 140 by Rose barring the death penalty for persons with severe mental illness
HB 285 by Murr increasing the punishment for retaliation against a public servant
HB 670 by Martinez creating an offense for reckless discharge of a firearm
HB 708 by Shaheen creating an offense for possession of an animal by certain offenders
HB 799 by Rosenthal creating an offense for carrying a firearm while intoxicated
HB 869 by S. Thompson barring the death penalty for persons with an intellectual disability
HB 970 by Dutton creating extensive data reporting duties for prosecutors
HB 1126 by Anchia extending the State’s deadline for answering certain writs
HB 1127 by Anchia allowing service to the State by email of an Art. 11.072 writ
HB 1349 by Crockett imposing a mandatory minimum prison sentence for murder by a peace officer
HB 1636 by Sherman authorizing the use of therapy dogs in certain criminal cases
HB 1750 by Crockett relating to mistake of fact and self-defense
HB 2146 by Allen limiting the use of drug-free zone enhancements
HB 2198 by Schaefer relating to lewd visual material depicting a child
HB 2436 by Davis mandating pretrial diversion of certain cases by a community panel
HB 2498 by Campos criminalizing harassment using a burner phone
HB 3065 by Davis creating a commission to study politically incorrect penal language
HB 3087 by Smith increasing the penalty for urinating or defecating in certain public places
HB 3205 by Ellzey enhancing the penalty for riot conduct while wearing a mask or military gear
HB 3350 by Moody creating protective orders for most crime victims
HB 3521 by Hunter relating to the definition of coercion in human trafficking-labor/services cases
HB 3772 by White lowering penalties for marijuana and cannabis concentrate
HB 4282 by Morales Shaw barring possession of an animal by certain offenders
HB 4338 by A. Johnson authorizing OAG to represent CSCDs in Art. 11.072 writs
HB 4485 by Guillen relating to the arrest and magistration of certain Class C offenders
HB 4486 by Guillen relating to mental health screening for fine-only offenders

Scattershooting

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

• “‘How much fraud is OK?’: In voter fraud debate, Republicans have a trump card” (Dallas Morning News)
• “Can the death penalty be fixed? These Republicans think so.” (The Marshall Project)
• “Former Texas Lt. Gov. David Dewhurst arrested on domestic violence charge” (The Texas Tribune)
• “Doctor accused of groping, harassing 22 women let off easy by Texas law, critics say” (Fort Worth Star-Telegram)

Prosecutor rotation

It was great to walk the halls of the state capitol building this week and see 46^th Judicial DA Staley Heatly, 106^th Judicial DA Philip Mack Furlow, Washington County DA Julie Renken, Cherokee County DA Elmer Beckworth, Midland County DA Laura Nodolf,  Fort Bend County DA Brian Middleton, Kleberg & Kenedy Counties DA John Hubert, 79^th Judicial DA Carlos Garcia, 81^st Judicial DA Audrey Louis, Galveston County CDA Jack Roady, Hemphill County CA Kyle Miller, and all the assistant prosecutors who came to Austin this week to support or oppose various pieces of legislation. When prosecutors show up at the capitol, good things happen!

If you want to see how the sausage is made, contact Shannon for details on how to get involved in Austin. We have several slots available for prosecutors to come to Austin and help craft the laws and appropriations that directly impact you, so check your calendar and find a good time between now and mid-May to participate in the three-ring circus that is the Texas Legislature.

Quotes of the Week

“This sends a message to the citizens that we are going to ‘Back the Blue.’ That’s what this bill intends to do.”
            —State Sen. Joan Huffman (R-Houston), on the passage of her SB 23 to require local governments to hold an election before reducing law enforcement funding.

“The city of Austin is the reason this bill is passing. Not to send a message, not to be political, but to be sure there’s not another Austin.”
            —Lt. Gov. Dan Patrick (R-Houston), on the passage of Sen. Huffman’s SB 23.

“Well, if I did anything today, I got the prosecutors a day off.”
            —State Rep. Senfronia Thompson (D-Houston), wrapping up the committee debate on her HB 179 (grand jury “reform”), to which at least a dozen prosecutors from around the state registered opposition in person on Tuesday.

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Consider this the sequel to Friday’s weekly update. Like most sequels, it may not make most fans of the original very happy considering it includes updates on bills relating to remote court proceedings, mandatory prosecutor training, mandatory pretrial diversions, prosecutorial immunity, and more. (Please don’t shoot the messenger!)

More hot button issues

Finishing what we started Friday, here are updates on yet more issues (listed alphabetically) we’ve been following for you this session.

Civil asset forfeiture: HB 402 by Hernandez (using funds to provide services to trafficking victims) is on Monday’s House floor calendar. HB 1441 by Schaefer (State must disprove innocent owner defense by clear and convincing evidence) is headed to the Calendars Committee for further consideration. (More information about that committee can be found in another entry below.) HB 2315 by Turner (forfeitures for street racing) is also headed to the Calendars Committee.

Death penalty: HB 252 by Moody (unanimous defense verdicts) is heading to the Calendars Committee. HB 679 by Gervin-Hawkins (expanding qualifications for defense appointments) was voted from committee Friday. HB 688 by Dutton and HB 1340 by Leach (excluding certain party defendants from the death penalty) are pending in the House Criminal Jurisprudence Committee.

Drugs: House committees have approved HB 441 by Zwiener (Class C POM < 1 oz.), HB 1086 by Moody (reducing felony drug penalties to misdemeanors), HB 1535 by Klick (expansion of low-THC medical marijuana), HB 1694 by Raney (“Good Samaritan” defense for overdosages), and HB 2593 by Moody (reducing penalties for THC edibles, gummies, vapes, etc.)—all of which are now, or soon will be, in the hands of the Calendars Committee. The Senate has passed SB 768 by Huffman (fentanyl enhancement), which now moves to the House for further consideration.

Guns: HB 1911 by White (permitless carry, aka “constitutional carry”) and HB 1927 by Schaefer (a different permitless carry bill) were both approved by the House Homeland Security & Public Safety Committee and are now on their way to the Calendars Committee. Look for one of them to be placed on a House floor calendar in the upcoming week or two. (And for those interested, various law enforcement representatives and public safety advocates will be holding a press conference on the south steps of the capitol this Tuesday at 10:00 a.m. in opposition to whichever “constitutional carry” bill first gets calendared for House floor debate.)

Juveniles/young offenders: The House Juvenile Justice & Family Issues Committee has approved HB 487 by Wu (changing juvenile jurisdiction from 10 to 16 years of age to 12 to 17 years of age), HB 488 by Wu (juvenile attire in court), HB 890 by VanDeaver (juvenile remote proceedings), and HB 967 by Dutton (“Raise the Age” to include 17-year-olds), which all now head to the Calendars Committee, along with HB 3315 by Crockett (diversion of non-3g offenses committed by 17-year-olds), which was changed from being optional to mandatory before being sent to the Calendars Committee. In addition, HB 686 by Moody (“Second Look” early parole review) was passed by the House this week and is now in the Senate.

Policing reform: HB 54 by Talarico (no reality TV cop shows) is heading to the Calendars Committee. HB 88 by S. Thompson (the George Floyd Act) was heard and left pending in committee. HB 492 by Wu (limits on no-knock warrants) was approved by the House Criminal Jurisprudence Committee on Friday. HB 744 by Collier and SB 111 by West (law enforcement discovery compliance) have both been approved by their initial committees, along with HB 834 by S. Thompson (corroboration of undercover drug testimony), HB 1550 by Cyrier (TCOLE sunset review), and HB 2631 (notice, hearing, jury instruction for jailhouse informants), which are all heading to the Calendars Committee. Across the rotunda, SB 24 by Huffman (transparency in peace officer hiring) has been passed by the Senate and sent to the House for more action.

Other bills to watch: HB 1374 by Minjarez (privilege for sexual assault victim counselors), and HB 1717 by S. Thompson (employment lawsuit over Brady compliance) are all in, or on the way, to the Calendars Committee, while HB 2335 by Middleton (suing prosecutors over riot cases) and SB 252 by Bettencourt (AG prosecution of public corruption crimes) are both still pending in their respective committees.

Calendars Committee bills

We are currently tracking 53 of the 180 bills now before the House Calendars Committee. In addition to other bills mentioned in this week’s two updates that are—or soon will be—before that committee for possible floor consideration are the following bills: HB 225 by S. Thompson (subsequent writs based on non-scientific evidence), SB 275 by Moody (expanding scientific writs to punishment evidence), HB 379 by Smith (parole limitations for online solicitation of a minor), HB 1293 by Smithee (out-of-time new trial with consent of prosecutor), HB 1352 by Crockett (shortening time for state to be ready under CCP Art. 17.151), HB 1403 by Ann Johnson (stacking of certain sentences), and HB 2733 by Tinderholt (DWI database).

Remember, the eleven-member Calendars Committee does not take additional testimony on bills sent to it from other committees, but its members do 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.

Upcoming floor calendars

Bills calendared for debate on the House floor can be found here; check back for updates as needed. Among the tracked bills coming up the first half of this week are HB 187 by S. Thompson (subsequent writs), HB 375 by Smith (continuous sexual abuse of a disabled individual), HB 376 by Smith (increasing penalty for improper sexual activity with a person in custody), HB 766 by Harless (certain bond conditions entered into TCIC), HB 789 by Geren (punishment for tampering with evidence), and HB 1540 by S. Thompson (human trafficking).

Bills eligible for possible debate on the Senate floor are available here; the list changes daily so check as needed. Among the tracked bills that might be taken up on Monday are SJR 45 and SB 1025 by Birdwell (limiting gubernatorial power during a disaster), SB 21 by Huffman (bail bond reform), SB 23 by Huffman (local election required before defunding law enforcement), SB 623 by Blanco (sexual assault by or against Texas Military Forces member), and SB 1529 by Huffman (statewide appellate court for certain civil cases).

Committee notices

Our initial list of bills for Monday and Tuesday can be found here. Below are more abridged committee notices for later in the week. For a full agenda of all the bills to be heard at each meeting, 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.

Wednesday, April 14
House Judiciary & Civil Jurisprudence – 8:00 a.m., E2.026
HB 1089 by Reynolds increasing the cap for damages under the Tort Claims Act
HB 2020 by Gonzalez allowing recovery of attorneys fees from the state or an agency or institution of the state
HB 2714 by Hernandez mandating implicit bias training for judges and lawyers (including prosecutors)
HB 2950 by Smith relating to multidistrict litigation in consumer protection actions
HB 3611 by Leach authorizing remotely-conducted court proceeding
HB 3913 by Ramos mandating judicial training regarding family violence victims
HB 3966 by Morales authorizing certain ex-district judges with past disciplinary issues to serve as visiting judges
HB 3986 by Guillen relating to uncollectible fines, fees, and court costs
HB 4293 by Hinojosa mandating a “court reminder program” for all counties

House Corrections – 8:00 a.m., E2.026
HB 358 by Sherman limiting the consequences for technical violations of certain probations
HB 385 by Pacheco accelerating the conditions for early termination from probation
HB 757 by Dutton relating to the consequences of completing deferred adjudication
HB 870 by S. Thompson accelerating eligibility for some orders of non-disclosure
HB 1894 by White mandating review of felony inmates for clemency suitability
HB 2442 by White creating a Justice Reinvestment Incentive Progra
HB 3547 by Allen mandating automatic non-disclosure for most misdemeanors and expanding non-disclosure of certain felony offenses
HB 3598 by Leach imposing a mandatory minimum sentence for intoxication manslaughter

House Public Health – 8:00 a.m., JHR 140
HB 4295 by K. Bell relating to the release and confidentiality of autopsy reports

Thursday, April 15
House Homeland Security & Public Safety – 10:30 a.m. or upon adj., E2.030
HB 368 by Sherman authorizing driver’s license address confidentiality to legislators and prosecutors
HB 882 by Hinojosa relating to the unlawful transfer of a firearm
HB 1513 by Zwiener relating to the use of non-lethal projectiles for crowd control
HB 2302 by White criminalizing an officer’s false statement in an incident report
HB 2618 by Hernandez relating to disclosure of information in a traffic citation
HB 3017 by Wu creating an offense for “swatting” by false statement
HB 4145 by Coleman “relating to criminal justice” (a grab-bag of random provisions)
HB 4286 by K. King relating to the dishonorable discharge of peace officers and related consequences

House County Affairs – 10:30 a.m. or upon adj., E2.014
HB 2244 by Wilson relating to the state salary supplement for a county judge
HB 2272 by Ordaz Perez relating to the delegation of a county’s disaster powers
HB 4354 by Coleman relating to the administration of medication to certain jail inmates

Scattershooting

We’ll wrap up this addendum with a fun column by Ken Herman of the Austin American-Stateman: “Knives. Guns. Mermaids. State militia. A day at the Texas Capitol.”

As always, if you need anything further, please reach out to Rob or Shannon.

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We are in the middle of the “confetti bomb” stage of the session: The bomb has gone off and everything is still flying around in mid-air, making it hard for us to know what is happening until everything hits the ground and stops moving. Unfortunately, by that time—aka sine die—it will be too late to do much about it. We’ll do the best we can until then, which also includes sending part of this week’s update now and the rest in a supplement TBD.

Grand jury “reform” next week

Many felony prosecutors have been struggling to keep their local grand juries up and running during the pandemic, so what better time for the Texas Legislature to consider making that difficult job even more time-consuming and expensive, right?

On Monday, the House Criminal Jurisprudence committee will hear HB 179 by S. Thompson (D-Houston), the omnibus grand jury reform bill proposed by the Texas Public Policy Foundation and Right on Crime people and supported by some current and former statewide elected officials. Chairwoman Thompson has been pushing to allow defense attorneys in the grand jury off and on since 1991, but her bill for the past few sessions has been that idea on steroids. Here is what the bill would do:

• Every witness to or target of an investigation is entitled to a lawyer in the grand jury
• A target is entitled to full discovery before appearing before a grand jury
• All questions, statements, and comments made by prosecutors, grand jurors, and witnesses must be recorded (other than the jurors’ deliberations)
• The State must present all exculpatory evidence in the State’s possession to the grand jury
• If a person is no-billed, a second grand jury may not investigate or return an indictment against that previously investigated person absent new, material evidence
• Regardless of whether a grand jury returns a true bill or no bill, the target/defendant can sue the prosecutor for attorneys’ fees and other related expenses which shall be awarded if the court finds that “the position of the prosecutor was vexatious, frivolous, or in bad faith.”

Prosecutors’ views on these ideas have been consistent for the past three decades: This is bad public policy that will endanger crime victims, impair important investigations, and chill prosecutions of the rich and powerful. The good news is that those arguments have been accepted and followed by past legislatures. But don’t be lulled into thinking that past results guarantee future outcomes, especially during this session of “criminal justice reform” in the Texas House. If this issue is important to you, read the text of the bill and start talking to members of the Criminal Jurisprudence Committee now if you have a relationship with any of them.

Those interested in testifying on the bill Monday should contact Rob Kepple for more information.

Other hot button issues

Here is a brief update on some of the other high-profile issues we’ve been following for you this session.

Appellate re-organization: SB 11 by Huffman (R-Houston) is being shelved by its author due to a lack of time left in the session; SB 1529 by Huffman is scheduled for consideration on the Senate floor any day now.

Bail reform: A substitute version of HB 20 by Murr (R-Junction) was voted out of committee earlier today; we talked about the filed version of that bill last week, but the new text should be available online in a few days. HJR 4 by Kacal (R-College Station) was not voted out, and none of the provisions of HB 20 that allow denial of bail for certain violent or sex crimes can take effect without the passage of HJR 4, so keep an eye on that one. The Senate has a different version of bail reform—SB 21 by Huffman (R-Houston)—which was voted from committee this week and could reach the Senate floor next week.

Ban on local advocacy: SB 10 by Bettencourt (R-Houston) was considered in the author’s committee on Tuesday and left pending. A proposed substitute version waters downs the negative impact of its ban on so-called “taxpayer-funded lobbying” but still subjects local officials to civil lawsuits for potential violations. A different House version—HB 749 by Middleton (R-Wallisville)—has been pending in committee since it was heard on March 25th.

CPS reform: The House overwhelmingly passed HB 567 by Frank (R-Wichita Falls), a bi-partisan smack-down of that agency which shortens time limits and makes it more difficult to remove children in cases of alleged neglect (among many other changes). The bill’s Senate companion—SB 190 by Hughes (R-Mineola)—was heard earlier this week and is still pending before the author’s committee.

Committee notices

If you are interested in the fate of a House bill, the clock will likely run out on it unless it is heard by a committee no later than Friday, April 23. (Senate bills have another week or two of life beyond that.) As a result of that impending unofficial deadline, the list of bills being heard in committee is getting mind-numbingly long, so we’re going to list only the more interesting or controversial bills. (Yes, this is just a *partial* list—be glad we don’t give you the full one!) For a full agenda of all the bills to be heard at each meeting, 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.

Monday, April 12

Senate State Affairs – 9:00 a.m., Senate Chamber
SB 1646 by Perry relating to child abuse and child endangerment in gender transition/re-assignment

House Juvenile Justice & Family Issues – 10:00 a.m., Room E2.014
HB 2108 by Wu revising procedures and notices for juvenile transfers to adult courts
HB 2308 by Gates limiting CPS intervention in certain cases of alleged child abuse
HB 3660 by White mandating youth diversion programs for fine-only offenses
HB 3994 by Neave barring certain modifications of juvenile probation for technical violations
HB 4055 by Meza barring CPS intervention in certain cases involving drug use during pregnancy
HB 4240 by Raymond authorizing local ordinances to criminalize interference with child custody

Senate Local Government – 12:30 p.m., Capitol Extension Auditorium
SB 987 by Buckingham banning camping in a public place and requiring enforcement

House Criminal Jurisprudence – 1:00 p.m. or upon final adjournment, Room E2.010
HB 138 by Landgraf increasing the punishment for DOC-Peeping Tom
HB 179 by S. Thompson relating to grand jury proceedings
HB 302 by Collier clarifying consent for the purposes of the offense of sexual assault
HB 347 by Geren criminalizing false or misleading statements used to acquire a firearm
HB 369 by Craddick extending the statute of limitations for aggravated assaults involving communicable diseases
HB 624 by Shine increasing the criminal penalty for certain retaliation offenses
HB 687 by Lozano relating to the offense of smuggling of persons
HB 859 by Collier authorizing the quasi-expunction of records of certain offenses
HB 1814 by J. González authorizing a witness confidentiality and protection program
HB 2290 by S. Thompson expanding the affirmative defense of duress
HB 2357 by Reynolds exempting certain information about crime victims from open records disclosure
HB 2794 by S. Thompson relating to extraneous evidence in trafficking/sexual crimes trials
HB 2795 by S. Thompson creating the offense of solicitation of prostitution and making conforming changes
HB 2987 by Julie Johnson enhancing the punishment for indecent assault
HB 3110 by Meyer changing the term “child pornography” to “child sexual abuse material”
HB 3111 by Meyer expanding the offense of online solicitation of a minor to third parties
HB 3157 by Reynolds relating to the elements of and punishment for improper sexual activity with persons in custody
HB 3363 by Harless relating to search warrants for electronic location information
HB 3505 by White authorizing a court to require confined defendants to plead by remote technology
HB 3601 by Leach relating to automatic orders of nondisclosure in certain deferred adjudications
HB 3789 by Guillen extending the statute of limitations for tampering with corpses
HB 3988 by Guillen authorizing private attorneys to serve as prosecutors pro tem in justice and municipal courts
HB 4175 by Landgraf mandating certain law enforcement actions in strangulation cases
HB 4528 by Guillen enhancing the punishment for human trafficking
HB 4565 by Ramos expanding sexual assault to include any sexual conduct between an officer and a person being detained, arrested, or confined.

Tuesday, April 13

House Business & Industry – 8:00 a.m., E2.028
HB 2942 by Bernal authorizing local DAs and CAs to pursue DTPA actions involving price-gouging during disasters

Senate Criminal Justice – 8:30 a.m., E1.016
SB 109 by West expanding the criminal offense of securing execution of a document by deception
SB 223 by Whitmire prohibiting law enforcement from participating in reality TV shows
SB 474 by Lucio relating to the unlawful restraint of a dog
SB 503 by Miles creating the criminal offense of failing to report abuse, neglect, or exploitation in certain boarding home facilities
SB 576 by Hinojosa relating to the offense of smuggling of persons
SB 1544 by West limiting the issuance of no-knock warrants
SB 1550 by Nelson relating to airport police forces

COVID and the capitol

For those coming to the legislature in the remaining weeks of the session, remember that Senate committee rooms require proof you are negative for COVID-19 for entry or to provide testimony. You can obtain that proof in the M*A*S*H tents outside the north doors of the capitol either by submitting to a free rapid test or by presenting a COVID-19 vaccine card and matching ID. Don’t forget to bring that proof if you have it, and please factor that additional time into your visits.

Scattershooting

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

• “Texas Gov. Greg Abbott braces for primary challenge, but remains in dominant position” (Dallas Morning News)
• “House advances bill making it harder for CPS to remove Texas youth from their families” (Dallas Morning News)
• “Texas lawmakers advancing bail bills that opponents say do little for people stuck in jail because they’re poor” (The Texas Tribune)
• “Texas Republicans have long pushed to allow ‘constitutional carry’ of guns. Proponents say this year is their best chance.” (The Texas Tribune)
• “Lawsuit accuses Texas AG Ken Paxton of improperly blocking critics on Twitter” (Austin American-Statesman)
• “Texas House committee passes bill to expand medical marijuana program” (Dallas Morning News)

Prosecutor rotation

Thanks to Washington County DA Julie Renken, Comal County CDA Jennifer Tharp, Fort Bend County DA Brian Middleton, Smith County CDA Jacob Putman, and all the assistant prosecutors who came to Austin this week to support or oppose legislation.

If you want to see how the sausage is made, contact Shannon for details on how to get involved in Austin. We have several slots available for prosecutors to come to Austin and help craft the laws and appropriations that directly impact you, so check your calendar and find a good time between now and mid-May to participate in the three-ring circus that is the Texas Legislature.

Quotes of the Week

“Their focus on this indigency part makes them kick this idea of a dangerousness issue into the future or not consider it at all.”
            —Derek Cohen, director of the Texas Public Policy Foundation’s “Right on Crime” initiative, as quoted in an article about the competing positions of various criminal justice reform groups on bail bond bills currently before the Lege.

“There have been some serious allegations levied against the current attorney general. Personally, I think that the top law enforcement official in Texas needs to be above reproach. … I’ve visited with many conservative attorneys general throughout the country. They’re embarrassed by [Paxton’s] conduct, and I think Texans deserve better.”
            —Texas Land Commissioner George P. Bush, in an interview in which he said he is “seriously considering” running for attorney general in 2022.

“They definitely don’t want to anger the base in a moment when there are rumors about primary challengers for Republicans who aren’t right-leaning enough.”
            —Brandon Rottinghaus, political scientist at the University of Houston, providing an explanation for why the Republican-led legislature has not taken more action in response to the 2019 mass shootings in El Paso and Midland-Odessa.

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We are sending this week’s update a day early for those offices observing Good Friday tomorrow. Legislators are taking a four-day break and will return to business in earnest on Tuesday. Then the real work begins, as you will see from the long list of committee postings (below) addressing bail reform, drug penalties, the death penalty, DWI offenses, accelerated prison releases, and just for good measure, another bill banning so-called “taxpayer-funded lobbying.”

Drivers, start your engines!

Killing the messenger?

The Senate Local Government Committee will hear SB 10 by Bettencourt (R-Houston), a bill that would bar city and county officials’ use of local funds to “directly or indirectly influence or attempt to influence” legislation in Austin. Like HB 749 by Middleton (R-Wallisville), which was mostly focused on advocacy by lobbyists and associations, SB 10 could be read to bar county payments to associations like TDCAA because we follow and report to you on what the legislature is doing, which in other contexts has been held to be a form of “indirectly” attempting to influence legislation. But SB 10 also takes direct aim at local governmental officials and their employees by making it more difficult for them come to Austin to advocate for or against policies that impact their jobs. Your jobs. It will be up to you to convince them that your input is worth it.

Riding the news cycle

Policing reform’s high profile this session won’t be ending anytime soon. Not only have several Texas peace officers been shot since the session began—including one fatally—but former Minneapolis PD officer Derek Chauvin is currently on trial for the death of George Floyd, whose namesake bill has already been heard in a House committee this session. Regardless of the outcome of that trial, the jury verdict is likely to add fuel to that particular policy fire and become a lens through which many bills are viewed for the rest of the session.

Bail reform

Earlier this morning the Senate Jurisprudence Committee passed a committee substitute version of SB 21 by Huffman (R-Houston), which will be the Senate’s “bail bond reform” bill this session. An advanced copy of the new version can be read here. In summary, it:

• Limits the availability of personal bonds for certain repeat offenders
• Requires bail in a new case to be set by a court before in which a defendant is already out on bail
• Requires a magistrate setting bail to take additional factors—including criminal history, violent behavior, and citizenship status—into consideration
• Requires more judicial training related to setting bail
• Limits the activities of “charitable bail organizations”
• Collects data on bail bonds issued, including failures to appear and new offenses committed while released on bail

The bill will now head to the full Senate for consideration.

Meanwhile, on Tuesday the House Criminal Jurisprudence Committee will take up its version of bail bond reform in HB 20 by Murr (R-Junction). The bulk of HB 20 tracks past House attempts at bail reform by creating a statutory default for release on “the least restrictive conditions and minimum amount of bail” necessary to encourage the offender’s appearance and protect public safety. The bill would try to accomplish this through the use of a statewide pretrial risk assessment tool and a preference for release on personal bonds in non-violent cases. However, one important difference from previous versions of this bill is the removal of language allowing a judge to deny bail and then requiring evidentiary hearings at which the State would have to prove certain things by clear and convincing evidence to confirm that denial. Instead, Section 2 of HB 20 reverses that process and allows a judge to deny bail in certain violent or sex crimes unless the court determines by clear and convincing evidence that it would be safe to release that offender, and there is no requirement of a live evidentiary hearing to do that. Note, however, that this new approach is contingent upon the passage of HJR 4 by Kacal (R-College Station), which would amend the state constitution to allow—or in some cases, require—judges to deny bail in those cases. The passage of such a resolution is never a sure thing, but this may be a welcome change for those of you who objected to the creation of additional bail hearings in past sessions due to a lack of resources or ability to see them through. Again, these measures will be considered in committee on Tuesday, so if you have thoughts about them, that is your opportunity to be heard.

Bills and bills and yet more bills

We thought we’d use this temporary holiday pause in the session to examine where things stand on the overall bill front.

We are currently tracking 1,623 (23%) of 7,120 filed bills and resolutions. That is the most bills we’ve ever tracked in a single session, something at least partly attributable to the high profile of policing reform and pandemic-related issues this time around. Below are additional details about some of the 40+ bill tracking categories we maintain, as well as notes on some bills in those categories that are on the move. (To learn more about any of these bills, go to https://capitol.texas.gov and enter the bill number in the appropriate search box.)

Bail/pre-trial release: 45 bills, including HB 1352 by Crockett (accelerating jail release under Art. 17.151) and the bills mentioned in the prior section.
Capital punishment: 36 bills, including HB 252 by Moody (jury instruction on unanimous votes).
Civil asset forfeiture: 17 bills, including HB 1441 by Schaefer (flip and increase the burden on the innocent owner defense).
Drugs: 85 bills, including HB 1086 by Moody (reducing some felony drug crimes to misdemeanors) and SB 768 by Huffman (fentanyl enhancements).
DWI: 30 bills, including HB 2733 by Tinderholt (DPS database of DWI bond/probation conditions and DL suspensions).
Family violence: 50 bills, including SB 343 by Kolkhorst (FV bond conditions in TCIC).
Grand jury: Nine bills.
Guns: 147 bills.
Human trafficking: 45 bills, including HB 402 by Hernandez (forfeiture proceeds to help trafficking victims) and HB 1540 by S. Thompson (omnibus trafficking bill).
Juveniles: 56 bills, including HB 488 by Wu (juvenile clothing and restraints) and HB 1193 by Wu (sealing of certain determinate sentence records).
Policing and officer duties: 222 bills, including HB 8 by Pacheco (hiring practices by law enforcement agencies), HB 88 by S. Thompson (George Floyd Act), HB 766 by Harless (TCIC entry of bond conditions), SB 23 by Huffman (voter approval before defunding law enforcement), and SB 24 by Huffman (hiring practices by law enforcement agencies).
Punishment enhancement: 116 bills, including HB 376 by Smith (improper sexual activity with person in custody), SB 516 by Huffman (ATM criminal mischief), and SB 768 by Huffman (fentanyl—and yes, some bills are in multiple tracks).
Punishment reduction/decriminalization: 152 bills, including HB 686 by Moody (retroactive accelerated parole consideration for youthful violent offenders).
New crimes: 264 bills, including several election fraud and abortion-related bills.
Sex crimes: 88 bills, including HB 1172 by Howard (rights of sexual assault survivors).

Our three key tracks are:
Code of Criminal Procedure: 457 bills, which includes several bills already mentioned above plus bills such as HB 39 (protective orders) and HB 2631 (limitations on jailhouse informants).
Penal Code: 334 bills, including several bills mentioned above.
Bills to watch: 130 bills, including HB 6 (election fraud), HB 749 by Middleton (ban on local government advocacy), HB 1717 by S. Thompson (Hillman v. Nueces Co. proposal), HB 2335 by Middleton (waiving prosecutorial immunity), SB 7 (election fraud), SB 23 by Huffman (limitation on defunding policing agencies), and SB 252 by Bettencourt (independent OAG prosecution of public corruption crimes).

To view all the tracked bills that would amend the Code of Criminal Procedure, the Penal Code, or fall into our general “Bills to Watch” category, use the links on the right-hand side of our Legislative page. And as always, if you ever have questions about any piece of legislation, please contact Shannon.

Floor action

The Senate passed SB 343 by Kolkhorst (FV bond conditions in TCIC), SB 768 by Huffman (fentanyl punishments), and a half-dozen abortion-related bills—SBs 8, 9, 394, 1173, and 1647—some of which carry potential criminal sanctions. The House passed HB 567 by Frank (restrictions on terminating parental rights). Now those bills move on to the other chamber.

Upcoming floor calendars

Bills calendared for debate on the House floor can be found here; check back for updates as needed. Among the tracked bills coming up on Wednesday are HB 686 by Moody (“Second Look” early parole for violent youthful offenders) and HB 167 by Ortega (TROs for nuisance abatement).

Bills eligible for possible debate on the Senate floor are available here; the list changes daily so check as needed. Among the tracked bills that might be taken up on Tuesday are SB 7 by Hughes (election fraud) and SB 24 by Huffman (hiring of peace officers).

Committee news

House committees approved HB 530 by Patterson (election judges carrying handguns at polling places), HB 873 by Collier (dog tethering), HB 1071 by Harris (therapy dogs in court), HB 1172 by Howard (rights of sexual assault survivors), HB 1374 by Minjarez (sexual assault counselor privilege), HB 2733 by Tinderholt (DWI database), and HB 3295 by S. Thompson (DTPA actions against massage parlors by local prosecutors).

Senate Committees voted out SB 21 by Huffman (bail bond reform), SB 24 by Huffman (hiring peace officers), SB 111 by West (law enforcement discovery compliance), and SB 476 by Nelson (mandatory sexual assault review teams).

Intermission

Hey, that’s a lot of information to absorb, isn’t it? We get it. Why not take a break and clear your head? There’s a lot more to pass along, so this is a good mid-way point to pause before diving in again. (And just remember—if you think this is tough to read, imagine what it must be like trying to distill, summarize, and share all this crap! The struggle is real.)

Committee notices

The long Easter break will totally change next week’s usual committee hearing schedule. Below are the relevant postings so far, but we’ll probably have to update this again with information on hearings later in the week. We apologize in advance for stuffing your inbox.

For a full agenda of all bills to be heard at each meeting, 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.

Monday, April 5 (no business)

Tuesday, April 6

House Judiciary & Civil Jurisprudence – 8:00 a.m., E2.026
HB 2144 by Harris creating a new tort of public nuisance
HB 3334 by Turner creating a statewide criminal justice sentencing database
HB 3774 by Leach, the omnibus court creation and judicial administration bill
HB 4422 by T. King authorizing county legal counsel to request AG opinions

Senate Jurisprudence – 9:00 a.m., Room E1.016
SB 295 by Perry creating a testimonial privilege for certain sexual assault counselors
SB 312 by Huffman increasing the punishment for improper sexual activity with a person in custody
SB 335 by Johnson relating to toxicological evidence in intoxication cases
SB 495 by Kolkhorst granting crime victims a right to request bond increases
SB 1054 by Huffman creating a condition of supervision relating to searches
SB 1055 by Huffman creating an offense for injuring pedestrians in a crosswalk
SB 1056 by Huffman creating a “SWATting” offense

Senate Local Government – 11:00 a.m. or upon adj., 2E.20 (Betty King Committee Room)
SB 10 by Bettencourt barring the use of local funds for legislative work
SB 1879 by Bettencourt relating to the reporting of lobbying activities by certain political subdivisions

House Criminal Jurisprudence – 1:00 p.m. or upon final adjournment, Room E2.012
HJR 4 by Kacal proposing a constitutional amendment to deny bail in certain cases
HB 20 by Murr, the Texas Judicial Council version of bail bond reform
HB 99 by Toth reducing the penalty for possession of marijuana
HB 169 by S. Thompson reducing the penalties for possessing certain controlled substances
HB 198 by M. Gonzalez extending the scope of the “Romeo and Juliet” defense
HB 439 by Canales reducing the penalty for possession of marijuana concentrate
HB 441 by Zweiner reducing the penalty for possession of marijuana
HB 498 by Wu reducing the penalty for the possession of marijuana
HB 688 by Dutton exempting certain co-conspirators from the death penalty
HB 818 by Cole reducing the penalty for the possession of marijuana
HB 834 by S. Thompson requiring corroboration of undercover peace officers
HB 854 by Burns exemption LTC holders from certain weapons laws
HB 921 by White relating to release on bail
HB 955 by Dutton requiring bond for parolees who bond out on new offenses
HB 956 by Dutton allowing long knives in bars, churches, and amusement parks
HB 1005 by Leman imposing conditions of release on certain bail bonds
HB 1178 by Crockett removing the penalty for possession of drug paraphernalia
HB 1340 by Leach exempting certain co-conspirators from the death penalty
HB 1609 by Crockett reducing the penalty for possession of marijuana
HB 2077 by Reynolds relating to bail and other pretrial proceedings
HB 2327 by Frullo increasing penalties for boating while intoxicated with child passenger
HB 2505 by Smith creating an offense of boating while intoxicated with child passenger
HB 2593 by Moody reducing penalties for certain consumable marijuana products
HB 2684 by Canales expanding expunctions and non-disclosures
HB 2781 by A. Johnson relating to the punishment for mass shootings
HB 4136 by Collier expanding non-disclosures

Wednesday, April 7

House Corrections – 8:00 a.m., E2.026
HJR 10 by S. Thompson and HB 137 by S. Thompson authorizing courts to commute sentences after parole
HB 721 by Wilson limiting mandatory supervision release of someone in a county jail
HB 841 by Moody requiring parole board members to meet in person on capital cases
HB 953 by Allen mandating the award of time credits for state jail felony offenders
HB 1805 by Moody retroactively awarding good conduct time to certain violent offenders
HB 1894 by White recommending inmates for clemency
HB 2177 by Moody retroactively accelerating parole eligibility for certain violent offenders
HB 2341 by Crockett retroactively accelerating parole eligibility for certain violent offenders
HB 3598 by Leach mandating a minimum confinement for intoxication manslaughter
HB 4212 by Moody relating to defendants with mental illness or intellectual disability

Thursday, April 8

House Homeland Security & Public Safety – 10:30 a.m. or upon adj., E2.030
HB 558 by White relating to blood draws for certain intoxication offenses
HB 832 by S. Thompson changing peace officer’s duties
HB 833 by S. Thompson changing defenses for officers’ use of force and mandating policies
HB 1757 by Krause relating to recordings by and of peace officers while on duty
HB 1838 by M. Gonzalez to limit information in street gang databases
HB 2147 by Allen reducing the punishment for repeated DWLI offenses
HB 2366 by Buckley increasing penalties for protest-related conduct that injures officers
HB 2706 by Howard relating to sexual assault examinations
HB 2746 by Ellzey increasing the punishment for improper use of laser pointers
HB 3413 by Murr relating to occupational driver’s licenses
HB 3712 by E. Thompson relating to the training and hiring of peace officers
( … plus eight different gun-related bills; click on the link above for more details)

COVID and the capitol

For those coming to the legislature in the remaining weeks of the session, remember that Senate committee rooms require proof you are negative for COVID-19 for entry or to provide testimony. You can obtain that proof in the M*A*S*H tents outside the north doors of the capitol either by submitting to a free rapid test or by presenting a COVID-19 vaccine card and matching ID. Don’t forget to bring that proof if you have it, and please factor that additional time into your visits.

Scattershooting

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

• “Analysis: The fight over local control turns to representation—and lobbyists” (The Texas Tribune)
• “After crime plummeted in 2020, Baltimore will stop drug, sex prosecutions” (The Washington Post)
• “High anxiety over federal weed loophole” (Politico)
• “Texas prisons stopped in-person visits and limited mail. Drugs got in anyway.” (The Texas Tribune)
• “Many Capitol rioters unlikely to serve jail time” (Politico)

Quotes of the Week

“This is when things get really fun at the Capitol. This is when the rubber meets the road, right?”
            —House Speaker Dade Phelan (R-Beaumont), quoted in an article about the current phase of the session.

“I do not know yet what to make of the allegations against Deshaun Watson. I do know this: the legal matchup between attorneys Rusty Hardin and Tony Buzbee will be far more interesting than any game the Texans play next fall.”
            —Tweet by Ryan Autullo, Austin American-Statesman reporter, in reference to the score and more of massage therapists who are suing the Houston Texans quarterback for alleged untoward behavior.

“Well I got to testify and then there was a guy who snorted a truckful of coke, ranted for several minutes, and closed with ‘I don’t know what’s in the text of the bill!!! but from what I’ve heard, I like it!!!!!!’.”
            —Tweet by Emily Eby, a voting rights lawyer who live-tweeted a Senate State Affairs hearing on election fraud last week, providing what may be one of the best descriptions of public testimony at the Texas legislature that we’ve ever read.

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This is a supplement to our Week 11 summary to alert you that the following bills have been posted for consideration in committee on Thursday, April 1, 2021 (and no, this is not an April Fools’ joke). For a full agenda of all bills to be heard at the meetings listed below, please click the link in the committee name; from that notice page, you can click on any listed bill number to find the text of the filed bill.

Thursday, April 1

House Elections – 8:00 a.m., E2.028
HB 6 by Cain relating to election fraud

Senate Jurisprudence – 9:00 a.m., Betty King Committee Room (2E.20)
SB 11 by Huffman re-organizing courts of appeals districts
SB 1529 by Huffman creating the Texas Court of Appeals
SB 1822 by Huffman postponing certain 2020 election dates

House Homeland Security & Public Safety – 10:30 a.m. or upon adj., E2.030 [*new*]
HB 929 by Sherman, aka the “Botham Jean Act”, aka “Bo’s Law”
HB 1550 by Cyrier, the TCOLE Sunset re-authorization bill
HB 1920 by Capriglione relating to firearms in a secured area of an airport
HB 2650 by Jarvis Johnson regarding placement of children after an arrest

Senate Bill 11 – Appellate re-organization

We discussed SB 11 by Huffman (R-Houston) last month (see this update for details), and we told you then that we would let you know when more details were released. Now is that time.

The bill is set for a hearing before the bill author’s committee on Thursday morning. Details of the new bill–which will maintain the location of the current appellate courts but reduce the number of state appellate court districts from 14 to 7 and create two additional appellate court sites–can be found in these documents:

• CSSB 11_Background and Bill Summary 03.29.21.pdf
• CSSB 11_Map 03.29.21.pdf
• CSSB 11 Justice Places 03.29.21.pdf
• CSSB 11 Letter from Chair 03.29.21.pdf

If you want to know which court will hear your appellate cases under this plan–and which counties will be electing the judges sitting on that court–then read these attachments. The committee will hear the bill Thursday morning, and the committee membership can be accessed here.

Senate Bill 1529 – Appellate super-court

While you’re at it, check out SB 1529 by Huffman (R-Houston), which is also teed up for Thursday. This bill would create a single intermediate appellate court based in Austin with exclusive statewide jurisdiction over civil cases brought by or against the State of Texas, a state agency (like OAG), or a state official. The court’s mandate would not include criminal cases, but it could include many civil actions–such as juvenile cases, civil asset forfeitures, CPS cases, mental health commitments, and more–which y’all currently handle on behalf of the State.

We expect there to be further revisions to this proposal as it moves through the process, but if this interests or concerns you, now is the time to engage.

Next week

Due to the upcoming holiday, the Lege will be closed for Good Friday and Easter Monday, resulting in committees that normally meet on Mondays and Tuesdays sliding to later in the week. We’ll provide you with those notices as we are able.

Further updates for these and other committees will appear on our Legislative web page. If you have questions before then, contact Shannon.

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