Legislative Updates

Each week during Texas legislative sessions, TDCAA recaps the most important news and events. Look to this page for current and past issues of TDCAA’s Legislative Updates.

For information concerning legislation filed during the 89th Legislative Session, visit the state legislature’s web site or e-mail Hector M. Valle, Director of Governmental Relations, or call him at (512) 474-2436.

Updates

Interim Update: Prosecutor Data Reporting Rule

July 10, 2026

The Prosecutor Data Reporting Rule is public.

The Prosecutor Data Reporting rule that we have been anticipating is now posted for public comment, and there are only 30 days to speak up to the Judicial Commission about the rule prior to its adoption. On July 10, 2026, the Texas Judicial Council formally published proposed rule 1 TAC §171.12 in the Texas Register. This rule implements the mandatory reporting requirements enacted by HB 16 (89th Legislature, 2nd Called Session). Because these rules carry an indeterminate fiscal and logistical burden for your offices, it is critical that prosecutors review the rule and submit formal public comments before the rule is finalized. The earliest possible date of adoption is August 9, 2026, which makes for a short comment period.

Key Elements
The rule establishes a mandatory quarterly reporting structure (with an additional annual personnel metric). The first quarterly reporting period runs from September 1, 2026, to November 30, 2026, with the inaugural report due to the Office of Court Administration (OCA) by December 31, 2026.
Under subsection (b), each office will be required to report data broken down by individual county served, including:

  1. Case Categorization: The number of offenses in each criminal case filed, categorized by offense level (from capital felony down to Class C misdemeanor).
  2. Staffing & Caseload Sufficiency (Annual): The number of personnel employed by your office and your determination of whether that staffing level is sufficient to support your specific caseload.
  3. Article 17.151 Releases: The number of times a defendant was released under CCP Art. 17.151, regardless of whether an application for a writ of habeas corpus was filed.
  4. Article 17.151 Writs: The number of applications for a writ of habeas corpus received under CCP Art. 17.151.

(Note: While HB 16 included outdated language requiring reporting of electronic notices under CCP Art. 17.027(a)(2), the Council has acknowledged that no data will be collected on that metric.)

Areas for Potential Public Comment
When drafting your feedback to OCA, consider focusing on the following points. (However, it has been our experience that agencies prefer alternative solutions rather than simply a critique of the rule.)

  • Logistical & Software Issues: Does your current case management system easily pull these offense-level metrics, or will this require upgrades or manual data tracking?
  • Fiscal Impact: OCA’s fiscal note states the local impact is “indeterminate” but states it may incur costs to local counties based on your staffing levels. What will compliance with this new rule cost your office?

How to Submit Comments
You have until August 8, 2026, to submit feedback on these reporting instructions. You can email your comments to reportingsection@txcourts.gov. (Comments can also be physically mailed to a person and address listed in the posted rule, but in our experience, agencies prefer comments to be emailed, even if as attachments.)

Please do not hesitate to reach out to Emily Teegardin, 110th Judicial District Attorney and Chair of the TDCAA’s Data Reporting Workgroup (emilyteegardin@co.floyd.tx.us), if you have any questions about the proposed rule or the comment process.

Rogue Prosecutor Report

This week the Texas Public Policy Foundation’s Right on Crime arm published a policy paper titled “Going Rogue: How Radical, Reformist Prosecutors Are Endangering Public Safety.” The report outlines proposed legislative changes to provide more oversight of prosecutors. The Texan also wrote an article about the report that can be found here. Please let us know your thoughts as this will likely be a hot topic for the upcoming legislative session.

DNA on Trial CLE

There is an upcoming CLE course directed by Lynn Garcia of the Texas Forensic Science Commission and funded by the Court of Criminal Appeals, taking place from August 12–14, 2026, in Austin, Texas that prepares lawyers for trials with DNA evidence, from the collection of evidence at the crime scene to interpretation, statistics, testimony, and post-conviction issues. Click here for more information or to register.