Check on your friends from other states who moved here during the fall or spring. They are realizing that the lower cost of living comes with a price: heat advisories. The Capitol is also starting to heat up with more interim hearings and state agencies presenting their budgets for approval. It’s also campaign season, so if you are not feeling popular, all those campaign texts and emails will soon make you feel like the prom queen (or king).
Interim Hearings
There were several interim hearings this month that touched on issues concerning prosecutors.
The House Select Committee on Governmental Oversight met to discuss the Texas Public Information Act (PIA). Jennifer Tharp, Comal County Criminal District Attorney, testified about the issues counties face complying with PIA requests, including protecting crime victims’ privacy. The Committee heard from other officials about individuals abusing PIA requests to harass elected officials and burden offices economically. The committee seemed reluctant to make any major changes to the PIA law.
The House Permanent Standing Subcommittee on County and Regional Government met to discuss strengthening county law enforcement. Robert Leonard, the Executive Director of the Combined Law Enforcement Associations of Texas (CLEAT), testified that district attorneys who campaigned on prosecuting officers have hurt recruiting and retention, and he asked for help from the legislature to combat these “political attacks”. The Committee also heard testimony on the lack of medical examiners across the state and the need for more pathologists. Witnesses described autopsy and toxicology delays that can lead to delays in criminal prosecutions. Some witnesses advocated lowering the mandatory medical examiner threshold from 2.5 million to 1 million (with multi-county district carve-outs), noting fast-growing counties like Williamson and Hidalgo face severe caseload strain under the traditional Justice of the Peace system. We will monitor this issue to see if the legislature appropriates more money to help medical examiners.
The Senate Select Committee on Homeland & Border Security met to discuss expanding the role of the Border Prosecution Unit (BPU) to combat cross-border motor fuel trafficking, which has become a multi-billion-dollar enterprise for Mexican cartels. BPU Chair and 452nd Judicial District Attorney Tonya Spaeth Ahlschwede and BPU General Counsel Tom Krampitz testified at the hearing about the complications of building cases that traverse multiple jurisdictions. Senator Kevin Sparks (R-Midland)—who, just coincidentally, runs a family-owned oil and gas company back home—was the most enthusiastic committee member advocating for a larger appropriation to the BPU and requested that the BPU return with a budget that would add fuel trafficking to its mission.
Flock Cameras
Data centers have found their hero in Flock cameras. Flock cameras, more properly called automated license plate readers (ALPRs; Flock Safety is the most well-known manufacturer), have replaced data centers on the anti-AI hot seat with the public and Texas leadership. Governor Greg Abbott ordered all state agencies to halt state funding for Flock cameras following scrutiny over how state grant programs were utilized. That freeze came alongside revelations that the Motor Vehicle Crime Prevention Authority (MVCPA) has directed tens of millions of dollars in statutory auto-theft prevention fees toward deploying thousands of Flock cameras statewide, which lawmakers from both parties maintain was never the Legislature’s intent. At the local level, cities and counties, including Pflugerville and Hood County, have moved to terminate contracts with Flock after public outrage on the perceived surveillance state they are contributing to. Between grassroots resolutions demanding warrant requirements and heated testimony during interim committee hearings, ALPR data retention, inter-agency sharing, and Fourth Amendment boundaries are going to be major issues in the upcoming legislative session. Prosecutors should be included in these conversations and now would be a good time to meet with your representatives and senators if you have thoughts on this issue.
Hot (Button) or Not?
Every September, the Texas Tribune Festival (aka “Tribfest”) brings politicians, professors, and policy wonks from around the country to Austin to talk about the “Big Issues” in the news. This year’s agenda promises “250+ leaders, thinkers, and innovators across 100+ sessions digging into democracy under pressure, the battle for Texas, the future of education, AI, energy, and more.” It’s really a great program if you’re into that sort of thing. You still have time to register here. It will be in Austin September 24–26.
That said, guess how many of those “100+ sessions” at the Tribfest address criminal law or government representation? One. (And it’s on the death penalty, which means for most of you, the actual answer is “zero.”) And you know what? That’s probably a good thing. Ditto for the results of this month’s poll by the Texas Politics Project at UT–Austin. Guess where “crime” ranks on the list of most important issues facing the State of Texas in August 2026? Tied for 18th, with only 1 percent of respondents identifying crime as the state’s most important issue. (You have to dive down to page 4 of the toplines to find where crime ranks, so we did it for you.) Instead, Texas voters are focused on inflation (19 percent), political corruption (15 percent), the economy (10 percent), and immigration (10 percent), among many others.
Why do we share this observation? First, to congratulate you—good job, good effort, everyone! Crime is down, and voters are more worried about other things. Keep that in mind if you start to get stressed about the impending legislative session. But also, when policymakers do begin to file the inevitable flood of crime-related bills in a few months, keep these things in perspective. Considering everything else going on in this crazy state right now, prosecution-specific issues may have to take a number and wait in line for the legislative spotlight in 2027. And wouldn’t that be a nice change?
Bill ideas
Speaking of bills being filed, that will begin in earnest on the Monday after the November elections. Language for new bills is already being drafted and shopped around and vetted by legislative staffers. We know this because many of them send us those bill drafts to get background information, past legislative history, or our generally well-informed opinion about the new idea’s language, wisdom, or prospects of passage in 2027. What complicates that process is when staffers ask us to review a bill submitted by a prosecutor that we have never seen before. (Legislative staff sometimes draw their own assumptions into the viability of a bill requested by prosecutors if TDCAA has not seen the bill.) The non-partisan, low key nature of our association’s involvement in the legislative process may contribute to this piecemeal participation by our members, but we want to take this opportunity to remind you that we are here to help you work smarter, not harder. If you reach out to Hector or Shannon, we can share what we know about your new idea as well as help you coordinate with other prosecutors with similar goals. The legislative process is designed to kill bills, and less than 15 percent of all bills become law. This is why proper preparation and coalition-building helps turn good ideas into laws. Of course, this benefit made available to you through your membership in TDCAA is optional, and you are always welcome to fly solo through the legislative storm if that is your preference. Please know that we are here to help.
Election Law Resources
The Texas Secretary of State (SOS) held its Annual Election Law Seminar for County Election Officials and covered statutory compliance, recent legislative changes, and procedural nuances governing local elections. Fear not if you missed the conference. The SOS kindly provides all its presentation materials and other resources on its website. The November election early voting period is right around the corner and election integrity continues to be a hot topic, so keep these resources handy if you anticipate election-related issues arising in your backyard.
Upcoming Interim Hearings
The legislature continues its interim hearings in September. The following hearings have posted their agendas that contain issues that are pertinent to prosecutors.
The House Committee Human Services will meet on September 9at 10am to discuss: Protecting Due Process and Civil Rights in Child Protective Services Investigations.
The Senate State Affairs Committee will meet on September 14 at 9am to discuss: Protecting Minors Online.
The Senate State Affairs Committee will meet on September 15 at 9am to discuss: Closing Gambling Loopholes, Protecting the Integrity of the Judiciary, and Ensuring Consumer Protection in Alcohol Sales.
The Senate Natural Resources Committee will meet on September 21at 9am to discuss: The establishment of a theft of petroleum products task force, creation of an organized oilfield theft prevention unit within the Department of Public Safety, and creating criminal offenses and increasing the punishment for existing criminal offenses.
Quotes
“Where district attorneys who have campaigned on promises of prosecuting law enforcement officers and have targeted law enforcement officers for unnecessary prosecutions, who continue to persecute law enforcement officers every chance they get—these acts are destroying recruiting and retention efforts at every turn. We trust the legislature will continue to place safeguards in the law as these political attacks on the profession continue.”
—Robert Leonard, CLEAT Executive Director, testifying at the House Permanent Standing Subcommittee on County and Regional Government.
“The sheer volume of information captured is not something that is entertained, in my view, by the Fourth Amendment.”
—Representative Mitch Little (R-Lewisville), discussing Flock cameras and their capabilities.
“In a million years, I never could have even contemplated that this would be used to fund what is effectively warrantless surveillance. Otherwise, I can’t imagine it would have gotten unanimous support. I sure as hell wouldn’t have voted for it if I knew some bureaucrat was going to redirect the money to Flock cameras.”
—Representative Brian Harrison (R-Midlothian), referring to a 2023 law passed by the Texas Legislature raising auto insurance costs for Texans by $1 to combat catalytic converter theft. The Motor Vehicle Crime Prevention Authority turned the $1 fee hike into grants that purchased at least 3,200 Flock cameras.
“By refusing to extradite Castro, Greg Abbott is turning Texas into a sanctuary state for violent criminals. Regardless of today’s ruling, I will keep fighting so that Agent Castro will face justice in Minnesota.”
—Minnesota Attorney General Keith Ellison, referring to the ICE (Immigration & Customs Enforcement) agent charged with four counts of assault who was released from a Texas jail after a court denied a request to force Governor Abbott to extradite him to Minnesota.
“We are not going to have this filth and vulgarity and violence of graphic scenes of rape, of stories of teachers and students having a sexual affair, in our school libraries, so we’re going to put an end to this.”
—Lt. Governor Dan Patrick, warning school districts to remove explicit books from the school libraries or face stricter penalties from the legislature.