April brought rain and interim hearings, and May means the Capitol starts to come alive, much like the sprouting flowers and plants. We are starting to see more and more lawmakers and stakeholders in the Texas capitol hallways these days as the life cycle of ideas, to bills, to laws begins again. These ideas may not have roots and leaves and chlorophyll to help them grow and thrive, but that is why champion gardeners are being recruited to water them and weed them. If you want to lend your green thumb to make ideas into laws, then now is the time to act.
Committee Hearing Alert!
The Senate Committee on Criminal Justice, chaired by Senator Pete Flores (R-Pleasanton), has scheduled two days of public hearings next week on May 4 and May 5 at the Texas Capitol at 9am to discuss its interim charges. Below is a summary of the agenda items.
Monday, May 4, 2026: Contraband, Reserve Officers, and Monitoring Legislation
- Contraband in Prisons: The committee will evaluate the link between contraband and inmate deaths and overdoses. It will focus on leveraging new technologies to eliminate contraband entering prisons.
- Reserve Peace Officer Regulation: The committee wants to do a deep dive into the use of reserve officers across Texas. The goal is to ensure these officers prioritize the departments that issue their commissions.
- Legislative Monitoring (89th Legislature): The committee will review the implementation of AI-related bills and the sex doll bill.
- SB 20, which created criminal offenses for the possession, promotion, or production of obscene material that appears to depict a child
- SB 441, which established criminal and civil liability for “artificial intimate visual material” and sexually explicit media
- SB 1621 regarding the prosecution of sexually explicit material involving computer-generated children or other persons to ensure no gaps exist in the law
- HB 1443, which criminalized the promotion or possession of child-like sex dolls.
Tuesday, May 5, 2026: Juvenile Justice and Insanity Acquittals
- Addressing Juvenile Violence: The committee wants to discuss the rise in juvenile violence in the community and in jails. Members also want to hear about the effectiveness of juvenile diversion programs and whether determinate sentences for all “3g” violent juvenile offenders would increase public safety. The Harris County District Attorney’s Office will provide invited testimony for this charge.
- Insanity Acquittals and Public Safety: The committee is going to look into Health and Human Services Commission (HHSC) policies regarding violent offenders (murderers, robbers, rapists) found not guilty by reason of insanity (NGRI). Members want to provide more public safety from these individuals after some high-profile crimes by NGRI defendants. The Travis County and Harris County District Attorney’s Offices will provide invited testimony for this charge.
If you are interested in these charges and want your voice heard in front of the Criminal Justice Committee, please make plans to attend and reach out to Hector Valle (hector.valle@tdcaa.com). We can assist you in your journey to the Capitol.
Illegal Entry
SB 4, which passed the Texas legislative process back in 2023, allows law enforcement to arrest individuals who enter Texas directly from a foreign nation at any location other than a lawful port of entry. It also allows magistrates to order the offender to return to his country of origin at his initial appearance and dismiss the Class B charge. It would be the first of its kind to allow state law enforcement officials to enforce immigration laws—if it ever goes into effect, that is.
The law has been in legal limbo as it has been challenged for its constitutionality for the last few years. However, on Friday, April 24, 2026, the Fifth Circuit Court of Appeals dismissed the suit against the law and lifted the injunction that kept it from going into effect. The Court did not rule on the merits but instead ruled that the plaintiffs, including El Paso County and advocacy groups, did not have standing. (Look for more commentary on this opinion in this upcoming Friday’s case summaries).
What does that mean for prosecutors and law enforcement? The court’s ruling is scheduled to go into effect on May 15, 2026, after a 14-day window to file a petition for rehearing along with the seven days that the clerk has to issue the formal mandate. The plaintiffs can still put together an appeal or a new lawsuit in hopes of another injunction. If the law goes into effect, then the first arrest under this law will likely draw intense media coverage and a slew of legal challenges. The defendant will likely have the required standing to challenge the law and will be supported by advocacy groups. We discussed the implications of this proposed law back in December 2023, please see our summary of SB 4 to refresh your memory.
TDCJ Customer Service Survey
The Texas Department of Criminal Justice is conducting its required Customer Service Survey to gather feedback from key stakeholders on facilities, staff interactions, communication, online resources, complaint processes, and overall service. As key stakeholders, prosecutors’ input will help the agency improve how it serves your communities. The survey link can be found at https://forms.cloud.microsoft/g/s61kxrw6ny. The deadline for responding is May 8. TDCJ appreciates your feedback.
Announcement
It’s award season at TDCAA! If you know of someone within the greater TDCAA membership who is deserving of recognition, visit our website for information on how to nominate them for an association award.
Quotes
“Texas’s right to arrest illegals, protect our citizens, and enforce immigration law is fundamental. This is a major victory for public safety and law and order.”
—Texas Attorney General Ken Paxton, regarding the victory at the Fifth Circuit that allows the enforcement of Senate Bill 4.
“It’s important to recognize that under current law, the Legislature cannot, merely by passing a bill, grant to the Attorney General prosecutorial authority that the Texas Constitution expressly assigns to district attorneys.”
—State Senator and Democrat Attorney General candidate Nathan Johnson, (D-Dallas) answering questions about the role of the AG’s office.
“The Texas Attorney General, with some clearly defined statutory exceptions, is a civil law authority, and it needs to stay that way. On those limited occasions when criminal justice matters arise, a Texas Attorney General who is doing his job will make sure to have solid relationships with local district attorneys across the state to advance any agenda involving criminal justice. That’s not just me saying that — it’s what the Texas Constitution requires.”
—Joe Jaworski, former Galveston Mayor and Democrat Attorney General candidate, answering question about the role of the AG’s office.
“He was fast. When you look at it on tape, it’s almost like a blur—but it was amazing because as soon as they saw that, you could see them draw their guns. They were so professional.”
–President Donald J. Trump praising the efforts of law enforcement after a gunman stormed the White House Correspondents’ Dinner.