Texas lawmakers have plenty of reasons to feel thankful. Number one would be to give thanks that they are not in session. They can also give thanks that they can now focus on their reelection campaigns. Some can give thanks for all the constitutional amendments that the voters passed. Other lawmakers can give thanks that their hemp ban, which was vetoed by Governor Abbott and did not pass during any of the special sessions, was just resurrected by the federal bill that reopened the government. Let’s dig into this big drumstick of the November legislative update.
Constitutional Amendments go live
Every single one of the proposed Texas constitutional amendments was passed by voters. If you are a regular reader, then you already knew that would happen and you impressed all your friends by calling it. Now the tricky part is when do these amendments become the law of the land? An amendment approved by voters is effective on the date of the official canvass of returns showing adoption, and the date of canvass, by law, is not earlier than the 15th nor later than the 30th day after the election. Election Day was November 4, 2025, and by our calculations that means that all of the amendments will be live by December 4, 2025. This includes Proposition 3 (S.J.R. 5), by Huffman, which allows judges to deny bail to people accused of certain violent crimes committed on or after that canvass date, so be sure to keep checking the Secretary of State’s website for the latest information. If you are interested in the other constitutional amendments, then this white paper by the Texas Legislative Council is a good resource.
Consumable Hemp Ban: Will they or won’t they?
The Texas legislators who went away dejected after their consumable hemp ban was vetoed by Governor Abbott and then again after it was left on the cutting room floor of the special sessions were given a lifeline when the federal government reopened. Earlier this month, Congress passed and President Donald Trump signed an extension of eight appropriations bills through January 30, 2026, three appropriations bills through the end of the fiscal year, a right of action for eight Republican senators to win millions of dollars in compensation for having their telephone logs subpoenaed, and a prohibition on permanent federal workforce firings through next year. The eight Senate Democrats who broke party lines realized that the shutdown’s value had exceeded the pain of their own constituents and that a guarantee of a December vote on health insurance subsidies was the only tangible win available for them. The new legislation also included a significant change to the federal definition of hemp and closed the loophole in the 2018 Farm Bill for “intoxicating hemp products.” The result is a near total federal ban on most hemp products. That would make most hemp-derived cannabinoid products on the market illegal one year after the bill was enacted, which according to our math would be November 12, 2026.
What does all that mean for state prosecutors? Nothing, for now. Even if the law goes into effect on November 12, 2026, it is a federal law. However, the hemp lobby should not be underestimated. U.S. Representative Nancy Mace already filed a bill to void the proposed federal hemp ban. We will keep you posted if anything changes, which it will, and round and round we will go.
Attorney General Campaign
Campaign season for the statewide office of the Texas Attorney General is in full swing. Recently, three of the Republican candidates participated in a forum where they discussed their vision for the office. The Attorney General’s Office and local prosecutors have a long history of working together on different matters. That relationship brought about a five-minute discussion of how the candidates would handle prosecutors who do not enforce state laws, and the candidates’ responses can be seen here. We will do our best during campaign season to bring you any interesting debates in any races that discuss prosecutors and the future of the criminal justice system.
Investigator Conference
Registration is now open for our incredibly popular Investigator Conference in Conroe. This conference is perfect both for investigators new to a prosecutor’s office as well as seasoned veterans. It is a powerful opportunity to have your investigators trained on a variety of topics like motor vehicle theft, elder fraud, human trafficking, gang prosecution, and many other topics helpful to all jurisdictions. This conference will ensure your investigators are more effective members of your trial teams, so please consider sharing that registration link above with them.
Quotes
“There is a distrust now that exists between local law enforcement and the Attorney General’s office. That has been kind of percolating there for a long time, really over a decade.”
—Senator Joan Huffman and candidate Attorney General during an Attorney General candidate debate.
“I urge you, therefore, to investigate efforts by entities purporting to illegally enforce Sharia law in Texas. Legal disputes in Texas must be decided based on American law rooted in the fundamental principles of American due process, not according to Sharia law dispensed in modern day star chambers.”
—Governor Greg Abbott in a letter to North Texas district attorneys, sheriffs, and the Texas Attorney General to investigate “Sharia tribunals masquerading as legal courts.”
“Law and order is important. It’s important in our big cities and it’s important in our rural areas, and so we recognize that, and that’s why these funds are flowing and these grants are being provided.”
—Acting Texas Comptroller Kelly Hancock discussing Wichita County’s participation in the Rural Law Enforcement Grant Program created by Senate Bill 22 during the 88th Legislative Session.