It is the end of August and Texas lawmakers, after claiming they were never getting back together, got over their bad blood and passed laws together. However, both sides saw red as they debated abortion pills, bathroom bills, and ivermectin—each side claiming the other side was the anti-hero. It was a debate that they all know too well. With 15 days left in the special session, will there be a proposal on the remaining bills that both sides can accept and live in wonderland like Taylor and Travis? 

Bills on the move

It appears that there will be new laws coming out of this second special session. Here is where things stand on bills we have been following for you.

HJR 1 by Matt Shaheen (R-Plano) proposes a constitutional amendment granting the Office of the Attorney General (OAG) concurrent jurisdiction with each county or district attorney to prosecute election crimes. This direct attempt to supersede the Stephensopinion regarding separation of powers failed to secure the required two-thirds vote from the entire House and is dead for now. 

HB 15 by Representative Cole Hefner (R-Mt. Pleasant) passed out of the House this week. It requires law enforcement agencies to create a “G-file” for its employees, which would consist of any unsubstantiated allegations and complaints that did not result in disciplinary actions. This file would still be subject to the Code of Criminal Procedure Article 39.14 obligations but would not be subject to open records laws. Substantiated misconduct complaints, commendations, awards, or periodic evaluations would be part of the officers’ personnel files and still be subject to open records law. This bill now heads to the Senate, which has already passed a companion version (SB 15, described below).

HB 16 by Representative Jeff Leach (R-Plano) is the Second Special Session’s omnibus judicial courts bill. It creates new courts, new district attorney offices, new punishment enhancements, and various other changes. Importantly, the bill includes a new reporting requirement for local prosecutors regarding some bail provisions and the resources prosecutors have on hand to carry out their work. The bill passed the House and the Senate and is awaiting action from the Governor.

SB 6 by Perry (R-Lubbock) bans most forms of THC. This is the same bill Governor Abbott vetoed. The bill has passed through the Senate but has not had a House hearing. 

SB 11 by Parker (R-Flower Mound) creates an affirmative defense to prosecution for certain victims of human trafficking and compelling prostitution. This bill was vetoed by the Governor in the regular session for being too broad. The new version is narrower but also more complicated. SB 11 passed the Senate and the House and is now on the Governor’s desk. 

SB 12 by Hughes (R-Mineola) gives OAG the authority to unilaterally prosecute Election Code crimes. SB 12 passed out of the Senate and the House and is headed to the Governor’s desk. The bill does not solve the constitutional issue highlighted by the Court of Criminal Appeals’ Stephens opinion, but proponents appear to be banking on a different court make-up taking care of that thorny problem.

SB 13 by Mayes (R-Galveston) prohibits local governments from sending money to local associations that advocate on their behalf at the Texas Legislature, unlike any other private organizations or businesses in Texas. This bill could directly affect TDCAA’s legislative efforts, although that depends entirely on the final version of any legislation. The bill has passed through the Senate but has not had a House hearing. 

SB 15 by King (R-Weatherford) is the companion to HB 15 relating to law enforcement personnel files. The bill was defeated by Representative Joe Moody (D-El Paso) when he raised a point of order, which is a parliamentary procedure that can kill bills on a technicality. Moody argued successfully that the bill’s subject matter is not included in Governor Abbott’s agenda for the second special session. Consequently, the bill was sent back to a committee, and the Governor revised the agenda. Therefore, SB 15 may come back to the House floor, or the Senate might pass the House version. There are still 15 days left for this bill to make it into law one way or another.

SB 16 by West (D-Dallas) creates new criminal offenses for Real Property Theft and Real Property Fraud (also known as title theft or deed fraud). This bill passed the Senate and the House and is now on the Governor’s desk. 

Legislative Update Courses

Are you wondering what the Texas Legislature did for you this past legislative session? Are you wondering how you can learn about all the new prosecutorial tools that will help you see justice done? Well, wonder no longer. We wrote the book, have posted the online CLE course on our website, and have scheduled several live CLE events for those who prefer that option.
Click here for the combo pack that includes the book and the online course.
Click here to sign up for one of our in-person courses. We’ll be coming to Fort Worth, San Antonio, and Round Rock, with one more bonus offering to be announced soon!

Quotes

“Two things can be true: We must protect law enforcement, and we must ensure families and complainants have access to the truth. That’s the balance my amendment to HB 15 delivers.”

—Representative Don McLaughlin (R-Uvalde) discussing the need for his amendment to HB 15, which allows victims of alleged police misconduct, or their immediate family if they are dead, to view G-files related to the case following its investigation but not be able to duplicate the records. HB 15 passed the House along with the amendment.

“So the AG’s office, in a power grab, in violation of the constitution, wrote their own legislation, in a way to maximize his [Paxton’s] authority.”

—Representative John Bucy (D-Austin) arguing that Senator Hughes represented that the Attorney General’s Office wrote SB 12 to give his office prosecution powers that violate the separation of powers provision of the state constitution.

“I am proud to endorse Chip Roy for Attorney General of Texas. As my very first chief of staff, Chip has been a close friend and ally of mine for over 12 years. We have been in more fights together than I can count, and I know Chip will always, always, always fight for conservative values.”

—United States Senator Ted Cruz endorsing Congressman Chip Roy for Texas Attorney General.

“One of the most frequent questions Texans ask me is: ‘Ken, who should succeed you as Attorney General?’ My answer is now definitive: Aaron Reitz.”

          —Attorney General Ken Paxton endorsing his former First Assistant, Aaron Reitz, for Texas Attorney General.