The 89th Legislative Session passed its halfway point and just like a roller coaster ride, the way down is the scariest. Put your hands up in the air and scream as lawmakers attempt to pass a budget and all the new laws! Buckle up, it is going to get bumpy!
NEW COMMITTEE MEETINGS ALERT! See below!
The Calendar Committee
The Texas House of Representatives uses a system of calendars to organize bills that have passed the committee stage. The House Calendars Committee and Local & Consent Calendars Committee are responsible for determining which bills make it to the House floor and on which calendar they are placed. The placement and timing of a bill on a calendar is a strategic consideration that can mean the difference between a bill living or dying.
The Local & Consent Calendars Committee prepares the local, consent, and resolutions calendar, which consists of local and usually uncontested legislation such as funding local parks or water districts. The Calendars Committee prepares the daily calendar from bills that have passed their first committee hearing and been referred to the Calendars Committee for that purpose. It also oversees preparation of the daily supplemental calendar, which combines pending business from the previous day that did not make it to a final reading, and adds bills that are ready for a second reading. The Calendars Committee also determines the importance of a bill or resolution. For instance, bills on final reading and pending items get top priority. But what might be most important to know about the Calendars Committee is that it does not deliberate in public—everything happens behind closed doors, including the decisions on which bills will and will not reach the floor for a vote. That makes the members of this committee particularly important at this point in a session.
Bills are passing out of committee and headed to the Calendars Committee. It is time to contact the members you know if your bill has made it out of committee to help its chances of survival. (Or to slow down one you don’t want to survive!) The Calendars Committee consists of Chair Todd Hunter (R-Corpus Christi), Vice Chair Toni Rose (D-Dallas), Terry Canales (D-Edinburg), Stan Gerdes (R-Smithville), Cody Harris (R-Palestine), Ana Hernandez (D-Houston), Ann Johnson (D-Houston), Jeff Leach (R-Plano), Janie Lopez (R-San Benito), Ramon Romero (D-Fort Worth) and Carl Tepper (R-Lubbock).
The Calendar Committee had its first formal meeting yesterday and announced that the first bills to be heard on the House Floor will be on Tuesday, April 1, 2025. That is not an April Fool’s joke.
Mid-Session Progress Report
We are tracking over 1,700 bills out of the over 9,000 that were filed. So many good ideas. Such little time. Due to the volume, here is the status report of a few of the bigger bills that have made it from the Senate to the House. No bills have made it from the House to the Senate yet, but the House is always less organized and efficient after a change in leadership.
Referred to the House Criminal Jurisprudence Committee:
SJR 1 Huffman (R-Houston): The bill creates a constitutional amendment requiring the denial of bail for an illegal alien charged with an offense punishable as a felony.
SJR 5 Huffman (R-Houston) The bill creates a constitutional amendment authorizing the denial of bail (under limited circumstances) to a person accused of certain violent or sexual offenses or of continuous trafficking of people.
Referred to the House State Affairs Committee:
SB 3 Perry (R-Lubbock) The bill bans consumable hemp products.
SB 19 Middleton (R-Galveston) The bill bans cities and other local governments from using public funds to hire lobbyists.
Received by the House but not referred to committee yet:
SB 987 Bettencourt (R-Houston) The bill allows criminal trial courts to have authority over criminal actions regardless of the exhaustion of civil and administrative remedies.
SB 990 Bettencourt (R-Houston) The bill increases the punishment for murder if the victim is under 15 years old, as opposed to the previous age of 10.
SB 761 Hinojosa (D-Edinburg) The bill relates to rights of crime victims, including the enforcement of certain rights of sexual assault victims, authorizing a civil penalty.
SB 293 Huffman (R-Houston) The bill relates to the discipline of judges by the State Commission on Judicial Conduct as well as a 15-percent pay raise.
Senate budget is done and dusted; House budget, not so much
The only thing a legislature must do every two years is pass a budget. That is proceeding on schedule, with one hiccup in the House that we will unpack below.
This week, Senate Finance Committee Chair Joan Huffman (R-Houston) passed Senate Bill 1. Highlights of the Senate’s 989-page bill that are relevant to your offices include:
- full funding of SB 22 grants and all other current prosecutor office appropriations for another two years;
- increased funding for DFPS (Child Protective Services) functions, some Texas Juvenile Justice Department (TJJD) and Texas Department of Criminal Justice (TDCJ) and Department of Public Safety (DPS) functions, and state employee salaries (a 6-percent raise for most, with larger increases for some specific positions at TDCJ and TJJD, among others);
- a new $2 million grant to help prosecutors and law enforcement agencies pay for certain forensic science testing costs;
- $1.7 million more for judicial branch training grants (including prosecutors); and
- a rider to fund 15-percent raises for elected judges and prosecutors contingent upon the passage of SB 293 by Huffman.
The House Appropriations Committee—aka HAC (pronounced “hack”)—will take up SB 1 on Monday, swap in its preferred language, and pass that on to the full House for consideration in a few weeks. Then the House version will go back to the Senate and both sides will agree to disagree, after which they form a conference committee of reps and senators to hammer out the differences behind closed doors.
And speaking of disagreements, we had some drama in HAC earlier this week involving State Rep. Brian Harrison (R-Midlothian), a member of that committee who revels in being the fly in the House leadership ointment. (Google his name and “Beyoncé” for just one of many examples of that.) When the full HAC reviewed subcommittee recommendations this week, Rep. Harrison kept trying to call points of order—aka POOs (pronounced … well, yeah, you can figure that one out), which are the legislative equivalent of a court objection—for not following House rules. The upshot of that kerfuffle was that some House committee chairs are now taking a more formal, rules-heavy approach to their hearings, which slows down the overall process and puts additional mileage on everyone’s odometer of patience!. Rep. Harrison then doubled-down on his rule scrupulosity earlier today by insisting on a roll call vote for some ceremonial functions, resulting in the House lacking a quorum to conduct business and causing an immediate adjournment. That means that House members must return to the floor Saturday morning and establish a quorum so they can officially adjourn until Monday. Consider all of this to be more tinder for the eventual spark that many observers think will burn down this session’s work at some point.
How the sausage gets made
There is still time to advocate for the bills that will help you see justice done. TDCAA serves as your eyes and ears at the Texas Capitol, but legislators need to hear your voice. We have a rotating schedule of volunteer slots for elected prosecutors or their designees to come to Austin to be a part of the legislative process. The last day of the session is June 2. Please contact Hector for more details.
Upcoming Committee Meetings
Monday, March 31, 2025
Senate State Affairs: 9:00 a.m., Senate Chamber
SB 517 Middleton: Relating to criminal offenses applicable to and authorized uses of gambling devices, including eight-liners.
House Subcommittee on County Government: 10:00 a.m., E2.028
HB 1845 Orr: Relating to the use of funds from the rural prosecutor’s office salary assistance grant program.
HB 2529 Dean: Relating to the annual state salary supplement for certain county judges.
House Pensions/Investments/Financial Services: 10:00 a.m., E2.012
HB 3014 Lambert: Relating to the creation of the offense of fraudulent use or possession of a gift card or gift card redemption information.
HB 3109 Perez: Relating to the operations of the Financial Crimes Intelligence Center.
Tuesday, April 1, 2025
Senate Criminal Justice: 8:00 a.m., E1.016
SB 476 Middleton: Relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.
SB 664 Huffman: Relating to qualifications, training, removal, and supervision of certain masters, magistrates, referees, associate judges, and hearing officers.
SB 745 Kolkhorst: Relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.
SB 826 Parker: Relating to the operation of a motor vehicle in a school crossing zone while intoxicated; increasing a criminal penalty.
SB 989 Bettencourt: Relating to criminal history record information for certain master, magistrate, referee, associate judge, or other court official applicants appointed or employed to serve in a state court.
SB 1080 West: Relating to the issuance of a provisional occupational license to certain applicants with criminal convictions.
SB 1171 Perry: Relating to compensation, leave, and physical fitness programs and standards for certain employees of the office of inspector general of the Texas Juvenile Justice Department.
SB 1320 Sparks: Relating to the establishment of the Organized Oilfield Theft Prevention Unit within the Texas Department of Public Safety.
SB 1437 Bettencourt: Relating to the eligibility of certain individuals for certification as certain juvenile officers or employees of a juvenile facility.
SB 1727 Perry: Relating to the protection and detention of a juvenile who engages in delinquent conduct or commits a felony offense while committed to the custody of the Texas Juvenile Justice Department; changing the eligibility for community supervision; redefining habitual felony conduct.
SB 1809 Flores: Relating to the creation of the offense of fraudulent use or possession of a gift card or gift card redemption information.
SB 2289 Miles: Relating to reports regarding county jail prisoners confined in out-of-state jails.
SB 2320 King: Relating to increasing the criminal punishment for certain driving while intoxicated offenses.
House Higher Education: 8:00 a.m., E2.036
HB 184 Guillen: Relating to student loan repayment assistance for certain prosecuting attorneys who are employed as part of the border prosecution unit.
House Human Services: 8:00 a.m., E2.030
HB 2665 VanDeaver: Relating to notification and disclosure of records and information concerning an investigation of a report of child abuse or neglect to county or district attorneys.
House Criminal Jurisprudence: 10:30 a.m., E2.014
HB 47 Howard: Relating to sexual assault and other sex offenses.
HB 1552 Paul: Relating to changing the name of the offense of child pornography to child sexual abuse material and to updating references to conform to that terminology.
HB 1686 Hull: Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature and to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts.
HB 1953 Thompson: Relating to rights of crime victims and the enforcement of those rights; authorizing a civil penalty.
HB 2151 Capriglione: Relating to the applicability of sex offender registration requirements to the offense of indecent assault.
HB 2355 Fairly: Relating to requests for law enforcement agency reports from the Attorney General related to crime victims’ compensation applications.
HB 2582 Hull: Relating to the rights of a victim, guardian of a victim, or close relative of a deceased victim to information regarding a defendant’s parole.
HB 2697Anchía: Relating to certain procedures in connection with a bond forfeiture.
HB 2895 Patterson: Relating to the legal justification for using force or deadly force in response to the commission or attempted commission of a violent felony.
HB 3073 Howard: Relating to the prosecution of the offense of sexual assault.
HB 3418 Morales: Relating to prohibitions on certain employment for sex offenders.
Wednesday, April 2, 2025
House Corrections: 8:00 a.m., E1.014
HB 153 Raymond: Relating to the eligibility of service members and veterans to participate in a veteran’s treatment court program.
HB 1461 Frank: Relating to the confinement or detention of certain individuals in a county jail or other facility operated by or for the county and to the compensation to the county for the costs of that confinement or detention.
HB 1760 Leach: Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of intoxication manslaughter.
HB 1762 Leach: Relating to changing the eligibility of certain persons to receive community supervision, including deferred adjudication community supervision.
HB 3261 Johnson: Relating to the eligibility of certain criminal defendants for an order of nondisclosure of criminal history record information.
House Judiciary & Civil Jurisprudence: 8:00 a.m., E2.030 NEW!
HB 1181 Raymond: Relating to the assignment of certain retired and former justices and judges.
HB 3704 Anchía: Relating to notaries public; creating a criminal offense.
HB 1363 Hernandez: Relating to implicit bias training for justices and judges of state courts, judicial officers, certain court personnel, and attorneys licensed to practice law in this state.
HB 1610 Leach: Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.
HB 1317 Schoolcraft: Relating to authorizing the attorney general to petition the chief justice of the supreme court to convene a special three-judge district court in certain circumstances.
HB 2176 Harless: Relating to the composition and duties of a court security committee.
HB 4027 Zwiener: Relating to the taking of certain depositions and the dismissal of certain civil actions in connection with allegations of family violence and abusive conduct.
HB 1664 Morales: Relating to the eligibility of certain retired or former district court judges for assignment as a visiting judge.
HB 933 Spiller: Relating to the jurisdiction of the Texas Supreme Court and the Court of Criminal Appeals.
HB 2086 Plesa: Relating to a motion for determining a plaintiff is a vexatious litigant.
Thursday, April 3, 2025
House Subcommittee on Juvenile Justice: 8:00a.m., E2.014 NEW!
HB 2947 McLaughlin: Relating to truancy; increasing a criminal penalty.
HB 3276 Noble: Relating to the eligibility of certain individuals for certification as certain juvenile officers or employees of a juvenile facility.
Senate Border Security: 9:00 a.m., E1.016
SB 36 Parker: Relating to homeland security activities of certain entities, including the establishment and operations of the Homeland Security Division in DPS.
SB 2202 Birdwell: Relating to the trafficking of a firearm to a foreign terrorist organization and to the unlawful transfer of firearms between this state and the United Mexican States.
House Subcommittee on New Offenses and Changed Penalties: 10:30a.m., E2.014 NEW!
HB 316 Perez: Relating to creating a criminal offense for interfering with a motor fuel metering device or motor fuel unattended payment terminal and the prosecution of certain organized criminal activity.
HB 353 Patterson: Relating to creating the criminal offense of trespass on or near school or day-care center property.
HB 1160 Hull: Relating to increasing the criminal penalty for the offense of assault committed against certain employees or agents of a utility and to the prosecution of the criminal offense of interference with public duties of those employees or agents.
HB 1414 Allen: Relating to the punishment for the offense of driving while license invalid.
HB 1422 Hull: Relating to the rights of victims of sexual assault and other sex offenses, the offense of continuous sexual abuse, and the prosecution and punishment of certain sex offenses; creating a criminal offense; increasing criminal penalties.
HB 1443 Schatzline: Relating to creating the criminal offense of promotion of a child-like sex doll.
HB 1713 Plesa: Relating to increasing the criminal penalty for the offense of criminal mischief involving impairment of electric vehicle supply equipment.
HB 1789 Gerdes: Relating to enhancing the criminal penalty for the offense of intoxication manslaughter in certain circumstances.
HB 1902 Cook: Relating to creating the criminal offense of jugging.
HB 2073 Hull: Relating to increasing the criminal penalty for certain violations of certain court orders or conditions of bond in cases involving family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking.
HB 2666 Virdell: Relating to the punishment for the offense of arson involving a government building.
HB 2695 Anchía: Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.
All the bills listed above can be read by clicking on the committee hyperlink. More committee hearings will be announced later today. Please check back for updates.
Quotes of the week
“It’s somewhat insulting that folks ask who wrote a bill I am carrying. Did it ever occur to you idiots that the bill was written by me.”
—State Rep. Harold Dutton (R-Houston), giving everyone a classic example of a subtweet on X.
—Representative Tony Tinderholt (R-Arlington) talking during a DOGE Committee hearing to insurance companies that admitted to hiring private investigators to investigate lawmakers.
“The allegations concerning Superior [Insurance]’s actions, such as actions that were characterized as potentially blackmailing lawmakers to secure state contracts and surveilling private citizens to avoid paying legitimate claims, are deeply troubling. I will get to the bottom of this, uncover any illegal activity, and hold bad actors responsible. Justice will be served.”
—Attorney General Ken Paxton in response to insurance companies admitting they hired private investigators to spy on members of the Texas Legislature as well as and private citizens seeking payment of medical bills.
“There is a swing back toward pragmatism on how we approach the criminal justice problem. The politics have changed.”
—Lee Kindlon, Albany County (NY) District Attorney and former defense lawyer, telling The New York Times why he and other Democratic DAs support changing that state’s draconian discovery laws that have resulted in dismissals of thousands of criminal cases.
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