New Committee Listings Alert! See below.
Plenty of Easter eggs for prosecutors this past week as they searched the Capitol halls for good and bad legislation. The Legislature takes an Easter break with less than 50 days left in the legislative session, adjourning today and not returning until Tuesday. House members will need time away from each other to recover from the battle over education savings accounts (ESAs). Let’s hope the Easter bunny will be good to the lawmakers and the sugar high will get them through the last few weeks.
Prosecutors at the Texas Capitol
There were several prosecutors at the Capitol this week testifying in favor of and against different bills.
Montgomery County District Attorney Brett Ligon, Galveston County Criminal District Attorney Jack Roady, and Dallas County Assistant Criminal District Attorney Jason Hermus testified in favor of SB 2797, which requires reciprocal discovery from criminal defense attorneys. (More about that bill below.)
Brazos County District Attorney Jarvis Parsons testified in favor of HB 1871, which would increase the punishment for attempted capital murder of a peace officer.
Galveston County Criminal District Attorney Jack Roady and 106th Judicial District Attorney Philip Mack Furlow testified against HB 3362, and 8th Judicial District Attorney Will Ramsay and Chambers County Assistant District Attorney Eric Carcerano joined in to testify against HB 3664. Both bills would change the grand jury system in Texas to require that prosecutors alert and provide discovery to any target of a grand jury investigation before he testifies and record the full proceedings, while HB 3664 would also bar some re-presentations, not allow the State to proceed with witness testimony unless the witness has an attorney or decides against retaining counsel, and impose new training requirements for grand jurors. Both bills were left pending after testimony wrapped up around 12:30 a.m. Wednesday morning.
Walker County Criminal District Attorney Will Durham testified in favor of HB 3507, which increases the punishment range for habitual theft offenders.
Dallas County Assistant Criminal District Attorney Jessica Trevizo testified in favor of HB 285, which addresses the prosecution of cockfighting.
Dallas County Assistant Criminal District Attorney Jenni Morse testified in favor of HB 3358, which redefines the term “emergency service provider” to include those who offer post-emergency response services. The new definition now includes attorneys, investigators, and other staff members affiliated with district attorneys’ offices as part of this group, acknowledging their role in crisis management and support services.
Dallas County Assistant Criminal District Attorney Alicia Patterson testified in favor of HB 2348, which would allow prosecutors to take depositions of elderly witnesses and to play the deposition during trial.
Dallas County Assistant Criminal District Attorney Cynthia Garza testified in favor of HB 2698, which would require a court to appoint an attorney for an indigent defendant for a writ of habeas corpus.
Montgomery County Assistant District Attorney Carmen Morales testified against HB 2771, which would expand the ability of convicted felons who commit certain crimes to possess a firearm.
All the prosecutors did an excellent job testifying. It is almost like they have experience advocating in front of an audience. If you or someone from your office testifies in a committee hearing this session, let us know so we can share your good work with other TDCAA members!
Discovery legislation
Senate Bill 1124 by Huffman (R-Houston) passed out of the Senate and has been referred to the House Criminal Jurisprudence Committee. This legislation has been labeled “the Heath fix,” as the bill attempts to end the unfair gamesmanship occurring in the wake of the Heath opinion by clearing up some ambiguities in Code of Criminal Procedure Art. 39.14, encouraging pretrial resolution of discovery disputes before trial, and limiting a court’s ability to suppress “Heath evidence” absent bad faith by the disclosing party or incurable prejudice to the receiving party. The companion bill is HB 3330 by Cook (R-Mansfield), which is also awaiting a hearing by the House Criminal Jurisprudence Committee.
Senate Bill 2797 by Creighton (R-Conroe) passed out of the Senate Criminal Justice Committee and is headed to the Senate Floor. The reciprocal discovery bill would change the way that criminal law is practiced in Texas. It would require defense attorneys to turn over witness names, witness statements, and other exhibits that will be used in criminal trials. If passed, it will end “trial by ambush” that most prosecutors are accustomed to handling.
“Regional DA” bill to be heard next week?
We don’t have a crystal ball to tell us what bills will be posted for hearings after the Easter break, but we think we know one bill that will: HB 4803 by Spiller (R-Jacksboro), which would create four “regional DAs” for certain parts of the state (map available here) who would have the power to take any criminal case from any local CA or DA in their large, multi-county regions and prosecute it (or not prosecute it, as the case may be). That bill was scheduled to be heard in the House Judiciary Committee this past Wednesday but fell victim to the House floor debate on ESAs, buying potential opponents more time to organize against it before it likely reappears on next week’s meeting notice. We know waaaaaaay more about this bill than we can share publicly. If you are interested in engaging with the legislature on this novel re-imagining of 21st-Century prosecution in Texas, please read the bill for yourself and then contact Shannon or Hector for the scoop.
State budget process goes dark
Now that both chambers have passed different versions of the next State Appropriations Act (SB 1 by Huffman/Bonnen), the bill goes to a conference committee to resolve their differences. The Lite Guv has chosen the Senate fighters conferees: Sens. Huffman (R-Houston) (chair), Creighton (R-Conroe), Kolkhorst (R-Brenham), Nichols (R-Jacksonville), and Schwertner (R-Georgetown). The House Speaker has also made his selections: Reps. Bonnen (R-Friendswood), M. Gonzalez (D-San Elizario), Orr (R-Itasca), Kitzman (R-Pattison), and Walle (D-Houston). These 10 legislators will now fight for their respective chamber’s priorities in a process of horse-trading and log-rolling that takes place behind closed doors. They will emerge in a few weeks like Punxsutawney Phil to predict the next two years of bleak fiscal winter or sunny springtime support. Your mileage may vary depending on what you are hoping for, so check back in a month to learn the final forecast!
Upcoming floor debates
Bills scheduled for debate on the House floor next week include HB 1644 to legalize fentanyl strips, HB 2596 to authorize protective orders for victims of certain burglary offenses, HB 2216 to limit state interventions in cases of alleged abuse or neglect of children, and HB 503 to expand eligibility for SB 22 rural law enforcement grants to counties with a population below 400,000. For all the bills posted for debate on the House floor next week, click here.
Bills eligible for debate on the Senate floor next week include SB 552 barring illegal aliens from eligibility for community supervision, SB 1065 by Hall allowing LTC holders to carry a handgun at the State Fair or similar events, SB 1868 re-criminalizing kratom, and SB 2743 to disqualify local prosecutors from election fraud prosecutions and replaced them with the OAG. For all the bills posted for potential debate on the Senate floor next week. click here.
Upcoming committee hearings
The Texas Legislature has taken its Easter break and did not post many committee hearings as of the time of this writing. However, we will send out another update to announce all the committee hearings for the coming week when they are available. Please check your email and our website for updates.
Tuesday
Senate Criminal Justice: 8:00 a.m., E1.016
SB 127 Hall: Relating to the offense of failure to report child abuse or neglect by certain professionals and the statute of limitations for that offense.
SB 456 Middleton: Relating to the purchase or sale of human organs.
SB 482 Alvarado: Relating to increasing the criminal penalties for assault and harassment against employees or agents of a utility and committed in a disaster area or evacuated area.
SB 659 Schwertner: Relating to the punishment for the offense of smuggling of persons through the use of government resources.
SB 739 Kolkhorst: Relating to the definition of authorized peace officer for purposes of laws governing the installation and use of tracking equipment and access to certain communications.
SB 816 Huffman: Relating to authorizing the disclosure of certain electronic customer data by a provider of an electronic communications service or a remote computing service in certain immediate life-threatening situations.
SB 1234 Hancock: Relating to committing the criminal offense of endangering a child, elderly individual, or disabled individual by engaging in certain conduct involving a controlled substance listed in Penalty Group 1-B.
SB 1666 Zaffirini: Relating to the payment of restitution by a person released on parole or to mandatory supervision.
SB 1886 Sparks: Relating to the execution of a search warrant for taking a blood specimen from certain persons in certain intoxication offenses.
SB 1980 Hall: Relating to increasing the criminal penalty for the offense of assault committed against certain public servants and to the prosecution of the criminal offense of interference with public duties of those public servants.
SB 2580 Hancock: Relating to the definition of a designated law enforcement office or agency for purposes of certain laws governing the installation and use of tracking equipment and access to certain communications.
SB 2611 West: Relating to the status of certain documents or instruments concerning real or personal property.
SB 2693 Perry: Relating to the role of advocacy and support groups in the juvenile justice system.
SB 2776 Hinojosa: Relating to the disclosure of certain information by the Texas Juvenile Justice Department.
House Criminal Jurisprudence: 10:00 a.m., E2.014
HB 867 Jones: Relating to the dismissal of a criminal case by the attorney representing the state.
HB 1347 Turner: Relating to the prosecution of the offense of exploitation of a child, elderly individual, or disabled individual.
HB 1801Bhojani: Relating to the definition of authorized peace officer for purposes of governing the installation and use of tracking equipment and access to certain communications.
HB 1820 Bowers: Relating to the expunction of arrest records and files when a grand jury fails to find that probable cause exists to believe the alleged offense was committed.
HB 2197 Money: Relating to the protection of an unborn child’s rights and criminal liability and justification for prohibited conduct.
HB 2617 Anchia: Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.
HB 3110 Perez: Relating to civil asset forfeiture of digital currency or other similar property.
HB 3166 Cook: Relating to the authority of a court to grant a commutation of punishment and to victims’ rights regarding a motion to grant a commutation.
HB 3330 Cook: Relating to discovery in a criminal case. (Heath fix)
HB 4237 Hayes: Relating to appeals from a justice or municipal court.
HB 4342 Cook: Relating to the admissibility of certain hearsay statements in the prosecution of certain sexual or assaultive offenses committed against a child or person with a disability.
HB 4629 Moody: Relating to jury instructions regarding parole eligibility for certain felony offenses that are not eligible for parole.
HB 4933 Curry: Relating to the disposition of a seized weapon belonging to a person who is not prosecuted or convicted for an offense involving the weapon.
HJR 148 Cook: Proposing a constitutional amendment authorizing the legislature to enact laws providing for a court to grant a commutation of punishment to certain individuals serving a term of imprisonment.
Licensing and Administrative Procedures: 10:30 a.m., E2.016
HB 1382 Virdell: Relating to a prohibition on weather modification and control.
HB 3945 Bumgarner: Relating to the licensing and regulation of massage therapy and other programs administered by the Texas Department of Licensing and Regulation.
House Subcommittee on Family and Fiduciary: 2:00 p.m., E1.014
HB 782 Thompson: Relating to the transfer of a protective order
HB 2288 Dutton: Relating to an affirmative defense by the respondent to an application for a protective order
HB 4696 Garcia: Relating to the remote participation of certain persons in a proceeding for the issuance or modification of a protective order
Wednesday
House State Affairs: 8:00 a.m., JHR 140
HB 1907 Paul: Relating to a prohibition on governmental contracts with Chinese companies for certain information and communications technology.
HB 3439 Guillen: Relating to the office of the attorney general with respect to the installation and use of tracking equipment and access to certain communications.
HB 5138 Shaheen: Relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.
House Judiciary and Civil Jurisprudence: 8:00 A.M., E2.030
HB 2799 Dutton: Relating to the exclusion of certain cases from judicial statistics reporting, court performance measures, or other efficiency reporting by the Texas Judicial Council.
HB 5060 Leach: Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.
HB 5080 Leach: Relating to confidentiality of certain information of a county, court, or the Office of Court Administration of the Texas Judicial System employees and family members.
HB 5081 Leach: Relating to the protection of personal identifying information of certain persons in the judicial system.
HB 3964 Vasut: Relating to common law public nuisance claims.
HB 4803 Spiller: Creation of Regional District Attorneys for the Northeast Texas, Central Texas, Southeast Texas, and South Texas Regions
HB 4260 Bumgarner: Relating to a prohibition on the practice of law in certain courts by a county commissioner or a county judge
House State Affairs: 8:00 a.m., JHR 140
HB 1907 Paul: Relating to a prohibition on governmental contracts with Chinese companies for certain information and communications technology.
HB 3439 Guillen: Relating to the powers and duties of the attorney general with respect to installation and use of tracking equipment and access to certain communications.
HB 5138 Shaheen: Relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.
House Subcommittee on Juvenile Justice: 8:00 a.m., E1.010
HB 3442 Reynolds: Relating to approved court-ordered alcohol awareness programs.
HB 5525 Jones: Relating to parole guidelines and procedures for inmates convicted of an offense committed when younger than 18 years of age.
HB 5561 Money: Relating to the diversion of certain foster youth from the juvenile justice system, including through emergency behavior intervention by foster care services.
House Homeland, Public Safety, Veterans:10:30 a.m., E2.016
HB 1455 Jones: Relating to the collection and reporting of information regarding mental health jail diversion.
HB 1777 Morales: Relating to a designation on a person’s driver’s license or personal identification certificate that the person is a registered sex offender.
HB 2136 Bhojani: Relating to design and use of a model criminal citation.
HB 2609: Bernal: Relating to prohibiting the denial of a driver’s license renewal for failure to appear in court, failure to pay a fine or cost, or failure to satisfy a judgment.
HB 3552: Hefner: Relating to criminal conduct involving the theft or unauthorized possession of copper or brass and to the sale of copper or brass material to metal recycling entities.
HB 3846 Louderback: Relating to the authority of a reserve peace officer.
HB 4155 Manuel: Relating to the creation of a family violence criminal homicide prevention task force.
HB 4879 King: Relating to the creation of a grant program to assist local law enforcement agencies in testing certain substances suspected of containing delta-9 tetrahydrocannabinol.
HB 4995 Wilson: Relating to the carrying of handguns by tactical medical professionals while on duty providing support to tactical units of law enforcement agencies.
HB 5014 Isaac: Relating to the rights of special forces veterans who hold a license to carry a handgun.
HB 5139 Guillen: Relating to less-lethal force weapons, including a defense to prosecution for certain offenses involving the use of a less-lethal force weapon by a peace officer.
HB 5228 Ward Johnson: Relating to the collection of certain incident-based data reported to the Texas Commission on Law Enforcement.
Thursday
House Subcommittee New Offenses and Changed Penalties: 8:00 a.m., E2.014
HB 108 Plesa: Relating to the use of metal or body armor while committing an offense.
HB 1255 Toth: Increasing the criminal penalty for offenses committed by a professional who is required to report child abuse or neglect and against a child under the care of that professional.
HB 1509 Hickland: Relating to the offense of failure to stop or report aggravated sexual assault of a child.
HB 1572 Campos: Relating to mail theft and certain criminal offenses committed against an employee or contractor of a common carrier or delivery service delivering mail.
HB 1720 Gervin-Hawkins: Relating to the creation of the criminal offense of trespass in a facility housing an animal and to restitution for property damage resulting from that trespass.
HB 2113 Reynolds: Relating to the creation of the criminal offense of hindering the investigation or prosecution of certain sexual offenses committed against a child.
HB 2181 Shaheen: Relating to increasing the criminal penalty for certain conduct constituting the offense of solicitation of prostitution.
HB 2590 Olcott: Relating to the punishment for the offense of indecent exposure.
HB 2593 Metcalf: Relating to increasing the criminal penalty for the offense of indecent assault against a disabled or elderly individual.
HB 3061 Oliverson: Relating to enhancing the punishment for committing certain criminal offenses while disguised or masked.
HB 3167 Cook: Relating to the prosecution and punishment of the criminal offense of organized retail theft.
HB 3189 Kerwin (F): Relating to increasing the criminal penalty for certain conduct constituting the offense of trafficking of persons.
HB 3425 Capriglione: Relating to the prosecution of certain criminal offenses involving the unlawful disclosure of a residence address or telephone number.
HB 4414 Alders (F): Relating to certain criminal offenses involving mail or a mail receptacle key or lock.
House Transportation: 8:00 a.m., E2.010
HB 2462 Leach: Relating to the use of a high occupancy vehicle lane by an operator of a motor vehicle who is pregnant.
HB 2621 Meyer: Relating to the recording and archiving of live video feed by the Texas Department of Transportation.
HB 3539 Harris Davila: Relating to the use of a high occupancy vehicle lane by an operator of a motor vehicle who is pregnant.
HB 4706 Paul: Relating to the applicability of certain pedestrian laws to certain sidewalk users
House Elections: 10:30 a.m., E2.012
HB 5337 Isaac: Relating to requiring a person to submit proof of citizenship to register to vote.
Friday
House State Affairs: 8:00 a.m., JHR 140
HB 5082 Leach: Relating to municipal and county enforcement of drug laws.
HB 5510 Leach: Relating to abortion, including civil liability for distribution of abortion-inducing drugs, and to the destruction of certain property.
Help preserve PSLF
The National District Attorneys Association (NDAA) and the National Association of Prosecutor Coordinators (NAPC) need your help to preserve prosecutors’ eligibility for student loan relief under the federal Public Service Loan Forgiveness (PSLF) program in the wake of the impending closure of the U.S. Department of Education. Please consider completing this online survey ASAP (but only once per office) to help those groups prepare for hearings in Washington, D.C., on that topic at the end of April:
PSLF Program Survey for Local Prosecutors’ Offices
The TDCAA office will be closed for Good Friday. Have a wonderful Easter weekend!
Quotes of the week
“I just wanted to welcome you to the Committee on Government Inefficiency.”
—Representative Joe Moody (D-El Paso) welcoming Rep. Gio Capriglione (R-Fort Worth), chairman of the House Committee on Delivery of Government Efficiency (DOGE), to the House Criminal Jurisprudence Committee as the hearing went past midnight.
“You guys may have heard the old adage [that], you can indict a ham sandwich, and I think that right there is the problem. You truly can indict a ham sandwich. And fortunately, a lot of the ham sandwiches in this state have looked like Governor Rick Perry or Kay Bailey Hutchison or Robert Chody or Jason Nassour or Daniel Perry here in Austin.”
—Representative Mitch Little (R-Lewisville) discussing perceived issues with the grand jury system as he laid out his HB 3362.
“Thank you, Mr. Speaker. Members, I’m gonna do my best to remain calm, but it’s hard for me to put into words how outraged I am about this amendment. And over my dead body will this body take the time and effort and energy and resource[s] to honor her.”
—Representative Brian Harrison (R-Midlothian) attempting to keep the Texas House from honoring the late Cecile Richards, daughter of Governor Ann Richards and former president of the Planned Parenthood Federation of America. The members debated the matter for several hours before all memorial resolutions for that day were withdrawn, after which all House bills on the Local and Consent Calendar were also withdrawn, both of which indicate significant disfunction in the House following the passage of the controversial ESA bill.
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