DOGE asked and we responded! Here is what got accomplished this week.

State of the Judiciary speech

New Texas Supreme Court Chief Justice Jimmy Blacklock addressed a joint session of the Texas Legislature on Wednesday for his “State of the Judiciary Address.” On the judicial pay issue that many of you may be most interested in, the tone of the address was similar to his testimony before the Senate Finance Committee a few weeks ago. Highlights relevant to your business include the following:

• The chief justice commended State Sen. Joan Huffman (R-Houston) for her efforts to amend the Constitution with public safety-oriented bail reform measures (SJR 5).
• He then pivoted into some comments clearly directed at SB 293, her bill to impose new judicial accountability measures while increasing judicial pay. Specifically, the chief justice advocated for a 30-percent increase in judicial pay, as opposed to the 15 percent offered in the bill, and he made clear that he thinks the new judicial accountability provisions in SB 293 are not needed because the courts can police themselves using existing sanctions (removal, etc.).
• The chief justice reaffirmed support for allowing paralegals to represent clients in limited circumstances. (See HB 2707 by Gervin-Hawkins (D-San Antonio) for one example, which would authorize paralegals to represent clients in protective order applications and certain misdemeanor criminal cases.
• He strongly criticized the Child Protective Services (CPS) system, which he believes to need revision to “make sure [it] is not stacking the deck against the parents before the case has already begun.” He specifically urged the legislature to repeal Family Code §161.001(b)(1)(O) (termination of parental rights for failure to comply with court order) as provided by another unnamed bill that most observers think is HB 3281 by Dutton (D-Houston). That bill would repeal that ground for termination and many others, as well as increase the State’s burden in certain cases from clear and convincing evidence to evidence beyond a reasonable doubt.

There were other rhetorical flourishes sandwiched around these points, but our limited space prevents us from summarizing them. To watch the full 30-minute address for yourself, you can click this link and fast forward to the 02:47:30 mark. There is also an AI-generated searchable transcript of the address available here that might provide a quicker review for those curious about specific topics (although we cannot vouch for its accuracy). Perhaps most importantly, though, this ceremonial address from the chief justice traditionally marks the end of the beginning of a session. Now we enter the committee hearing phase.

Show your work

As legislative ideas are coming to fruition as actual bills, we can now start sharing those numbers (and hyperlinks) with you. In the DOGE spirit, here are five bills that some prosecutors are assisting lawmakers this legislative session.

Montgomery County is helping with House Bill 2594, authored by Will Metcalf (R-Conroe) which allows organized criminal activity involving theft of intangible personal property to be prosecuted in the county of the residence of the victim.

The Tarrant County CDA’s Office is supporting Senate Bill 957, authored by Senator Tan Parker (R-Flower Mound), which is intended to battle human trafficking by creating the first-degree felony offense of Continuous Aggravated Promotion of Prostitution for when two or more acts of Aggravated Promotion of Prostitution occur in a 30-day period. The Senate referred SB 957 to the Criminal Justice Committee.

The Comal County CDA’s Office is helping shepherd Senate Bill 1300, authored by Senator Pete Flores (R-Pleasanton), through the process. This bill enhances the prosecution and punishment of organized retail theft. SB 1300 clarifies that an indictment for organized retail theft needs to list only the merchant and the aggregate value of stolen items, rather than each item individually. The bill also allows the admissibility of prior theft offenses as evidence to establish intent or concerted action among defendants, it defines gift cards under “retail merchandise,” and it clarifies “merchant” as any public-facing business. The bill has been referred to the Senate Criminal Justice Committee (chaired by the bill’s author), and an identical House companion has also been filed by Rep. David Cook (R-Mansfield) as House Bill 3167.

The Travis County DA’s Office has proposed Senate Bill 487, authored by Senator Carol Alvarado (D-Houston), which would ensure victims of indecent assault and invasive visual recording can use a pseudonym similar to victims of stalking. Senate Bill 487 has been referred to the Senate Criminal Justice Committee.

The Dallas County CDA’s Office is helping with SB 816, authored by State Sen. Joan Huffman (R-Houston), which allows providers of electronic communications and remote computing services to provide customer data to governmental entities in immediate life-threatening situations that could lead to death or serious bodily injury as well as non-criminal situations such as runaways or missing persons. An identical House companion has been filed as House Bill 2177 by Rep. Sam Harless (R-Spring).

Hats off to all the prosecutors dedicating their time during legislative session to help create laws that improve criminal justice in Texas. 

Other bills on our mind

Senate Bill 3 filed by Senator Charles Perry (R-Lubbock) bans all consumable hemp products containing any form of THC without eliminating Texas’s low-THC medical cannabis program, which incorporates a 1-percent THC cap under the Compassionate Use Program. The bill effectively bans products containing delta-8 or delta-9 THC derived from hemp but still allows products containing non-intoxicating CBD. Senate Bill 3 requires manufacturers to include the amount of CBD or CBG and a certification that any other cannabinoid present in a product is not more than 0.0001 percent on a dry-weight basis.

The legislation also establishes criminal penalties, including:

•  a third-degree felony to manufacture or sell hemp products with cannabinoids other than CBD or CBG;
• aClass A misdemeanor to possess hemp products with cannabinoids other than CBD or CBG; and
• a Class A misdemeanor to ship or mail a consumable hemp product with any amount of any cannabinoid.

The bill also prohibits marketing or selling consumable hemp products to minors or near schools, making it a misdemeanor offense. Lt. Governor Dan Patrick included Senate Bill 3 as one of his priority bills because “stores not only sold to adults, but they targeted Texas children and exposed them to dangerous levels of THC.” Senate Bill 3 is set to be heard on Monday, March 3 at 9:00 a.m. in the Senate State Affairs Committee.

Senator Mayes Middleton (R-Galveston) filed Senate Bill 19 to end local governments’ ability to hire lobbyists to help them advocate for their needs at the Texas Legislature. Senate Bill 19 would prohibit local governments from hiring lobbyists with public money or paying dues to organizations that lobby on their behalf. Many local governments belong to organizations and pay membership dues used to hire lobbyists to advocate for the shared interests of their sector. The bill would also clarify that spending public funds on membership fees for nonprofit associations must comply with the new restrictions. Exceptions to these restrictions allow for certain actions by officers and employees, such as providing information to legislators and engaging in advocacy, if these actions do not require lobbyist registration.

The Texas Association of School Boards (TASB) became a target of Republicans due to its opposition to school vouchers and is the main reason for the new legislation, but it would also apply to groups like the Texas Association of Counties (TAC), the Texas Municipal League (TML), and yes, perhaps even dear ol’ TDCAA.

Senator Middleton has filed a ban on taxpayer lobbying in the last few sessions, but the bill never passed out of the House. This session seems different with Speaker Burrows (R-Lubbock) having a history of limiting local government power. Burrows championed a 2023 bill known as “The Death Star” bill that prohibited local governments from creating ordinances that were not in accordance with state law. Burrows also penned an op-ed where he called the Texas Association of School Boards a “gang” that closed schools during the pandemic. Burrows stated, “I think the people would have a stronger voice in what they really want” if the ban on taxpayer-funded lobbying was passed.

Senator Lois Kolkorst, (R-Brenham) filed Senate Bill 888, which authorizes the Office of the Attorney General (OAG) to defend district and county attorneys in federal court actions when the following criteria are met: The attorneys are defendants due to their official positions, the cause of action relates to the enforcement of state statutes, and a request for assistance is made by the district or county attorney. Senate Bill 888 aims to protect district and county attorneys for enforcing state laws and will also protect county resources by allowing OAG to use state resources to defend lawsuits that attempt to impede state law. Senate Bill 888 had a hearing this week in the Senate State Affairs Committee and was left pending in the committee, but it is expected to be approved soon.

Playing the hits

As with the ban on taxpayer funded lobbying, many bills filed this session are similar to failed bills from past sessions. That’s par for the course in a legislative process subject to the “three session rule” (so called because it often seems to take three sessions before a legislative idea makes it through the gauntlet and becomes law). If you have been in office for prior legislative sessions, then you already know to expect many of the same ol’, same ol’ proposals on certain topics. But remember—just because a bill failed last session (and the session before that, and the session before that, and so on) does not mean that this current legislature will view it as skeptically as its predecessors.

With that in mind, here are another dozen bill numbers for notable refiles this session (whether identical to past attempts or more of a variation on a past theme):

HB 624 by Thompson barring jail time as a condition of supervision for certain parents
HB 916 by Harrison mandating new tracking and reporting of asset forfeiture activities
HB 1852 by Collier authorizing a court to reduce or modify a defendant’s sentence post-conviction
HB 2172 by Harris limiting prosecutors’ ability to disclose officer misconduct allegations in discovery
HB 2772 by S. Thompson creating a “duress” defense for defendants who claim to be victims of certain other crimes
SB 846 by Hughes attempting to empower the AG to prosecute certain crimes
SB 1026 by Hughes attempting to empower the AG to prosecute certain election crimes
SB 1189 by A. Hinojosa exempting firefighters and peace officers from jury service
SB 1210 by Hughes granting SCOTX the power to review certain TxCCA decisions
SB 1367 by Hughes turning the State Prosecuting Attorney into a statewide trial prosecutor
SB 1630 by Flores reforming grand jury procedures
SJR 5 by Huffman authorizing denial of bail for certain violent or sex crimes

You can find many of these bills and others that might ring familiar on our Bills to Watch track. And remember: To read the details about any bill filed this session, visit https://www.capitol.state.tx.us/, enter the bill number for the 89(R) session in the applicable search box, click “go” or hit enter, and off you go!

Tune in next week for a similar list of new bills that we haven’t seen before but which may deserve your attention.

Committee hearing recap

The House Appropriations Committee split into its traditional subcommittees and hit the ground running this week. This session’s House subcommittee on the budget articles important to you is chaired by Rep. Mary Gonzalez (D-Clint), vice-chaired by Rep. DeAyala (R-Houston), and includes Reps. Gervin-Hawkins (D-San Antonio), J. Lopez (R-San Benito), Slawson (R-Stephenville), Villalobos (R-Corpus Christi), and Wu (D-Houston) as members. The committee met Monday through Thursday of this week and reviewed many of the same budget items as its counterparts on the Senate Finance Committee. On judicial branch funding topics, the upshot was that existing state obligations relating to current salary tiers, supplements, longevity pay, SB 22 grants, and the like all appear to be on track. However, when it comes to increasing judicial branch salaries, discussions behind the scenes have confirmed that most legislators in both chambers may be willing (for now) to defer to Sen. Huffman on that topic, which does not bode well for jurists who are not supportive of her current version of SB 293. To quote the meme from the movie Dodgeball: “It’s a bold strategy, Cotton—let’s see if it pays off for them.”

Upcoming committee hearings

Monday, March 3, 2024
Senate State Affairs: 9:00 a.m., Senate Chamber
SB 3 by Perry relating to the regulation of consumable hemp products

Tuesday, March 4, 2024
House Criminal Jurisprudence: 10:30 a.m., E2.014
The committee will hear invited testimony only from the following entities: Office of Capital and Forensic Writs, Office of the Independent Ombudsman, Texas Juvenile Justice Department, State Prosecuting Attorney of Texas, Texas Office of the Attorney General,Texas Board of Pardons and Paroles, Texas Department of Criminal Justice, and Texas Indigent Defense Commission.

House Subcommittee on Juvenile Justice: 30 minutes after adjournment of the House Criminal Jurisprudence Committee, E2.014
The Committee will hear invited testimony only from state agencies concerning updates regarding the state of juvenile justice. The agencies invited are the Advisory Council on Juvenile Services, Office of the Independent Ombudsman, Texas Juvenile Justice Department, and the Texas Juvenile Justice Board.

Senate Criminal Justice: 8:00 A.M., E1.016
SB 20 Flores, Pete: Relating to the creation of the criminal offense of possession or promotion of obscene visual material appearing to depict a child.
SB 1621 Huffman, Joan: Relating to prosecution and punishment of certain criminal offenses prohibiting sexually explicit visual material involving depictions of children.
SB 412 Middleton, Mayes: Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.
SB 441 Hinojosa, Chuy: Relating to civil liability for production, solicitation, disclosure, or promotion of artificial intimate visual material.
SB 442 Hinojosa, Chuy: Relating to the prosecution and punishment of the offense of unlawful production or distribution of certain sexually explicit media.

Wednesday March 5, 2025
House Judiciary and Civil Jurisprudence: 8:00 A.M., E2.030
The Committee will hear testimony from the following state agencies: Supreme Court of Texas, Office of Court Administration, State Bar of Texas, State Commission on Judicial Conduct, State Office of Administrative Hearings, Texas State Law Library, Additional Agencies Under the Committee’s Jurisdiction.

Victim services grants

The Office of the Attorney General (OAG) is soliciting applications for projects that provide victim-related services or assistance. The purpose of the OAG Victim Coordinator and Liaison Grants (VCLG) program is to fund local positions (or at least part of a position) for Victim Assistance Coordinators (VACs) in prosecutor offices and Crime Victim Liaisons in law enforcement agencies. The deadline to submit applications is March 14, 2025. More details on how to apply can be found here.
In related news, some victim advocacy groups are attempting to increase the funding available for future VCLG grants. If you would like to get involved in that legislative effort, contact Shannon for more details.

Quotes of the Week

“It goes to their integrity. … The integrity in that DA’s office is off the chart. … They really believe in the constitution, and they really believe in doing things the right way, and they proved that to me again.”

—Waco defense attorney Bryan Cantrell, complimenting prosecutors in the McLennan County Criminal District Attorney’s Office for dismissing a case against his client when dashcam video showed he hadn’t committed the crime for which he was stopped.

“Prosecutors at their core are people who want to serve the community and want to fight for a sense of justice. Those are the kind of people I want to be around. You’ve got some good ones in Midland County and I’m excited to be with them.”

            —Glenn Hardwood, Midland County District Attorney, in an interview about his first two months in office.

“I thought, ‘Something’s gotta give.’ We have to have somebody representing these people.”

—Bandera County Judge Richard Evans, who has noticed over the past four years that the number of criminal defense attorneys taking assignments in his district has shrunk to single digits.

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