’Tis the season for new laws! Santa will be in Texas early, dropping off brand-new laws that go into effect before Christmas, and his naughty and nice list depends on how the laws affect you. Baby, it’s cold outside! Let’s go in and look at these laws.
Early Christmas gifts
The following bills go into everyone’s stocking on December 4, 2025.
HB 16 by Representative Jeff Leach (R-Plano) is the Second Called Session’s omnibus judicial courts bill. It creates new courts, new district attorney offices, and new punishment enhancements, and it makes various other changes. Importantly, the bill includes a new reporting requirement for local prosecutors regarding certain bail releases, overall caseloads, and the resources prosecutors have to carry out their work.
House Bill 18 by Representative Shahen (R-Plano) creates harsher punishments for any lawmakers who break quorum, which includes higher fines, fundraising limits, and loss of seniority and committee assignments. There are no criminal penalties.
HB 20, the Disaster Scam Response Act, by Representative Darby (R-San Angelo) creates new criminal offenses and enhances existing theft punishments. It focuses on “missing relative fraud” and situations where criminals fraudulently “volunteer” during disasters to steal from victims.
SB 11 by Representative 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 12 by Senator Hughes (R-Mineola) gives the Office of the Attorney General (OAG) authority to unilaterally prosecute Election Code crimes. The bill does not solve the constitutional issue highlighted by the Court of Criminal Appeals’ Stephens opinion, but proponents of the bill appear to be banking on a different court makeup to take care of that thorny problem.
SB 16 by Senator West (D-Dallas) creates new criminal offenses for Real Property Theft and Real Property Fraud (also known as title theft or deed fraud).
Proposition 3 (S.J.R. 5), by Huffman (R-Houston) allows judges to deny bail to people accused of certain violent crimes committed on or after the canvass date (effective date). We calculate that effective date to be December 4, 2025, as well, but check the Secretary of State’s website for any announcements.
This next law goes into effect on New Year’s Day along with any of your personal resolutions:
SB 8 by Senator Huffman (R-Houston) requires that sheriffs must participate with ICE’s 287(g) program for identifying and detaining criminal aliens. These agreements to enforce those federal immigration laws must be in place by December 1, 2026, and the OAG may sue sheriffs to enforce compliance.
Artificial Intelligence (AI) Survey
The future is here, AI is everywhere, and we need prosecutor input on this new phenomenon. A Texas-based law school professor has sought our help in gathering anonymous data about prosecutors’ use of AI for evidence review and discovery compliance. Here is the password protected link: https://www.tdcaa.com/artificial-intelligence-survey/.
The password was sent to you via email to ensure only prosecutors are responding. Please consider completing the five-minute survey or assigning that task to someone in your office. The results will help us better understand how prosecutors are using AI and bring you future training on the subject.
Quotes
“Henry, I don’t know you, but you can sleep well tonight—your nightmare is finally over!”
—President Donald Trump in a Truth Social Post announcing his pardon of U.S. Representative Henry Cuellar (D-Texas). Cuellar had been federally indicted on bribery, money laundering, and conspiracy charges.