Budgets and attempted coups highlighted this week in the Texas Legislature. Many dreams died on the House floor as underfunded and unwanted budget amendments were sent to Article XI heaven. The 13th week proved unlucky for an army of one hoping to overthrow the Speaker of the House. The Legislative session waits for no one (or bill) and marches on to the bitter end!
New committees added!
Budget day and night
The Texas House took its turn at shaping and approving the $337 billion budget, which is the only constitutional requirement of the Texas Legislature. Lawmakers filed over 300 amendments to Senate Bill 1, the General Appropriations Act, in hopes of funding their initiatives. Most of the amendments were sent to Article XI of the General Appropriations Act (titled the Savings Clause). It might as well be titled the Amendment Graveyard because any amendment sent there is dead on arrival. The event started at noon on Thursday and ended at 3:00 a.m. on Friday as lawmakers attempted to add their funding initiatives to the budget, which requires eliminating the same amount of funding from another part of the budget. The large ticket items included $6 billion in new property tax relief, $4.3 billion for teacher pay raises, $6.5 billion for border security, and $1 billion for the education savings account program. The major fireworks came when Democrats attempted to expand Medicaid and when Republicans attempted to defund the University of Texas for offering courses regarding LGBTQ+ studies. Both attempts failed. Now SB 1 moves to a conference committee composed of members of both the House and the Senate to negotiate a final version. Those negotiations will be carried out mostly out of the view of the public.
Judicial pay update
The House Judiciary Committee considered HB 1761 by Leach (R-Plano), the companion to SB 293 by Huffman (R-Houston). However, the substitute version of HB 1761 laid before the committee differs from SB 293. (We have seen the substitute version but it does not exist on the internet yet.) Judges might be most interested in the changes to the accountability provisions in these bills. For our purposes, though, the major differences between the two bills are that the new House version includes a proposed 30 percent raise (not 15 percent) and the addition of a provision that de-links legislators’ retirement benefits from the higher benchmark salary but keeps elected prosecutors’ retirement benefits linked. (That last bit is not in the initial committee substitute, but the author intends to add it.) Based on past history, both of those changes make the bill more likely to pass the House but less likely to pass the Senate. That means the bill will go to a conference committee to hash out the differences—or not. Last session, the Senate would not agree to House changes to a judicial pay raise bill, and hardball tactics on both sides resulted in nothing passing. It’s unclear to us why anyone watching this re-run of last session’s drama thinks it will end differently at this point.
If you are going to take a shot at the king
Representative Brian Harrison (R-Midlothian) attempted a one-man coup of Speaker Dustin Burrows (R-Lubbock) on the House floor this week. Harrison filed a resolution that would remove Burrows based on allegations that Burrows unconstitutionally dismissed the House for more than three days, falsely declared a quorum, and handed control to the Democrats. Harrison was heckled by his fellow lawmakers during his speech laying out his reasons for the attempted ouster. After Harrison’s impassioned speech, Representative Cody Harris (R-Palestine) presented a motion to table Harrison’s resolution. In the end, 141 of the 150 representatives in the Texas House voted to end Harrison’s dream of a regime change. It demonstrated that the House was united against the continuous disruptions by Harrison. It also showed that Speaker Burrows has gained control of the House since his election and can speak for the House during negotiations with Lt. Governor Patrick.
Heath bill progress
Senator Huffman (R-Houston) passed SB 1124, the Heath fix bill, out of the Senate Criminal Justice committee, and it could be heard on the Senate floor as soon as Tuesday. SB 1124 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. We have discussed the importance of the bill here. Several elected district attorneys from across the state testified for the bill in front of the Criminal Justice Committee, including Montgomery County District Attorney Brett Ligon, Fort Bend County District Attorney Brian Middleton, Williamson County District Attorney Shawn Dick, Wilbarger County Attorney Staley Heatly, and Brazos County District Attorney Jarvis Parsons. If you support the bill but were unable to appear in person, it’s not too late to reach out to your local senator(s) and let them know that before the bill gets debated on the Senate floor this week. (And look for more information from us on a hearing for SB 2797 by Creighton (R-Conroe) relating to the reciprocal discovery in criminal cases, coming soon.)
ABCD bills
What are “ABCD” bills? That’s our working term for bills that give the prosecution job to “anybody but current DAs.” (Catchy, no?) We started a list of them back in our Week 9 update and more have been added to that bill track, which now totals almost 30 bills. Most ABCD bills have not seen action yet, but here’s an update on the status of those that are on the move:
HB 45 by Hull (AG prosecution of human trafficking: set for a hearing in House State Affairs Committee Monday, April 14, at 8:00 a.m.
HB 933 by Spiller (appeal of certain CCA rulings to SCOTX): passed House JCJ Committee, referred to House Calendars Committee.
SB 16 by Hughes (election crimes, AG prosecutions): passed Senate, not referred to committee in House yet.
SB 1026 by Hughes (AG prosecution of election crimes): passed Senate State Affairs Committee, awaiting consideration by full Senate.
SB 1210 by Hughes (appeal of certain CCA rulings to SCOTX): passed the Senate yesterday.
SB 2743 by Hagenbuch (DA removal/AG prosecution of election crimes): pending before Senate State Affairs Committee.
SB 2880 by Hughes (AG prosecution of abortion crimes): pending before Senate State Affairs Committee.
For a full list of all the ABCD-related bills we are tracking for you this session, click here.
Calendars Committee bills
More than 180 of our tracked House bills have passed from their substantive committees to the Calendars Committee, which decides (behind closed doors) which bills get voted on by the full House. If you know any members of the Calendars Committee and want to help or hinder the passage of bills (below) that have been referred to them, now is the time to make those phone calls!
HB 116 by Dutton relating to grounds for the involuntary termination of the parent-child relationship
HB 155 by Raymond relating to the confidentiality of certain autopsy records
HB 166 by Capriglione relating to a presumption of child endangerment regarding fentanyl
HB 463 by J. Jones relating to pretrial hearings and automatic expunctions in certain drug prosecutions
HB 503 by Tepper relating to more counties qualifying for rural law enforcement (SB 22) grants
HB 917 by Spiller allowing certain prosecutors to be appointed as ad litems in CPS cases
HB 933 by Spiller granting the state Supreme Court authority over certain Court of Criminal Appeals decisions
HB 1552 by Paul changing “child pornography” to “child sexual abuse material” throughout state law
HB 1760 by Leach imposing mandatory minimums for certain intoxication offenses
HB 1762 by Leach barring all forms of community supervision for illegal aliens
HB 1953 by Thompson expanding the rights of victims of sexual assault, etc.
HB 2216 by Hull limiting the removal/placement/termination of the parent-child relationship
HB 2486 by Hefner limiting access to certain files maintained by a law enforcement agency
HB 2596 by Metcalf relating to the issuance of certain protective orders for certain burglary offenses
HB 3073 by Howard relating to the prosecution of sexual assault
More visitors in Austin
Hays County Criminal District Attorney Kelly Higgins testified this week in support of HB 4139, which prohibits the use of videography during voir dire examinations and in cases involving alleged child victims or adult victims where evidentiary content could be embarrassing. Kleberg & Kenedy County District Attorney John Hubert testified in support of HB 1221, which increases the maximum reimbursement fee that can be collected for expenses associated with a defendant’s participation in pretrial intervention programs. Both bills were left pending.
Upcoming Committee Hearings
(NOTE: For those concerned about changes to the current grand jury system, two “grand jury reform” bills are set for a committee hearing Tuesday; see below for details.)
Monday
House State Affairs: 8:00 a.m., JHR 120
HB 45 Hull: Relating to the duty of the attorney general to prosecute human trafficking criminal offenses.
HB 755 Spiller: Limiting lobbying by certain public entities
HB 2460 Leach: Relating to the attorney general’s defense of a district or county attorney against certain lawsuits in federal court.
HB 4565 Curry: Relating to access to certain law enforcement, corrections, prosecutorial, and civil enforcement records under the public information law.
House Subcommittee on Juvenile Justice: 8:00 a.m., E1.014
HB 4476 McLaughlin: Relating to the waiver of jurisdiction by a juvenile court for certain children who are accused the use or exhibition of a firearm, the mandatory transfer of jurisdiction for those children to a criminal court, and an order of expunction issued to those offenses.
HB 4628 Moody: Relating to enhancement of the penalty for a felony conviction based on a juvenile delinquent conduct adjudication.
HB 4923 Moody: Relating to status offenses committed by a child, including the repeal of the status offense of a child voluntarily running away from home.
House Homeland, Public Safety, Veterans: 10:45 a.m., E2.010
HB 2215 LaHood: Relating to the carrying or possession of a handgun by certain retired attorneys representing the state.
HB 2470 Virdell: Relating to the age at which a person may carry a handgun
HB 2771 Hayes: Relating to the possession of a firearm by persons convicted of certain felony offenses.
HB 3669 Guillen: Relating to the definition of firearm for purposes of certain criminal offenses
House Subcommittee on Family and Fiduciary: 2:00 p.m., E2.016
HB 3758 Schatzline: Relating to admissibility and disclosure of certain evidence in a suit concerning a child alleged to have been abused or neglected or to be at risk of abuse or neglect filed by a governmental entity.
Tuesday
Senate Criminal Justice: 8:00 a.m., E1.016
SB 330 Huffman: Relating to an election to approve a reduction or reallocation of funding or resources for certain county prosecutors’ offices.
SB 663 Huffman: Relating to the approval of a community supervision and corrections department’s budget and strategic plan.
SB 1020 Huffman: Relating to personal bond offices, notification provided to a judge regarding tampering with an electronic monitoring device while on bond or community supervision, and the availability of information regarding a person required to submit to electronic monitoring.
SB 1152 Huffman: Relating to creating the criminal offense of continuous manufacture or delivery of a controlled substance.
SB 1164 Zaffirini: Relating to emergency detention of certain persons evidencing mental illness and to court-ordered inpatient and extended mental health services.
SB 1896 Huffman: Relating to the provision of information regarding an arrested person to a magistrate for purposes of an order of emergency protection.
SB 2111 Zaffirini: Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.
SB 2196 Johnson: Relating to the period during which an order for emergency protection remains in effect.
SB 2383 Bettencourt: Relating to the employment of certain peace officers of the Department of Public Safety.
SB 2581Hancock: Relating to the repeal of a provision governing the operation of jail commissaries in certain counties.
SB 2797 Creighton: Relating to discovery requirements in a criminal case.
SB 2798 Creighton: Relating to certain statutes of limitations for criminal offenses, including the statute of limitations for certain fraud offenses.
House Subcommittee on New Offenses and Changed Penalties: 8:00 a.m., E 2.014
HB 285 Ordaz: Relating to the prosecution of cruelty to non-livestock animals.
HB 795 Johnson: Relating to the punishment for the offense of aggravated assault.
HB 1795 Anchia: Relating to increasing the criminal penalty for certain conduct constituting the offense of dog fighting or the offense of cockfighting.
HB 1871 Dyson: Relating to the punishment for the criminal offense of attempted capital murder of a peace officer.
HB 2407 Capriglione: Relating to increasing the criminal penalty for the failure of certain sex offenders to comply with sex offender registration requirements.
HB 2461 Leach: Relating to increasing the criminal penalty for the offense of criminal mischief involving impairment of or disruption to a retail motor fuel pump.
HB 2695 Anchia: Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance.
HB 3507 Wharton: Relating to the punishment for the offense of theft.
HB 4911 Fairly: Relating to prosecution of sexually explicit visual material involving depictions of children, computer-generated children, or other persons.
House Criminal Jurisprudence: 10:30 a.m., E2.014
HB 200 Buckley: Relating to early release on parole of inmates convicted of an offense committed when younger than 18 years of age.
HB 413 Jones: Relating to the release of certain defendants detained in jail pending trial.
HB 525 Vasut: Relating to a subpoena to compel the attendance of certain peace officers who are witnesses in a misdemeanor case punishable by fine only.
HB 867 Jones: Relating to the dismissal of a criminal case by the attorney representing the state.
HB 1418 Schatzline: Relating to the use of in-custody informant testimony in a criminal trial.
HB 1604 Bucy: Relating to public access to criminal proceedings.
HB 1650 Canales: Relating to a special bill of review to reform a final judgment of forfeiture of a bail bond.
HB 2333 Hopper: Relating to the statutes of limitations for felony offenses relating to an election conducted in this state.
HB 2348 Capriglione: Relating to the video recording of a deposition taken of the testimony of certain elderly or disabled persons in a criminal case.
HB 2458 Virdell: Relating to a defense to prosecution for the offense of aggravated assault.
HB 2507 Leach: Relating to retroactive automatic orders of nondisclosure for misdemeanor defendants following successful completion of a period of deferred adjudication
HB 2594 Metcalf: Relating to the venue for the prosecution of certain criminal conduct involving theft.
HB 2698 Anchia: Relating to the representation of certain indigent applicants for a writ of habeas corpus.
HB 2761 Johnson: Relating to the prosecution of the offenses of trafficking of persons and continuous trafficking of persons.
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 3111 Perez: Relating to the search of certain wireless communications devices by a peace officer.
HB 3358 Garcia Hernandez: Relating to the definition of an emergency service provider for purposes of critical incident stress management and crisis response.
HB 3362 Little: Relating to grand jury proceedings.
HB 3449 Canales: Relating to the reimbursement of expenses to certain counsel appointed to represent a defendant in a criminal proceeding.
HB 3477 Canales: Relating to the expunction of all records and files related to a finding of criminal contempt by a court.
HB 3463 Walle: Relating to the prosecution of the offense of theft of service.
HB 3664 Smithee: Relating to the training of prospective grand jurors and to grand jury proceedings.
HB 4075 Leach: Relating to change of venue in certain criminal cases involving a peace officer.
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.
Wednesday
House Judiciary & Civil Jurisprudence: 8:00 a.m., E2.030
HB 5621 Dutton: Relating to the jurisdiction of district and county attorneys to prosecute certain consumer protection violations.
HB 5067 Leach: Relating to the jurisdiction of the Fifteenth Court of Appeals.
HB 5081 Leach: Relating to the protection of personal identifying information of certain persons in the judicial system; creating a criminal offense.
HB 5354 Leach: Relating to the information reported by prosecuting attorneys to the Texas Judicial Council.
HB 4088 Bonnen: Relating to the qualifications for jury service and the establishment of a juror mental health services reimbursement program.
HB 4803 Spiller: Relating to the creation of offices of District Attorney for the Northeast Texas, Central Texas, Southeast Texas, and South Texas Regions and the powers and duties of and related to such officers.
HB 2287 Oliverson: Relating to liability of judges and magistrates for the improper release on personal bond of defendants accused of committing certain felony offenses.
Quotes of the week
“Let them laugh. Let them scoff. Let them hiss. Let the voters of Texas hear the vulgarity and the lack of professionalism being demonstrated on the floor right now.”
—Representative Brian Harrison (R-Midlothian) yelling at his colleagues for laughing at him during his speech that attempted to whip votes to remove Speaker Burrows.
“Senator Hancock, you were worrying me when you were asking him about what motions that I might not be happy with. Were there going to be two [motions to] vacate the chairs today? I just wasn’t sure. I always want to be sure.”
—Lt. Governor Patrick speaking during Senator Hancock’s freshman year hazing ritual referencing that Hancock could possibly be trying to remove him like the attempted coup of Burrows that day.
“My family always comes first, and so we’ll talk about it, I’m sure,”
—Representative Mitch Little (R-Lewisville) when asked if he was considering running for Attorney General.
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