Happy San Jacinto Day! Thirty-eight days remain in this regular session. More than 1,000 bills will be sent to the governor during that time. This is where the rubber meets the road. This is also where the “ache” meets the “head,” so pace yourself as you read some of the lists below. We don’t do it because we want to, but because they are important to somebody (or somebodies) out there.
Preview
Next week will be a transition week in the House as its members start spending more time on the floor and less in committees while also trying to cram their final hearings with last-chance bills. That means there will be plenty of late-night work to be done!
Topics to be discussed next week include student loan repayment for prosecutors (and public defenders), grand jury reform (it’s back, and it’s the version all of you hate!), victims’ legal intervention into criminal cases, bail reform, accelerated parole eligibility for violent offenders, and more. Read on for details!
Help for rural(-ish) prosecutors
The House County Affairs Committee heard SB 22 by Springer/Guillen on Wednesday. This is the bill that would provide sheriffs and prosecutors in the 230 or so smallest counties with additional state grant funding to hire more personnel and/or supplement salaries for existing personnel. Testifying for the bill were Comal County CDA Jennifer Tharp, Hill County CA David Holmes, and Callahan County C&DA Shane Deel (and a host of other prosecutors who registered in support of the bill without testimony), as well as Chambers County Sheriff Brian Hawthorne. The committee also heard testimony from a representative of the constables’ association—whose members are not included in the bill but would like to be—and the policy director for the Conference of Urban Counties (CUC) who is seeking to amend the bill with language that would exempt future shortfalls from triggering last session’s law prohibiting the defunding of law enforcement. (That last bit was very odd, considering that the defunding ban applies only to counties with populations of 1 million or more people while SB 22 applies only to counties of less than 300,000 people. Go figure.)
Senate Bill 22 was left pending in the committee while the House sponsor—Rep. Ryan Guillen (R-Rio Grande City)—considered whether to make the changes suggested by other witnesses. Unlike with HB 1487 by Gerdes, there is no indication at this time that the House intends to swap out prosecutors for constables, but we are watching it closely to make sure no adverse changes are made to the bill. If you have further questions, contact Rob.
On a related front, the House Higher Ed Committee will also consider HB 4487 by Smith (R-Sherman) Monday morning. This bill—filed one day before the filing deadline last month—would amend the current student loan repayment law applicable to prosecutors in counties with a population of less than 50,000 by raising that threshold to 100,000 and making defense lawyers appointed or employed to represent indigent defendants eligible for it as well.
Now, if you read that sentence and said, “Wait … WHAT law?!?”—we understand your confusion. A prosecutor loan repayment law has been on the books for decades, but the legislature has never funded it. The TDCAA Compensation Committee explored efforts to activate and expand that law during the recent interim but were steered away from it by legislative insiders and told to focus on bills like SB 22 instead. (And to date, that advice appears to be paying off.) However, our friends in the rural indigent defense community have been working on HB 4487 behind the scenes, and if they have found the magic key to unlock new funding for such a loan repayment program, we’re certain that many of you would be happy to help push it across the finish line. Keep watching this space for more information as we get it.
Dueling budgets
The Senate passed its version of the state budget (HB 1), which differs from the version passed by the House, so the bill will now be referred to a conference committee. Differences between the two appropriations bills include (in amounts for the two-year biennium):
- The House budget includes a 5 percent-per-year increase in the general benchmark judicial (and elected felony prosecutor) salary, while the Senate does not include any raise
- The House has set aside $350 million for county law enforcement grants, while the Senate trimmed that by 5-ish percent (to $330,800,000)
- The House increases indigent defense funding by $40 million over the current budget, while the Senate cuts it by $11 million
- The House increases DPS crime lab funding by $33 million, while the Senate increases it by $37 million
Five representatives and five senators—led by the chairs of the House Appropriations and Senate Finance Committees—have been appointed to the budget conference committee and will soon disappear into undisclosed locations for the next month to hammer out the differences in the two versions for eventual approval by both chambers. This is one of the most opaque of all processes at the legislature, so don’t expect news from us on budget matters until the final full week of May.
Prosecutor accountability bills
There was no action on any of the 30+ bills we’ve been following under this category except for HB 3675 by Ortega (D-El Paso) mandating the removal of an elected prosecutor in a jurisdiction larger than 850,000 people who fails to complete mandated management training. That bill was voted from committee and now heads to the House Calendars Committee for further consideration.
To see where all those bills are in the legislative process, visit this updated page on our website.
One chamber down, one to go
The bills on this next list are halfway home. READ THIS LIST CAREFULLY. If you like one of these bills, congratulations! Statistically, it has about an 80-percent chance of reaching the governor’s desk this session. Conversely, if you object to any of these bills, your time is growing short to move them into that pile of “20-percenters” that pass one chamber but not the other.
The following House bills have passed the House:
HB 16 by Moody (juvenile justice reforms)
HB 420 by Slawson (SJF enhancements for providing alcohol to minors)
HB 422 by VanDeaver (remote proceedings in juvenile court)
HB 513 by Metcalf (causing death/SBI by manufacture or delivery of controlled substance)
HB 1736 by Leach (limiting death penalty for parties; retroactive review of death row cases)
HB 1737 by Leach (retroactive automatic nondisclosure for certain deferred adjudications back to 1993)
HB 2127 by Burrows (pre-emption of local regulations)
The following Senate bills have passed the Senate:
SB 129 by Springer (increased punishment ranges for child pornography)
SB 338 by Hinojosa (ban on using hypnotically induced statements at trial)
SB 435 by Middleton (disclosure of certain evidence to homicide victim’s next of kin)
SB 600 by Birdwell (10-year minimums for human smuggling-related crimes)
SB 1269 by Hughes (imposing discovery obligations on DFPS in child abuse cases)
SB 1653 by Huffman (promotion of prostitution enhancement)
Other action
Other bills of potential interest to you that were approved by a committee this week include:
HB 939 by Dutton (reducing penalties for drug possession)
HB 946 by Dutton (dismissal with prejudice for spoliation of evidence by the State)
HB 1163 by Smith (boating while intoxicated with child passenger)
HB 1383 by Rose (expediting procedures following a restoration of competency)
HB 3183 by Schatzline (limiting use of in-custody informant testimony)
HB 3659 by Hefner (civil asset forfeiture reforms, including a $2,500 minimum valuation)
HB 3729 by Bonnen (disclosure of certain evidence to homicide victim’s next of kin)
HB 4382 by Guillen (mandated CJIS reporting)
SB 224 by Alvarado (catalytic converter theft) (reported favorably from House committee)
SB 1004 by Huffman (tampering with electronic monitor) (reported favorably from House committee)
SB 1527 by Huffman (omnibus human trafficking bill) (reported favorably from House committee)
Future floor debates
Bills up for debate on the House floor next week include (in their order of appearance on the calendar):
HB 3504 by Leach (emergency detention and court-ordered MH services)
HB 576 by Raymond (sharing autopsy records with next of kin or their lawyers)
HB 115 by Ortega (public consumption of alcohol)
HB 1130 by Spiller (allowing certain prosecutors to accept ad litem appointments)
HB 1207 by Guillen (no statute of limitations for tampering with a body)
HB 1603 by Guillen (allowing JPs and muni judges to use private pro tem prosecutors in certain Class C cases)
HB 438 by Schofield (tying the benchmark judicial salary to the consumer price index)
HB 63 by Swanson (limiting preliminary investigations into child abuse allegations)
HB 218 by Moody reducing penalties for possession of marijuana and THC substances
HB 772 by Allen criminalizing corporal punishment in schools
In the Senate, bills eligible for debate include:
SB 1516 by King (revising writ of habeas corpus procedures)
SB 2589 by Schwertner (increasing penalties for certain crimes committed by TJJD confinees)
SB 2593 by Springer (defense to prosecution for cops using less-lethal devices)
Future committee hearings
The hour is getting late for House bills not heard in a House committee yet. If you are following a bill like that and it is not on the list below, then it might be time to throw some dirt over it until the next session. (Senate bills have more life in the Senate, though—that chamber’s deadlines are made to be broken.)
Here are just a few of the bills scheduled to be heard in committees next week. For the full agenda of each committee, click on the link to the committee itself. Subsequent committee postings may be added later, so check our website for the latest information.
Monday, April 24
House Higher Education – 10:00 a.m., Room E2.010
- HB 4487 by Smith expanding the state’s (currently unfunded) prosecutor student loan repayment program to include more prosecutors and public defenders in rural areas
House Corrections – 11:00 a.m., E2.028
- HB 1064 by Sherman granting retroactive good conduct credits to 3g offenders
- HB 1618 by Moody granting retroactive good conduct credits to 3g offenders
- HB 2743 by Smith relating to court-ordered psychoactive medication for certain offenders
- HB 4362 by A. Johnson expanding nondisclosure eligibility for certain felons
- HB 5114 by Sherman granting time credits for probationers/parolees who are employed
- HB 5177 by Lopez granting veterans court graduates a set-aside of their probation
Tuesday, April 25
House Criminal Jurisprudence – 10:30 a.m. or upon adj., E2.016
- SB 1318 by Huffman relating to bail reform
- SJR 44 by Huffman authorizing denial of bail in certain cases
- HB 261 by Cortez increasing penalties for certain burglary of vehicle cases
- HB 485 by Gervin-Hawkins increasing penalties for certain crimes on a public transportation system
- HB 1131 by Spiller authorizing non-lawyer JPs to issue DWI blood search warrants
- HB 1203 by Ordaz criminalizing negligent cruelty to non-livestock animals
- HB 1258 by S. Thompson reforming grand jury procedures; allowing prosecutors to be sued for actions in the grand jury; more
- HB 1311 by Dutton relating to locations at which knives are prohibited
- HB 1533 by Lozano adding possession w/ intent to deliver drugs to EOCA
- HB 1581 by Thimesch criminalizing delivery of drugs resulting in death/SBI
- HB 1653 by Campos relating to attacks by dangerous dogs
- HB 1713 by Canales mandating certain standardized forms in criminal actions
- HB 1906 by Stucky authorizing temporary detention without bail for certain crimes
- HB 2092 by Manuel relating to the duration of an emergency protective order
- HB 2187 by Y. Davis relating to abandoning/endangering elderly/disabled victims
- HB 2193 by Y. Davis relating to expunctions of certain misdemeanor records
- HB 3381 by Cook creating a crime for Munchausen by Proxy-related conduct
- HB 3384 by Cook relating to the punishment for promotion of prostitution
- HB 3786 by S. Thompson authorizing intervention in cases by victims’ lawyers
- HB 3816 by Herrero relating to the use of body armor during an offense
- HB 3817 by Herrero relating to videoconference appearances in court by inmates
- HB 4398 by Kitzman relating to personal bond/pretrial supervision offices
- HB 4596 by Hinojosa prohibiting use of a “gay panic” defense
- HB 5088 by Moody relating to adult and juvenile procedures involving persons with a mental illness or intellectual disability
House Homeland Security & Public Safety – 2:00 p.m. or upon adj., E2.012
- SB 1445 by Paxton revising and reauthorizing TCOLE (sunset bill)
- HB 258 by M. Gonzalez prohibiting motorcycle profiling by officers
- HB 769 by Allen reducing penalties for DWLI
- HB 1808 by Jo. Jones requiring all peace officers to carry liability insurance for misconduct
- HB 3480 by Turner relating to overdose mapping
- HB 3506 by C. Harris removing certain DNA samples from databases
- HB 3858 by Frazier mandating MH wellness units for entities that employs peace officers
- HB 3957 by Smith establishing a rapid DNA analysis pilot program
- HB 3958 by Smith establishing a grant program for agencies that collect DNA samples from felony arrestees
- HB 4628 by Goldman relating to procedures following DNA profile comparisons
- HB 4875 by Flores requiring drug/alcohol testing of officers after use-of-force incidents
- (and about 30 other bills—click the link above for all of them)
<<NOTE: Advanced notice of committee hearings is limited from now until sine die, so please visit our Legislative webpage for the latest committee postings.>>
Austin-bound?
If you are ready to clear your calendar and come to Austin for a few days to weigh in on the bills we’ve discussed this session, please call or email Shannon to reserve that week ahead of time. Ditto for any questions you might have—call or email Rob or Shannon to get the scoop before you make plans.
Scattershooting
Here are some recent stories you might’ve missed:
- “Venue is a platypus, a mixed-up animal” (SCOTUSblog)
- “Bills to create new Texas courts would likely reverse Democratic gains, restore GOP dominance” (Texas Tribune)
- “Tucker Carlson called for a Texas killer’s pardon. The next day, Gov. Greg Abbott stepped in.” (Houston Chronicle)
- “Anti-domestic violence and gun groups unite to urge Supreme Court to reverse domestic violence ruling” (CNN)
- “Three Shootings in a Week Over a Simple Mistake. Why Is This Happening?” (Wall Street Journal)
Quotes of the Week
“Texas is definitely a bit of a wild, wild west with respect to this industry. We don’t have a legal rec(reational) state for marijuana, and we’re barely a medical marijuana state. Right now, the name of the game is hemp.”
—Ryan Soroka, president and co-founder of 8th Wonder Brewery in Houston, which now offers consumers a variety of “herbal” alcoholic and non-alcoholic beverages infused with CBD and delta-8 THC.
“California Dade wants a California tax plan.”
—Lt. Gov. Dan Patrick (R-Houston), in a recent interview, on the subject of the dueling property tax reform proposals between himself and House Speaker Dade Phelan (R-Beaumont). (Just in case you were wondering how the two chambers were getting along with five weeks remaining in the session.)
“Remember, I can’t call a special session, but I can create one by not passing a key bill that has to pass. … If we don’t get some major priorities that the people want us to pass because [the House] acted very slowly during the session, then I think we ought to finish the job. I’ll leave it at that.”
—Lt. Gov. Patrick, criticizing the House during that same interview on the topic of private school vouchers.
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