The Legislative Session is starting to heat up. Between committee meeting arguments, attempts to recall the Speaker of the House, bills being labeled as racist, and legislative subpoenas being issued, the gloves are starting to come off. Which bills will be left standing when the final round ends in June is still a mystery. Ladies and Gentlemen, let’s get ready to rumble!
Testifying in front of legislative committees
Expect the unexpected when testifying in front of committees. Gregg County Criminal DA John Moore; his assistant CDA, Stacey Brownlee; and Cass County Criminal DA Courtney Shelton testified in the House Human Services Committee this week in support of Representative Gary VanDeaver’s (R-New Boston) HB 2665. The bill would require CPS to turn over all investigative information regarding abuse or neglect to the county or district attorney upon request. Prosecutors have had to use subpoenas to obtain this information, which has caused issues complying with CCP Art. 39.14, the Michael Morton Act.
It seemed like a straightforward bill that would not stir controversy. However, that notion went out the door right after the layout (opening statement) of the bill. Representative Valerie Swanson (R-Spring) started explaining that “there are a lot of frivolous reports to CPS” and asked if CPS would still be required to turn over all that information. The prosecutors testified that they are required to turn over all evidence that is exculpatory, impeachment, or mitigating in the possession of the State. The committee started its line of questioning with, “Have you seen false reports being used by abusers in child custody issues?” The next question was about why all CPS case information would be given to the DA when the accused is innocent. Other comments from the committee included that they did not like the part of the bill that states CPS must turn over all reports of suspected abuse or neglect because “there are a lot of reports that are like, oh, gee, these kids were, you know, they were playing out in their front yard. Wow. Or gee, they had on some dirty playclothes.” The prosecutors explained that the reason the DA’s office would have a case is that an arrest has been made and a criminal case has been opened. The prosecutors also explained that it is crucial to know if any exculpatory evidence exists so that no one is falsely convicted. A CPS representative testified that CPS is already required to hand over those documents and speculated that it was due to lack of communication and training that CPS employees were not turning over the materials.
The prosecutors did an excellent job of explaining real-life examples of how the bill would help in administering justice. Representative VanDeaver defended the bill in his closing, and it was left pending in the committee. We don’t know the ultimate fate of the bill yet, but it was a good reminder to expect the unexpected when it comes to testifying in a legislative committee.
The gang’s all here
We had quite a few other prosecutors in town to help bills move along in the process that had more “normal” hearings. Newly-appointed Austin County Criminal DA Brandy Robinson and Comal County Criminal DA Jennifer Tharp testified in support of Angelia Orr’s (R-Itasca) HB 1845, which would allow Senate Bill 22 grant funds to be used to give raises to paralegals. CDA Jennifer Tharp also testified in favor of Senator Flores’s (R-Pleasanton) SB 1809, which creates the offense of fraudulent use or possession of a gift card or gift card redemption information and also increases punishments based on the value of the gift card. Dallas County ACDA Jason Hermus testified in favor of Rafael Anchia’s (D-Dallas) HB 2697, which would require bondsmen to notify the district attorney if a client has forfeited bond. Chambers County ADA Eric Carcerano and Galveston County ADA Kayla Allen testified in favor of Representative David Cook’s (R-Mansfield) HB 1902, which creates the criminal offense of jugging. 106th Judicial DA Philip Mack Roach and Galveston County Criminal DA Jack Roady joined forces with a representative of the Texas Criminal Defense Lawyers Association (TCDLA) and testified against Representative David Spiller’s (R-Jacksboro) HB 933, which would give the Texas Supreme Court the final say in any conflict with the Court of Criminal Appeals on a matter of state constitutional interpretation. (The bill, which was also filed last session, is a response to the Stephens opinion.)
Judicial branch pay update
On the judicial branch pay raise front, the budget proposed by the House Appropriations Committee (HAC) earlier this week matches the Senate’s version of Senate Bill 1 by Huffman (R-Houston). Specifically, it funds a 15-percent pay raise but only if SB 293 by Huffman passes. And guess who is unhappy with SB 293? That’s right—some members of the judiciary who oppose the bill’s accountability provisions and/or object to the raise not being large enough. Senator Huffman has repeatedly emphasized that her version of a judicial pay raise is a package deal with the accountability provisions, so with the battle lines drawn, we get to watch the time-honored legislative game of “irresistible force versus immovable object.” (Please, no wagering.) The next installment of that game will be next Wednesday when the House Judiciary Committee takes up HB 1761 by Leach (R-Plano). That bill is currently an identical House companion for SB 293, but the House can do as it wishes on this topic, of course.
Returning to the budget: The version of SB 1 approved by HAC now goes to the full House for approval. That is tentatively scheduled to happen on Thursday, April 10. Assuming the House GOP anti-Speaker insurgency doesn’t burn the building to the ground before or during that night, the bill will then go to a conference committee for the two chambers to hammer out their differences behind closed doors. Very little reliable information will be available until the finished product emerges from that conference process sometime during the last week of session. Yet another fun waiting game, brought to you by the legislative process!
Bills that are moving
SB 1210 was voted out of committee and referred to Local/Uncontested Calendar in the Senate. The bill by Senator Bryan Hughes (R-Mineola) grants SCOTX the power to overrule the CCA on certain constitutional matters, as in, deciding whether the OAG has the constitutional power to prosecute local crimes. The companion bill, HB 933, was heard in the House Judiciary and Civil Jurisprudence and left pending.
SB 16 passed through the Senate and was received by the House. This is another bill by Senator Hughes that creates several new voter registration procedures (and crimes!) relating to proof of citizenship and also allows the Attorney General to prosecute those election crimes if a district attorney fails to prosecute an election crime within 180 days. The bill has not yet been referred to a House committee.
Upcoming Committee meetings
Monday
Subcommittee on Juvenile Justice: 8:00 a.m., E2.010
HB 31 Thompson: Relating to juvenile justice proceedings and children in a juvenile facility.
HB 3360 Cook: Relating to a juvenile who engages in delinquent conduct or commits a felony offense while in TJJD.
House State Affairs: 8:00 a.m., JHR 120
HB 28 King: Relating to the regulation of consumable hemp products and providing for the transfer of regulatory functions.
SB 3 Perry: Relating to the regulation of consumable hemp products and the hemp-derived cannabinoids contained in those products.
Tuesday
Senate Criminal Justice: 8:00 a.m., E1.016
SB 552 Huffman: Relating to changing the eligibility of illegal aliens to receive community supervision, including deferred adjudication community supervision.
SB 1099 Flores: Relating to increasing the criminal penalty for certain offenses committed by an alien.
SB 1124 Huffman: Relating to discovery in a criminal case (Heath bill)
SB 1208 King: Relating to increasing the criminal penalty for the offense of interference with public duties.
SB 1372 Hinojosa: Relating to access to the crime laboratory portal.
SB 1506 Parker: Relating to the frequency with which the Board of Pardons and Paroles reconsiders inmates for release on parole.
SB 1667 Zaffirini: Relating to the procedures for the expunction of arrest records and files; authorizing a fee.
SB 1804 Alvarado: Relating to restitution and compensation paid to victims of certain offenses for tattoo removal related to the offense.
SB 1806 Sparks: Relating to the inspection, purchase, sale, possession, storage, transportation, and disposal of petroleum products, oil and gas equipment, and oil and gas waste; creating criminal offenses and increasing the punishment for an existing criminal offense.
SB 1870 Perry: Relating to municipal and county enforcement of drug laws; providing civil penalties.
SB 1936 Hinojosa: Relating to the definition of an abuse unit for certain controlled substances under the Texas Controlled Substances Act.
SB 1937 Hinojosa: Relating to the testing of evidence containing biological materials in capital cases.
SB 2180 Hagenbuch: Relating to requiring a certification for peace officers to conduct certain polygraph examinations.
SB 2405 Parker: Relating to the continuation and functions of the Texas Board of Criminal Justice, etc. (sunset bill).
SB 2569 Flores: Relating to the reporting requirement for certain law enforcement agencies regarding the agencies’ use or operation of an unmanned aircraft.
SB 2570 Flores: Relating to a defense to prosecution for certain offenses involving the use of a less-lethal projectile by a peace officer.
SB 1646 King: Relating to the theft or unauthorized possession of copper or brass.
House Criminal Jurisprudence: 10:30 a.m., E2.014
HB 1194 Manuel: Relating to the period during which an order for emergency protection remains in effect.
HB 1221 Lozano: Relating to increasing the reimbursement fee for certain expenses related to pretrial intervention programs.
HB 1738 Jones: Relating to the repeal of the offense of homosexual conduct.
HB 1913 Schatzline: Relating to prohibiting a registered sex offender from going within a certain distance of the residence of a victim.
HB 2177 Harless: 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.
HB 2178 Harless: Relating to the emergency installation and use of a mobile tracking device on a vehicle by an authorized peace officer.
HB 2180 Cunningham: Relating to a waiver of the preservation of evidence and the return of a seized weapon in a criminal case.
HB 2229 Hernandez: Relating to the expunction of arrest records and files by a statutory county court.
HB 2282 Lopez: Relating to the amount of the reimbursement fee paid by a defendant for a peace officer’s services in executing or processing an arrest warrant, capias, or capias pro fine.
HB 2448 Moody: Relating to the waiver of a defendant’s arraignment.
HB 2492 Bowers: Relating to the period for which a person arrested for certain crimes involving family violence may be held after bond is posted.
HB 2777 Rose: Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.
HB 2984 Curry: Relating to a rebuttable presumption that a person is intoxicated based on an alcohol concentration level analysis.
HB 3357 Oliverson: Relating to cremation authorization procedures in counties with medical examiners.
HB 3553 Spiller: Relating to the use of deadly force in defense of property.
HB 3602 Louderback: Relating to the execution of a search warrant for taking a blood specimen from certain persons in certain intoxication offenses.
Wednesday
House Corrections: 8:00 a.m., E1.014
HB 1515 Canales: Relating to the continuation and functions of the Texas Board of Criminal Justice, etc. (sunset bill).
HB 2306 Villalobos: Relating to changing the eligibility for release on parole of certain inmates serving sentences for trafficking offenses involving child victims and disabled individuals.
HB 3636 Metcalf: Relating to the payment of restitution by a person released on parole or to mandatory supervision.
HB 4937 Harless: Relating to the frequency with which the Board of Pardons and Paroles reconsiders inmates for release on parole.
House Judiciary and Civil Jurisprudence
HB 1761 Leach: Relating to the discipline of judges and a 15 percent pay raise for district judges
HB 1707 Brooks: Relating to the duties of the district attorney for the 70th Judicial District.
HB 2322 Schofield: Relating to the annual base salary from the state of a district judge.
HB 3647 Oliverson: Relating to appeals from orders granting or denying a plea to the jurisdiction by a governmental unit in certain circumstances.
HB 4139 Zwiener: Relating to the use of videography in relation to certain court proceedings.
Scholarship Opportunity
TDCAA’s Advanced Writing & Appellate Advocacy Course is now eligible for the State Bar of Texas Criminal Justice Section’s scholarship. Application requirements:
- You must be a current member of the Criminal Justice Section to apply. Preference will be given to lawyers licensed for 5 years or less.
- Applications must be complete at the time of submission. Incomplete applications will not be considered.
- Scholarships can be used for course registration and travel expenses.
The scholarship application is due April 12, 2025, and can be found here: https://www.txbarcjs.org/?page_id=35
Quotes of the week
“We’ve seen some very strange changes in our culture, and people are getting reported, parents, because they don’t want their child to be transitioned to the opposite sex. And I can think of so many things that people call in about that are just wrong. And I don’t want a situation where here’s this innocent, really great family, great parents, and like I say, law enforcement shows up.”
—Representative Valerie Swanson discussing the dangers of CPS turning over its reports to district attorneys.
“Of the more than 8,000 peace officers in Texas, the governor chooses Officer [Justin] Berry not in spite of the fact that he shot into protesters but because he shot protesters.’”
—Senator Sarah Eckhardt discussing her opposition to Austin Police Officer Justin Berry’s nomination to the Texas Commission on Law Enforcement.
“You know, I think the world of you and I know you’re not a racist. I think these bills, these types of bills are racist. I want you to understand that. I don’t think you’re a racist. I think you have your motivations, and I understand that.”
—Senator Roland Gutierrez debating with Senator Brian Hughes concerning Hughes’s SB 689, an anti-DEI bill.
“Mr. President, you may know that famous alum of Texas Southern University, Megan Thee Stallion. I think you know about Megan Thee Stallion, Mr. President. That’s a favorite of yours. [She] was a graduate Texas Southern University.”
—Senator Royce West, referring to Lt. Gov. Dan Patrick (as the presiding officer of the Senate) while on the Senate floor discussing the impact of HBCUs.
“We live in the most beautiful city in the state of Texas, and I need to make it possible for them to make this their forever home.”
—Nueces County DA Jimmy Granberry discussing the shortage of prosecutors in his county.
“District and county attorneys have a duty to protect the communities they serve by upholding the law and vigorously prosecuting dangerous criminals. In many major counties, the people responsible for safeguarding millions of Texans have instead endangered lives by refusing to prosecute criminals and allowing violent offenders to terrorize law-abiding Texans. This rule will enable citizens to hold rogue DA’s [sic] accountable.”
—Attorney General Ken Paxton discussing the new rule that creates reporting requirements for district attorneys and county attorneys.
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