Ten days. That’s all that’s left of the 87th Regular Session. But oh, what a 10 days they are shaping up to be!
COVID-19 update
It’s been a while since we had something to report on the pandemic front, but perhaps we are going to start this session the way we ended it: talking about COVID-19.
This week Governor Abbott issued Executive Order GA-36 to prohibit cities, counties, and related governmental entities and officials from mandating face coverings (with exceptions for facilities such as county jails and state prisons). The order takes effect this Saturday, May 22 (except for public schools) and is enforceable by a fine of up to $1,000 for any local entity or official who violates it.
We’ll spare you any legal analysis of whether the governor can or cannot do this—who knows?—but we will point out that this may force the hands of the Texas Supreme Court, whose current emergency order expires on June 1, 2021, to address this issue soon. (Probably right after we send out this update, knowing our luck!) It will be interesting to see whether the judicial branch leadership addresses the issue in a manner different from the executive branch and which will claim priority in your local courthouses, but ultimately, any enforcement of a criminal sanction could be up to your discretion. So good luck with that!
We now return you to our regularly-scheduled programming—which has turned into a telenovela this week!
Drama
The difference between the House and Senate’s respective prioritization of some criminal justice reform bills boiled over this week and became one of several stated reasons why the House stopped work on Thursday for two days, which could result in several hundred Senate bills not being passed before Tuesday’s deadline in the lower chamber. As with many things at the legislature, the Senate’s rejection of various criminal justice-related House bills may be a good reason for such a protest, but it isn’t necessarily the real reason. There are many other issues at play here, so don’t be misled into thinking this is only—or even primarily—about criminal justice reform. However, it does serve as another data point supporting what we’ve been telling you all session: The two chambers are far apart in their prioritization of many issues that could impact your work, and that probably won’t change in the waning days of this session.
More deadlines
For a list of the final bill deadlines that are about to kick in, see this recent post from the Legislative Reference Library. The main ones to note are Tuesday night (for Senate bills in the House) and Wednesday night (for House bills in the Senate). Until then, nothing is truly dead.
New laws
The first of hundreds upon hundreds (upon HUNDREDS) of bills that will become law this session are now being signed by Governor Abbott. Among the bills we are tracking that have become law are:
- HB 567 by Frank/Hughes limiting CPS intervention in alleged child abuse/neglect cases
- HB 2536 by Krause/Buckingham narrowing the definition of neglect in alleged child abuse/neglect cases (eff. May 15, 2021)
- SJR 47 by Huffman/Landgraf changing the eligibility requirements for certain judicial offices (on the ballot November 2, 2021)
The default effective date for new laws is September 1, 2021, but some measures—like HB 2536—become effective upon signing, and others—like SJR 47—must be approved by voters before taking effect. We’ll try to note those exceptions to the general rule when applicable.
The final hurdle
Bills that have successfully run the legislative gamut and are on their way to the governor include:
- HB 1071 by Harris/Whitmire (use of dogs in certain court proceedings)
- SB 162 by Blanco/Geren (criminal penalty for lying on gun purchase documents)
- SB 530 by Huffman/Cole (internet harassment)
- SB 1354 by Miles/Collier (injury of elderly individual by omission)
- SCR 7 by Springer/Spiller designating the Bowie knife as the official state knife of Texas
If you know of a bill sent to the governor that you still want to support or oppose before it becomes law, contact Shannon for more details on how to do that effectively.
Bills in conference
When one chamber makes changes to a bill from the other chamber before approving it, the bill must be returned to the original chamber to concur with those changes or refuse to concur and go to a conference committee to hash out the differences. Bills currently “in conference” include:
- HB 1927 by Schaefer/Schwertner (permitless carry)
- SB 7 by Hughes/Cain (omnibus election fraud)
- SB 295 by Perry/Minjarez (sexual assault counselor privilege)
Conference committees do not take testimony on their bills, but the members (known as “conferees”) may accept input individually. If you want to have a say in their final product, you can find the conferees for each bill by clicking on the bill links above and reaching out to them on your own, but you might want to check with Shannon or Rob first to get the inside scoop.
What’s up with that?
As we near the end of the session, here is a quick update on some of the many, many bills we’ve been following for you all session:
HB 20 / HJR 4 / SB 21 (bail reform): Still up in the air.
HB 39 (protective orders): Passed Senate, returning to House for approval of changes.
HB 88 / SB 161 (George Floyd Act): Dead, but some parts of it are still alive as stand-alone bills.
HB 140 (death penalty ban for serious mental illness): Dead.
HB 148 (statute of limitations for aggravated assault): In House Local & Consent Calendars Committee.
HB 179 (grand jury “reform”): Dead.
HB 187 (subsequent writs by agreement): Voted down in Senate Criminal Justice Committee.
HB 217 (post-conviction DNA): Voted down in Senate Criminal Justice Committee.
HB 225 (subsequent writs for non-scientific evidence): Voted down in Senate Criminal Justice Committee.
HB 275 (subsequent writs for scientific evidence in punishment): Voted down in Senate Criminal Justice Committee.
HB 368 (alias DL address for prosecutors): Pending in Senate State Affairs Committee.
HB 385 (termination/revocation of probation): Passed Senate Criminal Justice Committee.
HB 441 (Class C punishment for POM < 1oz.): Dead.
HB 492 / SB 1544 (no-knock warrants): Dead.
HB 686 (“second looks” early parole): Voted from Senate Criminal Justice Committee as substituted.
HB 830 (banning arrests for traffic violations): Not heard in Senate Jurisprudence Committee.
HB 834 (corroboration of undercover officers): Not heard in Senate Jurisprudence Committee.
HB 970 (prosecutor data reporting): Dead.
HB 1293 / SB 698 (out-of-time new trial): Dead.
HB 1340 (limits on law of parties in death penalty): Not heard in Senate Jurisprudence Committee.
HB 1441 (innocent owner changes in forfeitures): Not heard in Senate Jurisprudence Committee.
HB 1717 / SB 1903 (employment actions over discovery violations): Dead.
HB 1925 (public camping ban): Passed Senate, returning to House for approval of changes.
HB 2162 (OAG conviction integrity unit): Dead.
HB 2335 (prosecutor liability for riot damage): Dead.
HB 2436 (diversion review panel): Dead.
HB 2448 (surety discharge upon immigration detention): Recommended for Senate Local & Uncontested Calendar.
HB 2593 (THC edible penalties): On Senate Intent Calendar.
HB 2631 (jailhouse informant procedures): Dead.
HB 3315 (mandatory pretrial diversion): Dead.
HB 3334 (statewide sentencing database): Dead.
HB 3363 (warrants for location information): Passed Senate Criminal Justice Committee.
HB 3586 (creating Texas Sentencing Commission): Dead.
HB 3611 / SB 690 (remote proceedings): Dead, but language continues on in HB 3774.
HB 3774 / SB 1530 (omnibus courts bill): The House bill is still alive in the Senate in substituted form.
SB 10 / SB 234 / SB 1879 / HB 749 (advocacy limits): House bill is dead; SB 1879 language was substituted into SB 10 and set on the House calendar for Monday.
SB 11 (appellate re-organization): Dead.
SB 23 / HB 1900 (ban on defunding metro PDs): Both versions are still alive.
SB 49 (mental illness/intellectual disability procedures): Returning to Senate for consideration of House changes.
SB 111 (LEA discovery duties): Recommended for House Local & Consent Calendar.
SB 252 (OAG prosecution of public officials): Dead.
SB 476 (mandatory sexual assault response teams): On next House Local & Consent Calendar.
SB 1508 (OAG election integrity division): Dead.
SB 1529 (appellate super-court): Dead.
SB 2212 (officer duty to render aid to injured person): Returning to Senate for consideration of House changes.
Whew! What a list—and that’s only a fraction of what is still in play with 10 days remaining in the session. (Nor does it include several important bills listed in the next two sections below.) Also, remember that the substance of any bill marked “dead” on this list could still re-appear between now and Wednesday evening as an amendment on another bill, so don’t yet give up or give in, as the case may be!
Floor calendars
Both chambers will meet once this weekend and then have marathon floor sessions Monday through Wednesday. On tap for debate on the House floor are the following bills:
Sunday, May 23
- SB 24 by Huffman/Bonnen (law enforcement hiring procedures)
- SB 1831 by Taylor/Thompson (human trafficking prevention at schools)
- SB 623 by Blanco/Minjarez (sexual assaults of/by Texas military forces members)
- SB 23 by Huffman/Oliverson (ban on defunding law enforcement agencies)
- SB 1164 by Campbell/Collier (consent in sexual assaults)
- SB 1827 by Huffman/Holland (opioid abatement account)
- SB 1047 by Seliger/Smithee (DWI blood search warrant execution)
- SB 335 by N. Johnson/Wu (toxicological evidence in DWI cases)
- SB 109 by West/Meyer (fraudulent securing of document execution)
- SB 112 by West/Harless (mobile tracking device applications)
Monday, May 24
- SB 10 by Bettencourt/Paddie (limits on advocacy by local governments)
- SB 30 by West/Leach (discriminatory deed language)
- SB 69 by Miles/White (limiting use of choke holds)
The Senate Intent Calendar for Saturday and next week is not yet available, but we will issue a supplement this weekend with more details if they become available.
Calendars Committee bills
The House has only three more floor calendars on which to pass Senate bills—Sunday, Monday, and Tuesday. Among the last of the Senate bills pending before the Calendars Committee for consideration by the full House are:
- SB 68 by Miles/Reynolds (duty to intervene/report use of excessive force)
- SB 321 by Huffman/Bonnen (ERS cash balance plans)
- SB 576 by Hinojosa/Lozano (human smuggling)
- SB 768 by Huffman/A. Johnson (fentanyl)
- SB 912 by Buckingham/Slawson (enhancing punishments for various riot-related crimes)
Remember, the Calendars Committee does not take additional testimony on bills sent to it from other committees; instead, its members take input on bills individually. If you know any members of that committee, don’t be shy about reaching out to them on bills as you see fit.
Scattershooting
Here are some articles we read this week that you might find interesting:
- “Four reasons the Texas ‘constitutional carry’ bill is in limbo” (Houston Chronicle)
- “Allocating $16 billion in coronavirus relief funds will be part of special legislative session in the fall” (Texas Tribune)
- “These two marijuana bills still have a chance to pass in the Texas Legislature” (Austin American-Statesman)
Quotes of the Week
“Things were way overblown. It’s very similar to the dot-com boom and then bust.”
—Kyle Murray, vice-dean at the University of Alberta School of Business, commenting upon the unfulfilled promises of the Canadian marijuana industry.
“It’s a very unique law and it’s a very clever law. Planned Parenthood can’t go to court and sue Attorney General Paxton like they usually would because he has no role in enforcing the statute. They have to basically sit and wait to be sued.”
—Josh Blackman, constitutional law professor at South Texas College of Law, on SB 8 by Hughes/Slawson, the anti-abortion “heartbeat” bill that is to be enforced by a new private cause of action rather than criminal prosecution or civil injunctions by the State.
“We’d like to be given reasons as to why these bills are dying based on policy. And when you can’t get those answers, can’t get hearings, can’t get votes, it’s frustrating.”
—State Rep. Jeff Leach (R-Plano), explaining why he moved for the House to recess for two days this week in protest of the Senate failing to pass—or even consider—certain House bills.
“[W]hen [the kids] started questioning him, it seemed to have frustrated him because his main objective were [sic] to get to the next town, but I think … he just got frustrated with the questions and just told me to stop the bus and get off. ‘All y’all get off now.’”
—Kenneth Corbin, school bus driver from South Carolina, explaining how his young students peppered an armed hijacker with so many questions that the man eventually ordered everyone off the bus so he could get to his destination in peace. [Don’t pretend you haven’t been there, parents! LOL]
“For the life of me, I do not understand why a piece of cloth has become a symbol of freedom and liberty in this state.”
—State Rep. Drew Darby (R- San Angelo), after the House voted down (by one vote) an amendment to prohibit local officials from implementing mask mandates in future pandemics.
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