89th Legislative Session
Comptroller Glenn Hegar estimates that Texas will have a $21 billion budget surplus headed into the legislative session, which is $10 billion less than last session. Texas would be the eighth largest economy in the world if it were its own nation. The legislature is constitutionally required to pass a budget, which funds most of the state’s functions including state agencies, courts, and public and higher education. It is the legislature’s only must-pass item of the entire legislative session. Roads, water infrastructure, electric grid infrastructure, border security, and public education are competing interests that the legislature must address. Assuming school vouchers are enacted, they will likely reduce the surplus by $4 billion. The public-school funding proposal not enacted in 2023 will cost around $6 billion. Two infrastructure priorities for energy and water could cost between $6 and $8 billion, leaving only around $3–5 billion for another round of property tax cuts, probably narrowing the scope to business property taxes. President-Elect Donald Trump promised to make border security a priority, which could alleviate some of Governor Greg Abbott’s suggested nearly $3 billion in state border security spending. If the federal government increases its policing of the border, then that might free up more of the state budget for other priority items.
Representative Martinez-Fischer (D-San Antonio), a veteran member in the House, sent a letter to his fellow Democrats asking for unity in their decision on whom to support for Speaker to preserve their power. Representative David Cook (R-Mansfield), one of the two declared Republican candidates for House Speaker, responded with a letter to Martinez-Fischer in an attempt to win Democrat support for his campaign. Cook offered to re-evaluate how public schools are funded by changing to enrollment-based funding versus attendance-based funding. Cook also discussed pay raises for teachers and eliminating the STAAR test. Cook has the GOP caucus endorsement but is shy of the 76 votes needed to win the Speaker’s race, as is the other announced candidate, Rep. Dustin Burrows (R-Lubbock). Currently, no Democrats have publicly supported Cook.
In 2020, the Texas AG’s Office filed a lawsuit challenging the 2020 Electoral College results in four states, including Pennsylvania. The U.S. Supreme Court declined to hear the case. However, the Texas State Bar attempted to sanction First Assistant Attorney General Brent Webster for his role in the lawsuit. The Texas Supreme Court issued a 7-to-2 opinion finding no evidence that Webster engaged in unethical conduct during the Texas v. Pennsylvania case. SCOTX Opinion The Court ruled that the State Bar’s actions violated the constitutional authority of the OAG and the separation of powers doctrine. The Court ruled that a court can sanction an executive-branch lawyer for conduct that occurs before the court and violates the disciplinary rules, but a collateral review of a public lawyer’s statements by the commission at the start of litigation is prohibited. Attorney General Ken Paxton declared victory and called the actions of the State Bar a politically motivated witch hunt.
Governor Abbott appointed Justice Jimmy Blacklock as the new chief justice of the Supreme Court of Texas. Former Chief Justice Nathan Hecht departs after reaching the mandatory retirement age and serving 36 years, which made him the longest serving justice on the Court. Governor Abbott appointed his general counsel, James Sullivan, to fill Blacklock’s seat. Sullivan recently filed an amicus brief to SCOTX rebuking the Texas House Criminal Jurisprudence Committee’s efforts to stop the execution of Robert Roberson via a legislative hearing subpoena. Sullivan argued that only the governor has the constitutional power to grant clemency. Both Justices will have to run for reelection in 2026.
Mandatory Brady training
It is important to keep up with the legislature each session because it sometimes imposes new duties on prosecutors. One example of that is Government Code §41.111 (“Training Related to Prosecuting Attorney’s Duty to Disclose Exculpatory and Mitigating Evidence”), which requires that every attorney prosecuting a jailable criminal offense in this state must complete one hour of instruction on the duty to disclose such evidence and information. This training must be completed by all elected, appointed, or hired prosecutors within 180 days of taking office or assuming those prosecutorial duties. Rules adopted by the Court of Criminal Appeals also require prosecutors to take a refresher course every fourth year after completing their initial course.
As the legislature returns to Austin for another round of policymaking, we thought now was a good time to remind everyone that TDCAA’s Brady training is available online through our website to satisfy this requirement. Our *FREE* one-hour course on a prosecutor’s duty to disclose exculpatory and mitigating evidence and information has been approved by the Court of Criminal Appeals for the purpose of complying with this statutory mandate. Successful completion of the course will be recorded by TDCAA and shared with the Court as proof of satisfying this state mandate. Those who complete the course will also receive one hour of MCLE ethics credit from the State Bar of Texas.
To access and complete this mandatory course, visit our Brady Resources webpage and click on the link for the 2022 online course. If you have questions about this course, please contact Shannon.
New HIPAA rules
On its way out the door, the Biden Administration directed the federal Health & Human Services Department (HHS) to adopt an administrative rule strengthening “reproductive health care privacy” in the wake of the U.S. Supreme Court’s Dobbs decision overturning Roe v. Wade. As a result, law enforcement and prosecutors across the nation must now jump through a new federally mandated hoop before obtaining HIPAA information from health care providers. In a nutshell, hospitals and related providers are required to obtain a signed attestation from the requestor that the protected health information is not being sought to investigate, prosecute, or sue someone for acts relating to various types of legal reproductive health care services.
Like all federal policy changes, these new rules are longer than your arm when printed. Our one-sentence summary of this new mandate cannot begin to describe all the relevant details but is merely provided for informational purposes. If this change is news to you or your local law enforcement agencies and you want more details, you can start digging into the issue by reading this HHS Fact Sheet.
Forensic testing grants
The legislature dedicates state funds every session to a grant program for local prosecutors who need help covering the costs associated with the forensic analysis of physical evidence. For the next state fiscal year (which starts in September 2025), the Governor’s Public Safety Office (PSO) expects to make $2 million available for that purpose. However, certified applications for those funds are due Thursday, February 13, 2025. For more information about this PSO grant program and how to apply, see this eGrants link.
Quotes of the week
“I can tell you personally, since November 5th, I have been praying and thanking God for the changes He’s made, and I pray He brings the wisdom, the courage, and the strength to this court to make right the wrongs of the past and clearly interpret the law as it was intended.”
—State Sen. Bob Hall (R-Edgewood), prior to leading the assembled crowd in the Pledge of Allegiance at the investiture of the three newest members of the Court of Criminal Appeals. (Video of the full investiture is available here.)
“The tradeoff presented to lawmakers is apparent: At what financial threshold does the risk posed by expanding casino gambling become acceptable? Using the numbers above, the result would be political subdivisions bringing in less than $184 per year for each Texas adult who develops some degree of gambling addiction. It is up to lawmakers to decide if this is a golden windfall or a mess of pottage …. What is the tolerable amount of human suffering to top off public coffers?”
—Derek M. Cohen, Ph.D., writing for the TEXAS PUBLIC POLICY FOUNDATION’s The Costs of Chance: Evaluating the Economic and Social Implications of Casino Gambling Expansion in Texas.
“He said, … ‘The rules don’t apply to me.’ The arrogance of that and the hypocrisy of that are overwhelming to me.”
—Attorney General Ken Paxton, at a recent speaker’s race event in Leander, referring to Representative Burrows helping to draft caucus rules that he is now ignoring.
“We are going to be changing the name of the Gulf of Mexico to the Gulf of America …. [It has a] beautiful ring to it.”
—President-elect Donald Trump during a press conference discussing the Gulf of Mexico.
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