[* = Updated Friday, March 19 at 4:50pm; again at 6:30pm]
This Monday will mark the halfway point of the 87th Regular Session. And like a lot of things in life right now, it’s going to get worse before it gets better. Read on for details.
Bail reform
The Senate Jurisprudence Committee took testimony on SB 21 by Huffman (R-Houston) yesterday after posting notice for it earlier in the week. The hearing included dramatic testimony from Harris County citizens victimized by offenders who were free on bond for other cases—sometimes on quite serious charges. Harris County DA Kim Ogg was also invited to testify before the committee about the situation in her county. For a run-down of that hearing courtesy of our friends at TAC, see this article. (We’d never heard of someone out on bonds for 18 different cases, but apparently that is “a thing” in Harris County now!)
The importance of understanding the Harris County situation is that, as the largest jurisdiction in the state, Harris County’s criminal justice problems are often the tail that wags the dog for the rest of Texas. With a governor, lieutenant governor, and several powerful legislators also being from Harris County, it’s a certainty that any “bail bond reform” passed by this legislature will address this situation of Harris County judges granting violent and/or sex offenders personal bonds or low cash/surety bonds for offense after offense after offense.
As for the hearing itself, the bill was laid out by its author (from Harris County, natch) with the caveat that it is a work in progress, and prosecutors from other jurisdictions who testified either for (Comal and Fort Bend Counties) or against (Bexar County) the filed bill did so based on the impact the proposed changes might have on their specific counties. That is a great example of how prosecutors engage at the Lege—we can tell you (as best we can) what is going on, but you have to pay attention to these measures as they move through the process, decide how they impact your jurisdiction, and let your local legislators know that.
With that in mind, now might be a good time for some of you to watch how things went yesterday. The testimony on SB 21—which was the first bill taken up by the committee—lasted a little more than three hours. You can watch the entire hearing, or you can focus on the testimony from prosecutors from Harris County (0:23:30 to 1:02:20), Comal and Fort Bend Counties (1:23:40-1:34:05), and Bexar County (1:43:45–1:49:00). You might also want to familiarize yourself with the filed version of SB 21 and competing House proposals in the form of HB 20 by Murr and HJR 4 by Kacal, the latter of which would amend the state constitution to authorize—or in some cases, require—the denial of bail in more types of cases than currently permitted. Those House proposals have not been set for a hearing yet, but they might soon be.
And as always, you can follow up with Shannon for more information as needed.
Prosecution powers
As if you needed more proof that Harris County events often drive discussions at the Lege, the Senate Local Government Committee took testimony Monday on SB 252 by Bettencourt (R-Houston), a bill to grant the state attorney general novel (read: unconstitutional) original concurrent jurisdiction over abuse of office crimes. A summary of that bill’s discussion and the unique situation it is trying to address can be found in this Houston Chronicle article, and video of the hearing can be viewed at this archived link (discussion on SB 252 begins at the 0:44:45 mark). There was a quite interesting discussion about who can—or should—prosecute public officials, but we found it interesting that not once during the discussion was there any mention of the AG’s office offering assistance to the Harris County DA in that specific case discussed in the Chronicle article, as is already authorized under the law the bill would amend.
If you want a peek into how these issues are being considered in the Texas Senate, watch that video (linked above) for yourself. And if you were unable to attend the hearing but would like to weigh in on SB 252, the committee membership is listed here; it next meets on Monday at 1:00 p.m. to vote on this and other bills.
Bill filings
The deadline to file general bills ended last week and the final tally was impressive: More than 2,600 bills were filed the week before the deadline, and more than 7,000 bills and resolutions were filed in all. That makes this 87th Regular Session the third most voluminous session for bill filing in Texas history. (It also shows how much legislative work can be done from home via electronic bill filing. Isn’t technology great?) Furthermore, we are tracking a record-high 1,590 bills right now, which constitutes more than one out of every five bills filed this session. (It’s hell being popular, ain’t it?) That high bill load—combined with pandemic limitations, a new committee schedule, and the resumption of trial work in your local courthouses—will make it more difficult for both us and you to stay on top of happenings at the capitol, but we’ll do our best to get you the information you need to act on the issues that are important to you.
Meanwhile, to view the bills that would amend the Penal Code or Code of Criminal Procedure or that fall into our “Bills to Watch” category, use the links on the right-hand side of our Legislative page. And as always, if you ever have questions about any piece of legislation, please contact Shannon.
Floor action
The Senate started sending bills to the House this week, including SB 25 by Kolkhorst guaranteeing a right to in-person visitation for certain facility residents, and SB 2142 by Hughes, a bill on energy re-pricing that was filed, referred to committee, voted from committee, and voted out of the full Senate in a single day. The House will start passing its bills to the Senate next week, and then the real fun will start.
Committee news
Bills to emerge from committees this week included: HB 39 by Neave (protective orders), HB 817 by Moody (authorizing Keno in Texas restaurants and bars), and HB 1024 by Geren (booze to go). So far, none of the bills heard in the House Criminal Jurisprudence Committee have been called up for a vote, but that is likely to change by Monday, so if you have opinions about bills already placed before the committee on topics like civil asset forfeiture, hate crimes, subsequent writs, and more, check our past updates (archived here) and weigh in with the committee members directly as you see fit. (Note that bills originally posted for hearing to require the recording of grand jury testimony (HB 1313 by Deshotel) and the appointment of counsel before magistration (HB 277 by Collier) were withdrawn and have not been heard by the committee.)
For those interested, a review of this week’s hearing on asset forfeiture bills by our friends at TAC can read here.
Committee notices
The following bills have been posted for hearing in committee this week. For a full agenda of all bills to be heard at each meeting, please click the link in the committee’s name below; the text of each individual bill will be accessible on that notice by clicking the bill number.
Monday, March 22
House Juvenile Justice & Family Issues – 10:00 a.m., Room E2.014
HB 162 by Thierry prohibiting prosecution of prostitution/sellers under 18 years old
HB 967 by Dutton raising the age of juvenile jurisdiction to include 17-year-olds
HB 1430 by Dutton changing juvenile jurisdiction to only 12- to 17-year-olds
HB 1783 by White exempting children under 12 from juvenile jurisdiction
HB 486 by Wu raising the age of juvenile jurisdiction to include 17-year-olds
HB 487 by Wu exempting children under 12 from juvenile jurisdiction
HB 1709 by Neave removing runaways from consideration as status or CINS offenders
House Criminal Jurisprudence – 2:00 p.m. or upon final adjournment, Room E2.010
HB 239 by Murr relating to drug-free zones
HB 246 by Murr clarifying the definition of “sexual contact” in educator/student cases
HB 376 by Smith increasing the punishment for improper sexual activity with a person in custody
HB 402 by Hernandez directing certain forfeiture funds to trafficking victim services
HB 489 by Wu creating a new admonition regarding jury punishment elections
HB 703 by Gervin-Hawkins allowing stacking of all injury to a child cases
HB 816 by Krause reducing various non-Penal Code punishments and creating a commission to study other penal laws for further revision
HB 836 by Dutton imposing a new requirement for resisting arrest charging instruments
HB 842 by Moody allowing criminal history disclosures to be made to the defense
HB 1086 by Moody creating 4th-degree felonies and reducing various drug felonies to misdemeanors
HB 1293 by Smithee authorizing new trials at any time with a prosecutor’s consent
HB 1352 by Crockett accelerating release times under CCP Art. 17.151
HB 1394 by White expanding eligibility and granting of orders of non-disclosure
HB 1509 by Murphy enhancing certain repeat misdemeanors to felonies
HB 1605 by Dutton creating an inmate legal services office at TDCJ
HB 1773 by Cook creating an offense for obtaining unneeded medical treatment by deception
Tuesday, March 23 (No relevant postings)
Wednesday, March 24
House Public Health – 8:00 a.m., JHR 140
HB 1694 by Raney creating a “good Samaritan” defense for drug possession charges
HB 2051 by Klick relating to public access to hospital investigation materials
House Corrections – 8:00 a.m., E2.026
HB 379 by Smith delaying parole eligibility for certain inmates convicted of online solicitation
HB 465 by Shaheen delaying parole eligibility for certain inmates convicted of human trafficking
HB 2190 by White mandating pretrial diversion or deferred adjudication for certain state jail felony offenders
HB 2386 by Moody making public certain information about execution drugs
*House Judiciary & Civil Jurisprudence – 8:00 a.m., E2.014* [updated]
HB 2549 by Dutton relating to suits against certain governmental employees
HB 1493 by Herrero relating to an entity name that falsely implies gov’t affiliation
HB 2709 by Julie Johnson regarind applications for court-ordered MH services
HB 2335 by Middleton creating civil liability for prosecutors who fail to prosecute rioters
Thursday, March 25
*House State Affairs – 8:00 a.m., E1.004 (Capitol Extension Auditorium)* [updated]
HB 393 by Moody redefining Penal Code definition of “bet” to exclude fantasy sports
HB 749 by Middleton barring certain legislative activities w/ local gov’t funds
HB 1804 by Meyer barring settlements of certain harassment claims w/ public funds
HB 1925 by Capriglione prohibiting camping in certain public places
HB 1960 by Slawson relating to local gov’ts that “defund the police”
HB 2362 by Harris relating to local gov’ts that “defund the police”
HB 3151 by Leman relating to local gov’ts that “defund the police”
*House Elections – 8:00 a.m., E2.028* [updated]
HB 6 by Cain relating to election integrity; creating new election crimes, enhancing existing crimes, and creating a new method for appointing pro tem prosecutors
Senate Jurisprudence – 9:00 a.m., Betty King Committee Room (2E.20)
(not posted yet; check here for future postings)
*House Homeland Security & Public Safety – 10:30 a.m. or upon adj., E2.030* [updated]
HB 54 by Talarico barring law enforcement agency contracts with TV shows
HB 88 by S. Thompson, the George Floyd Act
HB 127 by Ortega relating to the unlawful carrying of certain firearms
HB 788 by Geren making 9-1-1 operators eligible for certain treatment court programs
HB 830 by S. Thompson limiting officers’ authority to arrest for certain offenses
HB 1069 by Harris authorizing certain first responders to carry firearms on duty
HB 1094 by Oliverson relating to carrying a handgun without a license
HB 1238 by Biedermann authorizing unlicensed carrying of a handgun
HB 1396 by White regarding the report of misconduct to TCOLE
HB 1911 by White authorizing unlicensed carrying of a handgun
HB 1927 by Schaefer authorizing unlicensed carrying of a handgun
HB 2462 by Neave relating to forensic sexual assault exams
HB 2555 by Neave relating to the statewide tracking system for sexual assault exams
HB 2675 by Guillen relating to a license to carry a handgun for certain victims
HB 2733 by Tinderholt creating a database for reporting and tracking DWI interlock conditions and violations
HB 2900 by Hefner authorizing unlicensed carrying of a handgun
Prosecutor rotation
Thanks to Comal CDA Jennifer Tharp, Harris DA Kim Ogg, Bexar CDA Joe Gonzales, Kleberg/Kenedy DA John Hubert, 47th DA Randall Sims, 106th DA Philip Mack Furlow, and numerous other assistant prosecutors from those and other offices for coming to Austin to weigh in important issues this week.
If you want to come to Austin to see how the sausage is made, contact Shannon for details on how to get involved. We have several slots available for prosecutors to come to Austin and help craft the laws and appropriations that directly impact you, so check your calendar and find a good time between now and mid-May to participate in the three-ring circus that is the Texas Legislature.
COVID and the capitol
For those coming to the legislature in the remaining weeks of the session, remember that Senate committee rooms require proof you are negative for COVID-19 for entry or to provide testimony. You can obtain that proof in the M*A*S*H tents outside the north doors of the capitol either by submitting to a free rapid test or by presenting a COVID-19 vaccine card and matching ID. Don’t forget to factor that additional time into your visits.
Scattershooting
Here are some articles we read this week that you might find interesting:
- “In Texas’ top 10 scandals of the past century, how does the 2021 electricity crisis rank?” (Dallas Morning News)
- “Why Is Art Acevedo Leaving Houston?” (Texas Monthly)
- “New bill would give AG Ken Paxton, accused of abuse of office, new power to prosecute same crime” (Dallas Morning News)
Quotes of the Week
“I definitely think it is really more a ploy in the court of public opinion than a sound legal strategy.”
—Amy Kristin Sander, media law expert at UT’s School of Journalism and Media, on the claims by two North Texas men arrested for entering the Capitol during January’s riot that they were only there as “alternative news journalists” to document events.
“I went from being on a very hot seat to having one of the safest jobs in Texas. I think it’s just going to be me for a while.”
—Arthur D’Andrea, the (formerly) lone remaining member of the Public Utility Commission, who later tendered his resignation after Texas Monthly obtained comments from him in which he said the PUC would resist state senate efforts to “re-price” consumer energy bills incurred during the recent winter storm.
“Unfortunately, I noticed that my deed had such language in my neighborhood. I didn’t know whether to burn the house down or to come pass the legislation, and we chose this positive path.”
—State Sen. John Whitmire (D-Houston), co-author of SB 30 by West (D-Dallas), which would make it easier for property owners to remove racially discriminatory language from old deed records purporting to bar ownership by non-whites. The bill is one of Lt. Gov. Patrick’s 31 priority issues this session and it has already been voted favorably from committee.
“Yeah, it is a weird town when mommy and daddy are fighting.”
—Unidentified Republican, commenting upon the on-going Abbott-Patrick rift this session (as reported by Dallas Morning News Austin bureau chief Bob Garrett).
“I am not running against Greg Abbott, OK? He and I work very well together, we’ve had a very successful run together, and I don’t think there’s much daylight on this.”
—Lt. Gov. Dan Patrick (R-Houston), responding to rumors that his recent policy fights with Governor Abbott may be a preview of a primary battle in 2020.
“Am I considering that? Sure. What I’ve got to choose for myself is, [do] I want to get into a leadership role in the next chapter of my life?”
—Matthew McConaughey, Oscar-winning actor and famous Austin resident, when asked by Today Show co-host Al Roker whether he was considering a run for governor of Texas.
“My concern is—it’s obvious in this case, probably somebody should do something—but in our history, in our state’s history, occasionally we get some renegade attorney generals who, if they really didn’t like you, could harass the individual official.”
—State Sen. Robert Nichols (R-Jacksonville), expressing doubts about the provision of SB 252 by Bettencourt (R-Houston) that would give the attorney general original criminal jurisdiction over abuse of office prosecutions.
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