They’re no longer back.

Breakin’ (Quorum) 2: Electric Boogaloo

Enough Democratic House members left the state to bust quorum in that chamber, meaning it cannot conduct business until at least 100 members are present and accounted for. This seems to happen every 20–30 years and the state has managed to survive each time, so we’re just going to kick back and enjoy the show while politicians do politician things.

Bail reform

Although the House is in limbo, the Senate still has enough warm bodies to act. That upper chamber passed SB 6 and SJR 3 by Huffman (R-Houston) on unanimous votes. The joint resolution is the same as the regular session version, but the bill was amended before passage in response to several technical issues raised during the committee hearings on Saturday. (Yes, we spent six hours in the capitol last Saturday working on bail stuff—aren’t you jealous?) As we predicted last week, these bills elicited nowhere near as much angst in the Senate as in the House, so now they head to that lower chamber, where their future remains uncertain.

Next week

Who the heck knows? We’re all at the mercy of the news cycle and the insatiable drive for follows, likes, clicks, and donations.

Legislative Update CLEs

We’ll continue to monitor the special session while finalizing our Legislative Update course for launching next month. So far, we’ve accepted 190 registrations for the in-person course in Rockwall (August 12), 320 registrations for the in-person course in Galveston (September 21), and more than 900 registrations for the online course that will go live in the latter half of August. Registration details are available by clicking any of those links, so click on the one that interests you and sign up now—especially if you are taking the course online, as early registration guarantees that you will receive your 2021–23 Legislative Update book in time to follow along with our speakers as you take the course.

Prosecutors: Journeys to Justice

TDCAA’s Diversity, Recruitment, and Retention Committee used a grant from the Texas Bar Foundation to create another tool for you in the recruitment of new talent for your office. Prosecutors: Journeys to Justice highlights the opportunities that being a prosecutor can offer to new lawyers and the benefits that a diverse prosecutor’s office can provide to local communities. You can use this short video when speaking to local schools and community gatherings about the importance of diversity in our profession. Visit https://www.tdcaa.com/diversity to watch and share the video and other related resources generated by the committee.

Scattershooting

Some articles that you might find interesting:

• “The Prosecutor Exodus” (City Journal)
• “A lesson in understanding serial killers and child molesters” (book review from The Spectator)
• “US overdose deaths hit record 93,000 in pandemic last year” (AP News)

Quotes of the Week

“My Democratic colleagues have been quoted saying ‘all options are on the table.’ Respectfully, all options are on the table for myself as well.”
            —House Speaker Dade Phelan (R-Beaumont), in an interview the day before the first called session convened. There is currently a “call” on the House, which means House sergeants-at-arms and DPS officers have been instructed to find and return missing members to that chamber.

“As soon as they come back in the state of Texas, they will be arrested, [and] they will be cabined inside the Texas Capitol until they get their job done.”
            —Gov. Greg Abbott, who has promised to call as many special sessions as needed to get some of his preferred legislation passed.

“Our goal is not to release them. Our goal is to jail them.”
            —Abbott, talking about the migrants crossing the Texas-Mexico border. (But if you assumed he was talking about House Democrats, we will excuse that honest mistake. Who can keep track anymore?)

“It’s like being a truant at school. You’re supposed to be in the classroom, but you’re not. … That’s what you have—you have truancy here in the purest sense of the word. These officials don’t want to be back in the chamber, and if you’re going to bring them back, you’re probably going to have to resort to something that you’re not going to be happy about.”
            —Bill Miller, Austin lobbyist, finding an analogy for the recent quorum-busting.

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They’re baaaaaaaaaaaaaaaaaaaaaaack!

Called Session No. 1

Legislators re-convened yesterday to start the 1st Called Session of the 87th Legislature. This special session has been called by the governor to tackle the following issues:

• Reforming the bail system “to protect the public from accused criminals who may be released on bail”
• “Strengthening the integrity of elections”
• Border security funding
• “Protecting social-media users from being censored by social-media companies”
• Restoring Article X funding in the state budget for the legislative branch (vetoed by Abbott)
• Dating violence programs for students, but with an opt-out for parents (vetoed by Abbott because of that omission)
• University Interscholastic League (UIL) competitions limited to the student’s sex at birth
• Further limits on abortion-inducing drugs
• An extra TRS payment for retired teachers
• A stronger ban against teaching critical race theory in schools
• Additional funding for property tax relief, foster care, and cybersecurity

Even though all of these topics were debated in bill form during the regular session, everything starts anew in a special session. New bills with new numbers have to run the entire gauntlet of the legislative process again, no matter how close they came to passing in May. However, the compressed schedule of a special session—which can last no more than 30 days—will lead to things being fast-tracked in comparison to the pace of a regular session.

Note that even though the legislature is supposed to focus on issues the governor has placed “on the call”—hence this being the first “called” session after a regular session—many bills are being filed on other matters. Legislation on non-called topics can technically pass if no legislators raise a point of order that the bill is “outside the call.” (Think of it like a pass interference in football—unless the referee calls the penalty, the result of the play stands.) Historically, bills outside the call of a special session almost never pass—especially when the level of partisan dislike is as high as it is right now—but never say never. Therefore, we will read and track bills just like in a regular session, and you can also follow along at https://capitol.texas.gov/ (just be sure to select “87(1) – 2021” as your session before searching for a called session bill).

Curious about any of the rules for a special session? Contact Shannon with a bill number or issue and he’ll let you know what the scoop is.

Bail reform

New Bills
One thing the Legislature can pass in this special session is bail reform, thanks to it being included in the governor’s call. In the House, those bills have been filed as HB 2 by Smith (R-Van Alstyne) and HJR 1 by Kacal (R-College Station). Identical versions of the House legislation have been filed in the Senate as SB 6 by Huffman (R-Houston) and SJR 3 by Huffman. The joint resolutions would amend the state constitution to allow denial of bail in a few additional circumstances, and they are identical to the final conference committee report version of HJR 4 from the regular session. The bills are the enabling legislation for HJR 1 and many other changes unrelated to preventive detention.

Roughly 90 percent of HB 2/SB 6 is identical to the final conference committee report version of HB 20 from the regular session. In a nutshell, the new language:

• sets a default for release on the lowest bail and least number of conditions needed to ensure reappearance in court and protect public safety;
• requires a “Public Safety Report” to be prepared and referenced by a magistrate prior to setting bail within 48 hours of arrest;
• prohibits the court from taking testimonial evidence at the initial bail setting;
• allows the use of default bail schedules—but only if they contemplate the individualized review required by the bill;
• allows indigent offenders who are denied bail or unable to make bail under a bail schedule to file an affidavit and seek a lower bail amount, which must also be decided within 48 hours of arrest, and any denial of that subsequent request must be explained by a magistrate in written findings;
• prohibits release on personal bond for a list of “violent offenses”;
• prohibits release on personal bond for certain offenses while already out on bond or on community supervision for one of those “violent offenses”;
• limits charitable bail organizations;
• requires a magistrate to consider the defendant’s criminal history and citizenship status and whether the instant offense involves violence (including against law enforcement) when setting bail; and
• requires a clerk to send details of a bond and its conditions to the local prosecutor and to the sheriff or chief of police, one of the latter two of whom must upload them into TCIC.

(Yes, we know that’s a big “nutshell,” but there’s a lot to unpack in this legislation.)

One improvement over the regular session bill language is that proposed Art. 17.027 (Release on Bail of Defendant Charged with Offense Committed While on Bail) no longer requires the bail in a subsequent out-of-county arrest to be set by the judge in the original case for which the defendant is on bond. Instead, it now includes a provision that merely requires information about the out-of-county arrest to be promptly sent to the original court in which the defendant is free on bail so that judge in the original case may reevaluate the bail set in that case. However, one provision that may need continued fine-tuning is an apparent overlap of two different 48-hour hearing requirements that are internally inconsistent. It remains to be seen how interested the special session committees will be in making changes, though.

Committees
For starters, the House bill has been filed by Rep. Reggie Smith (R-Van Alstyne), not Rep. Andrew Murr (R-Junction), who has carried that legislation the past several sessions. (Rep. Murr is now the author of HB 3, the new election integrity bill—talk about being thrown out of the frying pan and into the fire!) In addition, the House legislation has been referred to a new Select Committee on Constitutional Rights and Remedies that Speaker Phelan created specifically to handle several hot-button issues this special session. The committee line-up is:

Chair: Rep. Ashby (R-Lufkin); Vice-chair: S. Thompson (D-Houston)
Members: Bucy (D-Austin), Clardy (R-Nacogdoches), Geren (R-Fort Worth), Jetton (R-Sugar Land), A. Johnson (D-Houston), Klick (R-Fort Worth), Landgraf (R-Odessa), Longoria (D-Mission), Lozano (R-Kingsville), Moody (D-El Paso), Neave (D-Dallas), Shaheen (R-Plano), and White (R-Hillister).

That’s 9 Rs (including the chairman) and 6 Ds, for those of you counting at home, with only Rep. Ann Johnson having served on the Criminal Jurisprudence Committee that heard this bill in the regular session. How this new author and committee will impact the language of the bill that eventually gets referred to the full House is unclear, but if you have thoughts about this topic and you have a local legislator who is on this new committee, now is the time to pass that along because things are moving quickly.

Across the rotunda, the Senate bills have been referred to the Jurisprudence Committee, which has heard all these issues during the regular session and which is chaired by the author of this legislation, so we expect fewer fireworks or curveballs in the upper chamber.

Hearings
The Lege is now operating on expedited “special session time,” so hearings on the bills filed Thursday will be held tomorrow, Saturday, July 10:

• House Select Committee on Constitutional Rights & Remedies – 8:00 a.m., Room E1.030
  HB 2 by Smith relating to bail reform
  HJR 1 by Kacal authorizing the denial of bail in certain cases
  HB 3 by Murr relating to election integrity

• Senate Committee on Jurisprudence – 10:00 a.m., Room 2E.20 (Betty King Committee Room)
  SB 6 by Huffman relating to bail reform
  SB 9 by West requiring dating violence instruction in schools
  SJR 3 by Huffman authorizing denial of bail in certain cases

Outlook
Much of the language in the special session bills is the same as the most recent versions from the regular session. As a result, the legislation probably faces greater difficulty in the more criminal justice reform-minded House, but as noted above, the lay of the land in the lower chamber has changed in ways that make predictions more difficult.

As to the prospects for these bills … on the one hand, the new House committee could signal a greater likelihood that a Senate-flavored bill focused more on detaining violent or repeat offenders will pass the House, which previously leaned more toward limiting the use of pre-trial detention rather than expanding it (even for violent offenders). On the other hand, the political tension in the Big Pink Building has increased greatly in the wake of the House Democrats busting quorum at the end of the regular session, making it less likely that there will be any type of bipartisanship on most issues taken up in this special session. Republicans may still have the votes to push through whatever they want with regard to statutory bail changes, but any joint resolution to amend the state constitution and allow more preventive detention requires the approval of two-thirds of each chamber, and Republicans lack the numbers to cross that threshold on their own. As a result, HJR 1 and SJR 3 may be starting this special session on life support due to partisanship more than actual policy concerns. Welcome to the sausage-making process.

Next week

Both the House and Senate have adjourned until Tuesday. Committees started to meet today on some bills, and more are scheduled to meet tomorrow and into next week. For access to the upcoming hearings on bills other than bail reform, check this calendar of committee meetings by date. And remember, if you want to be heard on any issue taken up during the special session, don’t expect them to wait on you. Engage now or it may be too late.

CJIS reporting and grants

Applicants for FY 2022 grants from the governor’s Public Safety Office (PSO) will soon receive a letter confirming that all applicants are eligible for those grants despite the criminal history reporting challenges presented by the recent pandemic. We’ll leave the details to the letter and merely note here that 1) this is only for FY 2022 grants, so don’t let your guard down on future reporting, and 2) Amy Befeld and others at the Texas Association of Counties did a great job in obtaining this grant of temporary executive clemency for applicants this grant cycle, so be sure to thank them for all their hard work. (As well as Aimee Snoddy and the good people at PSO who granted the request!)

Senate Bill 111 (87RS)

Here’s a note unrelated to the special session.

Following the passage of SB 111 (effective September 1, 2021), which adds Article 2.1397 (Duties of Law Enforcement Agency Filing Case) to the Code of Criminal Procedure, the Bexar County Criminal District Attorney’s Office has created a working group to collaborate with other prosecutor offices on the creation of a uniform, required written statement for law enforcement to use when filing a case. If you are interested in participating, please reach out to the BCDA’s Office directly at [email protected] or 210/335-2736.

Legislative Update CLEs

Speaking of new laws like the one created by SB 111, we’ll be monitoring the special session fun at the capitol while also finalizing our Legislative Update book and online course for launching next month. Course registration has been open for only a week or two, but we’ve already accepted 175 registrations for the in-person course in Rockwall (August 12), more than 300 registrations for the in-person course in Galveston (September 21), and more than 700 registrations for the online course that will go live in the latter half of August. (Registration details are available by clicking any of those links.) All paid registrations include a copy of our 2021–2013 Legislative Update book, so sign up now to guarantee we can ship you a copy early enough to follow along with our speakers as you take the course online!

Scattershooting

Some articles that you might find interesting:

• “America’s Pot Labs Have A THC Problem” (FiveThirtyEight)
• “More People Are Buying Guns. Fewer People Are Getting Background Checks.” (FiveThirtyEight)
• “Can Criminal Justice Reform Survive a Wave of Violent Crime?” (The New Republic)
• “Texas House leader creates special panel to craft election, bail-bond overhauls in special session” (Dallas Morning News)
• “As killings tied to defendants out on bond rise in Houston, crime data reveals a crisis in courts” (Houston Chronicle)

Quotes of the Week

“We are seeing a troubling surge in violent crime, such as murder and armed robbery, committed by defendants who some courts have released on bond for new and repetitive offenses. It is preposterous to assert that continuing to release violent and repetitive offenders on bond is somehow not fueling the crime rate.”
            —David Mitcham, 1st Assistant D.A. in Harris County, in an article taking a look at the bail challenges in Harris County.

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Week 21? Yes, Week 21 (and then some). We know the Legislature meets in regular session for only 20 weeks, but we had to tie this off and knot it somehow, and a 21st update on the 21st day of June 2021 just seemed to make sense.

Vetoes

Governor Abbott vetoed 20 bills on Friday, bringing his total to 21 for the 87th Regular Session. Those vetoes include:

• HB 686 by Moody granting early parole consideration to certain youthful offenders
• HB 787 by Allen relating to probationers’ contact with other offenders
• HB 1193 by Wu relating to the sealing of certain juvenile determinate sentencing records
• HB 2448 by Canales discharging a surety’s liability for offenders taken into federal custody for immigration purposes
• SB 1 by Nelson, the state’s General Appropriations Act (more on that below)
• SB 36 by Zaffirini relating to hazing
• SB 237 by Bettencourt authorizing cite and release for criminal trespass
• SB 281 by Hinojosa limiting forensic hypnosis in criminal investigations
• SB 474 by Lucio, III regulating the outdoor tethering of dogs
• SB 1458 by Zaffirini mandating the use of standardized protective order forms

For a full list of all the bills vetoed by the governor after this session, along with the veto statements explaining each action, click here.

One bill not vetoed was HB 558 by White/Hall relating to blood draws following certain motor vehicle collisions. Some prosecutors—along with the Texas Criminal Defense Lawyers Association—asked the governor to veto that bill because of its potential conflict with the constitutional requirements laid out in Missouri v. McNeely and State v. Villarreal, but the bill will now become law on September 1, 2021. That will be one of many new laws that have potential negative consequences for unwary peace officers or prosecutors, so we will cover it in detail in our upcoming Legislative Update CLEs.

New laws

Bills that took immediate effect this past week include:

• HB 1281 by Wilson/Schwertner legalizing the operation of certain low-powered vehicles (effective June 15)
• HB 2357 by Reynolds/Miles excepting certain autopsy reports and certain information related to crime victims from public disclosure (eff. June 14)
• SB 49 by Zaffirini/Murr facilitating the sharing of information regarding defendants suspected of having a mental illness or intellectual disability (eff. June 18)
• SB 1827 by Huffman/Holland creating an opioid abatement account (eff. June 16)

Curious about any other bills or issues? Contact Shannon with a bill number or issue and he’ll let you know what happened to it.

Special session

Rest while you can, because the conventional wisdom is that the governor will summon legislators back to Austin for a 30-day special session not long after the July 4th holiday weekend. The expectation is that this first called session will include bail reform and “election integrity” legislation, while redistricting is not expected to be taken up until October (after the official federal census data is available). Other topics for which Governor Abbott has recently expressed support for adding to the call of a summer special session include:

• refining the regular session’s ban on teaching critical race theory
• prohibiting social media platforms from censoring or banning (conservative) users
• restoring Article X funding in the state budget

The latter refers to the need to fund the legislative branch of state government in the upcoming biennium after the governor line-item-vetoed its funding from SB 1 (the state budget) to make sure Democrats don’t try to break quorum again during a special session to defeat another election-related bill. That line-item veto was an unprecedented move guaranteed to turn up the heat on an already volatile partisan issue (and perhaps even generate some litigation on our constitutional separation of powers), but how that all ends is anyone’s guess.

Musical chairs

With the close of the veto period comes the inevitable game of political dominoes as various legislators announce their intentions to move up, move out, or hold fast. We generally leave updates on political match-ups to your digital fish-wrap of choice, but sometimes they can change the situation at the legislature even before the election. For example, the recent news that State Sen. Dawn Buckingham (R-Lakeway) is running for Land Commissioner created a vacuum in that chamber because she chaired the Senate Nominations Committee. In response, the lieutenant governor assigned the following new duties:

• State Sen. Donna Campbell (R-New Braunfels): Chair of the Nominations Committee
• State Sen. Kelly Hancock (R-North Richland Hills): Chair of the Veterans & Border Security Committee (formerly chaired by Campbell)
• State Sen. Charles Schwertner (R-Georgetown): Chair of the Business & Commerce Committee (formerly chaired by Hancock)
• State Sen. Bob Hall (R-Edgewood): Chair of the Administration Committee (formerly chaired by Schwertner)

Legislative Update CLEs

If this final legislative update of the 87^th Regular Session whets your appetite for more, wait until you see our full Legislative Update CLE later this summer! We will primarily be offering that program online this year starting in mid- to late-August; more details are available here.

For those of you who still prefer the in-person approach, we have opened registration for a live update in Rockwall on Thursday, August 12, from 1:00–5:00 p.m. (offered in conjunction with—but separate from—our Investigator Conference, and attendance is limited by room capacity). We will also offer a live legislative update CLE on Tuesday, September 21, in Galveston in conjunction with our Annual Criminal & Civil Law Conference; click here for advanced details on that offering.

Scattershooting

Some articles that you might find interesting:

• “Gov. Greg Abbott has lifted almost all Texas pandemic restrictions. But not the one limiting jail releases.” (Texas Tribune)
• “Analysis: The 2021 Texas House, from left to right” (Texas Tribune)
• “Analysis: The 2021 Texas Senate, from left to right” (Texas Tribune)
• “2021: The Best and Worst Legislators (Texas Monthly)

Quotes of the Week

“I think I’m not going to engage. I’ll consider this halftime of this game, knowing that we’re going to be able to come back for at least two special sessions. … We just didn’t get it done in the first half, but we look forward to getting it done in the second half.”
            —Governor Greg Abbott (R), when asked who was to blame for the failure of SB 7, the “election integrity” bill.

“That’s up to the House. In fact, anything the Senate says—or I say—they’ll do just the opposite, so I’m staying out of that.”
            —Lt. Governor Dan Patrick (R), when asked if the House should choose a new speaker.

“There’s no reason to have a special session to talk about a hurricane. If you have a hurricane, you don’t need to be in Austin. I need to be boots on the ground.”
            —House Speaker Dade Phelan (R-Beaumont), who represents a district along the Gulf coast, explaining how House-Senate negotiations over HB 3 (to limit the governor’s power during disasters) broke down over the Senate’s insistence on language requiring a special session be called to continue any disaster declaration for more than 30 days, which the House wanted to limit to pandemics, not natural disasters.

“Trump never built a wall, Mexico didn’t pay for it, and Abbott’s not gonna build a wall. The only thing Texans are gonna pay for is a waste of taxpayer dollars on legal bills.”
            —Domingo Garcia, president of the League of United Latin American Citizens (LULAC), who disparaged the governor’s recent announcement that Texas would build a border wall as “political theater.”

[This will be our last update of the 87th Regular Session, but we’ll be back at it as soon as the governor calls the legislature back to Austin.]

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Close your eyes and visualize how you would feel if you spent five months in trial on the most complicated case you can imagine, only to have the jury hang 11–1 and cause a mistrial.

Yeah, that’s pretty much how we feel right now. #airingofgrievances #serenitynow

Final adjournment

The 87^th Regular Session adjourned sine die yesterday without much fanfare because of the pall cast over the proceedings by the prospects of a special session being called—perhaps as quickly as later this month. That unpopular decision was brought about by the House Democrats’ quorum-busting defeat of SB 7 by Hughes/Cain (election reforms). The story made national news, so you don’t need us to tell you what happened, but let’s just say “it didn’t have to go down like that” and leave it at that. What’s done is done.

After sine die, all the cards remaining to be played are in the governor’s hand. Only a governor can call the legislature back into session, and then only to address specific issues selected by the governor. While we await word on the scheduling of any special session, let’s break down what did and didn’t pass before the final meltdown.

Collateral damage

Several bills we were tracking failed to receive final approval due to the fight over SB 7. Those included:

• HJR 4 (bail) – died in House
• HB 20 (bail) – died in House
• HB 492 (no-knock warrants) – died in House
• HB 2593 (THC edibles) – died in Senate

Of particular importance are the bail reform measures that were among Governor Abbott’s five “emergency issues” for this session, along with expanding broadband internet access, cracking down on “defunding police,” limiting civil liability for businesses open during the pandemic, and “election integrity” legislation. It’s that last one that got all the attention for failing on the final night of the session, but the governor also highlighted the defeat of HJR 4 by Kacal/Huffman and HB 20 by Murr/Huffman as reasons for calling an upcoming special session. The big questions now are, When will it be called? And what else will be on the call?

Everyone already expected a special session over redistricting to be called in October after the federal government’s release in late September of the required census data. Other issues are also likely to be added to that list, but if the legislature is to pass election reforms in time to be effective for the November 2 election—as well as a constitutional proposition on bail (such as HJR 4) to be placed on that ballot—those matters must be addressed sooner rather than later. As a result, we expect the governor to call the 87^th Legislature into a special session later this month.

And now you know why we NEVER make summer vacation plans in odd-numbered years.

New laws

As the dust settles, it appears that roughly 215 of the bills we tracked this session made it to the governor’s desk. That’s only 40 (15%) fewer than last session, despite all the additional headwinds faced by the Lege this year. We don’t know whether that’s impressive or depressing.

It will take us about a month to summarize all of the relevant new laws for our Legislative Update book and related publications (pre-orders can be placed here), but while most new laws don’t take effect until September 1, 2021, a few take effect immediately upon being signed. Here are some of the “immediate effect” bills that have already been signed into law:

• HB 54 by Talarico/Whitmire banning law enforcement participation in reality TV policing shows (effective May 26, 2021)
• HB 1024 by Geren/Hancock authorizing alcohol-to-go for off-premises consumption (eff. May 12)
• HB 2536 by Krause/Buckingham narrowing “neglect” circumstances in CPS cases (eff. May 15)
• SB 315 by Huffman/Hunter applying the Employment Harmful to Children offense to anyone under 21 years of age (eff. May 24)
• SB 1093 by Creighton/Metcalf relating to regional veterans treatment court programs (eff. May 28)

Curious about any other bills or issues? Contact Shannon with a bill number or issue and he’ll let you know what happened to it.

The final hurdle

Bills on their way to the governor’s desk after successfully running the legislative gauntlet before sine die include:

• HB 385 by Pacheco/Hughes (probation reforms)
• HB 686 by Moody/Lucio (early parole for violent youthful offenders)
• HB 1925 by Capriglione/Buckingham (public camping ban)
• HB 3774 by Leach/Huffman (omnibus court creation bill)
• SB 69 by Miles/White (choke holds and excessive force)
• SB 111 by West/Collier (law enforcement discovery duties)
• SB 112 by West/Harless (mobile tracking devices and location data)
• SB 281 by Hinojosa/Lucio III (forensic hypnosis)
• SB 321 by Huffman/Bonnen (ERS cash benefit plans)
• SB 1827 by Huffman/Holland (opioid abatement account and settlements)
• SB 2212 by West/Thompson (officer’s duty to render aid to injured person)

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. The governor has 20 days after sine die to consider whether to sign or veto bills passed in the final 10 days of a session—which is the vast majority of them. This session, that veto deadline falls on Sunday, June 20 (Father’s Day). To date, Governor Abbott has vetoed just one bill sent to him this session, but more are sure to follow. We’ll follow up later this week with more information about a couple of bills on the governor’s plate that may interest some of you in that regard—including one that both prosecutors and defense lawyers may have concerns about.

Legislative Update CLEs

A confluence of events put into motion by the COVID-19 pandemic has resulted in a change to our normal summer tour of Legislative Updates around the state. For the first time, TDCAA will be offering our popular Legislative Update course online this summer and fall. Although we will miss seeing many of you in person, moving the program online will allow greater flexibility for those of you whose courthouses are springing back to life. And for anyone who prefers in-person training, we intend to offer at least one live presentation on Tuesday, September 21, in Galveston in conjunction with our Annual Criminal & Civil Law Conference, and maybe others after that (depending upon the special session situation.) Stay tuned for more details on all these events in the future!

Scattershooting

Some articles that you might find interesting:

• “Democrats’ defeat of Texas voting bill adds an asterisk to Republicans’ ‘most conservative’ legislative session” (Texas Tribune)
• “Gun rights in Texas see major expansion as Legislature rejects bills to address gun violence” (Dallas Morning News)
• “GOP priority bail bill dies in Texas House after Democrats walk out on voting bill” (Texas Tribune)
• With feelings raw over voting bill’s demise, Texas Legislature wraps up—for now” (Texas Tribune)

Quotes of the Week

“Ensuring the integrity of our elections and reforming a broken bail system remain emergencies in Texas. Legislators will be expected to have worked out the details when they arrive at the Capitol for the special session.”
            —Governor Greg Abbott (R), after House Democrats broke quorum and defeated both measures before sine die.

“I’d normally say I’ll see you in 18 months, but I might see you in 18 days or so.”
            —Lt. Governor Dan Patrick (R), as he gaveled out the Senate to adjourn sine die.

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Well, it wouldn’t be an end of a regular session without bills dying, legislators crying, and everyone who is ready to leave town being threatened with a special session. Some things never change.

COVID-19 update

As we told you last Friday, the governor issued Executive Order GA-36 to prohibit cities, counties, and related governmental entities and officials from mandating face coverings, but that wouldn’t necessarily apply to the courts. And sure enough, on Wednesday the Texas Supreme Court issued its own guidance in the form of its 38^th Emergency Order, which basically maintains the status quo in the courts through August 1, 2021. That includes requiring face masks or other measures designed to ensure everyone feels safe enough to attend court in whatever capacity brings them there.

For more on these instructions for the judicial branch, visit the Office of Court Administration’s Court Coronavirus Information webpage.

Final deadlines

The 87^th Regular Session will adjourn sine die (“without day” for reconvening) at some point on Monday, May 31, but all bills passed by both chambers must be agreed to by midnight on Sunday, May 30, or the bill dies—even if they passed both houses in different forms earlier. That’s what legislators will be doing the next 72 hours: haggling over different language, reaching compromises behind closed doors, and drafting compromise language that sounds good to the negotiators (but without further vetting). As a result, our schedule this weekend will be sporadic and somewhat boring—at least until a conference committee report containing a Very Bad Idea™ becomes public, at which point you may be getting a legislative alert from us while you’re on the lake or grilling out for the holiday weekend. We apologize in advance for ruining your weekend if that happens.

Budget is done and dusted

The House and Senate have passed SB 1 by Nelson/Bonnen, the state’s budget for the FY 2022–2023 biennium. It wasn’t long ago that most agencies were asked to fade at least a five-percent reduction in spending, but thanks to the recovering economy and the federal government’s printing presses, budget writers ended up virtually awash in money by the end of session. In fact, this final state budget ended up 5.5 percent higher than the current budget. With that additional boost, the budget writers were able to fully fund the public education investments made last session, increase contributions to the Teacher Retirement System, increase funding for higher education, and provide additional funds to lower CPS caseloads for its caseworkers. Significantly, this budget also provides an additional $30 million for new rural and urban community mental health beds and an additional $86 million for new state mental health hospital beds. Finally, we are happy to report that the items relating to prosecutor office funding—elected felony prosecutor salaries, county attorney supplements, district attorney apportionment funding, and assistant prosecutor longevity pay—were all fully funded.

For a more detailed breakdown of this new budget, check out this update from our friends at TAC.

Still to be determined sometime during the interim will be how Texas should spend an additional $16 billion coming to the state from the American Rescue Plan Act. The governor has given assurances that he will add that to the call of the special session on redistricting to be held sometime this fall, so we’ll be back at our duty station in October (or so) to keep you posted as that develops.

New laws

Among the bills we are tracking that have become law are:

• HB 54 by Talarico/Whitmire banning participation in reality TV policing shows (effective May 26, 2021)
• SB 315 by Huffman/Hunter applying the Employment Harmful to Children offense to anyone under 21 years of age (effective May 24, 2021).

The final hurdle

Bills that have successfully run the legislative gamut and are on their way to the governor include:

• HB 9 by Klick/Campbell (highway obstruction enhancements)
• HB 368 by Sherman/West (alias address on prosecutor’s driver’s license)
• HB 375 by Smith/Zaffirini (continuous sexual abuse of a disabled individual)
• HB 558 by White/Hall (mandatory blood draws in intoxication offenses)
• HB 766 by Harless/Kolkhorst (entry of bond conditions into TCIC)
• HB 929 by Sherman/West (body cam policies)
• HB 1172 by Howard/Zaffirini (rights of sexual assault victims)
• HB 1403 by A. Johnson/Huffman (stacking of sentences)
• HB 1927 by Schaefer/Schwertner (permitless carry)
• HB 2448 by Canales/Hinojosa (discharge of surety following immigration detention)
• SB 282 by Alvarado/Meyer (ban on settling sexual harassment claims with public funds)
• SB 476 by Nelson/Stucky (county sexual assault response teams)
• SB 576 by Hinojosa/Lozano (smuggling of persons)
• SB 1458 by Zaffirini/Neave (standardized protective order forms)

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 awaiting concurrence/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 before midnight on Sunday, May 30. Bills currently at that stage include:

• HJR 4 by Kacal/Huffman (preventive detention)
• HB 20 by Murr/Huffman (bail bond reform)
• HB 385 by Pacheco/Hughes (probation reforms)
• *HB 492 by Wu/West (limits on no-knock warrants)(*we had marked this as “dead” in last week’s update, with the caveat that nothing is ever truly dead until May 31—consider this your case in point!)
• HB 686 by Moody/Lucio (early consideration of parole release for youthful violent offenders)
• HB 1900 by Goldman/Huffman (limits on defunding municipal law enforcement agencies)
• HB 1925 by Capriglione/Buckingham (public camping ban)
• HB 2593 by Moody/N. Johnson (THC edibles)
• HB 3774 by Leach/Huffman (omnibus court creation bill)
• SB 23 by Huffman/Oliverson (limits on defunding county law enforcement agencies)
• SB 49 by Zaffirini/Murr (procedures for defendants with mental illness/intellectual disability)
• SB 68 by Miles/Reynolds (excessive force)
• SB 69 by Miles/White (choke holds)
• SB 111 by West/Collier (law enforcement discovery duties)
• SB 112 by West/Harless (mobile tracking devices and location data)
• SB 281 by Hinojosa/Lucio III (forensic hypnosis)
• SB 321 by Huffman/Bonnen (ERS cash benefit plans)
• SB 1827 by Huffman/Holland (opioid abatement account and settlements)
• SB 2212 by West/Thompson (officer’s duty to render aid to injured person)

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.

Scattershooting

Here are some articles we read this week that you might find interesting:

• “Where do Texas Democrats and Republicans really come together? Dog bills.” (Houston Chronicle)
• “Inside the Texas Capitol date rape drugging case that wasn’t” (Houston Chronicle)
• “‘Big Candy’ is angry” (New York Times)
• Texas lawmakers react to potential special session after conservative bills miss deadline” (Spectrum News)

Quotes of the Week

“It’s just the reality of the solution, you know. When you make big, overarching statements that we’re going to defund or abolish and dismantle the police department and get rid of all the officers, there’s an impact to that. Do we need massive change? Yes, we do. We need accountability and culture shift within our department, and we need police.”
            —Jacob Frey, mayor of Minneapolis, MN, which has seen a steady surge of gun violence after the city’s failed experimentation with de-policing in the wake of George Floyd’s murder.

“I don’t think anyone conceptualized what would happen when … industry and science and business and the motivation of profit come into the state of Washington. All of a sudden, a few years later, your shelves are stocked with these oils that are 99 percent THC.”
            —Washington State Rep. Lauren Davis (D), who supports legislation to cap THC potency in cannabis concentrate products such as oils, wax, and shatter.

“Asking @GregAbbott_TX to call a June #SpecialSession today to pass #SB29 to save girls sports, #SB10 to end taxpayer funded lobbying and #SB12 to stop social media censorship. The TxHouse killed these conservative bills that majority of Texans in both parties support. #txlege”
            —Tweet by Lt. Governor Dan Patrick (R), after the House’s Tuesday night deadline killed several of his priority bills this session.

“That’s pretty goofy. Not only am I the only one with the authority to call a special session; I get to decide when and I get to decide what will be on that special session.”
            —Governor Greg Abbott (R), when asked about the lieutenant governor’s public demands for a special session.

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The only good thing about working a full day on both Saturday and Sunday is that Monday feels more like a Wednesday than a Monday. (But boy howdy, are we going to be disappointed when the real Wednesday arrives and it’s not Friday!)

Bail reform

The Senate passed HB 20 by Murr/Huffman back to the House after substituting the Senate’s preferred language from SB 21 by Huffman into HB 20. That bill now returns to the House, which will almost certainly refuse to accept those changes and ask for a conference committee to iron out the two chambers’ differences behind closed doors.

The Senate also passed HJR 4 by Kacal/Huffman—which would amend the state constitution to allow judges to deny bail to certain offenders—but only after making some controversial changes. The joint resolution was further watered down to get the support of two-thirds of the Senate (which is required for passage of a joint resolution to amend the state constitution), but in doing so, some confusing language was added by floor amendment. Both bills will now go to conference committee to hash out the differences in each measure, and who knows what that will look like.

If this issue is important to you and you want more information on how to get involved, contact Shannon.

Permitless carry

The grand compromise over permitless carry has been reached. The conference committee report for HB 1927 by Schaefer/Schwertner is available here (as a PDF). The House approved the final version by an 82–62 vote just before midnight last night, and the Senate will get its chance to follow suit tonight or tomorrow.

When signed by the governor—and yes, he’s going to sign it quicker than you can say “Don’t you know I’m being primaried?”—the bill will legalize the carrying of handguns without a license in most public places by those 21 years old or older who aren’t otherwise disqualified from possessing a firearm due to their criminal history or family violence situation. However, there are a lot—and we mean A LOT—of interesting angles to the bill that we will cover in full after the dust has settled on this session.

Final floor calendars

Most Senate bills must make it to second reading on the floor by Tuesday at midnight or they are dead in the House. Those still kicking include (in order of appearance on calendar):

Monday, May 24

• SB 10 by Bettencourt/Paddie (limits on some local gov’t lobbying activities)
• SB 69 by Miles/White (limiting choke holds by peace officers)

Tuesday, May 25

• SB 321 by Huffman/Bonnen (ERS cash benefit plans)
• SB 576 by Hinojosa/Lozano (human smuggling)
• SB 1495 by Huffman/Turner (street blocking for racing, etc.)
• SB 68 by Miles/Reynolds (officer duty to intervene in/report uses of excessive force)
• SB 768 by Huffman/A. Johnson (fentanyl enhancements)
• SB 912 by Buckingham/Slawson (riot enhancements)
• SB 568 by Huffman/Wu (failure to report child sex crimes)

Wednesday, May 26

Beyond Tuesday’s deadline, the House can still pass certain Senate bills on its final Local & Consent Calendar on Wednesday; among the bills on that calendar are:

• SB 111 by West/Collier (law enforcement discovery duties)
• SB 615 by Zaffirini/Leach (probate and guardianship proceedings)
• SB 1458 by Zaffirini/Neave (standardized protective order forms)

Across the rotunda, House bills must be finally passed by the Senate by Wednesday night or they are dead. Among those already calendared for possible consideration are:

• HB 385 by Pacheco/Hughes (probation reforms)
• HB 624 by Shine/Campbell (retaliation enhancement for certain property crimes)
• HB 686 by Moody/Lucio (accelerating parole consideration for certain youthful offenders)
• HB 929 by Sherman/West (body-worn camera policies)
• HB 1694 by Raney/Schwertner (Good Samaritan defense to certain drug crimes)
• HB 1900 by Goldman/Huffman (ban on certain cities defunding their police force)
• HB 2366 by Buckley/Hughes (enhancements for crimes against peace officers)
• HB 2462 by Neave/Paxton (forensic sexual assault exams)
• HB 2555 by Neave/Paxton (sexual assault exam tracking system)
• HB 2622 by Holland/Hall (barring enforcement of federal firearms laws)
• HB 2781 by A. Johnson/Whitmire (mass shooting enhancement for aggravated assault)
• HB 3379 by Leman/Kolkhorst (narrowing offense for failure to report child abuse)
• HB 4293 by Hinojosa/Zaffirini (court reminder program for defendants)
• HB 4295 by K. Bell/N. Johnson (confidentiality of autopsy report)

More bills will be added to the Senate’s calendars tonight and tomorrow night, so if you are following a particular House bill in the Senate, keep checking the legislature’s website for the latest news.

More scattershooting

Here are some interesting articles we read this weekend:

• “Jail releases then murders. Cases show struggle to balance public safety and bail reform.” (Austin American-Statesman)
• “A year after George Floyd’s death, dismay over failure to approve comprehensive police reform in Texas” (Dallas Morning News)
• “Murders are rising the most in a few isolated precincts of major cities (Wall Street Journal)
• “In a rare show of accountability, a Texas attorney has surrendered his license” (Texas Observer)

More “Quotes of the Week”

“Ultimately this bill restores a right to Texans that, to my knowledge, has not existed [since] 1871.”
            —State Rep. Schaefer (R-Tyler), author of HB 1927 (permitless carry), moments before the final version was approved by the House.

“We are making progress. I wish we could say we were doing more in police reform, criminal justice reform, and social justice reform. It seems that this legislative body does not have the appetite for being too progressive in those areas, even after George Floyd’s murder.”
            —State Rep. Carl Sherman (D-Desoto), as quoted in an article reviewing the fate of criminal justice reform legislation this session.

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Ten days. That’s all that’s left of the 87^th 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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Tired of getting legislative emails with mind-numbingly long lists of bills set for committee hearings? Well, have we got good news for you! This should be the final one.

Committee notice

Here it is, the last train out of Dodge City. The House bills listed below have to be heard in committee, voted favorably from that committee, and passed by the full Senate before midnight on Wednesday, May 26. It’s the only game left in town, so we’re just going to cut and paste the relevant bills from the official listing below; the text of each bill and related historical information is accessible by clicking the bill number.

Thursday, May 20

SENATE JURISPRUDENCE COMMITTEE – 9:00 a.m., 2E.20 (Betty King Committee Room)

Note that this list could be supplemented with further bills at any time.

If you want to weigh in on any of these bills, make your travel plans ASAP. After Thursday, public commentary on bills in either chamber will almost certainly be done for the session.

We’ll have another update on Friday with information on looming deadlines, what is and is not still alive, and more. Until then … stay dry!

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