FORTY-SIXTH DAY
(Continued)
(Wednesday, May 28, 2025)
AFTER RECESS
The Senate met at 11:38 a.m. and was called to order by the President.
Pastor Rob Endter, Church of the Redeemer, Copperas Cove, offered the invocation as follows:
Dear wise and loving Father, first, let me say thank You on behalf of all who are gathered here today. Thank You for Your many and abundant blessings. Thank You for life itself, for the measure of health we need to fulfill our callings, for sustenance, and for friendship. Thank You for the ability to be involved in useful work and for the honor of bearing appropriate responsibilities. Thanks as well for the freedom to embrace You or the freedom to reject You. Thank You for loving us even so from Your boundless and gracious nature. I pray for our state, for the various levels of state officials, and for the Texas State Senate here assembled. I am asking that you graciously grant them wisdom to govern amid the conflicting interests and issues of our times, a keen thirst for justice and rightness, the ability to work together in harmony even when there is honest disagreement, personal peace in their lives, and joy in their task. I pray for the agenda set before them today. Please give assurance of what would please You and what would benefit those who live and work in and around our beloved State of Texas. I also pray and thank the citizens of Coryell County present here to observe these proceedings. It is in Your most blessed name I pray. Amen.
(Senator Bettencourt in Chair)
SENATE RESOLUTION 559
Senator Zaffirini offered the following resolution:
SR 559, In memory of Maria Teresa Flores Cavazos.
The resolution was read.
On motion of Senator Kolkhorst and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.
On motion of Senator Zaffirini, the resolution was adopted by a rising vote of the Senate.
In honor of the memory of Maria Teresa Flores Cavazos, the text of SR 559 will be printed in the Senate Journal upon adjournment of this legislative day.
Senator Zaffirini was recognized and introduced to the Senate the sisters of Maria Teresa Flores Cavazos: State Representative Lulu Flores, Angela Flores Beck, and Adela Flores.
The Senate welcomed its guests and extended its sympathy.
GUESTS PRESENTED
Senator Flores was recognized and introduced to the Senate a Coryell County delegation.
The Senate welcomed its guests.
PHYSICIAN OF THE DAY
Senator Johnson was recognized and presented Dr. Sentayehu Kassa of Dallas as the Physician of the Day.
The Senate welcomed Dr. Kassa and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
SENATE RESOLUTION 587
Senator Creighton offered the following resolution:
SR 587, Recognizing the Association of Water Board Directors-Texas on the occasion of its 50th anniversary.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Creighton was recognized and introduced to the Senate representatives of the Association of Water Board Directors-Texas.
The Senate welcomed its guests.
SENATE RESOLUTION 614
Senator Nichols offered the following resolution:
SR 614, Recognizing the members of the inaugural cohort of The University of Texas System Texas Legislative Fellowship Program.
The resolution was read and was adopted without objection.
GUESTS PRESENTED
Senator Nichols, joined by Senators Schwertner, Kolkhorst, Blanco, West, Zaffirini, Johnson, Hall, Sparks, and Bettencourt, was recognized and introduced to the Senate the 89th Legislature Texas Legislative Fellowship Program interns including Miguel Koch, Isais Almonte, Brett Khanh Jacobsen, Kayla Trujillo, Bianca Vanessa Perez, Jeremiah Joseph, Stephany Rae Bauer, Julia Heck, Rujul Kulkarni, Tommy Wan, Matthew Allen Moses, Hannah Douglas, Sophia Lopez, and Marissa Nicole Equiniones.
The Senate welcomed its guests.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Wednesday, May 28, 2025 - 1
The Honorable President of the Senate
Senate Chamber
Austin, Texas
Mr. President:
I am directed by the house to inform the senate that the house has taken the following action:
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
Directing the governor of the State of Texas to award the Texas Legislative Medal of Honor to U.S. Army veteran Rickey Dudley Wittner.
Designating Bridge City as the official Corn Dog Capital of Texas for a 10-year period ending in 2035.
Directing the governor of the State of Texas to posthumously award the Texas Legislative Medal of Honor to U.S. Navy SEAL Nathan Gage Ingram of Roanoke.
Designating Pearsall as the official Lineman Capital of Texas for a 10-year period ending in 2035.
Designating San Antonio as Military City Texas for a 10-year period ending in 2035.
Designating Rockport as the official Redfish Capital of Texas for a 10-year period ending in 2035.
SCR 3
Flores
Sponsor: Virdell
|
Designating Bandera as the official Cowboy Capital of Texas for a 10-year period ending in 2035.
SCR 18
Parker
Sponsor: Bumgarner
|
Designating the Town of Trophy Club as the official Texas Town of Patriotism for a 10-year period ending in 2035.
SCR 30
Huffman
Sponsor: Louderback
|
Designating Matagorda County as the official Birding Capital of Texas for a 10-year period ending in 2035.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
SENATE JOINT RESOLUTION 59 WITH HOUSE AMENDMENT
Senator Birdwell called SJR 59 from the President's table for consideration of the House amendment to the resolution.
The Presiding Officer laid the resolution and the House amendment before the Senate.
Floor Amendment No. 1
Amend SJR 59 (house committee report) as follows:
(1) On page 5, between lines 11 and 12, insert the following subsections:
(o) The sum of the amount allocated to the Texas State Technical College System under Section 17 of this article and the amount distributed to the system under this section may not exceed:
(1) for the state fiscal year beginning September 1, 2025, $52 million; and
(2) for a state fiscal year beginning on or after September 1, 2026, the amount determined under this subsection for the preceding state fiscal year adjusted by the increase, if any, in the rate of inflation during the preceding state fiscal year, as determined by the comptroller of public accounts on the basis of changes in the most recent construction cost index published by the Engineering News-Record or, if that index is unavailable, a comparable cost index determined by the comptroller.
(p) If the sum of the amounts described by Subsection (o) of this section would exceed the limit provided under Subsection (o) for a state fiscal year:
(1) the amount allocated to the system under Section 17 of this article shall be reduced until the limit is met or the amount allocated is reduced to zero; and
(2) if necessary after the reduction under Subdivision (1) of this subsection, the amount distributed to the system under this section shall be reduced until the limit is met or the amount distributed is reduced to zero.
(2) On page 6, strike lines 20 and 21 and renumber subsequent SECTIONS of the bill accordingly.
(3) On page 7, lines 2 through 5, strike "and repealing the limitation on the allocation to that system and its campuses of the annual appropriation of certain constitutionally dedicated funding for public institutions of higher education".
The amendment was read.
Senator Birdwell moved to concur in the House amendment to SJR 59.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Creighton, Hughes.
(President Pro Tempore Creighton in Chair)
SENATE BILL 10 WITH HOUSE AMENDMENT
Senator King called SB 10 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Floor Amendment No. 1 on Third Reading
Amend SB 10 on third reading in added Section 1.0041, Education Code, by adding the following appropriately lettered subsection:
(____) The attorney general shall defend a public elementary or secondary school in a cause of action relating any claims arising out of a school's compliance with this section. In a cause of action defended by the attorney general under this subsection, the state is liable for the expenses, costs, judgments, or settlements of the claims arising out of the representation. The attorney general may settle or compromise any and all claims under this subsection.
The amendment was read.
Senator King moved to concur in the House amendment to SB 10.
The motion prevailed by the following vote: Yeas 21, Nays 10.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, Zaffirini.
SENATE BILL 34 WITH HOUSE AMENDMENT
Senator Sparks called SB 34 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Amendment
Amend SB 34 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to funding for certain volunteer fire departments, to the preparation for and the prevention, management, and potential effects of wildfires, and to emergency communications in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section:
(1) "Fuel loading" means the amount of combustible material in a defined space expressed quantitatively in terms of weight of fuel per unit area.
(2) "Service" means the Texas A&M Forest Service.
(3) "University" means West Texas A&M University.
(b) The service and university shall jointly conduct a study to determine the status and condition of fuel loading in wildfire risk zones in this state and the corresponding risk of wildfire to the residents, homes, businesses, and ecology of this state.
(c) In conducting the study, the service and university shall:
(1) establish wildfire risk zones based on fuel loading and the risk of wildfire to the residents, homes, businesses, and ecology of this state within geographic areas defined by the service; and
(2) solicit and consider information from:
(A) the Department of Public Safety;
(B) the Department of Agriculture, including the Prescribed Burning Board;
(C) the Texas Division of Emergency Management;
(D) the Parks and Wildlife Department;
(E) the Texas Commission on Environmental Quality;
(F) the State Soil and Water Conservation Board;
(G) the comptroller of public accounts; and
(H) other natural resource representatives as necessary.
(d) The study must:
(1) for each wildfire risk zone established under Subsection (c)(1) of this section, consider:
(A) the risk that fuel loading poses;
(B) the projected loss of life, property, and natural resources should a wildfire occur in the zone;
(C) the financial impact of costs associated with:
(i) reconstruction in the zone after a wildfire;
(ii) potential loss of production in the natural resource and agricultural industries in the zone after a wildfire; and
(iii) fuel loading mitigation and asset hardening in the zone; and
(D) whether the money invested in fuel loading mitigation in the zone exceeds or is less than the value of property protected by the investment and the amount of the excess or shortage;
(2) assess the overall economic benefits to this state of:
(A) prescribed burning;
(B) fuel loading control for wildfire prevention; and
(C) public investment in fuel loading reduction projects; and
(3) recommend changes to existing law to ensure that public and private natural resource managers have the authority and ability to appropriately mitigate fuel loading risks in each established risk zone.
(e) Not later than December 1, 2026, the service and university shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature with primary jurisdiction over the service or university or another state agency from which information is solicited under this section a written report that includes a summary of the study and any legislative recommendations based on the study.
(f) This section expires May 1, 2027.
SECTION 2. Subchapter B, Chapter 88, Education Code, is amended by adding Section 88.1255 to read as follows:
Sec. 88.1255. STATEWIDE DATABASE OF FIREFIGHTING EQUIPMENT. (a) In this section, "fire department" means:
(1) a volunteer fire department; or
(2) a department of a municipality, county, or special district or authority that provides firefighting services.
(b) The Texas A&M Forest Service shall create and maintain a comprehensive database that shows in real time the statewide inventory of firefighting equipment available for use in responding to wildfires.
(c) The database must:
(1) include a description of the type of firefighting equipment each fire department in this state has available for use in responding to wildfires;
(2) include contact information for the fire department with the equipment;
(3) be searchable by location and equipment type; and
(4) be accessible by all fire departments in this state and allow each fire department to update the database information regarding the fire department's available equipment.
(d) The Texas A&M Forest Service shall:
(1) establish and maintain an electronic system to at least annually notify a fire department that provides the department's firefighting equipment information to the database of the requirement to update the information in the database; and
(2) assist a fire department that provides the department's firefighting equipment information to the database in updating the database annually or as soon as practicable after any change in equipment availability.
SECTION 3. Section 614.102, Government Code, is amended by adding Subsection (i) to read as follows:
(i) At least 10 percent of appropriations for a state fiscal year from the fund for the purpose of providing assistance to volunteer fire departments under the program is allocated for volunteer fire departments located in areas of this state the service determines are at high risk for large wildfires. If the amount of assistance requested under this subsection in a state fiscal year is less than the amount allocated under this subsection, the remainder may be used for other types of assistance requests.
SECTION 4. This Act takes effect September 1, 2025.
The amendment was read.
Senator Sparks moved to concur in the House amendment to SB 34.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 1188 WITH HOUSE AMENDMENT
Senator Kolkhorst called SB 1188 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1188 (house committee report) as follows:
(1) On page 2, line 15, strike "and" and substitute "or".
(2) On page 3, line 21, strike "who uses" and substitute "may use".
(3) On page 3, strike lines 24 through 26, and substitute the following:
course of treatment based on a patient's medical record, if:
(1) the practitioner is acting within the scope of the practitioner's license, certification, or other authorization to provide health care services in this state, regardless of the use of artificial intelligence;
(2) the particular use of artificial intelligence is not otherwise restricted or prohibited by state or federal law; and
(3) the practitioner reviews all records created with artificial intelligence in a manner that is consistent with medical records standards developed by the Texas Medical Board.
(4) On page 4, line 13, strike "upon request".
The amendment was read.
Senator Kolkhorst moved to concur in the House amendment to SB 1188.
The motion prevailed by the following vote: Yeas 23, Nays 8.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Menéndez, Miles, West, Zaffirini.
SENATE BILL 1398 WITH HOUSE AMENDMENT
Senator Kolkhorst called SB 1398 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1398 (house committee report) on page 11, line 21, by striking "allow" and substituting "require".
The amendment was read.
Senator Kolkhorst moved to concur in the House amendment to SB 1398.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 38 WITH HOUSE AMENDMENTS
Senator Bettencourt called SB 38 from the President's table for consideration of the House amendments to the bill.
The President Pro Tempore laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 38 (house committee report) as follows:
(1) On page 5, line 20, between "premises" and the underlined semicolon, insert ", in a conspicuous place".
(2) On page 5, line 21, between "premises" and the underlined semicolon, insert "who is 16 years of age or older".
(3) On page 8, line 24, between "off-duty officer" and the underlined comma, insert "with appropriate identification".
(4) On page 21, line 23, between "off-duty officer" and the underlined comma, insert "with appropriate identification".
Floor Amendment No. 2
Amend SB 38 (house committee printing) as follows:
(1) On page 1, lines 9 and 10, strike "or to which the suit is transferred under Section 24.0041".
(2) Strike page 2, lines 1 through 26 and substitute the following:
Sec. 24.0041. VENUE. An eviction suit must be brought in the justice precinct in which the real property is located.
Floor Amendment No. 3
Amend SB 38 (house committee report) on page 4 by striking lines 6 through 19 and substituting the following:
(a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. In a forcible detainer suit against a tenant whose right of possession is terminated based solely on nonpayment of rent and who was not late or delinquent in paying rent to the landlord before the month in which the notice is given, written notice under this section shall be given in the form of a notice to pay rent or vacate. In a forcible detainer suit against a tenant whose right of possession is terminated based on nonpayment of rent and who was late or delinquent in paying rent to the landlord before the month in which the notice is given, written notice under this section may be given in the form of either a notice to pay rent or vacate or a notice to vacate. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.
Floor Amendment No. 4
Amend SB 38 (house committee report) on page 9, line 17, between "petition" and "under", by inserting "alleging a forcible entry and detainer".
The amendments were read.
Senator Bettencourt moved to concur in the House amendments to SB 38.
The motion prevailed by the following vote: Yeas 23, Nays 8.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, Zaffirini.
SENATE BILL 777 WITH HOUSE AMENDMENT
Senator Hughes called SB 777 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 777 (house committee report) as follows:
(1) On page 1, lines 17 and 18, strike "is rendered as provided by Subchapter E or E-1 or other impasse resolution" and substitute "or other impasse resolution is rendered as provided by Subchapter E or E-1".
(2) On page 2, line 19, between "Section 174.165" and the underlined comma, insert "or Subchapter E-1".
(3) On page 5, line 11, strike "an agreement to arbitrate is executed" and substitute "the original written request to arbitrate is received".
(4) On page 5, line 22, between "a" and "list", insert "nationwide".
The amendment was read.
Senator Hughes moved to concur in the House amendment to SB 777.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 1333 WITH HOUSE AMENDMENT
Senator Hughes called SB 1333 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Amendment
Amend SB 1333 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling; creating criminal offenses; increasing a criminal penalty; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.03(b), Penal Code, is amended to read as follows:
(b) Except as provided by Subsections (f) and (h), an offense under this section is:
(1) a Class C misdemeanor if:
(A) the amount of pecuniary loss is less than $100; or
(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;
(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;
(3) a Class A misdemeanor if:
(A) the amount of pecuniary loss is $750 or more but less than $2,500; or
(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss;
(4) a state jail felony if the amount of pecuniary loss is:
(A) $2,500 or more but less than $30,000;
(B) except as provided in Subdivision (6)(B), less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;
(C) less than $2,500, if the property was a fence used for the production or containment of:
(i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or
(ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code;
(D) less than $30,000 and the actor:
(i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas supply, or other public service; or
(ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas supply; or
(E) less than $30,000, if the property is a motor vehicle that is damaged, destroyed, or tampered with during the removal or attempted removal of a catalytic converter from the motor vehicle;
(5) a felony of the third degree if:
(A) the amount of the pecuniary loss is $30,000 or more but less than $150,000;
(B) the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses;
(C) the actor causes wholly or partly impairment or interruption of access to an automated teller machine, regardless of the amount of the pecuniary loss; or
(D) the amount of pecuniary loss is less than $150,000 and the actor:
(i) causes wholly or partly impairment or interruption of property used for public power supply; or
(ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public power supply;
(6) a felony of the second degree if the amount of pecuniary loss is:
(A) $150,000 or more but less than $300,000; or
(B) $1,000 or more but less than $300,000, if:
(i) the property damaged or destroyed is a habitation; and
(ii) it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 30.05; or
(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more.
SECTION 2. Subchapter D, Chapter 32, Penal Code, is amended by adding Sections 32.56 and 32.57 to read as follows:
Sec. 32.56. FALSE, FRAUDULENT, OR FICTITIOUS DOCUMENT CONVEYING REAL PROPERTY INTEREST. (a) A person commits an offense if, with intent to enter or remain on real property, the person knowingly presents to another person a false, fraudulent, or fictitious document purporting to be a lease agreement, deed, or other instrument conveying real property or an interest in real property.
(b) An offense under this section is a Class A misdemeanor.
(c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
Sec. 32.57. FRAUDULENT SALE, RENTAL, OR LEASE OF RESIDENTIAL REAL PROPERTY. (a) A person commits an offense if the person knowingly:
(1) lists or advertises for sale, rent, or lease residential real property while knowing that the person offering to sell, rent, or lease the property does not have legal title or authority to sell, rent, or lease the property; or
(2) sells, rents, or leases to another person residential real property to which the person does not have legal title or authority to sell, rent, or lease.
(b) An offense under this section is a felony of the first degree.
(c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
(d) It is an exception to the application of Subsection (a)(2) that the person participated in the transaction to sell, rent, or lease the property:
(1) as a lender, a title company, or a broker or agent licensed under Chapter 1101, Occupations Code, or an employee or agent of a lender, a title company, or a broker or agent licensed under Chapter 1101, Occupations Code; and
(2) did not know that another person involved in the transaction did not have legal title or authority to sell, rent, or lease the property.
SECTION 3. Title 4, Property Code, is amended by adding Chapter 24B to read as follows:
CHAPTER 24B. REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL PROPERTY
Sec. 24B.001. RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED OCCUPANT OF DWELLING BY SHERIFF OR CONSTABLE. Notwithstanding any other law, an owner of residential real property or the owner's agent may request that the sheriff or constable of the county in which the property is located immediately remove a person who unlawfully entered and is occupying a dwelling on the property without the owner's consent if:
(1) the property:
(A) was not open to the public when the person entered the property; and
(B) is not the subject of pending litigation between the owner and the person;
(2) the owner or the owner's agent has directed the person to leave the property and the person has not done so; and
(3) the person is not:
(A) a current or former tenant of the owner under an oral or written lease; or
(B) an immediate family member of the owner.
Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED OCCUPANT. (a) A property owner or the owner's agent may request the removal of a person under Section 24B.001 by submitting to the sheriff or constable of the county in which the property is located a complaint in substantially the following form that complies with Subsection (b):
COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING
WITHOUT OWNER'S CONSENT
I, _____ (name of complainant), declare under the penalty of perjury that:
(Complete each item as applicable and initial each item.)
___ 1. I am the owner of residential real property located at ______(property address) or the agent of the owner.
___ 2. A person unlawfully entered and occupies a dwelling on the property without the owner's consent.
___ 3. The property was not open to the public when the person entered the property.
___ 4. The property is not the subject of pending litigation between the owner and the person.
___ 5. The owner or the owner's agent has directed the person to leave the property and the person has not done so.
___ 6. The person is not a current or former tenant of the owner under an oral or written lease and any lease produced by the person is fraudulent.
___ 7. The person is not an owner or co-owner of the property and any title to the property that lists the person as an owner or co-owner is fraudulent.
___ 8. The person is not an immediate family member of the owner.
___ 9. I understand that a person removed from the property as a result of this complaint may bring an action against me for any false statement made in the complaint or for wrongfully submitting the complaint.
___ 10. I understand that I may be held liable for actual damages, exemplary damages, court costs, and reasonable attorney's fees in an action described by Item 9.
___ 11. I am requesting that the sheriff or constable immediately remove each person occupying the dwelling without the owner's consent.
___ 12. A copy of my valid government-issued identification is attached and, if I am the owner's agent, a document evidencing my authority to act on the property owner's behalf is attached.
I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT MADE IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY, PUNISHABLE UNDER SECTION 37.02, PENAL CODE.
____________(signature of complainant)
(b) A complaint submitted under this section must be made under oath or made as an unsworn declaration under Section 132.001, Civil Practice and Remedies Code.
Sec. 24B.003. VERIFICATION OF COMPLAINT; SERVICE OF NOTICE TO IMMEDIATELY VACATE. (a) A sheriff or constable who receives a complaint under Section 24B.002 shall verify that the complainant is:
(1) the record owner of the property that is the subject of the complaint or the owner's agent; and
(2) otherwise entitled to the relief sought in the complaint.
(b) On verifying the complaint under Subsection (a), the sheriff or constable shall without delay:
(1) serve notice to immediately vacate on the person occupying the dwelling without the owner's consent; and
(2) put the owner in possession of the dwelling.
(c) Service of notice to immediately vacate may be accomplished by:
(1) hand delivery to an occupant of the dwelling; or
(2) affixing the notice to the front door or entrance of the dwelling.
(d) A sheriff or constable serving notice to immediately vacate under this section shall attempt to verify the identity of each person occupying the dwelling and note each identity on the return of service.
(e) A sheriff or constable serving notice to immediately vacate under this section may arrest any person found in the dwelling for an outstanding warrant or for trespass or any other offense for which probable cause exists.
(f) A sheriff or constable who serves a notice to immediately vacate under this section is entitled to receive from the complainant a fee in an amount equal to the amount the sheriff or constable would receive for executing a writ of possession.
(g) After the service of notice to immediately vacate by the sheriff or constable under Subsection (b), the property owner or owner's agent may request that the sheriff or constable remain on the property to keep the peace while the owner or owner's agent:
(1) changes any locks; and
(2) removes any personal property of an occupant from the dwelling and places the personal property at or near the property line of the owner's property.
(h) If a request described by Subsection (g) is made, the sheriff or constable may charge the person making the request a reasonable hourly rate set by the sheriff or constable for remaining on the property.
Sec. 24B.004. LIABILITY. (a) A sheriff or constable is not liable to an unauthorized occupant or any other person for loss or destruction of or damage to property resulting from the removal of a person or property under this chapter.
(b) Subject to Section 24B.005, a property owner or the owner's agent is not liable to any person for loss or destruction of or damage to personal property resulting from the removal of the personal property from the owner's property under this chapter.
Sec. 24B.005. ACTION FOR WRONGFUL REMOVAL. (a) A person who is wrongfully removed, or whose personal property is wrongfully removed, from a dwelling or other real property under this chapter may bring an action under this section to:
(1) recover possession of the real property; and
(2) recover from the person who requested the wrongful removal:
(A) actual damages;
(B) exemplary damages equal to three times the fair market rent of the dwelling;
(C) court costs; and
(D) reasonable attorney's fees.
(b) The court shall set an action brought under this section for hearing at the earliest practicable date to expedite the action.
Sec. 24B.006. NONEXCLUSIVITY. This chapter does not limit:
(1) the rights of a property owner; or
(2) the authority of a law enforcement officer to arrest an unauthorized occupant of a dwelling for trespassing, vandalism, theft, or another offense.
SECTION 4. Section 28.03, Penal Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2025.
The amendment was read.
Senator Hughes moved to concur in the House amendment to SB 1333.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Cook, Eckhardt, West, Zaffirini.
RECESS
On motion of Senator Zaffirini, the Senate at 12:58 p.m. recessed until 1:45 p.m. today.
AFTER RECESS
The Senate met at 2:08 p.m. and was called to order by Senator Flores.
SENATE BILL 12 WITH HOUSE AMENDMENTS
Senator Creighton called SB 12 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Amendment
Amend SB 12 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to parental rights in public education, including the imposition of certain requirements and prohibitions regarding instruction and diversity, equity, and inclusion duties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Education Code, is amended by adding Sections 1.007 and 1.009 to read as follows:
Sec. 1.007. COMPLIANCE WITH MANDATORY POLICY. (a) In this section, "public elementary or secondary school" means a school district and a district, campus, program, or school operating under a charter under Chapter 12.
(b) A public elementary or secondary school, the school's governing body, and the school's employees shall implement and comply with each policy the school is required to adopt under this code or other law.
Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED. The fundamental rights granted to parents by their Creator and upheld by the United States Constitution, the Texas Constitution, and the laws of this state, including the right to direct the moral and religious training of the parent's child, make decisions concerning the child's education, and consent to medical, psychiatric, and psychological treatment of the parent's child under Section 151.001, Family Code, may not be infringed on by any public elementary or secondary school or state governmental entity, including the state or a political subdivision of the state, unless the infringement is:
(1) necessary to further a compelling state interest, such as providing life-saving care to a child; and
(2) narrowly tailored using the least restrictive means to achieve that compelling state interest.
SECTION 2. Subchapter C, Chapter 7, Education Code, is amended by adding Section 7.0611 to read as follows:
Sec. 7.0611. FACILITY USAGE REPORT. (a) In this section, "instructional facility" has the meaning assigned by Section 46.001.
(b) The agency by rule shall require each school district to annually report the following information in the form and manner prescribed by the agency:
(1) the square footage of each school district facility and the acreage of land on which each facility sits;
(2) the total student capacity for each instructional facility on a district campus;
(3) for each campus in the school district:
(A) the enrollment capacity of the campus and of each grade level offered at the campus; and
(B) the number of students currently enrolled at the campus and in each grade level offered at the campus;
(4) whether a school district facility is used by one or more campuses and the campus identifier of each campus that uses the facility;
(5) what each school district facility is used for, including:
(A) an instructional facility;
(B) a career and technology center;
(C) an administrative building;
(D) a food service facility;
(E) a transportation facility; and
(F) vacant land; and
(6) whether each school district facility is leased or owned.
(c) From the information submitted under Subsection (b), the agency shall produce and make available to the public on the agency's Internet website an annual report on school district land and facilities. The agency may combine the report required under this section with any other required report to avoid multiplicity of reports.
(d) If the agency determines information provided under Subsection (b) would create a security risk, such information is considered confidential for purposes of Chapter 552, Government Code, and may not be disclosed in the annual report under Subsection (c).
(e) The commissioner may adopt rules as necessary to implement this section. In adopting rules for determining the student capacity of a school district or district campus, the commissioner may consider the staffing, student-teacher ratio, and facility capacity of the district or campus.
SECTION 3. The heading to Section 11.1518, Education Code, is amended to read as follows:
Sec. 11.1518. TRUSTEE INFORMATION [POSTED ON WEBSITE].
SECTION 4. Section 11.1518, Education Code, is amended by amending Subsection (c) and adding Subsections (d) and (e) to read as follows:
(c) Not later than the 30th day after a new person is sworn in as a member [Each time there is a change in the membership] of a school district's board of trustees, the district shall update the information required under Subsection (a) and, as applicable:
(1) post the updated information on the district's Internet website; or
(2) submit the updated information to the agency for posting on the agency's Internet website in accordance with Subsection (b).
(d) A school district shall annually submit to the agency the information required under Subsection (a) for each member of the district's board of trustees. The information must:
(1) identify the member designated as chair; and
(2) be updated as required by Subsection (c).
(e) The commissioner may adopt rules as necessary to implement this section.
SECTION 5. Subchapter A, Chapter 11, Education Code, is amended by adding Section 11.005 to read as follows:
Sec. 11.005. PROHIBITION ON DIVERSITY, EQUITY, AND INCLUSION DUTIES. (a) In this section, "diversity, equity, and inclusion duties" means:
(1) influencing hiring or employment practices with respect to race, sex, color, or ethnicity except as necessary to comply with state or federal antidiscrimination laws;
(2) promoting differential treatment of or providing special benefits to individuals on the basis of race, color, or ethnicity;
(3) developing or implementing policies, procedures, trainings, activities, or programs that reference race, color, ethnicity, gender identity, or sexual orientation except as necessary to comply with state or federal law; and
(4) compelling, requiring, inducing, or soliciting any person to provide a diversity, equity, and inclusion statement or giving preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement.
(b) Except as required by state or federal law, a school district:
(1) may not assign diversity, equity, and inclusion duties to any person; and
(2) shall prohibit a district employee, contractor, or volunteer from engaging in diversity, equity, and inclusion duties at, for, or on behalf of the district.
(c) A school district shall adopt a policy and procedure for the appropriate discipline, including termination, of a district employee or contractor who intentionally or knowingly engages in or assigns to another person diversity, equity, and inclusion duties. The district shall provide a physical and electronic copy of the policy and procedure to each district employee or contractor.
(d) Nothing in this section may be construed to:
(1) limit or prohibit a school district from acknowledging or teaching the significance of state and federal holidays or commemorative months and how those holidays or months fit into the themes of history and the stories of this state and the United States of America in accordance with the essential knowledge and skills adopted under Subchapter A, Chapter 28;
(2) affect a student's rights under the First Amendment to the United States Constitution or Section 8, Article I, Texas Constitution;
(3) limit or prohibit a school district from analyzing school-based causes and taking steps to eliminate unlawful discriminatory practices as necessary to address achievement gaps and differentials described by the district's plans adopted under Section 11.185 or 11.186 or by Section 39.053; or
(4) apply to:
(A) classroom instruction that is consistent with the essential knowledge and skills adopted by the State Board of Education;
(B) the collection, monitoring, or reporting of data;
(C) a policy, practice, procedure, program, or activity intended to enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color, or ethnicity; or
(D) a student club.
SECTION 6. Section 11.161, Education Code, is amended to read as follows:
Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. (a) In a civil suit or administrative proceeding brought under state law or rules[,] against an independent school district or an officer of an independent school district acting under color of office, the court or another person authorized to make decisions regarding the proceeding may award costs and reasonable attorney's fees if:
(1) the court or other authorized person finds that the suit or proceeding is frivolous, unreasonable, and without foundation; and
(2) the suit or proceeding is dismissed or judgment is for the defendant.
(b) This section does not apply to a civil suit or administrative proceeding brought under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.). A civil suit or administrative proceeding described by this subsection is governed by the attorney's fees provisions under 20 U.S.C. Section 1415.
(c) This section does not apply to a proceeding regarding a grievance filed under the grievance procedure established by the board of trustees of a school district under Section 26.011.
SECTION 7. Section 12.104(b), Education Code, is amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal offense;
(2) the provisions in Chapter 554, Government Code; and
(3) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:
(A) the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C, Chapter 22;
(C) reading instruments and accelerated reading instruction programs under Section 28.006;
(D) accelerated instruction under Section 28.0211;
(E) high school graduation requirements under Section 28.025;
(F) special education programs under Subchapter A, Chapter 29;
(G) bilingual education under Subchapter B, Chapter 29;
(H) prekindergarten programs under Subchapter E or E-1, Chapter 29, except class size limits for prekindergarten classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section 33.081;
(J) discipline management practices or behavior management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special investigations under Subchapters A, B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(N) the requirement under Section 21.006 to report an educator's misconduct;
(O) intensive programs of instruction under Section 28.0213;
(P) the right of a school employee to report a crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures under Section 37.0832;
(R) the right of a school under Section 37.0052 to place a student who has engaged in certain bullying behavior in a disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to local law enforcement certain conduct constituting assault or harassment;
(T) a parent's right to information regarding the provision of assistance for learning difficulties to the parent's child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section 25.001;
(V) school safety requirements under Sections 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, 37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and 37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics proficiency plans under Section 11.185;
(X) the college, career, and military readiness plans under Section 11.186; [and]
(Y) parental options to retain a student under Section 28.02124;
(Z) the grievance procedure under Section 26.011 and the grievance policy under Chapter 26A;
(AA) diversity, equity, and inclusion duties under Section 11.005;
(BB) parental access to instructional materials and curricula under Section 26.0061;
(CC) the adoption of a parental engagement policy as provided by Section 26.0071;
(DD) parental rights to information regarding a student's mental, emotional, and physical health-related needs and related services offered by the school as provided by Section 26.0083; and
(EE) establishment of a local school health advisory council with members appointed by the governing body of the school and health education instruction that complies with Section 28.004.
SECTION 8. Section 12A.004(a), Education Code, is amended to read as follows:
(a) A local innovation plan may not provide for the exemption of a district designated as a district of innovation from the following provisions of this title:
(1) a state or federal requirement applicable to an open-enrollment charter school operating under Subchapter D, Chapter 12;
(2) Subchapters A, C, D, and E, Chapter 11, except that a district may be exempt from Sections 11.1511(b)(5) and (14) and Section 11.162;
(3) the grievance policy under Chapter 26A;
(4) state curriculum and graduation requirements adopted under Chapter 28;
(5) Section 28.004; and
(6) [(4)] academic and financial accountability and sanctions under Chapters 39 and 39A.
SECTION 9. Section 21.057, Education Code, is amended by adding Subsection (f) to read as follows:
(f) Except as provided by Subsection (e) and notwithstanding any other provision of this code, a school district is not exempt from the requirements of this section.
SECTION 10. Section 26.001, Education Code, is amended by amending Subsections (a), (c), (d), and (e) and adding Subsections (a-1) and (c-1) to read as follows:
(a) As provided under Section 151.001, Family Code, a parent has the right to direct the moral and religious training of the parent's child, make decisions concerning the child's education, and consent to medical, psychiatric, and psychological treatment of the child without obstruction or interference from this state, any political subdivision of this state, a school district or open-enrollment charter school, or any other governmental entity.
(a-1) Parents are partners with educators, administrators, and school district boards of trustees in their children's education. Parents shall be encouraged to actively participate in creating and implementing educational programs for their children.
(c) Unless otherwise provided by law, a board of trustees, administrator, educator, or other person shall comply with Section 1.009 and may not limit parental rights or withhold information from a parent regarding the parent's child.
(c-1) A school district may not be considered to have withheld information from a parent regarding the parent's child if the district's actions are in accordance with other law, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
(d) Each board of trustees shall:
(1) provide for procedures to consider complaints that a parent's right has been denied;[.]
(2) develop a plan for parental participation in the district to improve parent and teacher cooperation, including in the areas of homework, school attendance, and discipline;
(3) [(e)
Each board of trustees shall] cooperate in the establishment of ongoing operations of at least one parent-teacher organization at each school in the district to promote parental involvement in school activities; and
(4) provide to a parent of a child on the child's enrollment in the district for the first time and to the parent of each child enrolled in the district at the beginning of each school year information about parental rights and options, including the right to withhold consent for or exempt the parent's child from certain activities and instruction, that addresses the parent's rights and options concerning:
(A) the child's course of study and supplemental services;
(B) instructional materials and library materials;
(C) health education instruction under Section 28.004;
(D) instruction regarding sexual orientation and gender identity under Section 28.0043;
(E) school options, including virtual and remote schooling options;
(F) immunizations under Section 38.001;
(G) gifted and talented programs;
(H) promotion, retention, and graduation policies;
(I) grade, class rank, and attendance information;
(J) state standards and requirements;
(K) data collection practices;
(L) health care services, including notice and consent under Section 26.0083(g);
(M) the grievance procedure under Section 26.011 and informs parents that they are not required to file a grievance or an appeal at the district level before pursuing another remedy under law, including by filing a complaint with appropriate authorities to request an investigation; and
(N) special education and bilingual education and special language programs.
(e) The agency shall develop a form for use by school districts in providing information about parental rights and options under Subsection (d)(4). Each school district shall post the form in a prominent location on the district's Internet website.
SECTION 11. Chapter 26, Education Code, is amended by adding Section 26.0025 to read as follows:
Sec. 26.0025. RIGHT TO SELECT PUBLIC OR PRIVATE SCHOOL. A parent is entitled to choose a public school or private school, including a home school, for the parent's child.
SECTION 12. Section 26.004(b), Education Code, is amended to read as follows:
(b) A parent is entitled to access to all written records of a school district concerning the parent's child, including:
(1) attendance records;
(2) test scores;
(3) grades;
(4) disciplinary records;
(5) counseling records;
(6) psychological records;
(7) applications for admission;
(8) medical records in accordance with Section 38.0095, including health and immunization information;
(9) teacher and school counselor evaluations;
(10) reports of behavioral patterns; [and]
(11) records relating to assistance provided for learning difficulties, including information collected regarding any intervention strategies used with the child; and
(12) records relating to library materials checked out by the child from a school library.
SECTION 13. Section 26.006, Education Code, is amended by adding Subsection (g) to read as follows:
(g) Each school district and open-enrollment charter school shall post on the home page of the district's or school's Internet website a notice stating that a parent of a student enrolled in the district or school is entitled to review the materials described by Subsection (a)(1) and may request that the district or school make the materials available for review as provided by this section.
SECTION 14. Chapter 26, Education Code, is amended by adding Section 26.0062 to read as follows:
Sec. 26.0062. REQUIRED DISCLOSURE REGARDING INSTRUCTIONAL PLAN. (a) Each school district shall adopt a policy to make available on the district's Internet website at the beginning of each semester an instructional plan or course syllabus for each class offered in the district for that semester.
(b) The policy adopted under Subsection (a) must:
(1) require each teacher to provide before the beginning of each semester a copy of the teacher's instructional plan or course syllabus for each class for which the teacher provides instruction to:
(A) district administration; and
(B) the parent of each student enrolled in the class; and
(2) provide for additional copies of an instructional plan or course syllabus to be made available to a parent of a student enrolled in the class on the parent's request.
SECTION 15. Chapter 26, Education Code, is amended by adding Section 26.0071 to read as follows:
Sec. 26.0071. PARENTAL ENGAGEMENT POLICY. Each board of trustees of a school district shall develop a parental engagement policy that:
(1) provides for an Internet portal through which parents of students enrolled in the district may submit comments to campus or district administrators and the board;
(2) requires the board to prioritize public comments by presenting those comments at the beginning of each board meeting; and
(3) requires board meetings to be held outside of typical work hours.
SECTION 16. Section 26.008, Education Code, is amended to read as follows:
Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT. (a) Except as provided by Section 38.004, a [A] parent is entitled to:
(1) full information regarding the school activities of a parent's child; and
(2) notification not later than one school business day after the date a school district employee first suspects that a criminal offense has been committed against the parent's child [except as provided by Section 38.004].
(b) An attempt by any school district employee to encourage or coerce a child to withhold information from the child's parent is grounds for discipline under Section 21.104, 21.156, or 21.211, as applicable, or by the State Board for Educator Certification, if applicable.
SECTION 17. Chapter 26, Education Code, is amended by adding Section 26.0083 to read as follows:
Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL, EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a) The agency shall adopt a procedure for school districts to notify the parent of a student enrolled in the district regarding any change in services provided to or monitoring of the student related to the student's mental, emotional, or physical health or well-being.
(b) A procedure adopted under Subsection (a) must reinforce the fundamental right of a parent to make decisions regarding the upbringing and control of the parent's child by requiring school district personnel to:
(1) encourage a student to discuss issues relating to the student's well-being with the student's parent; or
(2) facilitate a discussion described under Subdivision (1).
(c) A school district may not adopt a procedure that:
(1) prohibits a district employee from notifying the parent of a student regarding:
(A) information about the student's mental, emotional, or physical health or well-being; or
(B) a change in services provided to or monitoring of the student related to the student's mental, emotional, or physical health or well-being;
(2) encourages or has the effect of encouraging a student to withhold from the student's parent information described by Subdivision (1)(A); or
(3) prevents a parent from accessing education or health records concerning the parent's child.
(d) Subsections (a) and (c) do not require the disclosure of information to a parent if a reasonably prudent person would believe the disclosure is likely to result in the student suffering abuse or neglect, as those terms are defined by Section 261.001, Family Code.
(e) A school district employee may not discourage or prohibit parental knowledge of or involvement in critical decisions affecting a student's mental, emotional, or physical health or well-being.
(f) Any student support services training developed or provided by a school district to district employees must comply with any student services guidelines, standards, and frameworks established by the State Board of Education and the agency.
(g) Before the first instructional day of each school year, a school district shall provide to the parent of each student enrolled in the district written notice of each health-related service offered at the district campus the student attends. The notice must include a statement of the parent's right to withhold consent for or decline a health-related service. A parent's consent to a health-related service does not waive a requirement of Subsection (a), (c), or (e).
(h) Before administering a student well-being questionnaire or health screening form to a student enrolled in prekindergarten through 12th grade, a school district must provide a copy of the questionnaire or form to the student's parent and obtain the parent's consent to administer the questionnaire or form in the manner provided by Section 26.009(a-2).
(i) This section may not be construed to:
(1) limit or alter the requirements of Section 38.004 of this code or Chapter 261, Family Code; or
(2) limit a school district employee's ability to inquire about a student's daily well-being without parental consent.
(j) Not later than June 30, 2026, the agency, the State Board of Education, and the State Board for Educator Certification, as appropriate, shall review and revise as necessary the following to ensure compliance with this section:
(1) school counseling frameworks and standards;
(2) educator practices and professional conduct principles; and
(3) any other student services personnel guidelines, standards, or frameworks.
(k) Subsection (j) and this subsection expire September 1, 2027.
SECTION 18. Section 26.009, Education Code, is amended to read as follows:
Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a) An employee or contractor of a school district must obtain the written consent of a child's parent in the manner required by Subsection (a-2) before the employee or contractor may:
(1) conduct a psychological or psychiatric examination or[,] test, or psychological or psychiatric treatment, unless the examination, test, or treatment is required under Section 38.004 or state or federal law regarding requirements for special education; [or]
(2) subject to Subsection (b), make or authorize the making of a videotape of a child or record or authorize the recording of a child's voice;
(3) unless authorized by other law:
(A) disclose a child's health or medical information to any person other than the child's parent; or
(B) collect, use, store, or disclose to any person other than the child's parent a child's biometric identifiers; or
(4) subject to Subsection (a-3), provide health care services or medication or conduct a medical procedure.
(a-1) For purposes of Subsection (a):
(1) "Biometric identifier" means a blood sample, hair sample, skin sample, DNA sample, body scan, retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.
(2) "Psychological or psychiatric examination or test" means a method designed to elicit information regarding an attitude, habit, trait, opinion, belief, feeling, or mental disorder or a condition thought to lead to a mental disorder, regardless of the manner in which the method is presented or characterized, including a method that is presented or characterized as a survey, check-in, or screening or is embedded in an academic lesson.
(3) "Psychological or psychiatric treatment" means the planned, systematic use of a method or technique that is designed to affect behavioral, emotional, or attitudinal characteristics of an individual or group.
(a-2) Written consent for a parent's child to participate in a district activity described by Subsection (a) must be signed by the parent and returned to the district. A child may not participate in the activity unless the district receives the parent's signed written consent to that activity.
(a-3) For the purpose of obtaining written consent for actions described by Subsection (a)(4) that are determined by a school district to be routine care provided by a person who is authorized by the district to provide physical or mental health-related services, the district may obtain consent at the beginning of the school year or at the time of the child's enrollment in the district. Unless otherwise provided by a child's parent, written consent obtained in accordance with this subsection is effective until the end of the school year in which the consent was obtained.
(b) An employee or contractor of a school district is not required to obtain the consent of a child's parent before the employee or contractor may make a videotape of a child or authorize the recording of a child's voice if the videotape or voice recording is to be used only for:
(1) purposes of safety, including the maintenance of order and discipline in common areas of the school or on school buses;
(2) a purpose related to a cocurricular or extracurricular activity;
(3) a purpose related to regular classroom instruction;
(4) media coverage of the school; or
(5) a purpose related to the promotion of student safety under Section 29.022.
(c) Before the first instructional day of each school year, a school district shall provide to the parent of each student enrolled in the district written notice of any actions the district may take involving the authorized collection, use, or storage of information as described by Subsection (a)(3). The notice must:
(1) include a plain language explanation for the district's collection, use, or storage of the child's information and the district's legal authority to engage in that collection, use, or storage; and
(2) be signed by the parent and returned to the district.
(d) A school district shall take disciplinary action against an employee responsible for allowing a child to participate in an activity described by Subsection (a)(4) if the district did not obtain a parent's consent for the child's participation in that activity.
(e) A school district shall retain the written informed consent of a child's parent obtained under this section as part of the child's education records.
(f) Nothing in this section may be construed to:
(1) require an employee or contractor of a school district to obtain the written consent of a child's parent before verbally asking the child about the child's general well-being;
(2) affect a child's consent to counseling under Section 32.004, Family Code; or
(3) affect the duty to report child abuse or neglect under Chapter 261, Family Code, or an investigation of a report of abuse or neglect under that chapter.
SECTION 19. Section 26.011, Education Code, is amended to read as follows:
Sec. 26.011. GRIEVANCES [COMPLAINTS]. (a) The board of trustees of each school district shall adopt a grievance procedure that complies with Chapter 26A under which the board shall address each grievance [complaint] that the board receives concerning violation of a right guaranteed by this chapter, of a board of trustees policy, or of a provision of this title.
(b) The board of trustees of a school district is not required by Subsection (a) or Section 11.1511(b)(13) to address a grievance [complaint] that the board receives concerning a student's participation in an extracurricular activity that does not involve a violation of a right guaranteed by this chapter, of a board of trustees policy, or of a provision of this title. This subsection does not affect a claim brought by a parent under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or a successor federal statute addressing special education services for a child with a disability.
SECTION 20. Subtitle E, Title 2, Education Code, is amended by adding Chapter 26A to read as follows:
CHAPTER 26A. GRIEVANCE POLICY
Sec. 26A.001. GRIEVANCE POLICY. (a) The board of trustees of a school district shall adopt a grievance policy to address grievances received by the district.
(b) The policy must provide for the following levels of review, subject to Subsection (c):
(1) review by:
(A) the principal of the school district campus at which the grievance is filed or the principal's designee; or
(B) for a grievance that arises from subject matter unrelated to a campus, an administrator at the school district's central office;
(2) if established by the policy, an appeal to an administrator at the school district's central office;
(3) an appeal to the superintendent of the school district or the superintendent's designee; and
(4) an appeal to the board of trustees of the school district.
(c) A review or appeal on a grievance must be conducted by a person with the authority to address the grievance unless a preliminary hearing is necessary to develop a record or a recommendation for the board of trustees of the school district.
(d) The board of trustees of a school district may delegate the authority to hear and decide a grievance to a committee of at least three members composed only of members of the board of trustees. For purposes of an appeal to the commissioner under Section 7.057, a decision by the committee is a decision of the board of trustees. Subsection (e) applies to the committee in the same manner as that subsection applies to the board of trustees.
(e) The policy must:
(1) prohibit the board of trustees of the school district or a district employee from retaliating against a student or parent of or person standing in parental relation to a student who files a grievance in accordance with the policy;
(2) require a person involved in reviewing a grievance under the policy to recuse himself or herself from reviewing the grievance if the person is the subject of the grievance;
(3) provide for a higher level of review under Subsection (b) if the person who would otherwise review the grievance is required to recuse himself or herself under Subdivision (2);
(4) provide for the creation and retention of a record of each hearing on the grievance, including:
(A) documents submitted by the person who filed the grievance or determined relevant by school district personnel; and
(B) a written record of the decision, including an explanation of the basis for the decision and an indication of each document that supports the decision;
(5) allow the person who filed the grievance to supplement the record with additional documents or add additional claims;
(6) allow for a member of the board of trustees of the school district to file a grievance with the district, but prohibit the member from voting on matters related to that grievance;
(7) allow for a remand to a lower level of review under Subsection (b) to develop a record at any time, including at the board of trustees level of review;
(8) require the school district to direct a grievance that is filed with the incorrect administrator to the appropriate administrator and consider the grievance filed on the date on which the grievance was initially filed;
(9) require the school district to issue a decision on the merits of the concern raised in the grievance, notwithstanding procedural errors or the type of relief requested;
(10) unless otherwise required by law, allow for a hearing or meeting at which the grievance will be discussed to be open or closed at the request of the person who filed the grievance; and
(11) for a grievance before the board of trustees of the school district, require that:
(A) the person who filed the grievance be provided at least five business days before the date on which the meeting to discuss the grievance will be held a description of any information the board of trustees intends to rely on that is not contained in the record; and
(B) the meeting at which the grievance is discussed be recorded by video or audio recording or by transcript created by a certified court reporter.
(f) If a grievance is appealed to the commissioner under Section 7.057, the commissioner may:
(1) investigate an alleged violation of state or federal law regarding the confidentiality of student information, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), relating to the grievance;
(2) collaborate with relevant federal agencies in an investigation described by Subdivision (1); and
(3) take any action necessary to compel the school district, the board of trustees of the district, or a district employee to comply with law described by Subdivision (1).
(g) Each school district shall annually submit to the agency a report on grievances filed in the district during the preceding year. The report must include for each grievance the resolution of the grievance and any corrective action taken.
(h) Not later than December 1 of each year, the agency shall post on the agency's Internet website a report on grievances filed in school districts during the preceding year. The report must aggregate the data statewide and state:
(1) the number of grievances filed;
(2) the number of grievances resolved and the resolution of those grievances; and
(3) any corrective actions taken.
(i) If the commissioner determines that a member of the board of trustees of a school district or a district employee has retaliated against a student or parent of or person standing in parental relation to a student in violation of Subsection (e)(1), the commissioner may:
(1) if the commissioner determines that a district educator has retaliated against a student or parent of or person standing in parental relation to a student, report the educator to the State Board for Educator Certification for investigation; and
(2) if the commissioner determines that a member of the board of trustees of the district, the superintendent, a principal, or another administrator of the district has retaliated against a student or parent of or person standing in parental relation to a student, withhold approval for the guarantee of the district's bonds by the permanent school fund under Subchapter C, Chapter 45.
Sec. 26A.002. TIMELINES FOR FILING AND APPEAL. The policy adopted under Section 26A.001 must:
(1) provide at least:
(A) for a grievance filed by a parent of or person standing in parental relation to a student enrolled in the school district:
(i) 60 days to file a grievance from the date on which the parent or person knew or had reason to know of the facts giving rise to the grievance; or
(ii) if the parent or person engaged in informal attempts to resolve the grievance, the later of 90 days to file a grievance from the date described by Subparagraph (i) or 30 days to file a grievance from the date on which the district provided information to the parent or person regarding how to file the grievance; and
(B) 20 days to file an appeal after the date on which a decision on the grievance was made;
(2) for a hearing that is not before the board of trustees of the school district, require:
(A) the district to hold a hearing not later than the 10th day after the date on which the grievance or appeal was filed; and
(B) a written decision to be made not later than the 20th day after the date on which the hearing was held that includes:
(i) any relief or redress to be provided; and
(ii) information regarding filing an appeal, including the timeline to appeal under this section and Section 7.057, if applicable; and
(3) for a hearing before the board of trustees of the school district, require the board of trustees to:
(A) hold a meeting to discuss the grievance not later than the 60th day after the date on which the previous decision on the grievance was made; and
(B) make a decision on the grievance not later than the 30th day after the date on which the meeting is held under Paragraph (A).
Sec. 26A.003. POSTING OF PROCEDURES AND FORMS. (a) The board of trustees of a school district shall develop, make publicly available in a prominent location on the district's Internet website, and include in the district's student handbook:
(1) procedures for resolving grievances;
(2) standardized forms for filing a grievance, a notice of appeal, or a request for a hearing under this chapter; and
(3) the method by which a grievance may be filed electronically.
(b) A school district shall ensure that a grievance may be submitted electronically at the location on the district's Internet website at which the information described by Subsection (a) is available.
(c) A school district shall submit and make accessible to the agency the location on the district's Internet website at which the information described by Subsection (a) is available.
SECTION 21. Section 28.002, Education Code, is amended by adding Subsection (c-6) to read as follows:
(c-6) The State Board of Education may not adopt standards in violation of Section 28.0043.
SECTION 22. Section 28.0022, Education Code, is amended by amending Subsection (f) and adding Subsection (h) to read as follows:
(f) This section does not create a private cause of action against a teacher, administrator, or other employee of a school district or open-enrollment charter school. [A school district or open-enrollment charter school may take appropriate action involving the employment of any teacher, administrator, or other employee based on the individual's compliance with state and federal laws and district policies.]
(h) A school district or open-enrollment charter school shall adopt a policy and procedure for the appropriate discipline, including termination, of a district or school employee or contractor who intentionally or knowingly engages in or assigns to another person an act prohibited by this section. The district or school shall provide a physical and electronic copy of the policy and procedure to each district or school employee or contractor.
SECTION 23. Section 28.004, Education Code, is amended by adding Subsection (i-2) to read as follows:
(i-2) Before a student may be provided with human sexuality instruction, a school district must obtain the written consent of the student's parent. A request for written consent under this subsection:
(1) may not be included with any other notification or request for written consent provided to the parent, other than the notice provided under Subsection (i); and
(2) must be provided to the parent not later than the 14th day before the date on which the human sexuality instruction begins.
SECTION 24. Subchapter A, Chapter 28, Education Code, is amended by adding Section 28.0043 to read as follows:
Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL ORIENTATION AND GENDER IDENTITY. (a) A school district, open-enrollment charter school, or district or charter school employee may not provide or allow a third party to provide instruction, guidance, activities, or programming regarding sexual orientation or gender identity to students enrolled in prekindergarten through 12th grade.
(b) This section may not be construed to:
(1) limit a student's ability to engage in speech or expressive conduct protected by the First Amendment to the United States Constitution or by Section 8, Article I, Texas Constitution, that does not result in material disruption to school activities;
(2) limit the ability of a person who is authorized by the district to provide physical or mental health-related services to provide the services to a student, subject to any required parental consent; or
(3) prohibit an organization whose membership is restricted to one sex and whose mission does not advance a political or social agenda from meeting on a school district or open-enrollment charter school campus.
SECTION 25. The heading to Section 28.022, Education Code, is amended to read as follows:
Sec. 28.022. NOTICE TO PARENT OF UNSATISFACTORY PERFORMANCE; CONFERENCES.
SECTION 26. Section 28.022(a), Education Code, is amended to read as follows:
(a) The board of trustees of each school district shall adopt a policy that:
(1) provides for at least two opportunities for in-person conferences during each school year [a conference] between each parent of a child enrolled in the district and the child's [parents and] teachers;
(2) requires the district, at least once every 12 weeks, to give written notice to a parent of a student's performance in each class or subject; and
(3) requires the district, at least once every three weeks, or during the fourth week of each nine-week grading period, to give written notice to a parent or legal guardian of a student's performance in a subject included in the foundation curriculum under Section 28.002(a)(1) if the student's performance in the subject is consistently unsatisfactory, as determined by the district.
SECTION 27. Subchapter A, Chapter 39, Education Code, is amended by adding Section 39.008 to read as follows:
Sec. 39.008. CERTIFICATION OF COMPLIANCE WITH CERTAIN LAWS REQUIRED. (a) Not later than September 30 of each year, the superintendent of a school district or open-enrollment charter school shall certify to the agency that the district or school is in compliance with this section and Sections 11.005 and 28.0022.
(b) The certification required by Subsection (a) must:
(1) be:
(A) approved by a majority vote of the board of trustees of the school district or the governing body of the open-enrollment charter school at a public meeting that includes an opportunity for public testimony and for which notice was posted on the district's or school's Internet website at least seven days before the date on which the meeting is held; and
(B) submitted electronically to the agency; and
(2) include:
(A) a description of the policies and procedures required by Sections 11.005(c) and 28.0022(h) and the manner in which district or school employees and contractors were notified of those policies and procedures;
(B) any existing policies, programs, procedures, or trainings that were altered to ensure compliance with this section or Section 11.005 or 28.0022; and
(C) any cost savings resulting from actions taken by the school district or open-enrollment charter school to comply with this section.
(c) The agency shall post each certification received under Subsection (a) on the agency's Internet website.
SECTION 28. Section 12A.004(a), Education Code, as amended by this Act, applies to a local innovation plan adopted or renewed before, on, or after the effective date of this Act.
SECTION 29. (a) Except as provided by Subsection (b) of this section, this Act applies beginning with the 2025-2026 school year.
(b) The changes in law made by this Act apply only to an appeal filed on or after September 1, 2025. An appeal filed before September 1, 2025, is governed by the law in effect on the date the appeal was filed, and the former law is continued in effect for that purpose.
SECTION 30. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.
Floor Amendment No. 1
Amend CSSB 12 (house committee report) as follows:
(1) On page 4, strike lines 24 and 25, and substitute the following:
INCLUSION DUTIES. (a) In this section:
(1) "Classroom instruction" means the provision of information as part of a curriculum by a teacher, or other person designated by a school district to serve in the role of a teacher, in an academic instructional setting. The term does not include:
(A) a discussion that is not instructional;
(B) a discussion or activity not related to the curriculum for the course or subject being taught;
(C) an example or incidental reference included in school work or a lesson or given by a student;
(D) an action taken to prevent or mitigate bullying, as defined by Section 37.0832;
(E) the display or provision of literature or other material that is unrelated to the course or subject being taught; or
(F) the sponsorship of or participation in a club or other extracurricular activity.
(2) "Diversity, equity, and inclusion duties" means:
(2) On page 4, line 26, strike "(1)" and substitute "(A)".
(3) On page 5, line 2, strike "(2)" and substitute "(B)".
(4) On page 5, line 5, strike "(3)" and substitute "(C)".
(5) Strike page 5, lines 7 and 8, and substitute the following:
ethnicity, gender identity, or sexual orientation except:
(i) for the purpose of student recruitment efforts by colleges and universities designated as historically black colleges and universities in collaboration with school districts or open-enrollment charter schools; or
(ii) as necessary to comply with state or federal law; and
(6) On page 5, line 9, strike "(4)" and substitute "(D)".
(7) On page 5, between lines 25 and 26, insert the following:
(c-1) The policy and procedure adopted by a school district under Subsection (c) must ensure that an employee or contractor receives adequate due process and an opportunity to appeal disciplinary actions, including termination, in the same manner provided for other disciplinary actions.
(8) On page 5, between lines 26 and 27, insert the following appropriately numbered subdivision and renumber subsequent subdivisions and cross-references to those subdivisions accordingly:
(____) limit or prohibit a school district from contracting with historically underutilized businesses or businesses owned by members of a minority group or by women in accordance with applicable state law;
(9) On page 6, line 13, strike "or".
(10) On page 6, line 24, between "club" and the underlined period, insert the following:
that is in compliance with the requirements of Section 33.0815; or
(5) limit or prohibit a school district from developing or implementing a targeted recruitment initiative to encourage a diverse applicant pool for district employee positions, provided that the initiative does not constitute a preference in hiring and complies with federal and state antidiscrimination laws
(11) Strike page 28, lines 1 through 16, and substitute the following:
(i) If the commissioner determines that a school district educator has retaliated against a student or parent of or person standing in parental relation to a student in violation of Subsection (e)(1), the commissioner may report the educator to the State Board for Educator Certification for investigation.
(12) On page 31, line 25, between "ON" and "INSTRUCTION", insert "CLASSROOM".
(13) On page 31, line 26, between "(a)" and "A school", insert the following:
In this section, "classroom instruction" has the meaning assigned by Section 11.005.
(b)
(14) On page 32, line 1, between "party" and "to", insert "to whom the district or school has delegated teaching responsibility".
(15) On page 32, strike line 2 and substitute "classroom instruction regarding sexual".
(16) On page 32, line 5, strike "(b)" and substitute "(c)".
(17) On page 32, between lines 5 and 6, insert the following appropriately numbered subdivision and renumber subsequent subdivisions accordingly:
(____) apply to classroom instruction that is consistent with the essential knowledge and skills adopted by the State Board of Education;
(18) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter D, Chapter 33, Education Code, is amended by adding Section 33.0815 to read as follows:
Sec. 33.0815. CERTAIN REQUIREMENTS FOR STUDENT CLUBS. (a) A school district or open-enrollment charter school may authorize a student club.
(b) A school district or open-enrollment charter school must require the written consent of the parent of or person standing in parental relation to a student enrolled in the district or school before the student may participate in a student club authorized under Subsection (a) at the district or school.
Floor Amendment No. 6
Amend CSSB 12 (house committee report) on page 6, lines 12 and 13, by striking "the district's plans adopted under Section 11.185 or 11.186 or by".
Floor Amendment No. 9
Amend CSSB 12 (house committee report) on page 23, by striking lines 8 through 13 and substituting the following:
verbally asking the child about the child's general well-being; or
(2) affect the duty to report child abuse or neglect under Chapter 261, Family Code, or an investigation of a report of abuse or neglect under that chapter.
Floor Amendment No. 12
Amend CSSB 12 (house committee report) as follows:
(1) Strike page 7, line 20, and substitute the following:
SECTION 7. Section 12.104, Education Code, is amended by amending Subsection (b) and adding Subsection (b-5) to
(2) On page 10, between lines 20 and 21, insert the following:
(b-5) Section 11.401 applies to an open-enrollment charter school as though the governing body of the school were the board of trustees of a school district.
(3) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 11, Education Code, is amended by adding Subchapter I to read as follows:
SUBCHAPTER I. ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED
Sec. 11.401. SCHOOL DISTRICT POLICY: ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED. (a) In this subchapter, "social transitioning" means a person's transition from the person's biological sex at birth to the opposite biological sex through the adoption of a different name, different pronouns, or other expressions of gender that deny or encourage a denial of the person's biological sex at birth.
(b) The board of trustees of a school district shall adopt a policy prohibiting an employee of the district from assisting a student enrolled in the district with social transitioning, including by providing any information about social transitioning or providing guidelines intended to assist a person with social transitioning.
(c) A parent of a student enrolled in the district or a district employee may report to the board of trustees of the district a suspected violation of the policy adopted under Subsection (b). The board shall investigate any suspected violation and determine whether the violation occurred. If the board determines that a district employee has assisted a student enrolled at the district with social transitioning, the board shall immediately report the violation to the commissioner.
Sec. 11.402. RELIEF. A parent of a student enrolled in the district may seek relief through the grievance policy adopted under Chapter 26A for violations of this subchapter.
The amendments were read.
Senator Creighton moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SB 12 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Creighton, Chair; A. Hinojosa, Parker, Paxton, and Campbell.
SENATE BILL 37 WITH HOUSE AMENDMENT
Senator Creighton called SB 37 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SB 37 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the governance of public institutions of higher education, including review of curriculum and certain degree and certificate programs, a faculty council or senate, training for members of the governing board, and the establishment, powers, and duties of the Texas Higher Education Coordinating Board Office of the Ombudsman.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CURRICULUM AND ACADEMIC PROGRAMS
SECTION 1.01. Subchapter F, Chapter 51, Education Code, is amended by adding Section 51.315 to read as follows:
Sec. 51.315. GENERAL EDUCATION CURRICULUM REVIEW. (a) In this section:
(1) "General education curriculum" means a core curriculum, as that term is defined by Section 61.821, and any other curriculum or competency all undergraduate students of an institution of higher education are required to complete before receiving an undergraduate degree.
(2) "Governing board" and "institution of higher education" have the meanings assigned by Section 61.003.
(b) At least once every five years, the governing board of each institution of higher education shall conduct a comprehensive review of the general education curriculum established by the institution. In reviewing an institution's general education curriculum, the governing board shall ensure courses in the curriculum:
(1) are foundational and fundamental to a sound postsecondary education;
(2) are necessary to prepare students for civic and professional life;
(3) equip students for participation in the workforce and in the betterment of society;
(4) ensure a breadth of knowledge in compliance with applicable accreditation standards; and
(5) do not advocate or promote the idea that any race, sex, or ethnicity or any religious belief is inherently superior to any other race, sex, or ethnicity or any other religious belief.
(c) In reviewing the general education curriculum of an institution of higher education under Subsection (b), the governing board of the institution shall consider the potential costs the curriculum may impose on students, including for additional tuition, fees, and time a student must spend to complete an undergraduate degree program at the institution.
(d) Each institution of higher education shall annually submit to the governing board of the institution an update regarding any changes to the general education curriculum offered at the institution. The governing board may reserve the right to overturn any decision made by the institution regarding any changes to the general education curriculum offered at the institution.
(e) The governing board of an institution of higher education may appoint a committee to assist the governing board in carrying out its duties under this section, including by making recommendations to the governing board. Members of the committee may include:
(1) faculty employed full time by the institution;
(2) institution administrators;
(3) community leaders;
(4) industry representatives; and
(5) other individuals selected by the governing board.
(f) Not later than January 1 of each year a review is conducted under this section, the governing board of each institution of higher education shall certify the governing board's compliance with this section to the Texas Higher Education Coordinating Board and each standing legislative committee and subcommittee with primary jurisdiction over higher education.
SECTION 1.02. Section 51.354, Education Code, is amended to read as follows:
Sec. 51.354. INSTITUTIONAL AUTHORITY AND RESPONSIBILITY. (a) The final decision-making authority on matters regarding an institution of higher education's degree programs and curricula belongs to the institution. The institution shall make the decisions on those matters under the direction of the institution's governing board.
(b) In addition to specific responsibilities imposed by this code or other law, each institution of higher education has the general responsibility to serve the public and, within the institution's role and mission, to:
(1) transmit culture through general education;
(2) extend knowledge;
(3) teach and train students for professions;
(4) provide for scientific, engineering, medical, and other academic research;
(5) protect intellectual exploration and academic freedom;
(6) strive for intellectual excellence;
(7) provide educational opportunity for all who can benefit from postsecondary education and training; and
(8) provide continuing education opportunities.
SECTION 1.03. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.989 to read as follows:
Sec. 51.989. REVIEW OF MINOR DEGREE AND CERTIFICATE PROGRAMS. (a) In this section, "governing board" and "institution of higher education" have the meanings assigned by Section 61.003.
(b) The president or chief executive officer of an institution of higher education shall adopt and implement a process for reviewing minor degree and certificate programs offered by the institution to identify programs with low enrollment that may require consolidation or elimination.
(c) The criteria for review under Subsection (b) must require that minor degree and certificate programs have specific industry data to substantiate workforce demand to avoid consideration for consolidation or elimination.
(d) A minor degree or certificate program that has operated less than five years at the time the president or chief executive officer of an institution of higher education conducts the review under this section is exempt from that review.
(e) The governing board of an institution of higher education shall approve or deny any decision made by the president or chief executive officer of the institution to consolidate or eliminate a minor degree or certificate program as a result of the review conducted under this section.
(f) The president or chief executive officer of an institution of higher education shall conduct a review under this section once every five years.
SECTION 1.04. Section 61.052, Education Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) A governing board may exclude from the comprehensive list of courses submitted under Subsection (a) courses that were not taught as an organized class or provided through individual instruction for the preceding two academic years.
SECTION 1.05. Subchapter C, Chapter 61, Education Code, is amended by adding Section 61.0522 to read as follows:
Sec. 61.0522. GENERAL EDUCATION CURRICULUM ADVISORY COMMITTEE. (a) In this section:
(1) "Advisory committee" means the general education curriculum advisory committee established under this section.
(2) "General education curriculum" has the meaning assigned by Section 51.315.
(b) The board shall establish an advisory committee to review the general education curriculum requirements of institutions of higher education.
(c) The board shall call for nominations from presidents or chief executive officers, chancellors, and chief academic officers at all institutions of higher education for representatives to serve on the advisory committee. The board shall select a number of representatives determined by the board from those nominated with nominees drawn equally from two-year and four-year institutions.
(d) The advisory committee shall consider methods for determining general education curriculum component courses and for condensing the number of general education curriculum courses required at institutions of higher education.
(e) Not later than November 1, 2026, the advisory committee shall produce a report regarding the advisory committee's findings and recommendations under this section and provide the report to the board.
(f) Not later than December 31, 2026, the board shall review the advisory committee's report and submit to the legislature the board's recommendations for legislative or other action necessary to implement the findings of the report.
(g) The advisory committee is abolished and this section expires September 1, 2027.
SECTION 1.06. Not later than January 1, 2027, the governing board of each public institution of higher education shall:
(1) complete the governing board's initial review in accordance with Section 51.315, Education Code, as added by this Act; and
(2) certify compliance with Section 51.315, Education Code, as added by this Act, as required by Subsection (f) of that section.
ARTICLE 2. INSTITUTIONAL GOVERNANCE
SECTION 2.01. Section 51.352, Education Code, is amended by amending Subsection (d) and adding Subsections (g) and (h) to read as follows:
(d) In addition to powers and duties specifically granted by this code or other law, each governing board shall:
(1) establish, for each institution under its control and management, goals consistent with the role and mission of the institution;
(2) appoint the chancellor or other chief executive officer of the system, if the board governs a university system;
(3) appoint the president or other chief executive officer of each institution under the board's control and management and evaluate the chief executive officer of each component institution and assist the officer in the achievement of performance goals;
(4) approve or deny the hiring of an individual for the position of provost or deputy, associate, or assistant provost by each institution under the board's control and management;
(5) collaborate with institutions under its control and management to set campus admission standards consistent with the role and mission of the institution and considering the admission standards of similar institutions nationwide having a similar role and mission, as determined by the coordinating board; and
(6) [(5)] ensure that its formal position on matters of importance to the institutions under its governance is made clear to the coordinating board when such matters are under consideration by the coordinating board.
(g) The governing board of an institution of higher education may overturn any hiring decision for the position of vice president or dean made by the administration of a campus under the board's control and management. Action by the governing board under this subsection shall be implemented by the institution through appropriate action with respect to the relevant hiring decision at issue, including recission of an employment offer, termination of employment, or termination of an employment agreement.
(h) The governing board of each institution of higher education shall annually submit to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the legislature a report regarding decisions made by the governing board for the applicable academic year on any hiring of administration in which the board approved or denied the hiring decision or took action under Subsection (g).
SECTION 2.02. Subchapter G, Chapter 51, Education Code, is amended by adding Sections 51.3522, 51.3523, and 51.3541 to read as follows:
Sec. 51.3522. FACULTY COUNCIL OR SENATE. (a) In this section, "faculty council or senate" means a representative faculty organization.
(b) Only the governing board of an institution of higher education may establish a faculty council or senate at the institution. Before establishing the faculty council or senate, the governing board must adopt a policy governing the selection of the faculty council's or senate's members that:
(1) ensures adequate representation of each college and school of the institution;
(2) requires the members to be faculty members; and
(3) except as otherwise provided by the governing board, limits the number of members to not more than 60 with at least two representatives from each college or school, including:
(A) one member appointed by the president or chief executive officer of the institution; and
(B) the remaining members elected by a vote of the faculty of the member's respective college or school.
(c) A faculty council or senate is advisory only and may not be delegated the final decision-making authority on any matter. A faculty council or senate shall represent the entire faculty of the institution of higher education and advise the institution administration and any system administration regarding matters related to the general welfare of the institution. A faculty council or senate may not issue any statement or publish a report using the institution's official seal, trademark, or resources funded by the institution on any matter not directly related to the council's or senate's duties to advise the institution administration.
(d) Service on the faculty council or senate is an additional duty of the faculty member's employment. Members of the faculty council or senate are not entitled to compensation or reimbursement of expenses for their role as members of the faculty council or senate unless the expense is on behalf of and approved by the institution of higher education.
(e) A member of the faculty council or senate appointed by the president or chief executive officer of the institution of higher education in accordance with Subsection (b)(3)(A) may serve up to six consecutive one-year terms and then may only be reappointed after the second anniversary of the last day of the member's most recent term. A member of the faculty council or senate elected by a vote of the faculty of the member's respective college or school serves a two-year term, staggered in a manner that allows approximately one-half of the elected members to be elected each year, and may only be reelected after the second anniversary of the last day of the member's most recent term.
(f) A faculty member serving on the faculty council or senate may be immediately removed from the council or senate for failing to conduct the member's responsibilities within the council's or senate's parameters, failing to attend council or senate meetings, or engaging in other similar misconduct. A member of a faculty council or senate may be removed on recommendation of the institution's provost and approval by the institution's president or chief executive officer.
(g) The president or chief executive officer of the institution of higher education shall appoint a presiding officer, associate presiding officer, and secretary from the members of the faculty council or senate.
(h) The presiding officer appointed under Subsection (g) shall preside over meetings of the faculty council or senate and represent the council or senate in official communications with the institution administration and any system administration.
(i) Chapter 2110, Government Code, does not apply to a faculty council or senate.
(j) The faculty council or senate shall conduct meetings at which a quorum is present in a manner that is open to the public and in accordance with procedures prescribed by the president or chief executive officer of the institution of higher education.
(k) The faculty council or senate shall broadcast over the Internet live video and audio, as applicable, of each open meeting of the council or senate if more than 50 percent of the members of the council or senate are in attendance.
(l) The faculty council or senate shall adopt rules for establishing a quorum.
(m) The following shall be made available to the public on the institution of higher education's Internet website not later than the seventh day before a meeting of the faculty council or senate:
(1) an agenda for the meeting with sufficient detail to indicate the items that are to be discussed or that will be subject to a vote; and
(2) any curriculum proposals reviewed by the council or senate that will be discussed or voted on at the meeting.
(n) The names of the members in attendance must be recorded at a meeting in which the faculty council or senate conducts business related to:
(1) a vote of no confidence regarding an institution or system administrator; or
(2) policies related to curriculum and academic standards.
(o) This section may not be construed to limit a faculty member of an institution of higher education from exercising the faculty member's right to freedom of association protected by the United States Constitution or Texas Constitution.
Sec. 51.3523. SHARED GOVERNANCE. (a) In this section, "governing board" and "institution of higher education" have the meanings assigned by Section 61.003.
(b) Institutions of higher education in this state shall be governed by a principle of shared governance, which refers to a structured decision-making process in which the governing board of the institution exercises ultimate authority and responsibility for institutional oversight, financial stewardship, and policy implementation, while allowing for appropriate consultation with faculty, administrators, and other stakeholders on matters related to academic policy and institutional operations. The principle of shared governance may not be construed to diminish the authority of the governing board to make final decisions in the best interest of the institution, students, and taxpayers.
(c) Administrators at institutions of higher education must make decisions in a manner that promotes efficiency, accountability, and responsiveness to state priorities, workforce needs, and the institution's institutional mission. Faculty and staff may provide recommendations on academic matters, but that input is only advisory in nature, ensuring that governing boards and institutional leadership retain clear and ultimate decision-making authority. Shared governance structures may not be used to obstruct, delay, or undermine necessary institutional reforms or serve as a mechanism for advancing ideological or political agendas.
Sec. 51.3541. RESPONSIBILITY OF PRESIDENT OR CHIEF EXECUTIVE OFFICER. (a) In this section, "governing board" and "institution of higher education" have the meanings assigned by Section 61.003.
(b) The president or chief executive officer of an institution of higher education shall conduct annual evaluations for individuals who hold the positions of vice president, provost, dean, or a similar leadership position that oversees curriculum or student affairs for the institution and report to the institution's governing board regarding any decision to remove an individual from a position described by this subsection.
SECTION 2.03. Section 51.913, Education Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:
(a) In [As used in] this section:
(1) "Executive [, the term "executive] search committee" means [shall mean] a committee formed by an act of a board of regents of an institution of higher education, which has as its primary purpose the evaluation and assessment of candidates and nominees for the position of president or chief executive officer of a system administration, institution of higher education, or other agency of higher education [as defined in Section 61.003 of this code].
(2) "Institution of higher education" and "other agency of higher education" have the meanings assigned by Section 61.003.
(c) The membership of an executive search committee for a president or chief executive officer of an institution of higher education must include at least two members of the institution's governing board with at least one of those members serving as the chair.
SECTION 2.04. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9431 to read as follows:
Sec. 51.9431. GRIEVANCE, HIRING, AND DISCIPLINE DECISION-MAKING AUTHORITY. (a) In this section, "institution of higher education" and "university system" have the meanings assigned by Section 61.003.
(b) Only the president or chief executive officer or provost of an institution of higher education, university system administration, or the president's or chief executive officer's, provost's, or administration's designee may be involved in decision-making regarding review of a faculty grievance, including under Section 51.960, or the faculty discipline process.
(c) A faculty member of an institution of higher education who does not serve in an administrative leadership position may not have final decision-making authority on the hiring of an individual for any faculty or administrative leadership position at the institution.
ARTICLE 3. COORDINATION AND OVERSIGHT OF INSTITUTIONS OF HIGHER EDUCATION
SECTION 3.01. Section 61.031, Education Code, is reenacted and amended to read as follows:
Sec. 61.031. OFFICE OF OMBUDSMAN [PUBLIC INFORMATION AND COMPLAINTS]. (a) In this section:
(1) "Office" means the Texas Higher Education Coordinating Board Office of the Ombudsman established under this section.
(2) "Ombudsman" means the individual serving as ombudsman for the office.
(b) The board shall establish the Texas Higher Education Coordinating Board Office of the Ombudsman to serve as an intermediary between the legislature and the public and institutions of higher education, including by answering questions from the legislature and the public regarding the obligations of an institution of higher education to students, faculty, employees, and the public. The office shall perform the functions described by this section and coordinate the board's compliance monitoring functions under Section 61.035. The ombudsman shall serve as the director of compliance and monitoring.
(b-1) The governor, with the advice and consent of the senate, shall appoint a person to serve as ombudsman. The ombudsman serves at the pleasure of the governor.
(c) The office shall receive and, if necessary, investigate complaints submitted in accordance with Subsection (d) regarding an institution of higher education's failure to comply with:
(1) Section 51.315;
(2) Section 51.3522;
(3) Section 51.3525;
(4) Section 51.3541;
(5) Section 51.9431; and
(6) Section 61.0522.
(d) A student or faculty or staff member at an institution of higher education who has reason to believe an institution of higher education has failed to comply with a provision listed under Subsection (c) may submit a written complaint to the office that:
(1) provides the individual's name and contact information;
(2) states the specific statute the individual believes has been violated; and
(3) includes specific facts supporting the allegation, including:
(A) relevant dates;
(B) identifying information regarding the individuals involved; and
(C) any supporting evidence in the individual's possession.
(d-1) An individual is not eligible to file a complaint under Subsection (d) if the individual has filed with another state agency, a federal agency, or a court, as applicable, one of the following against the institution of higher education that is the subject of the complaint:
(1) a lawsuit that makes the same or similar allegations or arises out of the same factual situation; or
(2) an administrative complaint that makes the same or similar allegations or arises out of the same factual situation.
(d-2) The office shall dismiss any complaint that the office determines was filed in violation of Subsection (d-1).
(d-3) An individual who knowingly submits a false complaint under Subsection (d) shall be held responsible for any costs incurred by the office in conducting an investigation resulting from the false complaint. The office may refuse to investigate a future complaint filed by an individual who is found to have knowingly filed a false complaint.
(e) The office [board] shall maintain a file on each written complaint filed with the board. The file must include:
(1) the name of the individual [person] who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each individual [person] contacted in relation to the complaint;
(5) a summary of the results of the review or investigation of the complaint; and
(6) an explanation of the reason the file was closed, if the office [board] closed the file without taking action other than to investigate the complaint.
(f) [(b)] The office [board] shall provide to the individual [person] filing the complaint and to each individual alleged to be involved in the failure to comply [person who is a subject of the complaint] a copy of the office's [board's] policies and procedures relating to complaint investigation and resolution.
(g) The office shall notify the governing board of the institution of higher education that is the subject of a complaint of noncompliance that meets the requirements under Subsection (d) not later than the fifth day after the date the office receives the complaint. The governing board of the institution shall respond to the complaint not later than the 175th day after the date the governing board receives the notice unless the office has granted an extension for good cause.
(h) In investigating a complaint of noncompliance regarding an institution of higher education received under this section, the office may request information from the institution. The governing board of the institution shall respond in writing to the office's written request for information not later than the 30th day after the date the institution receives the request. This subsection may not be construed to require an institution to provide privileged information to the office.
(i) Based on findings related to an investigation under this section, the office shall submit to the governing board of the institution of higher education that is the subject of an investigation under this section a report on the investigation that includes the office's final determination regarding the investigation and recommendations based on the conclusions of the investigation.
(j) [(c)] The office [board], at least quarterly until final disposition of the complaint, shall notify the individual [person] filing the complaint and each individual alleged to be involved in the failure to comply [person who is a subject of the complaint] of the status of the investigation unless the notice would jeopardize an undercover investigation.
(k) If, not later than the 180th day after the date the office submits the report under Subsection (i) to the governing board of an institution of higher education that is the subject of an investigation under this section, the office determines the governing board has not resolved any noncompliance issues identified in the report, the office shall submit to the ombudsman and state auditor a report on the noncompliance that includes the office's recommendations.
(l) On receipt of a report under Subsection (k), the ombudsman may recommend to the legislature that the institution of higher education not be allowed to spend money appropriated to the institution for a state fiscal year until the institution's governing board certifies compliance and the state auditor confirms the institution's compliance.
(m) [(d)] Notwithstanding any other provision of law, information that relates to a current, former, or prospective applicant or student of an educational institution and that is obtained, received, or held by the office [board] for the purpose of providing assistance with access to postsecondary education is confidential and excepted from disclosure under Chapter 552, Government Code, and may only be released in conformity with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). The office [board] may withhold information prohibited from being disclosed under this subsection without requesting a decision from the attorney general under Subchapter G, Chapter 552, Government Code.
(n) The office may:
(1) issue a civil investigative demand in the same manner as the procedures prescribed by Subchapter B, Chapter 140B, Civil Practice and Remedies Code, for civil investigative demands issued by the attorney general or a local prosecuting attorney under that subchapter; and
(2) require cooperation from an institution of higher education in an investigation under this section if the office determines a complaint of noncompliance with a provision listed under Subsection (c) is credible.
(o) The office shall annually submit a report to the governor, the lieutenant governor, the state auditor, and the chair of each standing legislative committee with jurisdiction over higher education regarding:
(1) the number of complaints of noncompliance with a provision listed under Subsection (c) received by the office;
(2) the number of investigations conducted and substantiated by the office; and
(3) a summary of the results of investigations described by Subdivision (2).
SECTION 3.02. Section 61.0512(c), Education Code, is amended to read as follows:
(c) The board shall review each degree or certificate program offered by an institution of higher education at the time the institution requests to implement a new program to ensure that the program:
(1) meets a national need or is needed by the state and the local community, and does not unnecessarily duplicate programs offered by other institutions of higher education or private or independent institutions of higher education;
(2) has adequate financing from legislative appropriation, funds allocated by the board, or funds from other sources;
(3) has necessary faculty and other resources to ensure student success; and
(4) meets academic standards specified by law or prescribed by board rule, including rules adopted by the board for purposes of this section, or workforce standards established by the Texas Workforce Investment Council.
SECTION 3.03. Section 61.084, Education Code, is amended by amending Subsection (d) and adding Subsection (i) to read as follows:
(d) The content of the instruction at the training program shall focus on the official role and duties of the members of governing boards and shall provide training in the areas of budgeting, policy development, ethics, and governance. Topics covered by the training program must include:
(1) auditing procedures and recent audits of institutions of higher education;
(2) the enabling legislation that creates institutions of higher education;
(3) the role of the governing board at institutions of higher education and the relationship between the governing board and an institution's administration, faculty and staff, and students, including limitations on the authority of the governing board;
(4) the mission statements of institutions of higher education;
(5) disciplinary and investigative authority of the governing board;
(6) the requirements of the open meetings law, Chapter 551, Government Code, and the open records law, Chapter 552, Government Code;
(7) the requirements of conflict of interest laws and other laws relating to public officials;
(8) any applicable ethics policies adopted by institutions of higher education or the Texas Ethics Commission;
(9) the requirements of laws relating to the protection of student information under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or any other federal or state law relating to the privacy of student information; [and]
(10) an overview of the legislature, the General Appropriations Act, and the state budget as those topics relate to the responsibilities of the governing board;
(11) an emphasis on the commitment the members of the governing board are making to:
(A) the institutions of higher education under the board's control and management and, if applicable, the university system;
(B) this state; and
(C) taxpayers of this state; and
(12) any other topic relating to higher education the board considers important.
(i) On completion of a training program under this section, a member of a governing board shall provide a sworn statement affirming the member's understanding of the member's duties and responsibilities.
ARTICLE 4. APPLICABILITY; EFFECTIVE DATE
SECTION 4.01. (a) Except as provided by Subsection (b) of this section, this Act applies beginning January 1, 2026.
(b) A faculty council or senate established at a public institution of higher education before the effective date of this Act is abolished on September 1, 2025, unless:
(1) the faculty council or senate was established in the manner prescribed by Section 51.3522, Education Code, as added by this Act; or
(2) the faculty council's or senate's continuation is ratified by the institution's governing board before that date based on a finding by the governing board that the faculty council or senate meets the requirements of any policy adopted by the governing board under that section.
(c) A faculty council or senate authorized but not yet established at a public institution of higher education before the effective date of this Act may be established only in the manner prescribed by Section 51.3522, Education Code, as added by this Act.
SECTION 4.02. This Act takes effect September 1, 2025.
The amendment was read.
Senator Creighton moved that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SB 37 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Creighton, Chair; Middleton, Hughes, Paxton, and Bettencourt.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Wednesday, May 28, 2025 - 2
The Honorable President of the Senate
Senate Chamber
Austin, Texas
Mr. President:
I am directed by the house to inform the senate that the house has taken the following action:
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
Instructing the enrolling clerk of the house to make corrections in H.B. No. 4187.
Instructing the enrolling clerk of the house to make corrections in H.B. No. 1314.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
SENATE BILL 441 WITH HOUSE AMENDMENTS
Senator J. Hinojosa called SB 441 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Amendment
Amend SB 441 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for the production, solicitation, disclosure, or promotion of artificial intimate visual material.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 98B, Civil Practice and Remedies Code, is amended to read as follows:
CHAPTER 98B. UNLAWFUL PRODUCTION, SOLICITATION, DISCLOSURE, OR PROMOTION OF INTIMATE VISUAL MATERIAL
SECTION 2. Section 98B.001, Civil Practice and Remedies Code, is amended by amending Subdivision (1) and adding Subdivisions (1-a), (1-b), (3), and (4) to read as follows:
(1) "Artificial intimate visual material" means computer-generated intimate visual material that was produced, adapted, or modified using an artificial intelligence application or other computer software in which the person is recognizable as an actual person by a person's face, likeness, voice, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature which, when viewed by a reasonable person, is indistinguishable from the person depicted.
(1-a) "Consent" means affirmative, conscious, and voluntary agreement, made by a person freely and without coercion, fraud, or misrepresentation.
(1-b) "Intimate parts," "promote," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16, Penal Code.
(3) "Nudification application" means an artificial intelligence application that is primarily designed and marketed for the purpose of producing artificial intimate visual material.
(4) "Social media platform" has the meaning assigned by Section 120.001, Business & Commerce Code.
SECTION 3. Chapter 98B, Civil Practice and Remedies Code, is amended by adding Sections 98B.0021, 98B.0022, 98B.008, and 98B.009 to read as follows:
Sec. 98B.0021. LIABILITY FOR UNLAWFUL PRODUCTION, SOLICITATION, DISCLOSURE, OR PROMOTION OF CERTAIN ARTIFICIAL INTIMATE VISUAL MATERIAL. A defendant is liable, as provided by this chapter, to a person depicted in artificial intimate visual material for damages arising from the production, solicitation, disclosure, or promotion of the material if:
(1) the defendant produces, solicits, discloses, or promotes the artificial intimate visual material without the effective consent of the depicted person and with the intent to harm that person;
(2) the production, solicitation, disclosure, or promotion of the artificial intimate visual material causes harm to the depicted person; and
(3) the production, solicitation, disclosure, or promotion of the artificial intimate visual material reveals the identity of the depicted person in any manner, including through:
(A) any accompanying or subsequent information or material related to the artificial intimate visual material; or
(B) information or material provided by a third party in response to the disclosure of the artificial intimate visual material.
Sec. 98B.0022. LIABILITY OF OWNERS OF INTERNET WEBSITES AND ARTIFICIAL INTELLIGENCE APPLICATIONS AND PAYMENT PROCESSORS. (a) A person who owns an Internet website or application, including a social media platform, on which artificial intimate visual material is produced or disclosed in exchange for payment or a publicly accessible nudification application from which the material is produced, and any person who processes or facilitates payment for the production or disclosure of the material through the website or application, is liable, as provided by this chapter, to a person depicted in the material for damages arising from the production or disclosure of the material if the person knows or recklessly disregards that the depicted person did not consent to the production or disclosure of the material.
(b) A person who owns an Internet website or application, including a social media platform, on which artificial intimate visual material is disclosed is liable, as provided by this chapter, to the person depicted in the material for damages arising from the disclosure of the material if the person depicted requests the website or application to remove the material and the person who owns the website or application fails to:
(1) notify the person making the request that the owner has received the request within 24 hours of receiving the request; or
(2) remove the material within 72 hours of receiving the request and make reasonable efforts to identify and remove any known identical copies of such material.
(c) A person who owns an Internet website or application, including a social media platform, shall make available on the website or application an easily accessible system that allows a person to submit a request for the removal of artificial intimate visual material and track the status of the request.
(d) A person who owns an Internet website or application, including a social media platform, shall make available on the website or application a clear and conspicuous notice, which may be provided through a clear and conspicuous link to another web page or disclosure, of the removal process established under Subsection (c), that:
(1) is written in plain language that is easy to read; and
(2) provides information regarding the responsibilities of the person who owns the website or application under this section, including a description of how a person can submit a request for the removal of artificial intimate visual material and how to track the status of the request.
(e) A violation of Subsection (b), (c), or (d) is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code.
(f) The attorney general may investigate and bring an action for injunctive relief against a person who repeatedly violates Subsection (b), (c), or (d). If the attorney general prevails in the action, the attorney general may recover costs and attorney's fees.
Sec. 98B.008. CONFIDENTIAL IDENTITY IN CERTAIN ACTIONS. (a) In this section, "confidential identity" means:
(1) the use of a pseudonym; and
(2) the absence of any other identifying information, including address, telephone number, and social security number.
(b) Except as otherwise provided by this section, in a suit brought under this chapter, the court shall:
(1) make it known to the claimant as early as possible in the proceedings of the suit that the claimant may use a confidential identity in relation to the suit;
(2) allow a claimant to use a confidential identity in all petitions, filings, and other documents presented to the court;
(3) use the confidential identity in all of the court's proceedings and records relating to the suit, including any appellate proceedings; and
(4) maintain the records relating to the suit in a manner that protects the confidentiality of the claimant.
(c) In a suit brought under this chapter, only the following persons are entitled to know the true identifying information about the claimant:
(1) the judge;
(2) a party to the suit;
(3) the attorney representing a party to the suit; and
(4) a person authorized by a written order of a court specific to that person.
(d) The court shall order that a person entitled to know the true identifying information under Subsection (c) may not divulge that information to anyone without a written order of the court. A court shall hold a person who violates the order in contempt.
(e) Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.
(f) A claimant is not required to use a confidential identity as provided by this section.
Sec. 98B.009. STATUTE OF LIMITATIONS. A person must bring suit under this chapter not later than 10 years after the later of the date on which:
(1) the person depicted in the intimate visual material that is the basis for the suit reasonably discovers the intimate visual material; or
(2) the person depicted in the intimate visual material that is the basis for the suit turns 18 years of age.
SECTION 4. The change in law made by this Act applies only to a cause of action that accrues on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2025.
Floor Amendment No. 1
Amend CSSB 441 (house committee report) as follows:
(1) Strike page 2, line 25, through page 3, line 3, and substitute "identity of the depicted person in any manner, including through any accompanying or subsequent information or material related to the artificial intimate visual material.".
(2) On page 3, strike lines 7 through 10 and substitute the following:
social media platform, and who recklessly facilitates the production or disclosure of artificial intimate visual material in exchange for payment, who owns a publicly accessible nudification application from which the material is produced, or who recklessly processes or facilitates payment for
(3) Strike page 3, line 23, through page 4, line 2, and substitute the following:
owns the website or application fails to remove the material within 72 hours of receiving the request and make reasonable efforts to identify and remove any known identical copies of such material.
(4) On page 4, line 7, strike "and track the status of the request".
Floor Amendment No. 2
Amend CSSB 441 (house committee report) as follows:
(1) On page 6, line 17, strike "The change in law made by this Act" and substitute "Chapter 98B, Civil Practice and Remedies Code, as amended by this Act,".
(2) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 120, Business & Commerce Code, is amended by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. PROVENANCE DATA
Sec. 120.081. DEFINITIONS. In this subchapter:
(1) "Artificial intelligence system" means machine learning and related technology that uses data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.
(2) "Generative artificial intelligence" means an artificial intelligence system designed to emulate the structure and characteristics of provided data to generate derived synthetic digital content, including images, videos, audio, text, and other digital content.
(3) "Provenance data" means information on a file that can be used to identify:
(A) the date and place of the file's origin;
(B) the method used to generate the file, including whether the file was generated using generative artificial intelligence; or
(C) the file's history, including the manner in which the file has been transmitted or stored.
Sec. 120.082. CONTENT CREATED ON SOCIAL MEDIA PLATFORM. A social media platform shall attach provenance data to each photo, video, or audio file created using tools provided by the social media platform that use generative artificial intelligence.
Sec. 120.083. CONTENT POSTED TO SOCIAL MEDIA PLATFORM. (a) A social media platform shall attach provenance data to each photo, video, or audio file posted on the social media platform for which:
(1) the social media platform can discern the file's provenance data; and
(2) the file's provenance data states that the photo, video, or audio file was created or modified using generative artificial intelligence.
(b) This section may not be construed to require a social media platform to independently verify the accuracy or authenticity of provenance data provided to the social media platform by a third party or user.
(c) A social media platform is not liable for inaccurate provenance data attached to a photo, video, or audio file or retained under this subchapter if:
(1) the provenance data was provided to the social media platform by a third party or user;
(2) the social media platform did not knowingly modify the provenance data;
(3) the social media platform relied in good faith on the provenance data provided; and
(4) the social media platform has implemented reasonable and appropriate measures to comply with the requirements of this subchapter.
Sec. 120.084. REQUIREMENTS OF PROVENANCE DATA. (a) Provenance data attached to a photo, video, or audio file or retained under this subchapter must:
(1) be attached and retained in a manner and format that complies with guidelines or specifications that are:
(A) created by an established standard-setting entity in the industry; and
(B) widely adopted by other entities in the industry;
(2) state that the photo, video, or audio file has been created or modified using generative artificial intelligence; and
(3) state the name of the generative artificial intelligence tool and the name of the person who provides the tool.
(b) Provenance data attached to a photo, video, or audio file or retained under this subchapter may not include any personal identifying information, as that term is defined in Section 509.001, as added by Chapter 795 (H.B. 18), Acts of the 88th Legislature, Regular Session, 2023, unless a user consents to the inclusion of the user's own information.
Sec. 120.085. RETENTION AND DISPLAY OF PROVENANCE DATA. (a) A social media platform shall retain all provenance data attached to a photo, video, or audio file under this subchapter.
(b) A social media platform shall provide or contract with a third party to provide a method by which a user may easily access the provenance data attached to a photo, video, or audio file under this subchapter.
(c) A social media platform is not required to comply with the provisions of this subchapter if the social media platform provides to the attorney general clear and convincing documentation showing that the social media platform:
(1) does not have the technological capacity to comply with the requirements of this subchapter; and
(2) is actively taking steps toward obtaining the technological capacity to comply with the requirements of this subchapter.
Floor Amendment No. 1 on Third Reading
Amend CSSB 441 (house committee report) on third reading as follows:
(1) On page 6, line 17, strike "The change in law made by this Act" and substitute "Chapter 98B, Civil Practice and Remedies Code, as amended by this Act,".
(2) Add the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:
SECTION ____. The heading to Section 21.165, Penal Code, is amended to read as follows:
Sec. 21.165. UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN SEXUALLY EXPLICIT MEDIA [VIDEOS].
SECTION ____. Section 21.165(a), Penal Code, is amended by amending Subdivision (1) and adding Subdivision (3) to read as follows:
(1) "Deep fake media [video]" means a visual depiction [a video,] created or altered through [with] the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction manually or through an automated process [intent to deceive], that appears to a reasonable person to depict a real person, indistinguishable from an authentic visual depiction of the real person, performing an action that did not occur in reality.
(3) "Visual depiction" means a photograph, motion picture film, videotape, digital image or video, or other visual recording.
SECTION ____. Section 21.165, Penal Code, is amended by amending Subsections (b) and (c) and adding Subsections (b-1), (b-2), (c-1), (c-2), (c-3), (c-4), (c-5), and (e) to read as follows:
(b) A person commits an offense if, without the effective consent of the person appearing to be depicted, the person knowingly produces or distributes by electronic means [a] deep fake media [video] that appears to depict the person:
(1) with visible computer-generated intimate parts or with the visible intimate parts of another human being as the intimate parts of the person; or
(2) engaging in sexual conduct in which the person did not engage [with the person's intimate parts exposed or engaged in sexual conduct].
(b-1) A person commits an offense if the person intentionally threatens to produce or distribute deep fake media with the intent to coerce, extort, harass, or intimidate another person.
(b-2) Consent required by Subsection (b) is valid only if the person appearing to be depicted knowingly and voluntarily signed a written agreement that was drafted in plain language. The agreement must include:
(1) a general description of the deep fake media; and
(2) if applicable, the audiovisual work into which the deep fake media will be incorporated.
(c) An offense under Subsection (b) [this section] is a Class A misdemeanor, except that the offense is a felony of the third degree if it is shown on the trial of the offense that:
(1) the actor has been previously convicted of an offense under this section; or
(2) the person appearing to be depicted is younger than 18 years of age.
(c-1) An offense under Subsection (b-1) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that:
(1) the actor has been previously convicted of an offense under this section; or
(2) the actor threatened to produce or distribute deep fake media appearing to depict a person younger than 18 years of age.
(c-2) It is not a defense to prosecution under this section that the deep fake media:
(1) contains a disclaimer stating that the media was unauthorized or that the person appearing to be depicted did not participate in the creation or development of the deep fake media; or
(2) indicates, through a label or otherwise, that the depiction is not authentic.
(c-3) It is an affirmative defense to prosecution under this section that the production or distribution of the deep fake media occurs in the course of:
(1) lawful and common practices of law enforcement;
(2) reporting unlawful activity; or
(3) a legal proceeding, if the production or distribution is permitted or required by law.
(c-4) It is an affirmative defense to prosecution under Subsection (b) that the actor:
(1) is an Internet service provider, cloud service provider, cybersecurity service provider, communication service provider, or telecommunications network that transmits data; and
(2) acted solely in a technical, automatic, or intermediate nature.
(c-5) It is an affirmative defense to prosecution under Subsection (b) that the actor:
(1) is a provider or developer of a publicly accessible artificial intelligence application or software that was used in the creation of the deep fake media;
(2) included a prohibition against the creation of deep fake media prohibited by this section in the actor's terms and conditions or user policies that are required to be acknowledged by a user before the user is granted access to the artificial intelligence application or software; and
(3) took affirmative steps to prevent the creation of deep fake media prohibited by this section through technological tools, such as:
(A) training the artificial intelligence application or software to identify deep fake media prohibited by this section;
(B) providing effective reporting tools for deep fake media prohibited by this section;
(C) filtering deep fake media prohibited by this section created by the artificial intelligence application or software before the media is shown to a user; and
(D) filtering deep fake media prohibited by this section from the artificial intelligence application or software data set before the data set is used to train the application or software.
(e) The court shall order a defendant convicted of an offense under this section to make restitution to the victim of the offense for any psychological, financial, or reputational harm incurred by the victim as a result of the offense.
SECTION ____. Section 21.165, Penal Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
The amendments were read.
Senator J. Hinojosa moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SB 441 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators J. Hinojosa, Chair; Creighton, Flores, Parker, and West.
SENATE BILL 1566 WITH HOUSE AMENDMENT
Senator Bettencourt called SB 1566 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1 on Third Reading
Amend SB 1566 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 42.023, Local Government Code, is amended to read as follows:
Sec. 42.023. REDUCTION OF EXTRATERRITORIAL JURISDICTION. The extraterritorial jurisdiction of a municipality may not be reduced unless the governing body of the municipality gives its written consent by ordinance or resolution, except:
(1) in cases of judicial apportionment of overlapping extraterritorial jurisdictions under Section 42.901;
(2) in accordance with an agreement under Section 42.022(d); [or]
(3) as necessary to comply with Section 42.0235; or
(4) as necessary to comply with Subchapter D or E.
SECTION ____. Section 42.102, Local Government Code, is amended to read as follows:
Sec. 42.102. AUTHORITY TO FILE PETITION FOR RELEASE. (a) A resident of an area in a municipality's extraterritorial jurisdiction may file a petition with the municipality in accordance with this subchapter for the area to be released from the extraterritorial jurisdiction. A resident may only file for release of an area if the resident resides in the area subject to the release.
(b) The owner or owners of the majority in value of an area consisting of one or more parcels of land in a municipality's extraterritorial jurisdiction may file a petition with the municipality in accordance with this subchapter for the area to be released from the extraterritorial jurisdiction. An area that is the subject of the petition may only include parcels for which the owner or owners have an ownership interest.
SECTION ____. Section 42.104(a), Local Government Code, is amended to read as follows:
(a) A petition requesting release under this subchapter must be signed by:
(1) more than 50 percent of the registered voters of the area described by the petition as of the date of the preceding uniform election date; or
(2) a majority in value of the holders of title of land in the area described by the petition, based on the aggregated appraised value of all real property located in the area as indicated by the most recent appraisal roll submitted to the municipality under Chapter 26, Tax Code [tax rolls of the applicable central appraisal district].
SECTION ____. Section 42.105, Local Government Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:
(b) The municipality shall notify the residents and landowners of the area described by the petition that the municipality has received the petition. The municipality shall provide the notice required by this subsection not later than the seventh business day after the date the municipality receives the petition.
(b-1) The municipality shall notify the residents and landowners of the area described by the petition of the results of the petition. The municipality may satisfy the requirement of this subsection [this requirement] by notifying the person who filed the petition under Section 42.102.
SECTION ____. Subchapter D, Chapter 42, Local Government Code, is amended by adding Section 42.106 to read as follows:
Sec. 42.106. OPT OUT OF REMOVAL. Before an area is released from a municipality's extraterritorial jurisdiction under this subchapter, a landowner in the area to be released must be permitted to opt their property out of the release.
The amendment was read.
Senator Bettencourt moved that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SB 1566 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Bettencourt, Chair; Middleton, Nichols, Paxton, and Gutierrez.
SENATE BILL 8 WITH HOUSE AMENDMENTS
Senator Schwertner called SB 8 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 8 (house committee report) by striking all below the enacting clause and substituting the following:
SECTION 1. Title 7, Government Code, is amended by adding Chapter 753 to read as follows:
CHAPTER 753. IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN SHERIFFS AND FEDERAL GOVERNMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 753.001. DEFINITIONS. In this chapter:
(1) "Immigration enforcement agency" means the United States Immigration and Customs Enforcement.
(2) "Immigration law enforcement agreement" means a written agreement between a state or local law enforcement official and the immigration enforcement agency under Section 287(g), Immigration and Nationality Act (8 U.S.C. Section 1357(g)), or a similar federal program, that authorizes the official and the official's officers, employees, and contractors to enforce federal immigration law. The term includes a warrant service model agreement.
(3) "Warrant service model agreement" means a written agreement between a state or local law enforcement official who operates a jail, or contracts with a private vendor to operate a jail, and the immigration enforcement agency under Section 287(g), Immigration and Nationality Act (8 U.S.C. Section 1357(g)), or a similar federal program, that authorizes the official and the official's officers, employees, and contractors to:
(A) serve and execute warrants of arrest for immigration violations in the jail on designated aliens at the time of the alien's scheduled release from criminal custody in order to transfer custody of the alien to the immigration enforcement agency; and
(B) serve warrants of removal on designated aliens in the jail at the time of the alien's scheduled release from criminal custody that execute the custodial transfer of the alien to the immigration enforcement agency for removal purposes.
Sec. 753.002. GIFTS, GRANTS, AND DONATIONS. The comptroller may accept gifts, grants, and donations to establish and administer the grant program and reimbursement program established under this chapter.
Sec. 753.003. EFFECT ON COUNTY APPROPRIATIONS. In relation to money received from a grant or reimbursement awarded to a sheriff under this chapter, the commissioners court of the county the sheriff serves may not reduce the appropriation to the sheriff's department in response to the sheriff receiving the grant or reimbursement.
SUBCHAPTER B. IMMIGRATION LAW ENFORCEMENT AGREEMENTS REQUIRED
Sec. 753.051. WARRANT SERVICE MODEL AGREEMENTS. (a) Except as provided by Section 753.052, the sheriff of each county that operates a jail or contracts with a private vendor to operate a jail shall request and enter into a warrant service model agreement with the immigration enforcement agency.
(b) A sheriff who requested but did not enter into a warrant service model agreement under this section shall make additional requests to enter into a warrant service model agreement under this section at least once annually after each request is made, unless the sheriff entered into an immigration law enforcement agreement under Section 753.052 and that agreement is in effect.
Sec. 753.052. ALTERNATIVE IMMIGRATION LAW ENFORCEMENT AGREEMENTS. A sheriff may satisfy the requirements of Section 753.051 by entering into an immigration law enforcement agreement with the immigration enforcement agency that grants the sheriff and the sheriff's officers, employees, and contractors authority to enforce federal immigration law in a manner that exceeds the authority granted under a warrant service model agreement.
Sec. 753.053. IMMIGRATION LAW ENFORCEMENT AGREEMENT REQUIREMENTS. An immigration law enforcement agreement entered into under this subchapter must include the scope, duration, and limitations of the authority to enforce federal immigration law.
Sec. 753.054. ALLOCATION OF RESOURCES. A sheriff who enters into an immigration law enforcement agreement under this subchapter shall allocate the necessary resources, including personnel and funding, to ensure the proper implementation of the agreement, including the resources necessary to meet any reasonable objectives for enforcement set forth in the agreement.
SUBCHAPTER C. GRANT PROGRAM
Sec. 753.101. ESTABLISHMENT AND ADMINISTRATION. From any money appropriated or otherwise available for this purpose, the comptroller shall establish and administer a grant program to support the state purpose of assisting sheriffs participating in immigration law enforcement agreements under Subchapter B that have the authority granted under a warrant service model agreement.
Sec. 753.102. ELIGIBILITY AND APPLICATION. (a) A sheriff is eligible to apply for a grant under this subchapter if the sheriff has entered into an immigration law enforcement agreement under Subchapter B that has the authority granted under a warrant service model agreement.
(b) The comptroller by rule may require an applicant to submit information or documentation with respect to a grant application submitted under this section.
Sec. 753.103. AWARD. (a) On approval of an application submitted under Section 753.102 and using money appropriated to the comptroller or otherwise available for this purpose, the comptroller shall award a grant to an eligible sheriff who applies for the grant as provided by Subsection (b).
(b) The amount of grant money awarded to a sheriff must be determined based on the population of the county the sheriff serves according to the following tiers:
(1) $5,000 for a county with a population of 99,999 or less;
(2) $10,000 for a county with a population of at least 100,000 but not more than 499,999;
(3) $20,000 for a county with a population of at least 500,000 but not more than 999,999; and
(4) $40,000 for a county with a population of at least one million.
(c) A sheriff who is awarded a grant under this section must use the grant money to pay the costs associated with the authority granted under a warrant service model agreement that are not reimbursed by the federal government.
(d) A sheriff may receive only one grant under this section.
SUBCHAPTER D. REIMBURSEMENT PROGRAM
Sec. 753.151. ESTABLISHMENT AND ADMINISTRATION. (a) From any money appropriated or otherwise available for this purpose, the comptroller shall establish and administer an annual reimbursement program to support the state purpose of assisting sheriffs participating in immigration law enforcement agreements under Subchapter B for expenses incurred in relation to the authority granted under a warrant service model agreement.
(b) The comptroller shall adopt rules necessary to administer the reimbursement program, including setting application deadlines.
Sec. 753.152. ELIGIBILITY AND APPLICATION. (a) A sheriff is eligible to apply for reimbursement under this subchapter for expenses incurred in relation to the authority granted under a warrant service model agreement if the sheriff has entered into an immigration law enforcement agreement under Subchapter B.
(b) An application by a sheriff must include:
(1) the number and name of each inmate who has been held by the sheriff subject to an immigration detainer issued by the immigration enforcement agency;
(2) the number of days the sheriff held each inmate subject to an immigration detainer issued by the immigration enforcement agency; and
(3) the costs to the county for holding the inmates described by this subsection.
(c) The comptroller by rule may require an applicant to submit additional information or documentation with respect to a reimbursement application submitted under this section.
Sec. 753.153. AWARD. (a) On approval of an application submitted under Section 753.152 and using money appropriated to the comptroller or otherwise available for this purpose, the comptroller shall reimburse each eligible sheriff who applies for reimbursement on a prorated basis.
(b) The comptroller by rule shall prescribe the process for determining and prorating how much money an eligible sheriff may receive for reimbursement.
SUBCHAPTER E. REPORTING AND ENFORCEMENT
Sec. 753.201. REPORTING. Not later than December 1 of each even-numbered year, the comptroller shall prepare a written report on sheriffs participating in immigration law enforcement agreements under Subchapter B using information provided to the comptroller under Subchapters C and D and submit the report to the governor, lieutenant governor, and speaker of the house of representatives.
Sec. 753.202. ENFORCEMENT BY ATTORNEY GENERAL. (a) The attorney general may bring an action against a sheriff who fails to comply with Subchapter B in a district court for appropriate equitable relief.
(b) The attorney general may recover reasonable expenses incurred in obtaining relief under Subsection (a), including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.
(c) An action brought against a sheriff under this section must be brought in a district court for the county served by the sheriff.
SECTION 2. Not later than December 1, 2026, the sheriff of each county shall comply with Subchapter B, Chapter 753, Government Code, as added by this Act.
SECTION 3. This Act takes effect January 1, 2026.
Floor Amendment No. 2
Amend Amendment No. 1 by Spiller to SB 8 as follows:
(1) On page 2, line 6, between "DONATIONS." and "The" insert "(a)".
(2) On page 2, between lines 9 and 10, insert the following:
(b) The comptroller shall make publicly available on the comptroller's Internet website the source of any gifts, grants, and donations that were given to the comptroller specifically for the implementation of the grant program and reimbursement program established under this chapter.
Floor Amendment No. 3
Amend Amendment No. 1 by Spiller to SB 8 on page 3, between lines 13 and 14, by inserting the following:
Sec. 753.055. PUBLISHING AGREEMENT ON INTERNET REQUIRED. A sheriff shall make publicly available on an Internet website maintained by the sheriff or the county the sheriff serves a copy of each written agreement entered into under this subchapter.
The amendments were read.
Senator Schwertner moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SB 8 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Schwertner, Chair; Huffman, Campbell, Kolkhorst, and Perry.
CONFERENCE COMMITTEE ON HOUSE BILL 300
Senator Hancock called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 300 and moved that the request be granted.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on HB 300 before appointment.
There were no motions offered.
Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Hancock, Chair; Blanco, Hagenbuch, Hall, and Menéndez.
CONFERENCE COMMITTEE ON HOUSE BILL 2011
Senator Paxton called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 2011 and moved that the request be granted.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on HB 2011 before appointment.
There were no motions offered.
Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate: Senators Paxton, Chair; Bettencourt, Kolkhorst, Schwertner, and West.
(President Pro Tempore Creighton in Chair)
CONFERENCE COMMITTEE ON HOUSE BILL 5246
Senator Huffman called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 5246 and moved that the request be granted.
The motion prevailed without objection.
The President Pro Tempore asked if there were any motions to instruct the conference committee on HB 5246 before appointment.
There were no motions offered.
Accordingly, the President Pro Tempore announced the appointment of the following conferees on the part of the Senate: Senators Huffman, Chair; J. Hinojosa, Campbell, Schwertner, and Bettencourt.
SENATE BILL 2878 WITH HOUSE AMENDMENTS
Senator Hughes called SB 2878 from the President's table for consideration of the House amendments to the bill.
The President Pro Tempore laid the bill and the House amendments before the Senate.
Amendment
Amend SB 2878 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government, including court security, court documents and arrest warrants, document delivery, juvenile boards, and youth diversion, and to public office candidate eligibility; increasing a criminal penalty; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DISTRICT COURTS, DISTRICT CLERKS, AND DISTRICT ATTORNEYS
SECTION 1.01. Effective January 1, 2027, the heading to Section 24.127, Government Code, is amended to read as follows:
Sec. 24.127. 522ND [SECOND 25TH] JUDICIAL DISTRICT ([COLORADO,] GONZALES AND[,] GUADALUPE[, AND LAVACA] COUNTIES).
SECTION 1.02. Effective January 1, 2027, Section 24.127(a), Government Code, is amended to read as follows:
(a) The 522nd [Second 25th] Judicial District is composed of [Colorado,] Gonzales and[,] Guadalupe[, and Lavaca] counties.
SECTION 1.03. Section 24.360, Government Code, is amended to read as follows:
Sec. 24.360. 173RD JUDICIAL DISTRICT (HENDERSON COUNTY). (a) The 173rd Judicial District is composed of Henderson County.
(b) The 173rd District Court shall give preference to civil and family law matters.
SECTION 1.04. Effective January 1, 2026, the heading to Section 24.451, Government Code, is amended to read as follows:
Sec. 24.451. 274TH JUDICIAL DISTRICT (COMAL[, GUADALUPE,] AND HAYS COUNTIES).
SECTION 1.05. Effective January 1, 2026, Sections 24.451(a) and (c), Government Code, are amended to read as follows:
(a) The 274th Judicial District is composed of Comal[, Guadalupe,] and Hays counties.
(c) The 274th District Court has the same jurisdiction as the 22nd and the 207th district courts in Comal and Hays counties [and concurrent jurisdiction with the 25th and Second 25th district courts in Guadalupe County].
SECTION 1.06. Section 24.537, Government Code, is amended by adding Subsection (c) to read as follows:
(c) The 392nd District Court shall give preference to criminal cases.
SECTION 1.07. Section 24.591(c), Government Code, is amended to read as follows:
(c) The district clerk serves as clerk of a district court in all criminal and civil matters, including family matters, except the county clerk serves as clerk of a district court in Class A and Class B misdemeanor cases, juvenile matters, probate matters, and guardianship matters. Each clerk shall establish a separate docket for a district court [All civil and criminal matters within the concurrent jurisdiction of the county and district courts must be filed with the county clerk in the county court.
The county clerk serves as the clerk of the district court for those matters].
SECTION 1.08. (a) Effective September 1, 2026, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60035 to read as follows:
Sec. 24.60035. 490TH JUDICIAL DISTRICT (BRAZORIA COUNTY). The 490th Judicial District is composed of Brazoria County.
(b) The 490th Judicial District is created on September 1, 2026.
SECTION 1.09. (a) Effective January 1, 2027, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60037 to read as follows:
Sec. 24.60037. 492ND JUDICIAL DISTRICT (COLORADO AND LAVACA COUNTIES). The 492nd Judicial District is composed of Colorado and Lavaca counties.
(b) The 492nd Judicial District is created on January 1, 2027.
SECTION 1.10. Section 24.60043(d), Government Code, as effective October 1, 2025, is amended to read as follows:
(d) The district clerk serves as the clerk of a district court in all criminal and civil matters, including family matters, except the county clerk serves as the clerk of a district court in Class A and Class B misdemeanor cases, juvenile matters, probate matters, and guardianship matters. Each clerk shall establish a separate docket for a district court [All civil and criminal matters within the concurrent jurisdiction of the county and district courts must be filed with the county clerk in the county court.
The county clerk serves as the clerk of the district court for those matters].
SECTION 1.11. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Sections 24.60046 and 24.60047 to read as follows:
Sec. 24.60046. 501ST JUDICIAL DISTRICT (FORT BEND COUNTY). The 501st Judicial District is composed of Fort Bend County.
Sec. 24.60047. 502ND JUDICIAL DISTRICT (FORT BEND COUNTY). The 502nd Judicial District is composed of Fort Bend County.
(b) The 501st and 502nd Judicial Districts are created on September 1, 2025.
SECTION 1.12. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60048 to read as follows:
Sec. 24.60048. 503RD JUDICIAL DISTRICT (ROCKWALL COUNTY). The 503rd Judicial District is composed of Rockwall County.
(b) The 503rd Judicial District is created on September 1, 2025.
SECTION 1.13. (a) Effective January 1, 2027, Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60053 to read as follows:
Sec. 24.60053. 511TH JUDICIAL DISTRICT (COMAL COUNTY). The 511th Judicial District is composed of Comal County.
(b) The 511th Judicial District is created on January 1, 2027.
SECTION 1.14. (a) Subchapter C, Chapter 24, Government Code, is amended by adding Section 24.60054 to read as follows:
Sec. 24.60054. 512TH JUDICIAL DISTRICT (WILLIAMSON COUNTY). The 512th Judicial District is composed of Williamson County.
(b) The 512th Judicial District is created on September 1, 2025.
SECTION 1.15. (a) Effective October 1, 2025, Subchapter C, Chapter 24, Government Code, is amended by adding Sections 24.60055, 24.60056, and 24.60057 to read as follows:
Sec. 24.60055. 513TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 513th Judicial District is composed of Harris County.
(b) The 513th District Court shall give preference to civil cases.
Sec. 24.60056. 514TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 514th Judicial District is composed of Harris County.
(b) The 514th District Court shall give preference to civil cases.
Sec. 24.60057. 515TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 515th Judicial District is composed of Harris County.
(b) The 515th District Court shall give preference to civil cases.
(b) The 513th, 514th, and 515th District Courts are created on October 1, 2025.
SECTION 1.16. (a) Effective October 1, 2026, Subchapter C, Chapter 24, Government Code, is amended by adding Sections 24.60058 and 24.60059 to read as follows:
Sec. 24.60058. 516TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 516th Judicial District is composed of Harris County.
(b) The 516th District Court shall give preference to civil cases.
Sec. 24.60059. 517TH JUDICIAL DISTRICT (HARRIS COUNTY). (a) The 517th Judicial District is composed of Harris County.
(b) The 517th District Court shall give preference to civil cases.
(b) The 516th and 517th District Courts are created on October 1, 2026.
SECTION 1.17. Section 24.911, Government Code, is amended by adding Subsection (a-2) to read as follows:
(a-2) Tarrant County Criminal District Court No. 2 shall give preference to criminal cases.
SECTION 1.18. Section 24.913, Government Code, is amended by adding Subsection (e) to read as follows:
(e) Tarrant County Criminal District Court No. 4 shall give preference to criminal cases.
SECTION 1.19. Effective January 1, 2029, Section 43.101, Government Code, is amended to read as follows:
Sec. 43.101. 1ST JUDICIAL DISTRICT. The voters of [Sabine and] San Augustine County [counties] elect a district attorney for the 1st Judicial District who represents the state in the [that] district courts in that county [court only in those counties].
SECTION 1.20. (a) Effective January 1, 2029, Subchapter B, Chapter 43, Government Code, is amended by adding Section 43.1742 to read as follows:
Sec. 43.1742. 273RD JUDICIAL DISTRICT. The voters of Sabine County elect a district attorney for the 273rd Judicial District who represents the state in the district courts in that county.
(b) The office of district attorney for the 273rd Judicial District is created on January 1, 2029.
(c) The office of district attorney for the 273rd Judicial District exists for purposes of the primary and general elections in 2028.
SECTION 1.21. Effective January 1, 2029, Section 43.177, Government Code, is amended to read as follows:
Sec. 43.177. 293RD JUDICIAL DISTRICT. (a) The voters of Maverick County [the 293rd Judicial District] elect a district attorney who represents the state in all cases before that district court.
(b) The commissioners court of Maverick County [one or more of the counties comprising the district] may supplement the state salary of the district attorney and [.
The commissioners court of each county may] set the amount of supplemental compensation paid by that county.
(c) The district attorney of the 293rd Judicial District also represents the state in all criminal and civil matters that arise in the 365th Judicial District in Maverick County.
SECTION 1.22. (a) Effective January 1, 2029, Subchapter B, Chapter 43, Government Code, is amended by adding Section 43.1812 to read as follows:
Sec. 43.1812. 365TH JUDICIAL DISTRICT. The voters of Dimmit and Zavala Counties elect a district attorney for the 365th Judicial District who represents the state in all civil and criminal matters in the district courts having jurisdiction in those counties.
(b) The office of district attorney for the 365th Judicial District is created on January 1, 2029.
(c) The office of district attorney for the 365th Judicial District exists for purposes of the primary and general elections in 2028.
SECTION 1.23. Effective January 1, 2029, Section 46.002, Government Code, is amended to read as follows:
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter applies to the state prosecuting attorney, all county prosecutors, and the following state prosecutors:
(1) the district attorneys for Kenedy and Kleberg Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th, 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, 123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, 271st, 273rd, 286th, 287th, 329th, 344th, 349th, 355th, 369th, 452nd, and 506th judicial districts;
(2) the criminal district attorneys for the counties of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison, Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of district attorneys in the counties of Andrews, Aransas, Burleson, Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls, Fayette, Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and Willacy.
SECTION 1.24. Effective January 1, 2026, the following provisions of the Government Code are repealed:
(1) Sections 24.126(b) and (d);
(2) Sections 24.127(b) and (c); and
(3) Section 24.451(b).
ARTICLE 2. STATUTORY COUNTY COURTS
SECTION 2.01. Section 22.004(h-1), Government Code, is amended to read as follows:
(h-1) In addition to the rules adopted under Subsection (h), the supreme court shall adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions filed in county courts at law in which the amount in controversy does not exceed $325,000 [$250,000]. The rules shall balance the need for lowering discovery costs in these actions against the complexity of and discovery needs in these actions. The supreme court may not adopt rules under this subsection that conflict with other statutory law.
SECTION 2.02. Section 25.0003(c), Government Code, is amended to read as follows:
(c) In addition to other jurisdiction provided by law, a statutory county court exercising civil jurisdiction concurrent with the constitutional jurisdiction of the county court has concurrent jurisdiction with the district court in:
(1) civil cases in which the matter in controversy exceeds $500 but does not exceed $325,000 [$250,000], excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition; and
(2) appeals of final rulings and decisions of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims, regardless of the amount in controversy.
SECTION 2.03. Section 25.0007(c), Government Code, is amended to read as follows:
(c) In a civil case pending in a statutory county court in which the matter in controversy exceeds $325,000 [$250,000], the jury shall be composed of 12 members unless all of the parties agree to a jury composed of a lesser number of jurors.
SECTION 2.04. Section 25.00212, Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) At the end of each state fiscal year, the comptroller shall determine:
(1) the amounts deposited in the judicial fund under Section 133.151(c)(1), Local Government Code, from [by] statutory probate courts fees remitted under Section 133.151(a)(1), Local Government Code, either:
(A) directly to the treasury by the Office of Court Administration of the Texas Judicial System for fees paid using the electronic filing system established under Section 72.031; or
(B) to the comptroller in the manner provided by Subchapter B, Chapter 133, Local Government Code, for fees paid to an officer of a court; and
(2) the sum of the amount paid under Section 25.0022(e) and the total amounts paid to the counties under Section 25.00211.
(a-1) If the comptroller determines the total amount deposited in the judicial fund by statutory probate courts in all counties as calculated under Subsection (a)(1) exceeds the sum calculated under Subsection (a)(2) [that sum], the comptroller [state] shall remit the excess proportionately to each county that contributed [deposited] a greater amount to [in] the judicial fund from fees collected by a statutory probate court than the amount the county was paid under Section 25.00211, as adjusted in an equitable manner to reflect the differences in the total amounts paid to the counties under Section 25.00211.
SECTION 2.05. Section 25.0022(f), Government Code, is amended to read as follows:
(f) Each county pays annually to the presiding judge, from fees allocated to the judicial education and support fund under [collected pursuant to] Section 135.102 [118.052(2)(A)(vi)], Local Government Code, the amount of the salary apportioned [to it] as provided by this section and the other expenses authorized by this section. The presiding judge shall place each county's payment of salary and other expenses in an administrative fund, from which the salary and other expenses are paid. The salary shall be paid in equal monthly installments.
SECTION 2.06. Section 25.0062(b), Government Code, is amended to read as follows:
(b) The district clerk serves as clerk of a county court at law in felony cases, in family law cases and proceedings, and in civil cases in which the matter in controversy exceeds $325,000 [$250,000]. The county clerk serves as clerk of a county court at law in all other cases. The district clerk shall establish a separate docket for a county court at law. The commissioners court shall provide the deputy clerks, bailiffs, and other personnel necessary to operate a county court at law.
SECTION 2.07. (a) Section 25.0092, Government Code, is amended by amending Subsections (a) and (d) and adding Subsection (c-1) to read as follows:
(a) In addition to the jurisdiction provided by Section 25.0003 and other law, and except as limited by Subsection (b), a county court at law in Atascosa County has concurrent jurisdiction with the district court in:
(1) Class A and Class B misdemeanor cases;
(2) family law matters;
(3) juvenile matters;
(4) probate matters; [and]
(5) appeals from the justice and municipal courts; and
(6) civil cases in which the matter in controversy exceeds the maximum amount provided by Section 25.0003 but does not exceed $1 million, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition, including:
(A) a suit to decide the issue of title to real or personal property;
(B) a suit for the enforcement of a lien on real property;
(C) a suit for the trial of the right to property valued at $500 or more that has been levied on under a writ of execution, sequestration, or attachment; and
(D) a suit for the recovery of real property.
(c-1) In addition to other assignments provided by law, a judge of the county court at law in Atascosa County is subject to assignment under Chapter 74 to any district court in Atascosa County. A county court at law judge assigned to a district court may hear any matter pending in the district court.
(d) The judge of a county court at law shall be paid as provided by Section 25.0005 [a total annual salary set by the commissioners court at an amount that is not less than $1,000 less than the total annual salary received by a district judge in the county.
A district judge's or statutory county court judge's total annual salary does not include contributions and supplements paid by a county].
(b) Section 25.0092(a), Government Code, as amended by this section, applies only to a case filed or proceeding commenced on or after the effective date of this Act. A case filed or proceeding commenced before that date is governed by the law in effect on the date the case was filed or the proceeding was commenced, and the former law is continued in effect for that purpose.
SECTION 2.08. Section 25.0212, Government Code, is amended by amending Subsections (a), (b), and (f) and adding Subsections (i) and (j) to read as follows:
(a) In addition to the jurisdiction provided by Section 25.0003 and other law and except as limited by Subsection (b), a county court at law in Bowie County has, concurrent with the district court, the jurisdiction provided by the constitution and by general law for district courts, including concurrent jurisdiction in:
(1) specialty court programs;
(2) misdemeanor cases;
(3) family law cases and proceedings, including juvenile matters; and
(4) probate and guardianship matters.
(b) A county court at law does not have jurisdiction of:
(1) felony criminal matters;
(2) suits on behalf of the state to recover penalties or escheated property;
(3) misdemeanors involving official misconduct;
(4) contested elections; or
(5) civil cases in which the matter in controversy exceeds the amount provided in Section 25.0003 [$200,000], excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition.
(f) The [commissioners court may authorize the judge of a county court at law to set the] official court reporter of a county court at law is entitled to compensation, fees, and allowances in amounts equal to the amounts paid to the official court reporters serving the district courts in Bowie County, including an annual salary set by the judge of the county court at law and approved by the commissioners court [reporter's salary].
(i) The jury in all civil or criminal matters is composed of 12 members, except in misdemeanor criminal cases and any other case in which the court has concurrent jurisdiction with county courts under Section 25.0003(a), the jury is composed of six members.
(j) In matters of concurrent jurisdiction, a judge of a county court at law and a judge of a district court with jurisdiction in Bowie County may transfer cases between the courts in the same manner that judges of district courts may transfer cases under Section 24.003.
SECTION 2.09. (a) Section 25.1031(a), Government Code, is amended to read as follows:
(a) Harris County has the following county civil courts at law:
(1) County Civil Court at Law No. 1 of Harris County, Texas;
(2) County Civil Court at Law No. 2 of Harris County, Texas;
(3) County Civil Court at Law No. 3 of Harris County, Texas; [and]
(4) County Civil Court at Law No. 4 of Harris County, Texas; and
(5) County Civil Court at Law No. 5 of Harris County, Texas.
(b) The County Civil Court at Law No. 5 of Harris County is created on September 1, 2025.
SECTION 2.10. (a) Effective January 1, 2027, Section 25.1101(b), Government Code, is amended to read as follows:
(b) Hidalgo County has the following statutory probate courts:
(1) [one statutory probate court, the] Probate Court No. 1 of Hidalgo County; and
(2) Probate Court No. 2 of Hidalgo County.
(b) On January 1, 2027:
(1) Probate Court No. 2 of Hidalgo County is created; and
(2) the Probate Court of Hidalgo County is redesignated as Probate Court No. 1 of Hidalgo County.
SECTION 2.11. (a) Section 25.1102(a), Government Code, is amended to read as follows:
(a) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Hidalgo County has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings; and
(2) civil cases [in which the matter in controversy does not exceed $750,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the page of the petition].
(b) Section 25.1102(a), Government Code, as amended by this section, applies only to an action filed in a county court at law in Hidalgo County on or after the effective date of this Act. An action filed in a county court at law in Hidalgo County before the effective date of this Act is governed by the law in effect on the date the action was filed, and the former law is continued in effect for that purpose.
SECTION 2.12. Section 25.1902(b-1), Government Code, is amended to read as follows:
(b-1) In addition to the jurisdiction provided by Subsections (a) and (b), the county courts at law in [County Court at Law No.
1 of] Potter County have [has] concurrent jurisdiction with the district court in felony cases to conduct arraignments, conduct pretrial hearings, and accept pleas in uncontested matters.
SECTION 2.13. Section 25.2282, Government Code, is amended by adding Subsection (b) to read as follows:
(b) In addition to the jurisdiction provided by Section 25.0003 and other law, a county court at law in Tom Green County has concurrent jurisdiction with the district court in family law cases and proceedings.
SECTION 2.14. Sections 25.2452(b), (c), (d), and (e), Government Code, are amended to read as follows:
(b) All misdemeanor cases, probate and mental health matters, proceedings under the Estates Code, and appeals from municipal courts of record shall be filed in the county court at law. A county court at law may transfer a case or an appeal described by this subsection to the county court with the consent of the county judge.
(c) Except as provided by Section 25.0003 and Subsection (d), a county court at law has concurrent jurisdiction with the district court in:
(1) family law cases and proceedings under the Family Code; [and]
(2) civil cases in which the amount in controversy exceeds $500 but does not exceed $200,000, excluding interest, exemplary damages, penalties, attorney's fees, and court costs; and
(3) appeals from the justice courts.
(d) A county court at law does not have jurisdiction of:
(1) a case under:
(A) the Alcoholic Beverage Code;
(B) the Election Code; or
(C) the Tax Code; or
(2) a matter over which the district court has exclusive jurisdiction[; or
[(3)
a civil case, other than a case under the Family Code or the Estates Code, in which the amount in controversy is:
[(A)
less than the maximum amount in controversy allowed the justice court in Wichita County; or
[(B)
more than $200,000, exclusive of punitive or exemplary damages, penalties, interest, costs, and attorney's fees].
(e) On the motion of any party, a county court at law may transfer a civil case originally filed in a county court at law that exceeds the maximum amount in controversy described by Subsection (c)(2) [(d)(3)(B)] to the district court in Wichita County, except that an announcement of ready for trial by all parties before a motion to transfer the case to the district court is filed confers original jurisdiction on the county court at law. A case that is transferred to the district court shall be completed under the same cause number and in the same manner as if the case were originally filed in the district court.
SECTION 2.15. Section 25.2704(a), Government Code, is amended to read as follows:
(a) In addition to the jurisdiction provided by Section 25.0003 and other law, the 2nd Multicounty Court at Law has concurrent jurisdiction with the district courts, including [except] in civil cases in which the matter in controversy exceeds the maximum amount provided by Section 25.0003(c)(1).
SECTION 2.16. (a) Sections 25.0212(d) and 25.1723(c), Government Code, are repealed.
(b) Section 25.1723(c), Government Code, as repealed by this section, applies only to an action filed on or after September 1, 2025. An action filed before that date is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.
SECTION 2.17. Sections 25.0003(c), 25.0007(c), and 25.0062(b), Government Code, as amended by this article, apply only to a civil case filed in a statutory county court on or after September 1, 2025. A civil case filed in a statutory county court before that date is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.
SECTION 2.18. Section 25.00212, Government Code, as amended by this article, applies to amounts deposited in the judicial fund under Section 133.151(c)(1), Local Government Code, from fees collected by a statutory probate court before, on, or after September 1, 2025.
SECTION 2.19. Section 25.2282, Government Code, as amended by this article, applies only to a case filed or proceeding commenced on or after September 1, 2025. A case filed or proceeding commenced before that date is governed by the law in effect on the date the action was filed, and the former law is continued in effect for that purpose.
SECTION 2.20. Section 25.2452, Government Code, as amended by this article, applies only to an action filed in a county court at law in Wichita County on or after September 1, 2025. An action filed in a county court at law in Wichita County before that date is governed by the law in effect on the date the action was filed, and the former law is continued in effect for that purpose.
SECTION 2.21. Section 25.2704(a), Government Code, as amended by this article, applies only to a case filed or proceeding commenced on or after September 1, 2025. A case filed or proceeding commenced before that date is governed by the law in effect on the date the case was filed or the proceeding was commenced, and the former law is continued in effect for that purpose.
ARTICLE 3. VISITING JUDGES
SECTION 3.01. Section 25.0022, Government Code, is amended by amending Subsections (d), (h), (k), (o), (t), (u), and (w) and adding Subsection (k-1) to read as follows:
(d) The presiding judge shall:
(1) ensure the promulgation of local rules of administration in accordance with policies and guidelines set by the supreme court;
(2) advise local statutory probate court judges on case flow management practices and auxiliary court services;
(3) perform a duty of a local administrative statutory probate court judge if the local administrative judge does not perform that duty;
(4) appoint an assistant presiding judge of the statutory probate courts;
(5) call and preside over annual meetings of the judges of the statutory probate courts at a time and place in the state as designated by the presiding judge;
(6) call and convene other meetings of the judges of the statutory probate courts as considered necessary by the presiding judge to promote the orderly and efficient administration of justice in the statutory probate courts;
(7) study available statistics reflecting the condition of the dockets of the probate courts in the state to determine the need for the assignment of judges under this section;
(8) compare local rules of court to achieve uniformity of rules to the extent practical and consistent with local conditions;
(9) assign or order the clerk who serves the statutory probate courts to randomly assign a judge or former or retired judge of a statutory probate court or a former or retired justice of an appellate court to hear a case under Section 25.002201(a) or 25.00255, as applicable; and
(10) require the local administrative judge for statutory probate courts in a county to ensure that all statutory probate courts in the county comply with Chapter 37.
(h) Subject to Section 25.002201, a judge or a former or retired judge of a statutory probate court or a former or retired justice of an appellate court may be assigned by the presiding judge of the statutory probate courts to hold court in a statutory probate court, a county court, or any statutory court exercising probate jurisdiction when:
(1) a statutory probate judge requests assignment of another judge to the judge's court;
(2) a statutory probate judge is absent, disabled, or disqualified for any reason;
(3) a statutory probate judge is present or is trying cases as authorized by the constitution and laws of this state and the condition of the court's docket makes it necessary to appoint an additional judge;
(4) the office of a statutory probate judge is vacant;
(5) the presiding judge of an administrative judicial district requests the assignment of a statutory probate judge to hear a probate matter in a county court or statutory county court;
(6) the statutory probate judge is recused or disqualified as described by Section 25.002201(a);
(7) a county court judge requests the assignment of a statutory probate judge to hear a probate matter in the county court; or
(8) a local administrative statutory probate court judge requests the assignment of a statutory probate judge to hear a matter in a statutory probate court.
(k) Except as provided by Subsection (k-1), the [The] daily compensation of a former or retired judge or justice for purposes of this section is set at an amount equal to the daily compensation of a judge of a statutory probate court in the county in which the former or retired judge or justice is assigned. A former or retired judge or justice assigned to a county that does not have a statutory probate court shall be paid an amount equal to the daily compensation of a judge of a statutory probate court in the county where the assigned judge or justice was last elected.
(k-1) Notwithstanding Subsection (k), a former or retired judge or justice assigned under this section to a statutory probate court in a county located in the Texas-Mexico border region, as defined by Section 2056.002(e), is entitled to compensation from the state in an amount equal to the maximum salary a district judge may receive from county and state sources under Section 659.012(a) if the presiding judge of the administrative judicial region in which the county lies certifies that exigent circumstances require the assignment and money has been appropriated specifically for that purpose.
(o) The county in which the assigned judge served shall pay out of the general fund of the county:
(1) expenses certified under Subsection (m) to the assigned judge; and
(2) the salary certified under Subsection (m) to the county in which the assigned judge serves, or, if the assigned judge is a former or retired judge or justice, to the assigned judge.
(t) To be eligible for assignment under this section, a former or retired judge of a statutory probate court or a former or retired justice of an appellate court must:
(1) not have been removed from office;
(2) certify under oath to the presiding judge, on a form prescribed by the state board of regional judges, that:
(A) the judge or justice has not been publicly reprimanded or censured by the State Commission on Judicial Conduct; and
(B) the judge or justice:
(i) did not resign or retire from office after the State Commission on Judicial Conduct notified the judge or justice of the commencement of a full investigation into an allegation or appearance of misconduct or disability of the judge or justice as provided in Section 33.022 and before the final disposition of that investigation; or
(ii) if the judge or justice did resign from office under circumstances described by Subparagraph (i), was not publicly reprimanded or censured as a result of the investigation;
(3) annually demonstrate that the judge or justice has completed in the past state fiscal year the educational requirements for an active statutory probate court judge;
(4) have served as an active judge or justice for at least 72 months in a district, statutory probate, statutory county, or appellate court; and
(5) have developed substantial experience in the judge's or justice's area of specialty.
(u) In addition to the eligibility requirements under Subsection (t), to be eligible for assignment under this section in the judge's or justice's county of residence, a former or retired judge of a statutory probate court or a former or retired justice of an appellate court must certify to the presiding judge a willingness not to:
(1) appear and plead as an attorney in any court in the judge's county of residence for a period of two years; and
(2) accept appointment as a guardian ad litem, guardian of the estate of an incapacitated person, or guardian of the person of an incapacitated person in any court in the judge's or justice's county of residence for a period of two years.
(w) A former or retired judge or justice who is assigned under this section is not an employee of the county in which the assigned court is located.
SECTION 3.02. Section 25.002201, Government Code, is amended to read as follows:
Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR DISQUALIFICATION. (a) Except as provided by Subsection (b), not later than the 15th day after the date an order of recusal or disqualification of a statutory probate court judge is issued in a case, the presiding judge shall assign a statutory probate court judge or a former or retired judge of a statutory probate court or a former or retired justice of an appellate court to hear the case if:
(1) the judge of the statutory probate court recused himself or herself under Section 25.00255(g)(1)(A);
(2) the judge of the statutory probate court disqualified himself or herself under Section 25.00255(g-1);
(3) the order was issued under Section 25.00255(i-3)(1); or
(4) the presiding judge receives notice and a request for assignment from the clerk of the statutory probate court under Section 25.00255(l).
(b) If the judge who is the subject of an order of recusal or disqualification is the presiding judge of the statutory probate courts, the chief justice of the supreme court shall assign a statutory probate judge, [or] a former or retired judge of a statutory probate court, or a former or retired justice of an appellate court to hear the case.
SECTION 3.03. Section 25.00255, Government Code, is amended by amending Subsection (a) and adding Subsections (b) and (c) to read as follows:
(a) Notwithstanding any conflicting provision in the Texas Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil Procedure, apply to the recusal and disqualification of a statutory probate court judge except as otherwise provided by this section or another provision of this subchapter. The presiding judge:
(1) has the authority and shall perform the functions and duties of the presiding judge of the administrative judicial region under the rules, including the duty to hear or rule on a referred motion of recusal or disqualification or, subject to Subdivisions (2) and (3), assign a judge to hear and rule on a referred motion of recusal or disqualification;
(2) may assign a presiding judge of the administrative judicial region to hear and rule on a referred motion of recusal or disqualification only with the consent of the presiding judge of the administrative judicial region;
(3) may not assign a judge of a statutory probate court located in the same county as the statutory probate court served by the judge who is the subject of the motion of recusal or disqualification; and
(4) if the presiding judge is the subject of the motion of recusal or disqualification, shall sign and file with the clerk an order referring the motion to the chief justice of the supreme court for assignment of a presiding judge of an administrative judicial region, a statutory probate court judge, [or] a former or retired judge of a statutory probate court, or a former or retired justice of an appellate court to hear and rule on the motion, subject to Subdivisions (2) and (3).
(b) The presiding judge may deny a motion of recusal or disqualification that does not comply with Rule 18a, Texas Rules of Civil Procedure, without a hearing. An order denying a motion under this subsection must state the manner in which the motion fails to comply with that rule.
(c) A motion of recusal or disqualification that does not comply with Rule 18a, Texas Rules of Civil Procedure, is a motion or disqualification for the purpose of determining whether a tertiary recusal motion has been filed under Section 25.00256, regardless of whether the motion was amended after filing.
SECTION 3.04. Section 74.003(e), Government Code, is amended to read as follows:
(e) A retired justice or judge assigned as provided by this section is entitled to receive, pro rata for the time serving on assignment, from money appropriated from the general revenue fund for that purpose, an amount equal to the compensation received from state and county sources by a justice of the court of appeals to which assigned. A former justice or judge assigned as provided by this section is entitled to receive, pro rata for the time serving on assignment, from money appropriated from the general revenue fund for that purpose, an amount equal to the compensation from the state received by a justice of the court of appeals to which assigned, and from county sources, an amount equal to the compensation received from county sources by a justice of the court of appeals to which assigned. For purposes of determining the amount to be paid to a former or retired justice or judge under this subsection, the compensation received from the state by a justice of the court of appeals to which the retired justice or judge is assigned is the amount equal to the state [base] salary paid to a justice of that court of appeals with eight years of service [as set by the General Appropriations Act] in accordance with Section 659.012(b)(2) [659.012(a)].
SECTION 3.05. Section 74.046(b), Government Code, is amended to read as follows:
(b) A presiding judge may appoint a judicial mentor or arrange for additional administrative personnel to be assigned to a court identified by the Office of Court Administration of the Texas Judicial System as needing additional assistance under Section 72.024(b-1). A former or retired judge or justice assigned as a judicial mentor under this subsection is entitled to the same salary, compensation, and expenses under Section 74.061 that the judge or justice would be entitled to if the judge or justice had been assigned under this chapter to serve as the judge of a trial court in the administrative judicial region of the court to which the judge or justice is assigned as a judicial mentor.
SECTION 3.06. Section 74.059, Government Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) A judge assigned under the provisions of this chapter to a court that sits in a county located in the Texas-Mexico border region, as defined by Section 2056.002(e), may conduct a proceeding, other than a trial, or perform a judicial action from any location in this state using videoconference, teleconference, or other available electronic means if authorized by the order of assignment.
SECTION 3.07. Sections 74.061(h) and (i), Government Code, are amended to read as follows:
(h) Notwithstanding Subsection (c), the salary from the state of a retired judge or justice assigned to a district court is determined pro rata based on the sum of the regular judge's salary from the county plus the amount of the state [base] salary paid to a district judge with eight years of service [as set by the General Appropriations Act] in accordance with Section 659.012(b)(2) [659.012(a)].
(i) Notwithstanding Subsection (d), the salary from the state of a former judge or justice assigned to a district court is determined pro rata based on the amount of the state [base] salary paid to a district judge with eight years of service [as set by the General Appropriations Act] in accordance with Section 659.012(b)(2) [659.012(a)].
ARTICLE 4. MASTERS, MAGISTRATES, REFEREES, AND ASSOCIATE JUDGES
SECTION 4.01. Article 2A.151, Code of Criminal Procedure, is amended to read as follows:
Art. 2A.151. TYPES OF MAGISTRATES. The following officers are magistrates for purposes of this code:
(1) a justice of the supreme court;
(2) a judge of the court of criminal appeals;
(3) a justice of the courts of appeals;
(4) a judge of a district court;
(5) an associate judge appointed by:
(A) a judge of a district court or a statutory county court that gives preference to criminal cases in Jefferson County;
(B) a judge of a district court or a statutory county court of Brazos County, Nueces County, or Williamson County; [or]
(C) a judge of a district court under Chapter 54A, Government Code; or
(D) a judge of a district court under Subchapter B, Chapter 54B, Government Code;
(6) a criminal magistrate appointed by:
(A) the Bell County Commissioners Court;
(B) the Brazoria County Commissioners Court; or
(C) [(B)] the Burnet County Commissioners Court;
(7) a criminal law hearing officer for:
(A) Harris County appointed under Subchapter L, Chapter 54, Government Code; or
(B) Cameron County appointed under Subchapter BB, Chapter 54, Government Code;
(8) a magistrate appointed:
(A) by a judge of a district court of Bexar County, Dallas County, or Tarrant County that gives preference to criminal cases;
(B) by a judge of a criminal district court of Dallas County or Tarrant County;
(C) by a judge of a district court or statutory county court of Denton or Grayson County;
(D) by a judge of a district court or statutory county court that gives preference to criminal cases in Travis County;
(E) [(D)] by the El Paso Council of Judges;
(F) [(E)] by the Fort Bend County Commissioners Court;
(G) [(F)] by the Collin County Commissioners Court; or
(H) [(G)] under Subchapter JJ, Chapter 54, Government Code;
(9) a magistrate or associate judge appointed by a judge of a district court of Lubbock County, Nolan County, or Webb County;
(10) a county judge;
(11) a judge of:
(A) a statutory county court;
(B) a county criminal court; or
(C) a statutory probate court;
(12) an associate judge appointed by a judge of a statutory probate court under Chapter 54A, Government Code;
(13) a justice of the peace; and
(14) a mayor or recorder of a municipality or a judge of a municipal court.
SECTION 4.02. Chapter 54, Government Code, is amended by adding Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 54.001. QUALIFICATIONS. (a) Except as provided by Subsection (b) or another provision of this chapter and in addition to any other qualification required by law, a master, magistrate, referee, or associate judge appointed under this chapter must have been licensed to practice law in this state for at least five years before the date of appointment.
(b) A master, magistrate, referee, or associate judge appointed under the following provisions of this chapter must have been licensed to practice law in this state for at least two years before the date of appointment:
(1) Section 54.991;
(2) Section 54.1231;
(3) Section 54.1501;
(4) Section 54.1851;
(5) Section 54.2001;
(6) Section 54.2301; or
(7) Section 54.2802.
SECTION 4.03. Chapter 54, Government Code, is amended by adding Subchapter EE to read as follows:
SUBCHAPTER EE. BELL COUNTY CRIMINAL MAGISTRATES
Sec. 54.1601. APPOINTMENT. (a) The Commissioners Court of Bell County may select magistrates to serve the courts of Bell County having jurisdiction in criminal matters.
(b) The commissioners court shall establish the minimum qualifications, salary, benefits, and other compensation of each magistrate position and shall determine whether the position is full-time or part-time. Notwithstanding another provision of this chapter, to be eligible for appointment under this subchapter, a person must have been licensed to practice law in this state and in good standing with the State Bar of Texas for at least two years.
(c) A magistrate appointed under this section serves at the pleasure of the commissioners court.
Sec. 54.1602. JURISDICTION. A magistrate has concurrent criminal jurisdiction with the judges of the justice of the peace courts of Bell County.
Sec. 54.1603. POWERS AND DUTIES. (a) The Commissioners Court of Bell County shall establish the powers and duties of a magistrate appointed under this subchapter. Except as otherwise provided by the commissioners court, a magistrate has the powers of a magistrate under the Code of Criminal Procedure and other laws of this state and may administer an oath for any purpose.
(b) A magistrate shall give preference to performing the duties of a magistrate under Article 15.17, Code of Criminal Procedure.
(c) The commissioners court may designate one or more magistrates to hold regular hearings to:
(1) give admonishments;
(2) set and review bail and conditions of release;
(3) appoint legal counsel; and
(4) determine other routine matters relating to preindictment or pending cases within those courts' jurisdiction.
(d) In the hearings provided under Subsection (c), a magistrate shall give preference to the case of an individual held in county jail.
(e) A magistrate may inquire into a defendant's intended plea to the charge and set the case for an appropriate hearing before a judge or master.
Sec. 54.1604. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.
Sec. 54.1605. WITNESSES. (a) A witness who is sworn and who appears before a magistrate is subject to the penalties for perjury and aggravated perjury provided by law.
(b) A referring court may fine or imprison a witness or other court participant for failure to appear after being summoned, refusal to answer questions, or other acts of direct contempt before a magistrate.
SECTION 4.04. Section 54.302, Government Code, is amended to read as follows:
Sec. 54.302. QUALIFICATIONS. To be eligible for appointment as a magistrate, a person must[:
[(1)] be a resident of this state[; and
[(2)
have been licensed to practice law in this state for at least four years].
SECTION 4.05. Section 54.652, Government Code, is amended to read as follows:
Sec. 54.652. QUALIFICATIONS. To be eligible for appointment as a magistrate, a person must[:
[(1)] be a resident of this state[; and
[(2)
have been licensed to practice law in this state for at least four years].
SECTION 4.06. Section 54.802, Government Code, is amended to read as follows:
Sec. 54.802. QUALIFICATIONS. A master must[:
[(1)] be a citizen and resident of this state[; and
[(2)
have been licensed to practice law in this state for at least four years].
SECTION 4.07. Section 54.853, Government Code, is amended to read as follows:
Sec. 54.853. QUALIFICATIONS. To be eligible for appointment as a criminal law hearing officer under this subchapter, a person must:
(1) be a resident of this state and the county;
(2) [have been licensed to practice law in this state for at least four years;
[(3)] not have been defeated for reelection to a judicial office;
(3) [(4)] not have been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the judge's court; and
(4) [(5)] not have resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct had been instituted as provided in Section 33.022 and before the final disposition of the proceedings.
SECTION 4.08. Section 54.872, Government Code, is amended to read as follows:
Sec. 54.872. QUALIFICATIONS. To be eligible for appointment as a magistrate, a person must[:
[(1)] be a resident of this state[; and
[(2)
have been licensed to practice law in this state for at least four years].
SECTION 4.09. Section 54.902, Government Code, is amended to read as follows:
Sec. 54.902. QUALIFICATIONS. To be eligible for appointment as a magistrate, a person must[:
[(1)] be a resident of this state[; and
[(2)
have been licensed to practice law in this state for at least four years].
SECTION 4.10. Section 54.972, Government Code, is amended to read as follows:
Sec. 54.972. QUALIFICATIONS. A magistrate must[:
[(1)] be a resident of this state and of Travis County[; and
[(2)
have been licensed to practice law in this state for at least four years].
SECTION 4.11. Section 54.1173, Government Code, is amended to read as follows:
Sec. 54.1173. QUALIFICATIONS. A magistrate must:
(1) be a citizen of this state; and
(2) be at least 25 years of age[; and
[(3)
have been licensed to practice law in this state for at least four years preceding the date of appointment].
SECTION 4.12. Section 54.1353, Government Code, is amended to read as follows:
Sec. 54.1353. QUALIFICATIONS. To be eligible for appointment as a criminal law hearing officer under this subchapter, a person must:
(1) be a resident of Cameron County;
(2) be eligible to vote in this state and in Cameron County;
(3) be at least 30 years of age; and
(4) [be a licensed attorney with at least four years' experience; and
[(5)] have the other qualifications required by the board.
SECTION 4.13. Section 54.1501(b), Government Code, is amended to read as follows:
(b) The commissioners court shall establish the minimum qualifications, salary, benefits, and other compensation of each magistrate position and shall determine whether the position is full-time or part-time. [The qualifications must require the magistrate to:
[(1)
have served as a justice of the peace or municipal court judge; or
[(2)
be an attorney licensed in this state.]
SECTION 4.14. Section 54.1804, Government Code, is amended to read as follows:
Sec. 54.1804. QUALIFICATIONS. A magistrate must[:
[(1)] be a resident of this state and of the county in which the magistrate is appointed to serve under this subchapter[; and
[(2)
have been licensed to practice law in this state for at least four years].
SECTION 4.15. Section 54.1851(b), Government Code, is amended to read as follows:
(b) The commissioners court shall establish the minimum qualifications, salary, benefits, and other compensation of each magistrate position and shall determine whether the position is full-time or part-time. [The qualifications must require the magistrate to have served as a justice of the peace or be an attorney licensed in this state.]
SECTION 4.16. Section 54.1953, Government Code, is amended to read as follows:
Sec. 54.1953. QUALIFICATIONS. A magistrate must:
(1) be a citizen of this state; and
(2) have resided in the county for at least six months before the date of the appointment[; and
[(3)
have:
[(A)
served as a justice of the peace for at least four years before the date of appointment; or
[(B)
been licensed to practice law in this state for at least four years before the date of appointment].
SECTION 4.17. Section 54.2202(a), Government Code, is amended to read as follows:
(a) To be eligible for appointment as a magistrate, a person must:
(1) be a citizen of the United States; and
(2) have resided in Collin County for at least the four years preceding the person's appointment[; and
[(3)
have been licensed to practice law in this state for at least four years].
SECTION 4.18. Section 54.2402(a), Government Code, is amended to read as follows:
(a) To be eligible for appointment as a magistrate, a person must:
(1) be a citizen of the United States; and
(2) have resided in Fort Bend County for at least the four years preceding the person's appointment[; and
[(3)
have been licensed to practice law in this state for at least four years].
SECTION 4.19. Section 54.2602, Government Code, is amended to read as follows:
Sec. 54.2602. QUALIFICATIONS. To be eligible for appointment as a magistrate, a person must[:
[(1)] be a resident of this state[; and
[(2)
have been licensed to practice law in this state for at least four years].
SECTION 4.20. Section 54.2702(a), Government Code, is amended to read as follows:
(a) To be eligible for appointment as a magistrate, a person must be a resident of this state [and:
[(1)
have served as a justice of the peace or municipal court judge for at least four years before the date of appointment; or
[(2)
have been licensed to practice law in this state for at least four years before the date of appointment].
SECTION 4.21. Section 54.2802(a), Government Code, is amended to read as follows:
(a) The district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County shall appoint one or more judges to preside over the criminal law magistrate court. An appointed judge must:
(1) serve Denton County as a district court judge, a criminal statutory county court judge, an associate judge of a court with criminal jurisdiction, a magistrate, including a jail magistrate, a judge of a municipal court of record, or a justice of the peace;
(2) [be a licensed attorney in good standing with the State Bar of Texas;
[(3)] be authorized to access criminal history records under state and federal law;
(3) [(4)] have completed training necessary to serve as a magistrate in Denton County, as determined by the district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County; and
(4) [(5)] meet the qualifications under Section 54.2807.
SECTION 4.22. Section 54.2807, Government Code, is amended to read as follows:
Sec. 54.2807. QUALIFICATIONS. To be eligible for appointment as the criminal law magistrate court associate judge, a jail magistrate, or another magistrate in the criminal law magistrate court, a person must[:
[(1)] have been a resident of Denton County for at least two years preceding the person's appointment[; and
[(2)
have been licensed to practice law in this state for at least four years].
SECTION 4.23. Section 54A.003, Government Code, is amended to read as follows:
Sec. 54A.003. QUALIFICATIONS. To qualify for appointment as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties the person will serve;
(2) have been licensed to practice law in this state for at least five [four] years;
(3) not have been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the judge's court; and
(4) not have resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct had been instituted as provided by Section 33.022 and before final disposition of the proceedings.
SECTION 4.24. Section 54A.103, Government Code, is amended to read as follows:
Sec. 54A.103. QUALIFICATIONS. To qualify for appointment as an associate judge under this subchapter, a person must:
(1) be a resident of this state and one of the counties the person will serve;
(2) have been licensed to practice law in this state for at least five [four] years;
(3) not have been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the judge's court; and
(4) not have resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct had been instituted as provided in Section 33.022 and before final disposition of the proceedings.
SECTION 4.25. Section 54A.305(a), Government Code, is amended to read as follows:
(a) To be eligible for appointment as an associate judge under this subchapter, a person must:
(1) be a citizen of the United States;
(2) be a resident of this state for the two years preceding the date of appointment; and
(3) be:
(A) eligible for assignment under Section 74.054 because the person is named on the list of retired and former judges maintained by the presiding judge of the administrative judicial region under Section 74.055;
(B) eligible for assignment under Section 25.0022 by the presiding judge of the statutory probate courts; or
(C) licensed to practice law in this state for at least five years and have at least four years of experience in guardianship proceedings or protective services proceedings before the date of appointment as a practicing attorney in this state or a judge of a court in this state.
SECTION 4.26. Chapter 54B, Government Code, is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. CRIMINAL ASSOCIATE JUDGES IN COKE, CONCHO, IRION, RUNNELS, SCHLEICHER, STERLING, AND TOM GREEN COUNTIES
Sec. 54B.031. APPOINTMENT. (a) A judge of the 51st, 119th, 340th, or 391st district court may appoint a full-time or part-time criminal associate judge to perform the duties authorized by this subchapter if the commissioners court of the county in which the court has jurisdiction has authorized the creation of an associate judge position.
(b) If a court has jurisdiction in more than one county, an associate judge appointed by that court may serve only in a county in which the commissioners court has authorized the appointment.
(c) If more than one court in a county is subject to this subchapter, the commissioners court may authorize the appointment of an associate judge for each court or may authorize one or more associate judges to share service with two or more courts.
(d) If an associate judge serves more than one court, the associate judge's appointment must be made as established by local rule, but in no event by less than a vote of two-thirds of the judges under whom the associate judge serves.
Sec. 54B.032. APPLICABILITY. Except as provided by Section 54B.033, Subchapter A, Chapter 54A applies to a criminal associate judge appointed under this subchapter.
Sec. 54B.033. PROCEEDINGS THAT MAY BE REFERRED. (a) A judge may refer to a criminal associate judge any criminal case or matter relating to a criminal case for proceedings involving:
(1) a negotiated plea of guilty or no contest and sentencing before the court;
(2) a bond forfeiture, remittitur, and related proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an order of expunction under Chapter 55A, Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter 59, Code of Criminal Procedure;
(9) a petition for an order of nondisclosure of criminal history record information or an order of nondisclosure of criminal history record information that does not require a petition provided by Subchapter E-1, Chapter 411;
(10) a motion to modify or revoke community supervision or to proceed with an adjudication of guilty;
(11) setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition; and
(14) any other matter the judge considers necessary and proper.
(b) A judge may refer to a criminal associate judge a civil case arising out of Chapter 59, Code of Criminal Procedure, for any purpose authorized by that chapter, including issuing orders, accepting agreed judgments, enforcing judgments, and presiding over a case on the merits if a party has not requested a jury trial.
(c) A criminal associate judge may accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses.
(d) A criminal associate judge may select a jury. A criminal associate judge may not preside over a criminal trial on the merits, whether or not the trial is before a jury.
(e) A criminal associate judge may not hear a jury trial on the merits of a bond forfeiture.
(f) A judge of a designated juvenile court may refer to a criminal associate judge any proceeding over which a juvenile court has exclusive original jurisdiction under Title 3, Family Code, including any matter ancillary to the proceeding.
SECTION 4.27. The changes in law made by this article apply only to a master, magistrate, referee, or associate judge appointed under Chapter 54 or 54A, Government Code, as amended by this article, on or after September 1, 2025. A master, magistrate, referee, or associate judge appointed before that date is governed by the law in effect on the date the master, magistrate, referee, or associate judge was appointed, and the former law is continued in effect for that purpose.
ARTICLE 5. BUSINESS COURT
SECTION 5.01. Section 659.012, Government Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) In addition to the annual base salary from the state prescribed by Subsection (a), a judge of a division of the business court is entitled to an additional annual salary from the state in an amount equal to the difference between the judge's annual base salary from the state and the maximum combined base salary from all state and county sources paid to a district judge under Subsection (a).
ARTICLE 6. JURORS
SECTION 6.01. Article 19A.051(c), Code of Criminal Procedure, is amended to read as follows:
(c) The judge shall test the qualifications for and exemptions [excuses] from service as a grand juror and impanel the completed grand jury as provided by this chapter.
SECTION 6.02. The heading to Subchapter C, Chapter 19A, Code of Criminal Procedure, is amended to read as follows:
SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXEMPTIONS [EXCUSES] FROM SERVICE
SECTION 6.03. Article 19A.101, Code of Criminal Procedure, is amended to read as follows:
Art. 19A.101. GRAND JUROR QUALIFICATIONS; LISTS OF DISQUALIFIED PERSONS. (a) A person may be selected or serve as a grand juror only if the person:
(1) is at least 18 years of age;
(2) is a citizen of the United States;
(3) is a resident of this state and of the county in which the person is to serve;
(4) is qualified under the constitution and other laws to vote in the county in which the grand jury is sitting, regardless of whether the person is registered to vote;
(5) is of sound mind and good moral character;
(6) is able to read and write;
(7) has never been convicted of misdemeanor theft [or a felony];
(8) has never been convicted of a felony;
(9) is not under indictment or other legal accusation for misdemeanor theft or a felony;
(10) [(9)] is not related within the third degree by consanguinity or second degree by affinity, as determined under Chapter 573, Government Code, to any person selected to serve or serving on the same grand jury;
(11) [(10)] has not served as a grand juror in the year before the date on which the term of court for which the person has been selected as a grand juror begins; and
(12) [(11)] is not a complainant in any matter to be heard by the grand jury during the term of court for which the person has been selected as a grand juror.
(b) On the third business day of each month, the clerk of the district court shall prepare:
(1) a list of persons who in the preceding month were disqualified from serving as a grand juror based on the person's citizenship [or indictment or conviction for misdemeanor theft or a felony] and send a copy of the list to:
(A) [(1)] the secretary of state;
(B) the voter registrar for the county in which the grand jury is sitting; and
(C) [(2)] the prosecuting attorney for the court to which the grand jurors were summoned for investigation into whether any person made a false claim concerning the person's qualification under Subsection (a)(2);
(2) a list of persons who in the preceding month were disqualified from serving as a grand juror based on the person's residency and send a copy of the list to:
(A) the secretary of state; and
(B) the voter registrar for the county in which the grand jury is sitting;
(3) a list of persons who in the preceding month were disqualified from serving as a grand juror based on the person's conviction for a felony and send a copy of the list to:
(A) the secretary of state;
(B) the voter registrar for the county in which the grand jury is sitting; and
(C) the prosecuting attorney for the court to which the grand jurors were summoned for investigation into whether any person made a false claim concerning the person's qualification under Subsection (a)(8); and
(4) a list of persons who in the preceding month were disqualified from serving as a grand juror based on the person's indictment for a felony or indictment or conviction for misdemeanor theft and send a copy of the list to:
(A) the secretary of state; and
(B) the prosecuting attorney for the court to which the grand jurors were summoned for investigation into whether any person made a false claim concerning the person's qualification under Subsection (a)(7) or (9) [, (7), or (8)].
SECTION 6.04. Article 19A.105, Code of Criminal Procedure, is amended to read as follows:
Art. 19A.105. EXCUSE AND EXEMPTION [EXCUSES] FROM GRAND JURY SERVICE. (a) The court shall excuse from serving any summoned person who does not possess the requisite qualifications or who claims an exemption to which the person is entitled.
(b) The following qualified persons may be exempted [excused] from grand jury service:
(1) a person who is 75 years of age or older [than 70 years of age];
(2) a person responsible for the care of a child who is younger than 18 years of age and who will be without adequate supervision if the person serves on the grand jury;
(3) a student of a public or private secondary school;
(4) a person enrolled in and in actual attendance at an institution of higher education; and
(5) any other person the court determines has a reasonable excuse from service.
SECTION 6.05. Subchapter C, Chapter 19A, Code of Criminal Procedure, is amended by adding Articles 19A.106 and 19A.107 to read as follows:
Art. 19A.106. PERMANENT EXEMPTION FOR ELDERLY. (a) A person who is entitled to exemption from grand jury service because the person is 75 years of age or older may establish a permanent exemption on that ground as provided by this article.
(b) A person may claim a permanent exemption by filing with the district clerk or the clerk of a district court in the county, through an electronic transmission, mail, or personal delivery, a signed statement affirming the person is 75 years of age or older and desires a permanent exemption on that ground.
(c) The district clerk shall maintain a current register of the name of each person who resides in the county and who has claimed and is entitled to a permanent exemption from grand jury service because the person is 75 years of age or older.
(d) On the third business day of each month, the district clerk shall prepare a list of persons who in the preceding month were permanently exempted from serving as a grand juror under this article or who rescinded a permanent exemption under Subsection (f) and send a copy of the list to the secretary of state.
(e) A person whose name appears on the register of persons permanently exempted from serving as a grand juror under this article may not be selected or summoned for grand jury service by any district judge in the county.
(f) A person who has claimed a permanent exemption from jury service under this article may rescind the exemption at any time by filing a signed request for the rescission with the district clerk or the clerk of a district court in the county. Rescission of a permanent exemption does not affect the right of a person who is 75 years of age or older to claim a permanent exemption at a later time.
Art. 19A.107. LIST OF DISQUALIFIED CONVICTED PERSONS. (a) The district clerk shall maintain a list of the name and address of each person who is disqualified under this subchapter from grand jury service because the person was convicted of misdemeanor theft or a felony.
(b) A person who was convicted of misdemeanor theft or a felony is permanently disqualified from serving as a juror.
(c) A person whose name appears on the list maintained under this article may not be selected or summoned for grand jury service by any judge of a district court served by the clerk.
(d) On the third business day of each month, the district clerk shall send a copy of the list maintained under this article to:
(1) the secretary of state; and
(2) the prosecuting attorney for the court to which the grand jurors were summoned for investigation into whether any person made a false claim concerning the person's qualification under Article 19A.101(a)(7) or (8).
(e) On the third business day of each month, the district clerk shall prepare a list of the name and address of each person on the list maintained under this article disqualified from grand jury service because the person was convicted of a felony and send a copy of the list to the voter registrar for the county in which the grand jury is sitting.
SECTION 6.06. Sections 62.001(a) and (b), Government Code, are amended to read as follows:
(a) The jury wheel must be reconstituted by using, as the source:
(1) the names of all persons on the current voter registration lists from all the precincts in the county; and
(2) all names on a current list to be furnished by the Department of Public Safety, showing the citizens of the county who:
(A) hold a valid Texas driver's license or a valid personal identification card or certificate issued by the department; and
(B) are not disqualified from jury service under Section 62.102(1), (2), (3), (7), or (8).
(b) Notwithstanding Subsection (a), the names of persons listed on a register of persons exempt from jury service may not be placed in the jury wheel, as provided by Sections 62.108 and[,] 62.109[, 62.113, 62.114, and 62.115].
SECTION 6.07. Section 62.0132(g), Government Code, is amended to read as follows:
(g) The information contained in a completed questionnaire may be disclosed to:
(1) a judge assigned to hear a cause of action in which the respondent to the questionnaire is a potential juror;
(2) court personnel;
(3) a litigant and a litigant's attorney in a cause of action in which the respondent to the questionnaire is a potential juror; and
(4) other than information provided that is related to Section 62.102(2), (3), (7), (8), or (9) [62.102(8) or (9)], the voter registrar of a county in connection with any matter of voter registration or the administration of elections.
SECTION 6.08. Section 62.102, Government Code, is amended to read as follows:
Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A person is disqualified to serve as a petit juror unless the person:
(1) is at least 18 years of age;
(2) is a citizen of the United States;
(3) is a resident of this state and of the county in which the person is to serve as a juror;
(4) is qualified under the constitution and laws to vote in the county in which the person is to serve as a juror;
(5) is of sound mind and good moral character;
(6) is able to read and write;
(7) [has not served as a petit juror for six days during the preceding three months in the county court or during the preceding six months in the district court;
[(8)] has not been convicted of misdemeanor theft [or a felony];
(8) has not been convicted of a felony; [and]
(9) is not under indictment or other legal accusation for misdemeanor theft or a felony; and
(10) has not served as a petit juror for six days during the preceding three months in the county court or during the preceding six months in the district court.
SECTION 6.09. Section 62.106(a), Government Code, is amended to read as follows:
(a) A person qualified to serve as a petit juror may establish an exemption from jury service if the person:
(1) is [over] 75 years of age or older;
(2) has legal custody of a child younger than 12 years of age and the person's service on the jury requires leaving the child without adequate supervision;
(3) is a student of a public or private secondary school;
(4) is a person enrolled and in actual attendance at an institution of higher education;
(5) is an officer or an employee of the senate, the house of representatives, or any department, commission, board, office, or other agency in the legislative branch of state government;
(6) is summoned for service in a county with a population of at least 200,000, unless that county uses a jury plan under Section 62.011 and the period authorized under Section 62.011(b)(5) exceeds two years, and the person has served as a petit juror in the county during the 24-month period preceding the date the person is to appear for jury service;
(7) is the primary caretaker of a person who is unable to care for himself or herself;
(8) except as provided by Subsection (b), is summoned for service in a county with a population of at least 250,000 and the person has served as a petit juror in the county during the three-year period preceding the date the person is to appear for jury service; or
(9) is a member of the United States military forces serving on active duty and deployed to a location away from the person's home station and out of the person's county of residence.
SECTION 6.10. Section 62.107(c), Government Code, is amended to read as follows:
(c) A person who files a statement with a clerk of the court, as provided by Subsection (a), claiming an exemption because the person is [over] 75 years of age or older, may also claim the permanent exemption on that ground authorized by Section 62.108 by including in the statement filed with the clerk a declaration that the person desires the permanent exemption. The [Promptly after a statement claiming a permanent exemption on the basis of age is filed, the] clerk of the court with whom the declaration [it] is filed shall notify the secretary of state [have a copy delivered to the voter registrar of the county].
SECTION 6.11. Section 62.108, Government Code, is amended by amending Subsections (a), (b), (c), and (e) and adding Subsection (c-1) to read as follows:
(a) A person who is entitled to exemption from jury service because the person is [over] 75 years of age or older may establish a permanent exemption on that ground as provided by this section or Section 62.107.
(b) A person may claim a permanent exemption:
(1) by filing with the district clerk [voter registrar] of the county, by mail or personal delivery, a signed statement affirming that the person is [over] 75 years of age or older and desires a permanent exemption on that ground; or
(2) in the manner provided by Section 62.107(c).
(c) The district clerk [voter registrar] of the county shall maintain a current register indicating the name of each person who has claimed and is entitled to a permanent exemption from jury service because the person is [over] 75 years of age or older.
(c-1) On the third business day of each month, the district clerk shall prepare a list of persons who in the preceding month claimed and were entitled to a permanent exemption under this section or who rescinded an exemption under Subsection (e) and send a copy of the list to the secretary of state.
(e) A person who has claimed a permanent exemption from jury service because the person is [over] 75 years of age or older may rescind the exemption at any time by filing a signed request for the rescission with the voter registrar of the county. Rescission of a permanent exemption does not affect the right of a person who is [over] 75 years of age or older to claim permanent exemption at a later time.
SECTION 6.12. Section 62.109, Government Code, is amended by amending Subsections (a), (b), (d), and (e) and adding Subsection (b-1) to read as follows:
(a) The judge of a district court or the district clerk [by order] may permanently or for a specified period exempt from service as a juror in all the county and district courts in the county a person with a physical or mental impairment or with an inability to comprehend or communicate in the English language that makes it impossible or very difficult for the person to serve on a jury.
(b) A person requesting an exemption under this section must submit to the court or the district clerk an affidavit stating the person's name and address and the reason for and the duration of the requested exemption. A person requesting an exemption due to a physical or mental impairment must attach to the affidavit a statement from a physician. The affidavit and physician's statement may be submitted to the court at the time the person is summoned for jury service or at any other time.
(b-1) The district clerk shall maintain a current list indicating the name of each person permanently or temporarily exempt under this section and the period of the exemption.
(d) A person included on the list maintained under Subsection (b-1) [listed on the register] may not be summoned for jury service during the period for which the person is exempt. The name of a person included on the list maintained under Subsection (b-1) [listed on the register] may not be placed in the jury wheel or otherwise used in preparing the record of names from which a jury list is selected during the period for which the person is exempt.
(e) A person exempt from jury service under this section may rescind the exemption at any time by filing a signed request for the rescission with the district clerk [voter registrar] of the county.
SECTION 6.13. Sections 62.113(a) and (b), Government Code, are amended to read as follows:
(a) The clerk of the court shall maintain a list of the name and address of each person who is [excused or] disqualified under this subchapter from jury service because the person is not a citizen of the United States.
(b) On the third business day of each month, the clerk shall send a copy of the list of persons [excused or] disqualified because of citizenship in the previous month to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the county or district attorney for an investigation of whether the person committed an offense under Section 13.007, Election Code, or other law.
SECTION 6.14. Sections 62.114(a) and (b), Government Code, are amended to read as follows:
(a) The clerk of the court shall maintain a list containing the name and address of each person who is [excused or] disqualified under this subchapter from jury service because the person is not a resident of the county.
(b) On the third business day of each month, the clerk shall send a copy of the list of persons [excused or] disqualified in the previous month because the persons do not reside in the county to:
(1) the voter registrar of the county; and
(2) the secretary of state.
SECTION 6.15. Section 62.115, Government Code, is amended by amending Subsections (c) and (d) and adding Subsection (d-1) to read as follows:
(c) The district clerk shall [may] remove from the jury wheel the jury wheel card for the person whose name appears on the list.
(d) On the third business day of each month, the clerk shall send [to the secretary of state] a copy of the list of persons disqualified because of a conviction of misdemeanor theft or a felony to:
(1) the secretary of state; and
(2) the prosecuting attorney for a court to which a person was summoned for investigation into whether the person falsely made a claim related to a disqualification under Section 62.102(7) or (8) [in the preceding month].
(d-1) On the third business day of each month, the clerk of the court shall prepare a list of the name and address of each person on the list maintained under this section disqualified from jury service because the person was convicted of a felony and send a copy of the list to the voter registrar for the county.
SECTION 6.16. The changes in law made by this article apply only to a person who is summoned to appear for service on a grand jury or petit jury on or after September 1, 2025. A person who is summoned to appear for service on a grand jury or petit jury before that date is governed by the law in effect on the date the person was summoned, and the former law is continued in effect for that purpose.
ARTICLE 7. COURT ADMINISTRATION
SECTION 7.01. Section 22.110, Government Code, is amended by adding Subsection (b-1) to read as follows:
(b-1) The rules adopted under Subsection (b) must exempt from the training requirements of this section each judge or judicial officer, including an associate judge, who files an affidavit stating the judge or judicial officer does not hear cases involving family violence, sexual assault, trafficking of persons, or child abuse and neglect.
SECTION 7.02. Section 22.216(n-2), Government Code, is amended to read as follows:
(n-2) Notwithstanding Subsection (n-1), the Court of Appeals for the Fifteenth Court of Appeals District consists of a chief justice and of two justices holding places numbered consecutively beginning with Place 2 for the first three years following the court's creation. Place 4 shall be created and the initial vacancy in that place shall be filled for the fourth year following the court's creation. Place 5 shall be created and the initial vacancy in that place shall be filled for the fifth year following the court's creation. This subsection expires September 1, 2029 [2027].
SECTION 7.03. Section 22.220, Government Code, is amended by adding Subsection (e) to read as follows:
(e) A party may not file a notice of appeal in a civil case requesting assignment of the appeal to the Court of Appeals for the Fifteenth Court of Appeals District unless the notice includes a matter arising out of or related to the case that is within the court's exclusive intermediate appellate jurisdiction.
SECTION 7.04. Section 51.303, Government Code, is amended by amending Subsections (b) and (f) and adding Subsection (d) to read as follows:
(b) The clerk of a district court shall:
(1) record the acts and proceedings of the court;
(2) enter all judgments of the court under the direction of the judge; [and]
(3) record all executions issued and the returns on the executions; and
(4) accept an application for a protective order filed under Chapter 82, Family Code.
(d) Paper records must include a reference opposite each name to the minutes on which is entered the judgment in the case.
(f) A case with an electronic record must be searchable by each party's full name, the case number, and the date on which the record was made [In addition to the other powers and duties of this section, a district clerk shall accept applications for protective orders under Chapter 71, Family Code].
SECTION 7.05. Section 51.903(d), Government Code, is amended to read as follows:
(d) The district clerk may not collect a filing fee under Section 12.005, Civil Practice and Remedies Code, for a filing [a motion] under this section.
SECTION 7.06. Section 53.001(a), Government Code, is amended to read as follows:
(a) The judges of the 30th, 70th, 71st, 78th, 89th, and 161st [, and 341st] district courts, the judges of the district courts having jurisdiction in Taylor County, the judges of the county courts at law of Taylor County, and the judge of the County Court of Harrison County shall each appoint a bailiff.
SECTION 7.07. Section 57.002(d), Government Code, is amended to read as follows:
(d) Subject to Subsection (e), in a county with a population of 50,000 or more, a court may appoint a spoken language interpreter who is not a certified or licensed court interpreter:
(1) if:
(A) [(1)] the language necessary in the proceeding is a language other than Spanish; and
(B) [(2)] the court makes a finding that there is no licensed court interpreter within 75 miles who can interpret in the language that is necessary in a proceeding; or
(2) if the court is a justice court, municipal court, or municipal court of record.
SECTION 7.08. Subchapter C, Chapter 71, Government Code, is amended by adding Section 71.0354 to read as follows:
Sec. 71.0354. PROSECUTING ATTORNEY INFORMATION. (a) In this section, "prosecuting attorney" means a county attorney, district attorney, or criminal district attorney representing this state in criminal matters before the district or other courts of the county.
(b) Each prosecuting attorney shall report in the form and manner prescribed by the council information on:
(1) the categories of criminal offenses prosecuted by the prosecuting attorney and the number of criminal cases in each category;
(2) the number of personnel employed by the prosecuting attorney and whether that number is sufficient to support the prosecutor's caseload;
(3) the number of times a defendant was released as provided by Article 17.151, Code of Criminal Procedure; and
(4) the number of electronic notices submitted by the prosecuting attorney to a court as required by Article 17.027(a)(2), Code of Criminal Procedure.
(c) In prescribing the information to be submitted and form and manner of submission of the information under Subsection (b), the council shall consult with:
(1) the Texas District and County Attorneys Association; and
(2) other interested persons.
SECTION 7.09. Section 72.015(c), Government Code, is amended to read as follows:
(c) The judicial security division shall:
(1) serve as a central resource for information on local and national best practices for court security and the safety of court personnel;
(2) provide an expert opinion on the technical aspects of court security; [and]
(3) keep abreast of and provide training on recent court security improvements; and
(4) develop a model court emergency management plan as a resource for court security committees.
SECTION 7.10. Section 72.016, Government Code, is amended to read as follows:
Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY. The director shall develop a procedure to regularly notify county registrars, the Department of Public Safety, the Texas Ethics Commission, and any other state or local government agency the office determines should be notified of the judges, judges' spouses, employees of the Office of Court Administration of the Texas Judicial System and entities administratively attached to the office, and related family members whose personal information must be kept from public records, as provided under Sections 552.117 and 572.035 of this code, Sections 13.0021 and 15.0215, Election Code, Section 25.025, Tax Code, and Section 521.121, Transportation Code.
SECTION 7.11. Section 72.083, Government Code, is amended by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsection (b), if the director determines a performance measure listed in Subsection (b) does not accurately reflect a court's performance in probate and mental health matters, the director may develop an alternative performance measure to assess the efficient and timely adjudication of those matters and include the alternative performance measure in the annual report required under Subsection (b).
SECTION 7.12. Section 74.051(c), Government Code, is amended to read as follows:
(c) A presiding judge [who is a retired or former district judge or a retired appellate judge and who presides over an administrative region with 30 or more district courts, statutory county courts, and retired and former judges named on the list maintained under Section 74.055 for the administrative region] is entitled to an annual salary for each fiscal year, based on the number of district courts, business courts, and statutory county courts in the administrative region, the number of associate judges appointed by the presiding judge under Chapter 201, Family Code, and the number of retired and former judges named on the list maintained under Section 74.055 for the administrative region, in an amount equal to:
Number of Courts and Judges
Salary
|
[30 to] 49 or fewer
50 [30] percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a)
|
50 to 69
55 [35] percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a)
|
70 to 89
60 [40] percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a)
|
90 or more
65 [45] percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a)
|
SECTION 7.13. Section 74.091, Government Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:
(b) In a county with two or more district courts the judges of those courts shall elect a district judge as local administrative district judge:
(1) for a term of [not more than] two years; or
(2) if the district judge's term ends before the second anniversary of the date the district judge is elected as local administrative judge, for the remainder of the district judge's term.
(b-1) The local administrative district judge may not be elected on the basis of rotation or seniority.
SECTION 7.14. Section 74.092, Government Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:
(a) A local administrative judge, for the courts for which the judge serves as local administrative judge, shall:
(1) implement and execute the local rules of administration, including the assignment, docketing, transfer, and hearing of cases;
(2) appoint any special or standing committees necessary or desirable for court management and administration;
(3) promulgate local rules of administration if the other judges do not act by a majority vote;
(4) recommend to the regional presiding judge any needs for assignment from outside the county to dispose of court caseloads;
(5) supervise the expeditious movement of court caseloads, subject to local, regional, and state rules of administration;
(6) provide the supreme court and the office of court administration requested statistical and management information;
(7) set the hours and places for holding court in the county;
(8) supervise the employment and performance of nonjudicial personnel;
(9) supervise the budget and fiscal matters of the local courts, subject to local rules of administration;
(10) coordinate and cooperate with any other local administrative judge in the district in the assignment of cases in the courts' concurrent jurisdiction for the efficient operation of the court system and the effective administration of justice;
(11) if requested by the courts the judge serves, establish and maintain the lists required by Section 37.003 and ensure appointments are made from the lists in accordance with Section 37.004;
(12) perform other duties as may be directed by the chief justice or a regional presiding judge; and
(13) establish a court security committee to adopt security policies and procedures for the trial courts served by the local administrative district judge, including by adopting a court emergency management plan, that is composed of:
(A) the local administrative district judge, or the judge's designee, who serves as presiding officer of the committee;
(B) a representative of the sheriff's office;
(C) a representative of a constable's office;
(D) a representative of the county commissioners court;
(E) [(D)] one judge of each type of court in the county, including a justice of the peace and excluding the judge of [other than] a municipal court or a municipal court of record;
(F) [(E)] a representative of any county attorney's office, district attorney's office, or criminal district attorney's office that serves in the applicable courts; and
(G) [(F)] any other person the committee determines necessary to assist the committee.
(c) Notwithstanding Section 551.001 or 552.003, a court security committee established under this section is not a governmental body for the purposes of Chapter 551 or 552.
SECTION 7.15. Section 74.092(b), Government Code, is redesignated as Section 74.0922, Government Code, and amended to read as follows:
Sec. 74.0922. DUTIES OF COURT SECURITY COMMITTEE. [(b)] A court security committee established under Section 74.092(a)(13) shall meet at least once annually and shall develop and submit recommendations [may recommend] to the county commissioners court on the uses of resources and expenditures of money for courthouse security, but may not direct the assignment of those resources or the expenditure of those funds.
SECTION 7.16. Chapter 74, Government Code, is amended by adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. COURT LEADERSHIP CONFERENCE
Sec. 74.0981. COURT LEADERSHIP CONFERENCE. The Office of Court Administration of the Texas Judicial System shall hold an annual leadership conference to provide information to presiding judges of administrative regions, local administrative judges, and court administrators related to:
(1) court budgets and operational funding;
(2) court activity statistics and case-level information on the amount and character of the business transacted by the state trial courts;
(3) the duties of a local administrative judge; and
(4) other matters related to court administration.
Sec. 74.0982. REIMBURSEMENT. The Office of Court Administration of the Texas Judicial System may reimburse a presiding judge of an administrative region, a local administrative judge, or a court administrator for the expense of attending the leadership conference described by Section 74.0981 to the extent money is appropriated to the office for that purpose.
SECTION 7.17. Section 121.002(c), Government Code, is amended to read as follows:
(c) Notwithstanding any other law, a specialty court program may not operate until the judge, magistrate, or coordinator:
(1) provides to the Office of Court Administration of the Texas Judicial System:
(A) written notice of the program;
(B) any resolution or other official declaration under which the program was established; and
(C) a copy of the program policy manual, participant handbook, or other adopted documentation describing the operational plan of [applicable strategic plan that incorporates duties related to supervision that will be required under] the program; and
(2) receives from the office written verification of the program's compliance with Subdivision (1).
SECTION 7.18. Section 659.012, Government Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:
(d) Notwithstanding any other provision in this section or other law, [in a county with more than five district courts,] a district judge who serves as a local administrative district judge under Section 74.091 is entitled to an annual base salary from the state in the amount provided under Subsection (a) or (b) and an additional annual [in the] amount from the state equal to:
(1) in a county with three or four district courts, three percent of the annual base [$5,000 more than the maximum] salary for a judge of a district court [from the state to which the judge is otherwise entitled] under Subsection (a);
(2) in a county with more than four but fewer than 10 district courts, five percent of the annual base salary for a judge of a district court under Subsection (a); or
(3) in a county with 10 or more district courts, seven percent of the annual base salary for a judge of a district court under Subsection (a) [or (b)].
(d-1) Notwithstanding any other provision in this section or other law, a judge of a division of the business court who serves as administrative presiding judge under Section 25A.009 is entitled to an annual base salary from the state in the amount provided under Subsection (a) or (b) and an additional annual amount equal to the amount provided under Subsection (d)(3).
SECTION 7.19. Section 574.001(b), Health and Safety Code, is amended to read as follows:
(b) Except as provided by Subsection (f), the application must be filed with the county clerk in the county in which the proposed patient:
(1) resides;
(2) is located at the time the application is filed [is found]; [or]
(3) was apprehended under Chapter 573; or
(4) is receiving mental health services by court order or under Subchapter A, Chapter 573.
SECTION 7.20. Section 135.101(a), Local Government Code, is amended to read as follows:
(a) A person shall pay in a district court, statutory county court, or county court in addition to all other fees and court costs a local consolidated filing fee of:
(1) $213 on filing any civil case except a probate, guardianship, or mental health case; and
(2) $35 on any action other than an original action for a case subject to Subdivision (1), including [an appeal and] any counterclaim, cross-action, intervention, contempt action, interpleader, motion for new trial, motion to reinstate, or third-party action.
SECTION 7.21. Section 615.003(a), Local Government Code, is amended to read as follows:
(a) A county [with a population of 150,000 or more] may construct, enlarge, equip, and operate a parking lot or parking garage adjacent to or near the county courthouse.
SECTION 7.22. Sections 53.001(i), 53.009(d), and 74.051(b), Government Code, are repealed.
SECTION 7.23. As soon as practicable after September 1, 2025, the Texas Court of Criminal Appeals shall adopt the rules necessary to implement Section 22.110(b-1), Government Code, as added by this article.
SECTION 7.24. Section 22.220(e), Government Code, as added by this article, applies only to a notice of appeal filed on or after September 1, 2025. A notice of appeal filed before that date is governed by the law in effect on the date the notice was filed, and the former law is continued in effect for that purpose.
SECTION 7.25. Section 53.001(a), Government Code, as amended by this article, does not apply to a bailiff appointed by the judge of the 341st or 406th district court before September 1, 2025. A bailiff appointed by the judge of the 341st or 406th district court shall continue to serve and receive compensation from Webb County in the same manner as before that date and shall be eligible to receive any longevity or cost of living salary increases available to a bailiff serving in Webb County before that date. The former law is continued in effect for the purposes of this section.
SECTION 7.26. Not later than September 1, 2026, the Texas Judicial Council shall prescribe the information, and form and manner of submission, a prosecuting attorney in this state is required to report under Section 71.0354, Government Code, as added by this article.
SECTION 7.27. Section 74.091, Government Code, as amended by this article, applies only to a local administrative judge elected on or after September 1, 2025.
SECTION 7.28. The change in law made by this article to Section 574.001, Health and Safety Code, applies only to an application for court-ordered mental health services submitted on or after September 1, 2025.
ARTICLE 8. COPIES CERTIFIED BY CLERKS
SECTION 8.01. Subchapter D, Chapter 51, Government Code, is amended by adding Section 51.3033 to read as follows:
Sec. 51.3033. CERTIFIED COPIES. A certified copy made of an original document on file in a district clerk's office must include:
(1) on each page of the copy:
(A) the clerk's signature or initials;
(B) the district court seal; or
(C) a unique document certification and paginated page number; and
(2) on the final page of the copy:
(A) the clerk's attestation certifying that the copy is a true and correct copy of the original document filed in the clerk's office;
(B) the number of pages copied; and
(C) the date the copy was issued.
SECTION 8.02. Subchapter F, Chapter 51, Government Code, is amended by adding Section 51.503 to read as follows:
Sec. 51.503. CERTIFIED COPIES. A certified copy made of an original document on file in a joint clerk's office must include:
(1) on each page of the copy:
(A) the clerk's signature or initials;
(B) the applicable court's seal; or
(C) a unique document certification and paginated page number; and
(2) on the final page of the copy:
(A) the clerk's attestation certifying that the copy is a true and correct copy of the original document filed in the clerk's office;
(B) the number of pages copied; and
(C) the date the copy was issued.
SECTION 8.03. Chapter 191, Local Government Code, is amended by adding Section 191.0041 to read as follows:
Sec. 191.0041. CERTIFIED COPIES. A certified copy made of an original document on file in a county clerk's office must include:
(1) on each page of the copy:
(A) either:
(i) the clerk's signature or initials; or
(ii) a unique document certification and paginated page number; and
(B) either:
(i) the commissioners court seal on a copy of a document that is not a court document; or
(ii) the court seal on a copy of a court document; and
(2) on the final page of the copy:
(A) the clerk's attestation certifying that the copy is a true and correct copy of the original document filed in the clerk's office;
(B) the number of pages copied; and
(C) the date the copy was issued.
ARTICLE 9. YOUTH DIVERSION
SECTION 9.01. Article 45A.253(b), Code of Criminal Procedure, is amended to read as follows:
(b) A judge shall [may] allow a defendant who is a child, as defined by Article 45A.453(a), to elect at the time of conviction, as defined by Section 133.101, Local Government Code, to discharge the fine and costs by:
(1) performing community service or receiving tutoring under Article 45A.460, regardless of whether the applicable offense occurred at a location specified by Subsection (a) of that article; or
(2) paying the fine and costs in a manner described by Article 45A.251(b).
SECTION 9.02. (a) Chapter 45A, Code of Criminal Procedure, is amended to conform to Section 2, Chapter 525 (H.B. 3186), Acts of the 88th Legislature, Regular Session, 2023, and Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, and is further amended by adding Subchapter K to read as follows:
SUBCHAPTER K. YOUTH DIVERSION
Art. 45A.501. DEFINITIONS. In this subchapter:
(1) "Charge" means a formal or informal allegation of an offense, including a citation, written promise to appear, complaint, or pending complaint.
(2) "Child" has the meaning assigned by Article 45A.453(a).
(3) "Court" means a justice court, municipal court, or other court subject to this chapter.
(4) "Diversion" means an intervention strategy that redirects a child from formal criminal prosecution and holds the child accountable for the child's actions. The term includes diversion under Article 45A.509 or 45A.510.
(5) "Offense" means a misdemeanor punishable by fine only, other than a traffic offense.
(6) "Parent" has the meaning assigned by Article 45A.457(a).
(7) "Service provider" means a governmental agency, political subdivision, open-enrollment charter school, nonprofit organization, or other entity that provides services to children or families.
(8) "Traffic offense" has the meaning assigned by Section 51.02, Family Code.
(9) "Youth diversion plan" means a plan adopted under Article 45A.506.
Art. 45A.502. APPLICABILITY. This subchapter applies only to a child who is alleged to have engaged in conduct that constitutes a misdemeanor punishable by fine only, other than a traffic offense.
Art. 45A.503. TRANSFER TO JUVENILE COURT NOT AFFECTED. Nothing in this subchapter precludes:
(1) a case involving a child from being referred, adjudicated, or disposed of as conduct indicating a need for supervision under Title 3, Family Code; or
(2) a waiver of criminal jurisdiction and transfer of a child's case as provided by Section 51.08, Family Code.
Art. 45A.504. DIVERSION ELIGIBILITY. (a) Except as otherwise provided by this subchapter, a child shall be diverted from formal criminal prosecution as provided by this subchapter.
(b) A child is eligible to enter into a diversion agreement under this subchapter only once every 12 months.
(b-1) A child is eligible to enter into a diversion agreement under this subchapter for more than one offense if the offenses are alleged to have occurred as part of the same criminal episode, as defined by Section 3.01, Penal Code.
(c) A child is not eligible for diversion if the child has previously had an unsuccessful diversion under this subchapter.
(d) A child is not eligible for diversion if a diversion is objected to by the attorney representing the state.
(e) A court may not divert a child from criminal prosecution as provided by this subchapter without the written consent of the child and the child's parent.
Art. 45A.505. DIVERSION STRATEGIES. (a) Diversion strategies include:
(1) requiring a child to participate in a program, including:
(A) a court-approved teen court program operated by a service provider;
(B) a school-related program;
(C) an educational program, including an alcohol awareness program, a tobacco awareness program, or a drug education program;
(D) a rehabilitation program; or
(E) a self-improvement program, including a program relating to self-esteem, leadership, self-responsibility, empathy, parenting, parental responsibility, manners, violence avoidance, anger management, life skills, wellness, or dispute resolution;
(2) referring a child to a service provider for services, including:
(A) at-risk youth services under Subchapter D, Chapter 137, Human Resources Code;
(B) juvenile case manager services under Article 45A.451;
(C) work and job skills training, including job interviewing and work preparation;
(D) academic monitoring or tutoring, including preparation for a high school equivalency examination administered under Section 7.111, Education Code;
(E) community-based services;
(F) mental health screening and clinical assessment;
(G) counseling, including private or in-school counseling; or
(H) mentoring services;
(3) requiring a child to:
(A) participate in mediation or other dispute resolution processes;
(B) submit to alcohol or drug testing; or
(C) substantially comply with a course of treatment prescribed by a physician or other licensed medical or mental health professional; and
(4) requiring a child, by court order, to:
(A) pay restitution not to exceed $100 for an offense against property under Title 7, Penal Code;
(B) perform not more than 20 hours of community service; or
(C) perform any other reasonable action determined by the court.
(b) A diversion strategy may be imposed under:
(1) an intermediate diversion under Article 45A.509;
(2) a diversion by a justice or judge under Article 45A.510; or
(3) a system of graduated sanctions for certain school offenses under Section 37.144, Education Code.
(c) A diversion strategy under this subchapter may not require a child who is a home-schooled student, as defined by Section 29.916, Education Code, to:
(1) attend an elementary or secondary school; or
(2) use an educational curriculum other than the curriculum selected by the parent.
Art. 45A.506. YOUTH DIVERSION PLAN. (a) A youth diversion plan is a written plan that describes the types of strategies that will be used to implement youth diversion. A youth diversion plan does not limit the types of diversion strategies that may be imposed under a diversion agreement under Article 45A.508.
(b) Each justice and municipal court shall adopt a youth diversion plan.
(c) A youth diversion plan may be devised for a county or municipality or an individual court within a county or municipality.
(d) In accordance with Chapter 791, Government Code, a local government may enter into an agreement with one or more local governments to create a regional youth diversion plan and collaborate in the implementation of this subchapter.
(e) A youth diversion plan may include an agreement with a service provider to provide services for a diversion strategy.
(f) A youth diversion plan may contain guidelines for disposition or diversion of a child's case by law enforcement. The guidelines are not mandatory.
(g) A current youth diversion plan must be maintained on file for public inspection in each justice and municipal court, including courts that collaborate with one or more counties or municipalities.
(h) A court or local government may adopt rules necessary to coordinate services under a youth diversion plan or to implement this subchapter.
Art. 45A.507. YOUTH DIVERSION COORDINATOR. (a) A court may designate a youth diversion coordinator to assist the court in:
(1) determining whether a child is eligible for diversion;
(2) employing a diversion strategy authorized by this subchapter;
(3) presenting and maintaining diversion agreements;
(4) monitoring diversions;
(5) maintaining records regarding whether one or more diversions were successful or unsuccessful; and
(6) coordinating referrals to court.
(b) The responsibilities of the youth diversion coordinator may be performed by:
(1) a court administrator or court clerk, or a person who regularly performs the duties of court administrator or court clerk;
(2) an individual or entity that provides juvenile case manager services under Article 45A.451;
(3) a court-related services office;
(4) a community supervision and corrections department, including a juvenile probation department;
(5) a county or municipal employee, including a peace officer;
(6) a community volunteer;
(7) an institution of higher education, including a public, private, or independent institution of higher education; or
(8) a qualified nonprofit organization as determined by the court.
Art. 45A.508. DIVERSION AGREEMENT. (a) A diversion agreement must identify the parties to the agreement and the responsibilities of the child and the child's parent to ensure their meaningful participation in a diversion under Article 45A.509 or 45A.510.
(b) Stated objectives in a diversion agreement must be measurable, realistic, and reasonable and consider the circumstances of the child, the best interests of the child, and the long-term safety of the community.
(c) A diversion agreement must include:
(1) the terms of the agreement, including one or more diversions required to be completed by the child, written in a clear and concise manner and identifying any offense or charge being diverted;
(2) possible outcomes or consequences of a successful diversion and an unsuccessful diversion;
(3) an explanation that participation in a diversion is not an admission of guilt and a guilty plea is not required to participate in a diversion;
(4) an explanation of the process that will be used for reviewing and monitoring compliance with the terms of the agreement;
(5) the period of the diversion;
(6) a verification that:
(A) the child and the child's parent were notified of the child's rights, including the right to refuse diversion; and
(B) the child knowingly and voluntarily consents to participate in the diversion; and
(7) written acknowledgment and acceptance of the agreement by the child and the child's parent.
(d) The terms of an agreement may vary depending on the circumstances of the child, including the child's age and ability, the charge being diverted, or the diversion strategy used.
(e) A charge may not be filed against a child or, if filed, shall be dismissed by the court if the child:
(1) does not contest the charge;
(2) is eligible for diversion under Article 45A.504; and
(3) accepts the terms of the agreement.
(f) Entering into a diversion agreement under this article extends the court's jurisdiction for the term of the agreement.
(g) On entering into a diversion agreement, a copy of the agreement shall be provided to the child and the child's parent, the clerk of the court, a youth diversion coordinator, and any person specified by the youth diversion plan.
Art. 45A.509. INTERMEDIATE DIVERSION. (a) If provided by a youth diversion plan, a youth diversion coordinator or juvenile case manager shall advise the child and the child's parent before a case is filed that the case may be diverted under this article for a reasonable period not to exceed 180 days if:
(1) the child is eligible for diversion under Article 45A.504;
(2) diversion is in the best interests of the child and promotes the long-term safety of the community;
(3) the child and the child's parent consent to diversion with the knowledge that diversion is optional; and
(4) the child and the child's parent are informed that they may terminate the diversion at any time and, if terminated, the case will be referred to court.
(b) The terms of a diversion agreement under this article must be in writing and may include any of the diversion strategies under Article 45A.505.
(c) The case of a child who successfully complies with the terms of a diversion agreement under this article shall be closed and reported as successful to the court.
(d) A child who does not comply with the terms of a diversion agreement under this article shall be referred to court under Article 45A.511.
Art. 45A.510. DIVERSION BY JUSTICE OR JUDGE. (a) If a charge involving a child who is eligible for diversion is filed with a court, and the child does not contest the charge, a justice or judge shall divert the case under this article without the child having to enter a plea.
(b) A diversion under this article may not exceed 180 days.
(c) The terms of a diversion agreement under this article must be in writing and may include any of the diversion strategies described by Article 45A.505.
(d) The case of a child who successfully complies with the terms of a diversion agreement under this article shall be closed and reported as successful to the court.
(e) A child who does not comply with the terms of a diversion agreement under this article shall be referred to court for a hearing under Article 45A.511.
Art. 45A.511. REFERRAL TO COURT. (a) A court shall conduct a non-adversarial hearing for a child who does not successfully complete the terms of a diversion under Article 45A.509 or 45A.510 and is referred to the court.
(b) The hearing is an opportunity for a justice or judge to confer with the child and the child's parent to determine whether a diversion should be declared unsuccessful by the court. The court may also hear from any person who may be of assistance to the child or the court in determining what is in the best interests of the child and the long-term safety of the community.
(c) After the hearing, a court may enter an order:
(1) amending or setting aside terms in the diversion agreement;
(2) extending the diversion for a period not to exceed one year from the initial start date of the diversion;
(3) issuing a continuance for the hearing for a period not to exceed 60 days to allow an opportunity for compliance with the terms of the diversion;
(4) subject to Subsection (d), requiring the child's parent to perform any act or refrain from performing any act as the court determines will increase the likelihood the child will successfully complete the diversion and comply with any other order of the court that is reasonable and necessary for the welfare of the child;
(5) finding the diversion successful on the basis of substantial compliance; or
(6) finding the diversion unsuccessful and:
(A) transferring the child to juvenile court for alleged conduct indicating a need for supervision under Section 51.08, Family Code; or
(B) referring the charge to the prosecutor for consideration of re-filing.
(d) An order under Subsection (c)(4) may not have the substantive effect of interfering with a parent's fundamental right to determine how to raise the parent's child, unless the court finds that the interference is necessary to prevent significant impairment of the child's physical, mental, or emotional health.
(e) An order under Subsection (c)(4) is enforceable against the parent by contempt.
(f) The statute of limitations in Article 12.02 is tolled during the diversion period for purposes of Subsection (c)(6)(B).
Art. 45A.512. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE. (a) The clerk of a justice or municipal court may collect from a child's parent an administrative fee not to exceed $50 to defray the costs of the diversion of the child's case under this subchapter.
(b) The fee under this article may not be collected unless specified as a term of the diversion agreement accepted by the child's parent. If the fee is not paid after giving the child's parent an opportunity to be heard, the court shall order the parent, if financially able, to pay the fee to the clerk of the court.
(c) A court shall waive the fee if the child's parent is indigent or does not have sufficient resources or income to pay the fee.
(d) A court may adopt rules for the waiver of a fee for financial hardship under this article.
(e) An order under Subsection (b) is enforceable against the parent by contempt.
(f) The clerk of the court shall keep a record of the fees collected under this article and shall forward the funds to the county treasurer, municipal treasurer, or person fulfilling the role of a county treasurer or municipal treasurer, as appropriate.
(g) The fee collected under this article shall be deposited in a special account that can be used only to offset the cost of the operations of youth diversion programs under this subchapter.
(h) Except for the fee authorized under Subsection (a), a fee may not be assessed for a child diverted under this subchapter.
(i) The diversion of a child may not be contingent on payment of a fee under this article.
Art. 45A.513. DIVERSION RECORDS. (a) A justice or municipal court shall maintain statistics for each diversion strategy authorized by this subchapter.
(b) Other than statistical records, all records generated under this subchapter are confidential under Article 45A.462.
(c) All records of a diversion pertaining to a child under this subchapter shall be expunged without the requirement of a motion or request, on the child's 18th birthday.
(b) Section 2, Chapter 525 (H.B. 3186), Acts of the 88th Legislature, Regular Session, 2023, which added Subchapter E, Chapter 45, Code of Criminal Procedure, is repealed.
(c) Section 4, Chapter 525 (H.B. 3186), Acts of the 88th Legislature, Regular Session, 2023, which amended Article 45.041, Code of Criminal Procedure, is repealed.
SECTION 9.03. Section 53.01(b-1), Family Code, is amended to read as follows:
(b-1) The person who is conducting the preliminary investigation shall, as appropriate, refer the child's case to a community resource coordination group, a local-level interagency staffing group, or other community juvenile service provider for services under Section 53.011, if the person determines that:
(1) [the child is younger than 12 years of age;
[(2)] there is probable cause to believe the child engaged in delinquent conduct or conduct indicating a need for supervision;
(2) [(3)] the child's case does not require referral to the prosecuting attorney under Subsection (d) or (f);
(3) [(4)] the child is eligible for deferred prosecution under Section 53.03; and
(4) [(5)] the child:
(A) is younger than 12 years of age, and the child and the child's family are not currently receiving services under Section 53.011 and would benefit from receiving the services; or
(B) resides in a general residential operation, as that term is defined by Section 42.002, Human Resources Code.
SECTION 9.04. Section 42.0426(b), Human Resources Code, is amended to read as follows:
(b) A residential child-care facility shall implement a behavior intervention program approved by the department for the benefit of a child served by the facility who needs assistance in managing the child's conduct. The program must include:
(1) behavior intervention instruction for staff members who work directly with children served by the facility, including crisis response training for emergency behavior intervention with a goal of limiting law enforcement involvement; and
(2) training for all employees regarding the risks associated with the use of prone restraints.
SECTION 9.05. Section 152.00145, Human Resources Code, is amended to read as follows:
Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN JUVENILES. (a) In this section, "general residential operation" has the meaning assigned by Section 42.002.
(b) A juvenile board shall establish policies that prioritize:
(1) the diversion from referral to a prosecuting attorney under Chapter 53, Family Code, of children who are:
(A) younger than 12 years of age [from referral to a prosecuting attorney under Chapter 53, Family Code]; or
(B) residing in a general residential operation, particularly children alleged to have engaged in conduct constituting a misdemeanor involving violence to a person; and
(2) the limitation of detention, to circumstances of last resort, of children who are:
(A) younger than 12 years of age; or
(B) residing in a general residential operation [to circumstances of last resort].
(c) To monitor the success of policies implemented under Subsection (b) for children who reside in general residential operations, a juvenile board shall track:
(1) the number of children referred to the board who reside in a general residential operation;
(2) the number of children described by Subdivision (1) who receive deferred prosecution or are referred to the juvenile probation department; and
(3) the general residential operation where a child described by Subdivision (1) resides.
SECTION 9.06. Section 53.01(b-1), Family Code, as amended by this article, applies only to conduct that occurs on or after September 1, 2025. Conduct that occurs before September 1, 2025, is governed by the law in effect on the date the conduct occurred, and the former law is continued in effect for that purpose. For the purposes of this section, conduct occurred before September 1, 2025, if any element of the conduct occurred before that date.
ARTICLE 10. JUVENILE BOARDS
SECTION 10.01. Section 152.0191(a), Human Resources Code, is amended to read as follows:
(a) The juvenile board of Bee County is composed of the county judge, [and] the district judges in Bee County, and the judge of the 2nd Multicounty Court at Law.
SECTION 10.02. Section 152.0521(a), Human Resources Code, is amended to read as follows:
(a) The Comal County Juvenile Board is composed of:
(1) the county judge;
(2) the local administrative statutory county court judge [of each county court at law in the county];
(3) an elected judicial officer of Comal County appointed by the local administrative statutory county court judge;
(4) the local administrative district judge [of the 22nd District Court];
(5) two elected judicial officers of Comal County appointed by the local administrative district judge [(4)
the judge of the 207th District Court]; and
[(5)
the judge of the 433rd District Court;]
(6) [the judge of the 274th District Court; and
[(7)] the criminal district attorney of Comal County.
SECTION 10.03. Section 152.1551(a), Human Resources Code, is amended to read as follows:
(a) The juvenile board of Live Oak County is composed of the county judge, [and] the district judges in Live Oak County, and the judge of the 2nd Multicounty Court at Law.
SECTION 10.04. Section 152.1621(a), Human Resources Code, is amended to read as follows:
(a) The juvenile board of McMullen County is composed of the county judge, [and] the district judges in McMullen County, and the judge of the 2nd Multicounty Court at Law.
ARTICLE 11. CIVIL CRIMINAL COURT PROCEDURES AND SECURITY
SECTION 11.01. Section 16.073, Civil Practice and Remedies Code, is amended to read as follows:
Sec. 16.073. APPLICABILITY OF LIMITATIONS PERIODS TO ARBITRATION. A claim that is sought to be arbitrated is subject to the same limitations period that would apply to the claim if the claim had been brought in court. Commencing an action asserting a claim by filing suit in a court of competent jurisdiction will toll the applicable limitations period for arbitration of the same claim. [(a)
A party may not assert a claim in an arbitration proceeding if the party could not bring suit for the claim in court due to the expiration of the applicable limitations period.
[(b)
A party may assert a claim in an arbitration proceeding after expiration of the applicable limitations period if:
[(1)
the party brought suit for the claim in court before the expiration of the applicable limitations period; and
[(2)
the parties to the claim agreed to arbitrate the claim or a court ordered the parties to arbitrate the claim.]
SECTION 11.02. Sections 30.015(a) and (b), Civil Practice and Remedies Code, are amended to read as follows:
(a) In a civil action filed in a district court, county court, statutory county court, or statutory probate court, each party or the party's attorney must provide the clerk of the court with written notice of the party's name, the party's [and] current residence or business address, and for a party who is an individual:
(1) the last three digits of the party's social security number; or
(2) the last three digits of the party's Texas driver's license.
(b) Unless the party is the defendant in a tax suit, the [The] notice required by Subsection (a) may not be required from any party or party's attorney if the [such] party has not appeared or answered in the civil action.
SECTION 11.03. Articles 45A.302(b), (c), and (d), Code of Criminal Procedure, are amended to read as follows:
(b) In issuing the order of deferral, the judge may impose a special expense fee [fine] on the defendant in an amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense.
(c) The fee [fine] described by Subsection (b) may be collected at any time before the date on which the period of deferral ends. A judge who orders the collection of the fee [fine] must require that the amount of the fee [fine] be credited toward the payment of the amount of any fine imposed by the judge as punishment for the offense.
(d) The judge may elect not to impose the special expense fee [fine] for good cause shown by the defendant.
SECTION 11.04. Article 102.017, Code of Criminal Procedure, is amended by adding Subsection (e-1) to read as follows:
(e-1) In administering or directing funds under Subsection (e), a commissioners court shall prioritize the recommendations provided by a court security committee under Section 74.0922, Government Code, and the governing body of a municipality shall consider the recommendations provided by a court security committee under Sections 29.014(d) and 30.00007(c), Government Code.
ARTICLE 12. MUNICIPAL COURT PROVISIONS
SECTION 12.01. Section 29.014, Government Code, is amended by amending Subsections (c) and (d) and adding Subsection (e) to read as follows:
(c) The committee shall establish the policies and procedures necessary to provide adequate security to the municipal courts served by the presiding or municipal judge, as applicable, including by developing a court emergency management plan.
(d) A committee shall [may] recommend to the municipality the uses of resources and expenditures of money for courthouse security, but may not direct the assignment of those resources or the expenditure of those funds.
(e) Notwithstanding Section 551.001 or 552.003, a court security committee established under this section is not a governmental body for the purposes of Chapter 551 or 552.
SECTION 12.02. Section 30.00007, Government Code, is amended by amending Subsections (b) and (c) and adding Subsection (d) to read as follows:
(b) The presiding judge shall:
(1) maintain a central docket for cases filed within the territorial limits of the municipality over which the municipal courts of record have jurisdiction;
(2) provide for the distribution of cases from the central docket to the individual municipal judges to equalize the distribution of business in the courts;
(3) request the jurors needed for cases that are set for trial by jury;
(4) temporarily assign judges or substitute judges to exchange benches and to act for each other in a proceeding pending in a court if necessary for the expeditious disposition of business in the courts;
(5) supervise and control the operation and clerical functions of the administrative department of each court, including the court's personnel, during the proceedings of the court; and
(6) establish a court security committee to adopt security policies and procedures for the courts served by the presiding judge, including by developing a court emergency management plan, that is composed of:
(A) the presiding judge, or the presiding judge's designee, who serves as presiding officer of the committee;
(B) a representative of the law enforcement agency or other entity that provides the primary security for the court;
(C) a representative of the municipality; and
(D) any other person the committee determines necessary to assist the committee.
(c) A court security committee shall [may] recommend to the governing body the uses of resources and expenditures of money for courthouse security, but may not direct the assignment of those resources or the expenditure of those funds.
(d) Notwithstanding Section 551.001 or 552.003, a court security committee established under this section is not a governmental body for the purposes of Chapter 551 or 552.
SECTION 12.03. Section 30.01014(d), Government Code, is amended to read as follows:
(d) [In addition to satisfying the requirements of Section 30.00006(c), a municipal judge must maintain residence in the city during the tenure of office and must be a resident of the city at the time of appointment or election.] The judge shall devote as much time to the office as it requires.
SECTION 12.04. Chapter 30, Government Code, is amended by adding Subchapter AAA to read as follows:
SUBCHAPTER AAA. CANYON
Sec. 30.01911. APPLICABILITY. This subchapter applies to the city of Canyon.
Sec. 30.01912. JUDGE. A municipal judge for the city of Canyon is not required to be a resident of the city.
SECTION 12.05. As soon as practicable after September 1, 2025, a court security committee shall develop a court emergency management plan as required by Section 29.014 or 30.00007, Government Code, as amended by this article.
ARTICLE 13. MISCELLANEOUS COURT, RECORD, CANDIDACY, AND ELECTION PROVISIONS
SECTION 13.01. The heading to Section 13.0021, Election Code, is amended to read as follows:
Sec. 13.0021. ADDITIONAL REGISTRATION INFORMATION FROM CERTAIN FEDERAL AND STATE JUDGES, FEDERAL OFFICIALS, CLERKS, GOVERNMENTAL EMPLOYEES, AND FAMILY MEMBERS.
SECTION 13.02. Section 13.0021(b), Election Code, is amended to read as follows:
(b) The registrar of the county shall omit from the registration list the residence address for a [If the] registration applicant who is:
(1) a federal judge, including a federal bankruptcy judge;
(2) [,] a state judge;
(3) [,] a marshal of the United States Marshals Service;
(4) [,] a United States attorney;
(5) a current or former county clerk, district clerk, or county and district clerk, or a current or former employee of the office of a county clerk, district clerk, or county and district clerk;
(6) a current or former employee whose duties relate to court administration, including a court clerk, court coordinator, court administrator, law clerk, or staff attorney;
(7) a current or former employee of the Office of Court Administration of the Texas Judicial System and entities administratively attached to the office;[,] or
(8) a family member of a person listed in Subdivisions (1)-(7) [state judge, a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, or a United States attorney, the registrar of the county shall omit the applicant's residence address from the registration list].
SECTION 13.03. Section 141.001(a), Election Code, is amended to read as follows:
(a) To be eligible to be a candidate for, or elected or appointed to, a public elective office in this state, a person must:
(1) be a United States citizen;
(2) be 18 years of age or older on the first day of the term to be filled at the election or on the date of appointment, as applicable;
(3) have not been determined by a final judgment of a court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the right to vote;
(4) have not been finally convicted of a felony or a misdemeanor involving moral turpitude from which the person has not been pardoned or otherwise released from the resulting disabilities;
(4-a) have not:
(A) had the person's license to practice law in this state revoked, suspended, or subject to a probated suspension;
(B) been found to be a vexatious litigant under Chapter 11, Civil Practice and Remedies Code; or
(C) had a final judgment entered against the person finding the person liable for legal malpractice;
(5) have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding the following date:
(A) for a candidate whose name is to appear on a general primary election ballot, the date of the regular filing deadline for a candidate's application for a place on the ballot;
(B) for an independent candidate, the date of the regular filing deadline for a candidate's application for a place on the ballot;
(C) for a write-in candidate, the date of the election at which the candidate's name is written in;
(D) for a party nominee who is nominated by any method other than by primary election, the date the nomination is made; and
(E) for an appointee to an office, the date the appointment is made;
(6) on the date described by Subdivision (5), be registered to vote in the territory from which the office is elected; and
(7) satisfy any other eligibility requirements prescribed by law for the office.
SECTION 13.04. Subchapter A, Chapter 58, Family Code, is amended by adding Section 58.010 to read as follows:
Sec. 58.010. CONFIDENTIALITY OF WARRANTS OF ARREST. Notwithstanding Article 15.26, Code of Criminal Procedure, an arrest warrant issued for a child and a complaint or affidavit on which an arrest warrant issued for a child is based are confidential and may be disclosed only to the following:
(1) the judge, probation officer, and professional staff or consultants of the juvenile court;
(2) a juvenile justice agency, as defined by Section 58.101;
(3) an attorney representing the child's parent in a proceeding under this title;
(4) an attorney representing the child;
(5) a prosecuting attorney; or
(6) with permission from the juvenile court, another individual, agency, or institution with a legitimate interest in the information or court.
SECTION 13.05. Section 301.052(a), Family Code, is amended to read as follows:
(a) A party may request disclosure under Section 301.051 of any or all of the following:
(1) the correct names of the parties to the action;
(2) the name, address, and telephone number of any potential parties;
(3) the legal theories and, in general, the factual bases of the responding party's claims or defenses;
(4) the amount and any method of calculating economic damages;
(5) the name, address, and telephone number of any person having knowledge of relevant facts and a brief statement of each identified person's connection with the action;
(6) for any testifying expert:
(A) the expert's name, address, and telephone number;
(B) the subject matter on which the expert will testify;
(C) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for those impressions and opinions, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting that information; and
(D) if the expert is retained by, employed by, or otherwise subject to the control of the responding party:
(i) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and
(ii) the expert's current resume and biography;
(7) any discoverable settlement agreement described by Rule 192.3(g), Texas Rules of Civil Procedure;
(8) any discoverable witness statement [settlement] described by Rule 192.3(h), Texas Rules of Civil Procedure;
(9) in an action alleging physical or mental injury and damages from the occurrence that is the subject of the action:
(A) all medical records and bills that are reasonably related to the injuries or damages asserted; or
(B) an authorization permitting the disclosure of the information described by Paragraph (A);
(10) in an action alleging physical or mental injury and damages from the occurrence that is the subject of the action, all medical records and bills obtained by the responding party through an authorization provided by the requesting party; and
(11) the name, address, and telephone number of any person who may be designated as a responsible third party.
SECTION 13.06. Section 552.117, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (b-1) to read as follows:
(a) Information is excepted from the requirements of Section 552.021 if it is information that relates to the home address, home telephone number, emergency contact information, or social security number of the following person or that reveals whether the person has family members:
(1) a current or former official or employee of a governmental body, except as otherwise provided by Section 552.024;
(2) a current or honorably retired peace officer as defined by Article 2A.001, Code of Criminal Procedure, or a current or honorably retired security officer commissioned under Section 51.212, Education Code, regardless of whether the officer complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department, regardless of whether the current or former employee complies with Section 552.1175;
(4) a peace officer as defined by Article 2A.001, Code of Criminal Procedure, or other law, a reserve law enforcement officer, a commissioned deputy game warden, or a corrections officer in a municipal, county, or state penal institution in this state who was killed in the line of duty, regardless of whether the deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security officer as defined by Section 1702.002, Occupations Code, regardless of whether the officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision and corrections department established under Chapter 76 who performs a duty described by Section 76.004(b), regardless of whether the officer or employee complies with Section 552.024 or 552.1175;
(7) a current or former employee of the office of the attorney general who is or was assigned to a division of that office the duties of which involve law enforcement or are performed under Chapter 231, Family Code, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;
(8) a current or former employee of the Texas Juvenile Justice Department or of the predecessors in function of the department, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;
(9) a current or former juvenile probation or supervision officer certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code, regardless of whether the current or former officer complies with Section 552.024 or 552.1175;
(10) a current or former employee of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;
(11) a current or former member of the United States Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary service of one of those branches of the armed forces, or the Texas military forces, as that term is defined by Section 437.001;
(12) a current or former district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters, regardless of whether the current or former attorney complies with Section 552.024 or 552.1175;
(13) a current or former employee of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;
(14) a current or former employee of the Texas Civil Commitment Office or of the predecessor in function of the office or a division of the office, regardless of whether the current or former employee complies with Section 552.024 or 552.1175;
(15) a current or former federal judge or state judge, as those terms are defined by Section 1.005, Election Code, a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a family member of a current or former federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge;
(16) a current or former child protective services caseworker, adult protective services caseworker, or investigator for the Department of Family and Protective Services, regardless of whether the caseworker or investigator complies with Section 552.024 or 552.1175, or a current or former employee of a department contractor performing child protective services caseworker, adult protective services caseworker, or investigator functions for the contractor on behalf of the department;
(17) an elected public officer, regardless of whether the officer complies with Section 552.024 or 552.1175;
(18) a current or former United States attorney, assistant United States attorney, federal public defender, deputy federal public defender, or assistant federal public defender and the spouse or child of the current or former attorney or public defender, regardless of whether the person complies with Section 552.024 or 552.1175; [or]
(19) a firefighter or volunteer firefighter or emergency medical services personnel as defined by Section 773.003, Health and Safety Code, regardless of whether the firefighter or volunteer firefighter or emergency medical services personnel comply with Section 552.024 or 552.1175, as applicable;
(20) a current or former county clerk, district clerk, or county and district clerk, or a current or former employee of the office of a county clerk, district clerk, or county and district clerk, regardless of whether the current or former clerk or employee complies with Section 552.024 or 552.1175;
(21) a current or former employee whose duties relate to court administration, including a court clerk, court coordinator, court administrator, law clerk, or staff attorney, regardless of whether the employee complies with Section 552.024 or 552.1175; or
(22) a current or former employee of the Office of Court Administration of the Texas Judicial System and entities administratively attached to the office, regardless of whether the employee complies with Section 552.024 or 552.1175.
(b) Except as provided by Subsection (b-1), all [All] documents filed with a county clerk and all documents filed with a district clerk are exempt from this section.
(b-1) A county clerk or district clerk on request of a person to whom this section applies shall redact information described by Subsection (a) that relates to the person posted on an Internet website by:
(1) the clerk; or
(2) an entity with which the county contracts for the provision or maintenance of the Internet website.
SECTION 13.07. Section 552.1175, Government Code, is amended by amending Subsections (a) and (e) and adding Subsection (e-1) to read as follows:
(a) This section applies only to:
(1) current or honorably retired peace officers as defined by Article 2A.001, Code of Criminal Procedure, or special investigators as described by Article 2A.002, Code of Criminal Procedure;
(2) current or honorably retired county jailers as defined by Section 1701.001, Occupations Code;
(3) current or former employees of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department;
(4) commissioned security officers as defined by Section 1702.002, Occupations Code;
(5) a current or former district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;
(5-a) a current or former employee of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;
(6) officers and employees of a community supervision and corrections department established under Chapter 76 who perform a duty described by Section 76.004(b);
(7) criminal investigators of the United States as described by Article 2A.002(a), Code of Criminal Procedure;
(8) current or honorably retired police officers and inspectors of the United States Federal Protective Service;
(9) current and former employees of the office of the attorney general who are or were assigned to a division of that office the duties of which involve law enforcement or are performed under Chapter 231, Family Code;
(10) current or former juvenile probation and detention officers certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code;
(11) current or former employees of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code;
(12) current or former employees of the Texas Juvenile Justice Department or the predecessors in function of the department;
(13) federal judges and state judges as defined by Section 1.005, Election Code;
(14) current or former employees of the Texas Civil Commitment Office or of the predecessor in function of the office or a division of the office;
(15) a current or former member of the United States Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary service of one of those branches of the armed forces, or the Texas military forces, as that term is defined by Section 437.001;
(16) a current or former child protective services caseworker, adult protective services caseworker, or investigator for the Department of Family and Protective Services or a current or former employee of a department contractor performing child protective services caseworker, adult protective services caseworker, or investigator functions for the contractor on behalf of the department;
(17) an elected public officer;
(18) a firefighter or volunteer firefighter or emergency medical services personnel as defined by Section 773.003, Health and Safety Code; [and]
(19) a current or former United States attorney, assistant United States attorney, federal public defender, deputy federal public defender, or assistant federal public defender;
(20) a current or former county clerk, district clerk, or county and district clerk, or a current or former employee of the office of a county clerk, district clerk, or county and district clerk;
(21) a current or former employee whose duties relate to court administration, including a court clerk, court coordinator, court administrator, law clerk, or staff attorney; and
(22) a current or former employee of the Office of Court Administration of the Texas Judicial System and entities administratively attached to the office.
(e) Except as provided by Subsection (e-1), all [All] documents filed with a county clerk and all documents filed with a district clerk are exempt from this section.
(e-1) A county clerk or district clerk on request of a person to whom this section applies shall redact information described by Subsection (b) that relates to the person from any document the clerk posts on an Internet website.
SECTION 13.08. Section 42.07(b), Penal Code, is amended by amending Subdivision (1) and adding Subdivision (1-a) to read as follows:
(1) "Court employee" means an employee whose duties relate to court administration, including a court clerk, court coordinator, court administrator, law clerk, or staff attorney. The term does not include a judge.
(1-a) "Electronic communication" means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. The term includes:
(A) a communication initiated through the use of electronic mail, instant message, network call, a cellular or other type of telephone, a computer, a camera, text message, a social media platform or application, an Internet website, any other Internet-based communication tool, or facsimile machine; and
(B) a communication made to a pager.
SECTION 13.09. Section 42.07(c), Penal Code, is amended to read as follows:
(c) An offense under this section is a Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor if:
(A) [(1)] the actor has previously been convicted under this section; [or]
(B) [(2)] the offense was committed under Subsection (a)(7) or (8) and:
(i) [(A)] the offense was committed against a child under 18 years of age with the intent that the child:
(a) [(i)] commit suicide; or
(b) [(ii)] engage in conduct causing serious bodily injury to the child; or
(ii) [(B)] the actor has previously violated a temporary restraining order or injunction issued under Chapter 129A, Civil Practice and Remedies Code; or
(C) the offense was committed against a person the actor knows is a court employee;
(2) a state jail felony if the offense was committed against a person the actor knows is:
(A) a court employee and the actor has previously been convicted under this section; or
(B) a judge; and
(3) a felony of the third degree if the offense was committed against a person the actor knows is a judge and the actor has previously been convicted under this section.
SECTION 13.10. Section 21.049, Property Code, is amended to read as follows:
Sec. 21.049. NOTICE OF DECISION OF SPECIAL COMMISSIONERS. The judge of a court hearing a proceeding under this chapter shall inform the clerk of the court as to a decision by the special commissioners on the day the decision is filed or on the next working day after the day the decision is filed. Not later than the next working day after the day the decision is filed, the clerk shall send notice of the decision by a delivery method described under Rule 21a, Texas Rules of Civil Procedure [certified or registered United States mail, return receipt requested], to the parties in the proceeding, or to their attorneys of record, at their addresses of record.
SECTION 13.11. Section 25.025(a), Tax Code, as amended by Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B. 4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular Session, 2023, is reenacted and further amended to read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by Article 2A.001, Code of Criminal Procedure, and the spouse or surviving spouse of the peace officer;
(2) the adult child of a current peace officer as defined by Article 2A.001, Code of Criminal Procedure;
(3) a current or honorably retired county jailer as defined by Section 1701.001, Occupations Code;
(4) an employee of the Texas Department of Criminal Justice;
(5) a commissioned security officer as defined by Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the individual's child, or another person in the individual's household is a victim of family violence as defined by Section 71.004, Family Code, by providing:
(A) a copy of a protective order issued under Chapter 85, Family Code, or a magistrate's order for emergency protection issued under Article 17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence necessary to show that the individual, the individual's child, or another person in the individual's household is a victim of family violence;
(7) an individual who shows that the individual, the individual's child, or another person in the individual's household is a victim of sexual assault or abuse, stalking, or trafficking of persons by providing:
(A) a copy of a protective order issued under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a magistrate's order for emergency protection issued under Article 17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence necessary to show that the individual, the individual's child, or another person in the individual's household is a victim of sexual assault or abuse, stalking, or trafficking of persons;
(8) a participant in the address confidentiality program administered by the attorney general under Subchapter B, Chapter 58, Code of Criminal Procedure, who provides proof of certification under Article 58.059, Code of Criminal Procedure;
(9) a federal judge, a federal bankruptcy judge, a marshal of the United States Marshals Service, a state judge, or a family member of a federal judge, a federal bankruptcy judge, a marshal of the United States Marshals Service, or a state judge;
(10) a current or former district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;
(11) a current or former employee of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters;
(12) an officer or employee of a community supervision and corrections department established under Chapter 76, Government Code, who performs a duty described by Section 76.004(b) of that code;
(13) a criminal investigator of the United States as described by Article 2A.002(a), Code of Criminal Procedure;
(14) a current or honorably retired police officer or inspector of the United States Federal Protective Service;
(15) a current or former United States attorney, assistant United States attorney, federal public defender, deputy federal public defender, or assistant federal public defender and the spouse and child of the attorney or public defender;
(16) a current or former employee of the office of the attorney general who is or was assigned to a division of that office the duties of which involve law enforcement or are performed under Chapter 231, Family Code;
(17) a medical examiner or person who performs forensic analysis or testing who is employed by this state or one or more political subdivisions of this state;
(18) a current or former member of the United States armed forces who has served in an area that the president of the United States by executive order designates for purposes of 26 U.S.C. Section 112 as an area in which armed forces of the United States are or have engaged in combat;
(19) a current or former employee of the Texas Juvenile Justice Department or of the predecessors in function of the department;
(20) a current or former juvenile probation or supervision officer certified by the Texas Juvenile Justice Department, or the predecessors in function of the department, under Title 12, Human Resources Code;
(21) a current or former employee of a juvenile justice program or facility, as those terms are defined by Section 261.405, Family Code;
(22) a current or former employee of the Texas Civil Commitment Office or the predecessor in function of the office or a division of the office;
(23) a current or former employee of a federal judge or state judge;
(24) a current or former child protective services caseworker, adult protective services caseworker, or investigator for the Department of Family and Protective Services or a current or former employee of a department contractor performing child protective services caseworker, adult protective services caseworker, or investigator functions for the contractor on behalf of the department;
(25) an elected public officer;
(26) a firefighter or volunteer firefighter or emergency medical services personnel as defined by Section 773.003, Health and Safety Code;
(27) a customs and border protection officer or border patrol agent of United States Customs and Border Protection or the spouse, surviving spouse, or adult child of a customs and border protection officer or border patrol agent;
(28) [(27)
a current or former attorney for the Department of Family and Protective Services
[(27)] a current or former employee or contract staff member of a university health care provider at a corrections facility operated by the Texas Department of Criminal Justice or the Texas Juvenile Justice Department;
(29) [and
[(28)] a current or former attorney for the Department of Family and Protective Services;
(30) a current or former county clerk, district clerk, or county and district clerk, or a current or former employee of the office of a county clerk, district clerk, or county and district clerk;
(31) a current or former employee whose duties relate to court administration, including a court clerk, court coordinator, court administrator, law clerk, or staff attorney; and
(32) a current or former employee of the Office of Court Administration of the Texas Judicial System and entities administratively attached to the office.
SECTION 13.12. Section 34.03(a), Tax Code, is amended to read as follows:
(a) The clerk of the court shall:
(1) if the amount of excess proceeds is more than $25, before the 31st day after the date the excess proceeds are received by the clerk, send by a delivery method described by Rule 21a, Texas Rules of Civil Procedure [certified mail, return receipt requested], a written notice to the former owner of the property, at the former owner's last known address according to the records of the court or any other source reasonably available to the court, that:
(A) states the amount of the excess proceeds;
(B) informs the former owner of that owner's rights to claim the excess proceeds under Section 34.04; and
(C) includes a copy or the complete text of this section and Section 34.04;
(2) regardless of the amount, keep the excess proceeds paid into court as provided by Section 34.02(d) for a period of two years after the date of the sale unless otherwise ordered by the court; and
(3) regardless of the amount, send to the attorney general notice of the deposit and amount of excess proceeds if the attorney general or a state agency represented by the attorney general is named as an in rem defendant in the underlying suit for seizure of the property or foreclosure of a tax lien on the property.
SECTION 13.13. Section 521.121, Transportation Code, is amended by amending Subsections (a) and (c) and adding Subsection (c-1) to read as follows:
(a) The driver's license must include:
(1) a distinguishing number assigned by the department to the license holder;
(2) a photograph of the entire face of the holder;
(3) the full name and date of birth of the holder;
(4) a brief description of the holder; and
(5) the license holder's residence address or, for a license holder using the procedure under Subsection (c):
(A) [,] the street address of the courthouse in which the license holder or license holder's spouse or parent:
(i) serves as a federal judge, including a federal bankruptcy judge, a marshal of the United States Marshals Service, a United States attorney, or a state judge; or
(ii) performs duties related to court administration, including a court clerk, court coordinator, court administrator, law clerk, or staff attorney; or
(B) the office address of the office in which the license holder or the license holder's spouse or parent performs duties as an employee of the office of a county clerk, district clerk, or county and district clerk, or of the Office of Court Administration of the Texas Judicial System and entities administratively attached to the office.
(c) The department shall establish a procedure, on a license holder's qualification for or appointment to office as a federal or state judge as defined by Section 1.005, Election Code, or as a county clerk, district clerk, or county and district clerk, or as a federal bankruptcy judge, a marshal of the United States Marshals Service, [or] a United States attorney, or for a license holder whose duties relate to court administration, including a court clerk, court coordinator, court administrator, law clerk, or staff attorney, or as an employee of the office of a county clerk, district clerk, or county and district clerk, or of the Office of Court Administration of the Texas Judicial System and entities administratively attached to the office, to omit the residence address of the judge, [or] official, or employee and any family member of the judge, [or] official, or employee on the license holder's license and to print [include], in lieu of that address, the street address of the courthouse or office building in which the license holder or license holder's spouse or parent serves as a federal or state judge, [or] official, or employee.
(c-1) The residence address of a license holder whose residence address is omitted using the procedure under Subsection (c) is confidential and is available only for the official use of the department or a law enforcement agency.
SECTION 13.14. Section 521.243(a), Transportation Code, is amended to read as follows:
(a) Unless the petition is dismissed under Section 521.2421(f), the clerk of the court shall send electronically or by a delivery method described by Rule 21a, Texas Rules of Civil Procedure, [by certified mail] to the attorney representing the state a copy of the petition and notice of the hearing if the petitioner's license was suspended, revoked, or canceled following a conviction for:
(1) an offense under Section 19.05 or Sections 49.04-49.08, Penal Code; or
(2) an offense to which Section 521.342 applies.
SECTION 13.15. Section 141.001(a), Election Code, as amended by this article, applies only to the eligibility requirements for a candidate or officer whose term of office will begin on or after September 1, 2025. The eligibility requirements for a candidate or officer whose term of office will begin before that date are governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.
SECTION 13.16. Section 301.052(a), Family Code, as amended by this article, applies to an action that is pending in a trial court on September 1, 2025, or that is filed on or after that date.
SECTION 13.17. Section 42.07, Penal Code, as amended by this article, applies only to an offense committed on or after September 1, 2025. An offense committed before that date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2025, if any element of the offense occurred before that date.
SECTION 13.18. Not later than November 1, 2026, the Department of Public Safety shall:
(1) review the department's processes for implementation of and compliance with Section 521.121, Transportation Code, as amended by this Act; and
(2) submit to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, and the Texas Judicial Council a written report containing the results of the review, a description of the methods used to prepare the review, and any recommendations for legislative or other action.
ARTICLE 14. CONFLICT; EFFECTIVE DATE
SECTION 14.01. To the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 14.02. Except as otherwise provided by a provision of this Act, this Act takes effect September 1, 2025.
Floor Amendment No. 2
Amend CSSB 2878 (house committee report) as follows:
(1) On page 3, line 8, strike "January 1, 2027" and substitute "September 1, 2026".
(2) On page 3, lines 14 and 15, strike "January 1, 2027" and substitute "September 1, 2026".
(3) On page 4, line 16, strike "January 1, 2027" and substitute "September 1, 2026".
(4) On page 4, lines 21 and 22, strike "January 1, 2027" and substitute "September 1, 2026".
(5) On page 6, line 20, strike " January 1, 2029" and substitute "September 1, 2028".
(6) On page 7, strike lines 1 through 4 and substitute "District is created on September 1, 2028.".
(7) On page 9, strike lines 14 and 15 and substitute the following:
SECTION 2.01. Sections 22.004(b) and (h-1), Government Code, are amended to read as follows:
(b) The supreme court from time to time may promulgate a specific rule or rules of civil procedure, or an amendment or amendments to a specific rule or rules, to be effective at the time the supreme court deems expedient in the interest of a proper administration of justice. The rules and amendments to rules remain in effect unless and until disapproved by the legislature. The clerk of the supreme court shall file with the secretary of state the rules or amendments to rules promulgated by the supreme court under this subsection and shall provide [mail] a copy of those rules or amendments to rules to each registered member of the State Bar of Texas not later than the 60th day before the date on which they become effective. On receiving a written request from a member of the legislature, the secretary of state shall provide the member with electronic notifications when the supreme court has promulgated rules or amendments to rules under this section.
(8) On page 16, line 7, strike " January 1, 2027" and substitute "September 1, 2026".
(9) On page 16, line 14, strike "January 1, 2027" and substitute "September 1, 2026".
(10) Strike page 20, line 27, through page 21, line 2, and substitute the following:
SECTION 3.01. Sections 25.0022(d), (h), (k), (o), (t), (u), and (w), Government Code, are amended to read as follows:
(11) On page 23, strike line 7 and substitute "(k) The daily".
(12) On page 23, strike lines 16 though 25.
(13) On page 29, strike lines 21 and 22 and substitute the following:
SECTION 3.07. Section 74.061, Government Code, is amended by amending Subsections (h), (i), and (k) and adding Subsection (k-1) to read as follows:
(14) On page 30, between lines 8 and 9, insert the following:
(k) Except as provided by Subsection (k-1) and notwithstanding [Notwithstanding] any other provision of law, a former, retired, or active judge is not entitled to compensation paid by the state when the judge sits as an assigned judge for a statutory county court.
(k-1) Notwithstanding any other provision, a former or retired judge or justice assigned under this chapter to a constitutional county court in a county located in the Texas-Mexico border region, as defined by Section 2056.002(e), is entitled to compensation from the state in an amount equal to the maximum salary a district judge may receive from county and state sources under Section 659.012(a) if the presiding judge of the administrative judicial region in which the county lies certifies that exigent circumstances require the assignment.
(15) On page 30, between lines 8 and 9, add the following appropriately numbered SECTION to Article 3 of the bill and renumber subsequent SECTIONS of that article accordingly:
SECTION 3.____. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2025.
(16) On page 56, line 6, strike "secretary of state" and substitute "district clerk".
(17) On page 57, line 6, strike "voter registrar" and substitute "district clerk".
(18) On page 60, strike lines 13 and 14 and substitute the following:
SECTION 7.01. The heading to Section 22.110, Government Code, is amended to read as follows:
Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD AND ELDER ABUSE AND NEGLECT.
SECTION 7.02. Section 22.110, Government Code, is amended by amending Subsections (a), (b), and (d) and adding Subsection (b-1) to read as follows:
(a) The court of criminal appeals shall assure that judicial training related to the problems of family violence, sexual assault, trafficking of persons, [and] child abuse and neglect, and elder abuse and neglect is provided.
(b) The court of criminal appeals shall adopt the rules necessary to accomplish the purposes of this section. The rules must require:
(1) each district judge, judge of a statutory county court, associate judge appointed under Chapter 54A of this code or Chapter 201, Family Code, master, referee, and magistrate within the judge's first term of office or the judicial officer's first four years of service to complete and provide certification of completion of 12 hours of training that include at least:
(A) four hours dedicated to issues related to trafficking of persons, [and] child abuse and neglect, and elder abuse and neglect that cover at least two of the topics described in Subsections (d)(8) through (12) and (d)(14) [(d)(8)-(12)];
(B) six hours dedicated to the training described by Subsections (d)(5), (6), and (7); and
(C) one hour dedicated to the training described by Subsection (d)(13);
(2) each judge and judicial officer during each additional term in office or four years of service to complete and provide certification of completion of an additional five hours of training that include at least:
(A) two hours dedicated to the training described by Subsections (d)(11) and (12); and
(B) one hour dedicated to the training described by Subsection (d)(13); and
(3) each judge of a court with primary responsibility for family law or family violence matters to complete and provide certification of completion of an additional hour of training described by Subsection (d)(13) every two years.
(19) On page 60, between lines 20 and 21, insert the following:
(d) The instruction must include information about:
(1) statutory and case law relating to videotaping a child's testimony and relating to competency of children to testify;
(2) methods for eliminating the trauma to the child caused by the court process;
(3) case law, statutory law, and procedural rules relating to family violence, sexual assault, trafficking of persons, and child abuse and neglect;
(4) methods for providing protection for victims of family violence, sexual assault, trafficking of persons, and child abuse and neglect;
(5) available community and state resources for counseling and other aid to victims and to offenders;
(6) gender bias in the judicial process;
(7) dynamics and effects of being a victim of sexual assault, trafficking of persons, or child abuse and neglect;
(8) dynamics of sexual abuse of children, including child abuse accommodation syndrome and grooming;
(9) impact of substance abuse on an unborn child and on a person's ability to care for a child;
(10) issues of attachment and bonding between children and caregivers;
(11) issues of child development that pertain to trafficking of persons and child abuse and neglect;
(12) medical findings regarding physical abuse, sexual abuse, trafficking of persons, and child abuse and neglect; [and]
(13) dynamics of family violence; and
(14) elder abuse and neglect.
(20) On page 64, line 22, between "office," and "and", insert "employees and commissioners of the State Commission on Judicial Conduct,".
(21) Strike page 72, line 27, through page 73, line 3, and substitute the following appropriately numbered SECTION in Article 7 of the bill:
SECTION 7.____. (a) As soon as practicable after September 1, 2025, the Texas Court of Criminal Appeals shall adopt the rules necessary to implement Section 22.110, Government Code, as amended by this article.
(b) Section 22.110, Government Code, as amended by this article, applies to all judges, masters, referees, and magistrates elected, appointed, or holding office on or after September 1, 2025.
(22) Add the following appropriately numbered SECTIONS to Article 7 of the bill and renumber the SECTIONS of that article accordingly:
SECTION 7.____. Section 253.152(7), Election Code, is amended to read as follows:
(7) "Statewide judicial office" means the office of chief justice or justice, supreme court, or presiding judge or judge, court of criminal appeals, or the Court of Appeals for the Fifteenth Court of Appeals District.
SECTION 7.____. Section 6.4035(e), Family Code, is amended to read as follows:
(e) The party executing the waiver may [not] sign the waiver using a digitized signature.
SECTION 7.____. Section 74.024(d), Government Code, is amended to read as follows:
(d) Any rules adopted under this section remain in effect unless and until disapproved by the legislature. The clerk of the supreme court shall file with the secretary of state the rules or any amendments to the rules adopted by the supreme court under this section and shall provide [mail] a copy of the rules and any amendments to each registered member of the State Bar not later than the 120th day before the date on which they become effective. The supreme court shall allow a period of 60 days for review and comment on the rules and any amendments. The clerk of the supreme court shall report the rules or amendments to the rules to the next regular session of the legislature by providing [mailing] a copy of the rules or amendments to the rules to each elected member of the legislature on or before December 1 immediately preceding the session.
SECTION 7.____. Section 118.011(a), Local Government Code, is amended to read as follows:
(a) A county clerk shall collect the following fees for services rendered to any person:
(1) Personal Property Records Filing (Sec. 118.012):
(A) for the first page
$ 5.00;
(B) for each additional page or part of a page on which there are visible marks of any kind
$ 4.00;
(2) Real Property Records Filing (Sec. 118.013):
(A) for the first page
$ 5.00;
(B) for each additional page or part of a page on which there are visible marks of any kind
$ 4.00;
(C) for all or part of each 8-1/2" X 14" attachment or rider
$ 4.00;
(D) for each name in excess of five names that has to be indexed in all records in which the document must be indexed
$ 0.25;
(3) Certified Papers (Sec. 118.014):
(A) for the clerk's certificate
$ 5.00;
(B) printed on paper, plus a fee for each page or part of a page
$ 1.00;
(C) that is a paper document converted to electronic format, for each page or part of a page
$1;
(D) that is an electronic copy of an electronic document:
(i) for each document up to 10 pages in length
$1;
(ii) for each page or part of a page of a document over 10 pages
$0.10;
(4) Noncertified Papers (Sec. 118.0145):
(A) printed on paper, for each page or part of a page
$ 1.00;
(B) that is a paper document converted to electronic format, for each page or part of a page
$1;
(C) that is an electronic copy of an electronic document:
(i) for each document up to 10 pages in length
$1;
(ii) for each page or part of a page of a document over 10 pages
$0.10;
(5) Birth or Death Certificate (Sec. 118.015)
same as state registrar;
(6) Bond Approval (Sec. 118.016)
$
5.00 [
3.00];
(7) Marriage License (Sec. 118.018)
$60.00;
(8) Declaration of Informal Marriage (Sec. 118.019)
$25.00;
(9) Brand Registration (Sec. 118.020)
$ 5.00;
(10) Oath Administration (Sec. 118.021)
$ 1.00.
SECTION 7.____. Section 406.026, Government Code, is amended to read as follows:
Sec. 406.026. ELECTRONIC NOTARIZATION. In a proceeding filed under Title 1 or 5, Family Code, if a signature is required to be notarized, acknowledged, verified, or made under oath, the requirement may be satisfied if the electronic signature of the person authorized to perform that act, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature required to be notarized, acknowledged, verified, or made under oath.
SECTION 7.____. Section 6.4035(e), Family Code, and Section 406.026, Government Code, as amended by this article, apply to a waiver of citation executed in a suit for dissolution of a marriage that is pending in a trial court on September 1, 2025, or that is filed on or after that date.
SECTION 7.____. (a) In this section:
(1) "Digital court reporting" means the act of making a verbatim record of an oral court proceeding, deposition, or proceeding before a grand jury, referee, or court commissioner for use in litigation in the courts of this state through the use of digital technology, electronic recording equipment, or other recording and transcribing technology.
(2) "Office" means the Office of Court Administration of the Texas Judicial System.
(b) The office shall conduct a study on digital court reporting, including:
(1) an evaluation of the current use of digital court reporting in the courts of this state, including the cost, access, accuracy, and effectiveness of digital court reporting;
(2) an analysis of the use of digital court reporting in other states and jurisdictions; and
(3) recommendations on any necessary changes to statutes, rules, regulations, or standards regarding the use of digital court reporting in this state.
(c) Not later than October 1, 2026, the office shall submit a report on the study conducted under this section to the governor, lieutenant governor, speaker of the house of representatives, and appropriate standing committees of the legislature.
(d) This section expires September 1, 2027.
SECTION 7.____. Section 233.014, Election Code, is transferred to Subchapter 30, Civil Practice and Remedies Code, redesignated as Section 30.023, Civil Practice and Remedies Code, and amended to read as follows:
Sec. 30.023 [233.014]. SPECIAL PROCEDURES FOR CONTEST OF CONSTITUTIONAL AMENDMENT ELECTION. (a) This section applies only to a contest of an election on a proposed constitutional amendment.
(b) The contestant's petition must be filed and service of citation on the secretary of state must be obtained before the final official canvass is completed.
(c) The filing of an election contest does not suspend implementation of a constitutional amendment approved by the majority of the votes cast [The declaration of the official result of a contested election may not be made until the contest is finally determined.
The secretary of state shall tabulate the county returns and the governor shall announce the final vote count, as ascertained from the returns, in a written document.
The document announcing the final vote count must state that a contest of the election has been filed and that the declaration of the official result will not be made until the contest is finally determined].
(c-1) The trial court must ensure a written ruling on a pretrial motion before the court is entered not later than the 30th day after the date the motion is filed.
(d) The trial date may not be earlier than the 45th day after the date of the contested election except [nor later than the 180th day after the date of the contested election.
The trial date may be earlier than the 45th day after the date of the contested election] at the request of the contestant. The trial court must ensure the judgment of the court is not filed later than the 180th day after the date of the contested election.
(e) If an amended petition alleging additional grounds of contest is filed, the contest may not be called for trial earlier than the 20th day after the date the amended petition is filed unless the secretary of state agrees to calling the contest for trial at an earlier date.
(f) The court shall include in its judgment in a contest an order directing the governor to declare the [official result of the election or to declare the] election valid or void, as appropriate, not later than the 10th day after the date the judgment becomes final.
(g) Any question relating to the validity or outcome of a constitutional amendment election may be raised in an election contest. A contest is the exclusive method for adjudicating such questions.
(h) If a contestant files an appeal of the contest, the appellate court must ensure that the action is brought to final disposition not later than the 60th [180th] day after the date the judgment becomes final.
SECTION 7.____. Section 233.014, Election Code, as redesignated and amended by this Act, applies to a contest of a constitutional amendment election filed on or after September 1, 2025. A contest of a constitutional amendment election filed before that date is governed by the law in effect on the date that the suit is filed, and the former law is continued in effect for that purpose.
SECTION 7.____. Section 233.006(b), Election Code, is amended to read as follows:
(b) Except as provided by Section 30.023, Civil Practice and Remedies Code [233.014], the contestant must file the petition not later than the later of the 30th day after the date the election records are publicly available under Section 1.012 or the official result of the contested election is determined.
(23) On page 73, line 9, strike "53.001(a)" and substitute "53.001".
(24) On page 73, line 13, between "court" and "shall", insert "before that date".
(25) On page 73, strike lines 24 through 26.
(26) Add the following appropriately numbered SECTION to Article 9 of the bill and renumber subsequent SECTIONS of that article accordingly:
SECTION 9.____. Section 82.004, Family Code, is amended to read as follows:
Sec. 82.004. FORM AND CONTENT OF APPLICATION. (a) A person filing an application under this chapter shall use the protective order application form created by the Office of Court Administration of the Texas Judicial System under Section 72.039, Government Code, that is available on the office's Internet website, and shall include in the application:
(1) the name [and county of residence] of each applicant;
(2) the county of residence of each applicant, unless the applicant requests confidentiality pursuant to Section 82.011 or 85.007;
(3) the name and county of residence of each individual alleged to have committed family violence;
(4) [(3)] the relationships between the applicants and the individual alleged to have committed family violence;
(5) [(4)] a request for one or more protective orders; [and]
(6) [(5)] whether an applicant is receiving services from the Title IV-D agency in connection with a child support case and, if known, the agency case number for each open case; and
(7) any additional information known by the applicant that may assist in finding the respondent for the purposes of services.
(b) An applicant may submit an affidavit of confidentiality to the court pursuant to Section 72.039, Government Code, or Section 82.011 or 85.007, Family Code, to omit confidential information from the application and any subsequent protective order. An affidavit of confidentiality is only for the court's use and shall not be transmitted to the respondent.
(c) A party's failure to use the standardized protective order form as required under Subsection (a) does not affect the validity or enforceability of the application or any subsequent protective order issued.
(27) On page 97, line 20, between "EMPLOYEES," and "AND", insert "INCLUDING MUNICIPAL COURT PERSONNEL,".
(28) On page 98, line 8, between "clerk" and the underlined semicolon, insert "or municipal court personnel".
(29) On page 98, line 11, between the underlined comma and "law", insert "juvenile case manager,".
(30) On page 98, line 14, strike "[,] or" and substitute "[, or]".
(31) On page 98, line 15, between "(8)" and "a", insert the following:
a current or former employee or commissioner of the State Commission on Judicial Conduct; or
(9)
(32) On page 98, line 16, strike "(1)-(7)" and substitute "(1)-(8)".
(33) Strike page 98, line 20 through page 100, line 10.
(34) On page 100, between lines 21 and 22, insert the following appropriately numbered subdivision and renumber subsequent subdivisions of added Section 58.010, Government Code, accordingly:
(____) a criminal justice agency, as defined by Section 411.082;
(35) On page 106, line 21, between the underlined comma and "law", insert "juvenile case manager,".
(36) On page 106, line 23, strike "or".
(37) On page 106, line 27, between "552.1175" and the period, insert the following:
; or
(23) a current or former employee or commissioner of the State Commission on Judicial Conduct, regardless of whether the employee or commissioner complies with Section 552.024 or 552.1175
(38) On page 110, line 3, between the underlined comma and "law", insert "juvenile case manager,".
(39) On page 110, line 3, strike "and".
(40) On page 110, line 6, between "office" and the period, insert the following:
; and
(23) a current or former employee or commissioner of the State Commission on Judicial Conduct
(41) On page 110, line 19, between the underlined comma and "law", insert "juvenile case manager,".
(42) On page 117, line 8, between the underlined comma and "law", insert "juvenile case manager,".
(43) On page 117, line 8, strike "and".
(44) On page 117, line 11, between "office" and the period, insert the following:
; and
(33) a current or former employee or commissioner of the State Commission on Judicial Conduct
(45) On page 119, line 2, between the underlined comma and "law", insert "juvenile case manager,".
(46) On page 119, line 8, between "office" and the period, insert ", or as an employee or commissioner of the State Commission on Judicial Conduct".
(47) On page 119, line 16, between the underlined comma and "law", insert "juvenile case manager,".
(48) On page 119, line 20, between "office," and "to", insert "or as an employee or commissioner of the State Commission on Judicial Conduct,".
(49) On page 119, line 21, strike "or employee" and substitute "employee, or commissioner".
(50) On page 119, line 22, strike "or employee" and substitute "employee, or commissioner".
(51) On page 119, line 26, strike "or employee" and substitute "employee, or commissioner".
(52) Add the following appropriately numbered SECTIONS to Article 13 of the bill and renumber subsequent SECTIONS of that article accordingly:
SECTION 13.____. Section 81.113(a), Government Code, is amended to read as follows:
(a) Except as provided by Subsection (b), the state bar shall credit an attorney licensed in this state with meeting the minimum continuing legal education requirements of the state bar for a reporting year if during the reporting year the attorney is:
(1) employed full-time as an attorney by:
(A) [(1)] the senate;
(B) [(2)] the house of representatives;
(C) [(3)] a committee, division, department, or office of the senate or house;
(D) [(4)] the Texas Legislative Council;
(E) [(5)] the Legislative Budget Board;
(F) [(6)] the Legislative Reference Library;
(G) [(7)] the office of the state auditor; or
(H) [(8)] the Sunset Advisory Commission; or
(2) serving as a state official appointed by the governor and confirmed by the senate.
SECTION 13.____. Section 81.113, Government Code, as amended by this article, applies only to the minimum requirements for a continuing legal education compliance year that ends on or after September 1, 2025. The minimum requirements for continuing legal education for a compliance year that ends before September 1, 2025, are covered by the law and rules in effect when the compliance year ended, and that law and those rules are continued in effect for that purpose.
SECTION 13.____. Articles 43.09(a) and (k), Code of Criminal Procedure, are amended to read as follows:
(a) When a defendant is convicted of a misdemeanor and the defendant's punishment is assessed at a pecuniary fine or is confined in a jail after conviction of a felony for which a fine is imposed, if the defendant is unable to pay the fine and costs adjudged against the defendant, the defendant may for such time as will satisfy the judgment be put to work in the county jail industries program, in the workhouse, or on the county farm, or public improvements and maintenance projects of the county or a political subdivision located in whole or in part in the county, as provided in Article 43.10; or if there is no such county jail industries program, workhouse, farm, or improvements and maintenance projects, the defendant shall be confined in jail for a sufficient length of time to discharge the full amount of fine and costs adjudged against the defendant; rating such confinement at $150 [$100] for each day and rating such labor at $150 [$100] for each day; provided, however, that the defendant may pay the pecuniary fine assessed against the defendant at any time while the defendant is serving at work in the county jail industries program, in the workhouse, or on the county farm, or on the public improvements and maintenance projects of the county or a political subdivision located in whole or in part in the county, or while the defendant is serving the defendant's jail sentence, and in such instances the defendant is entitled to the credit earned under this subsection during the time that the defendant has served and the defendant shall only be required to pay the balance of the pecuniary fine assessed against the defendant. A defendant who performs labor under this article during a day in which the defendant is confined is entitled to both the credit for confinement and the credit for labor provided by this article.
(k) A defendant is considered to have discharged $150 [$100] of fines or costs for each eight hours of community service performed under Subsection (f) of this article.
SECTION 13.____. Article 45A.251(e), Code of Criminal Procedure, is amended to read as follows:
(e) In addition to credit under Subsection (d), in imposing a fine and costs in a case involving a misdemeanor punishable by fine only, the justice or judge shall credit the defendant for any period the defendant was confined in jail or prison while awaiting trial or serving a sentence for another offense if that confinement occurred after the commission of the misdemeanor. The credit under this subsection shall be applied to the amount of the fine and costs at the rate of not less than $150 for each day of confinement.
SECTION 13.____. Article 45A.254(e), Code of Criminal Procedure, is amended to read as follows:
(e) A defendant is considered to have discharged not less than $150 [$100] of fines or costs for each eight hours of community service performed under this article.
SECTION 13.____. Article 45A.459(i), Code of Criminal Procedure, is amended to read as follows:
(i) A defendant is considered to have discharged not less than $150 [$100] of fines or costs for each eight hours of community service performed under this article.
SECTION 13.____. Article 45A.460(i), Code of Criminal Procedure, is amended to read as follows:
(i) A defendant is considered to have discharged not less than $150 [$100] of fines or costs for each eight hours of community service performed under this article.
SECTION 13.____. Article 43.09(a), Code of Criminal Procedure, as amended by this article, applies to a defendant who is confined or performs labor to discharge fines or costs on or after September 1, 2025, regardless of whether the offense for which the fines or costs were imposed occurred before, on, or after September 1, 2025.
SECTION 13.____. The changes in law made by this article to Articles 43.09(k), 45A.254(e), 45A.459(i), and 45A.460(i), Code of Criminal Procedure, apply to a defendant who performs community service to discharge fines or costs on or after September 1, 2025, regardless of whether the offense for which the fines or costs were imposed occurred before, on, or after September 1, 2025.
SECTION 13.____. Article 45A.251(e), Code of Criminal Procedure, as amended by this article, applies to a defendant who is sentenced for an offense on or after September 1, 2025, regardless of whether the offense was committed before, on, or after that date.
Floor Amendment No. 3
Amend CSSB 2878 (house committee report) in Article 1 of the bill, as follows:
(1) On page 2, strike lines 1 through 12, and substitute the following:
SECTION 1.04. Effective January 1, 2027, Section 24.451, Government Code, is amended to read as follows:
Sec. 24.451. 274TH JUDICIAL DISTRICT (COMAL COUNTY [, GUADALUPE, AND HAYS COUNTIES]). (a) The 274th Judicial District is composed of Comal County [, Guadalupe, and Hays counties].
(b) In addition to other jurisdiction provided by law, each district court in Comal County has the civil and criminal jurisdiction of a county court [The terms of the 274th District Court begin on the second Tuesdays in February and August in Comal County, on the second Tuesdays in May and November in Guadalupe County, and on the second Tuesdays in June and December in Hays County.
[(c)
The 274th District Court has the same jurisdiction as the 22nd and the 207th district courts in Comal and Hays counties and concurrent jurisdiction with the 25th and Second 25th district courts in Guadalupe County.
[(d)
Section 24.123, relating to the 22nd District Court, contains provisions applicable to both that court and the 274th District Court].
(2) On page 9, line 10, immediately following the semicolon, insert "and".
(3) On page 9, strike lines 11 and 12, and substitute the following:
(2) Sections 24.127(b) and (c).
(4) Add the following appropriately numbered SECTION to Article 1 of the bill and renumber subsequent SECTIONS of the article accordingly:
SECTION 1.____. Effective January 1, 2029, Section 24.123, Government Code, is amended to read as follows:
Sec. 24.123. 22ND JUDICIAL DISTRICT (CALDWELL [, COMAL,] AND HAYS COUNTIES). (a) The 22nd Judicial District is composed of Caldwell [, Comal,] and Hays counties.
(b) [In addition to other jurisdiction provided by law, each district court in Comal County has the civil and criminal jurisdiction of a county court.
[(c)] The terms of the 22nd District Court begin:
(1) in Caldwell County on the first Mondays in March, June, September, and December; and
(2) [in Comal County on the first Mondays in April, July, October, and January; and]
[(3)] in Hays County on the first Mondays in February, May, August, and November.
Floor Amendment No. 4
Amend CSSB 2878 (house committee report) by adding the following appropriately numbered ARTICLE to the bill and renumbering the ARTICLES and SECTIONS of the bill accordingly:
ARTICLE ____. MANDATORY EXPUNCTION FOR CERTAIN PERSONS; RETENTION OF CERTAIN RECORDS
SECTION ____.____. Article 55A.203, Code of Criminal Procedure, is amended by amending Subsections (a) and (b) and adding Subsections (b-1) and (d) to read as follows:
(a) A trial court that is a district court or a district court in the county in which the trial court is located shall [may, with the consent of the attorney representing the state,] enter an expunction order for a person entitled to expunction under Article 55A.053(a)(2)(A) not later than the 30th day after the date the court, as applicable:
(1) dismisses the case following the person's successful completion of a veterans treatment court program created under Chapter 124, Government Code, or former law; or
(2) receives the information regarding the dismissal.
(b) A trial court that is a district court or a district court in the county in which the trial court is located shall [may, with the consent of the attorney representing the state,] enter an expunction order for a person entitled to expunction under Article 55A.053(a)(2)(B) not later than the 30th day after the date the court, as applicable:
(1) dismisses the case following the person's successful completion of a mental health court program created under Chapter 125, Government Code, or former law; or
(2) receives the information regarding the dismissal.
(b-1) A trial court that is a district court or a district court in the county in which the trial court is located shall enter an expunction order for a person entitled to expunction under Article 55A.053(a)(2)(C) not later than the 30th day after the date the court, as applicable:
(1) dismisses the case following the person's successful completion of a pretrial intervention program authorized under Section 76.011, Government Code, other than a program described by Subsection (a)(1) or (b)(1) of this section; or
(2) receives the information regarding the dismissal.
(d) The person for whom a court is required to enter an expunction order under Subsection (a), (b), or (b-1), as applicable, shall provide to the attorney representing the state all of the information required in a petition for expunction under Article 55A.253 and any affidavit required under Article 55A.053(b) or (c). The attorney representing the state shall prepare an expunction order under this article for the court's signature.
SECTION ____.____. Subchapter E, Chapter 55A, Code of Criminal Procedure, is amended by adding Article 55A.2035 to read as follows:
Art. 55A.2035. ATTORNEY REPRESENTING STATE CERTIFIES RECORDS AND FILES NOT NEEDED. (a) A trial court that is a district court or a district court in the county in which the trial court is located shall enter an expunction order for a person entitled to expunction under Article 55A.052(a)(4) not later than the 30th day after the date the court receives the certification described by that subdivision.
(b) The attorney representing the state who certified under Article 55A.052(a)(4) that the applicable arrest records and files are not needed for use in any criminal investigation or prosecution shall prepare an expunction order under this article for the court's signature. The person for whom a court is required to enter an expunction order under Subsection (a) shall provide to the attorney representing the state all of the information required in a petition for expunction under Article 55A.253.
(c) Notwithstanding any other law, a court that enters an expunction order under this article may not charge any fee or assess any cost for the expunction.
SECTION ____.____. Subchapter H, Chapter 55A, Code of Criminal Procedure, is amended by adding Article 55A.358 to read as follows:
Art. 55A.358. RETENTION OF RECORDS FOR DEVELOPMENT AND OPERATION OF PRETRIAL INTERVENTION PROGRAMS. Notwithstanding Articles 55A.353, 55A.354, 55A.355, and 55A.356, a community supervision and corrections department established under Chapter 76, Government Code, or an office of an attorney representing the state, in possession of records and files subject to an expunction order based on an entitlement under Article 55A.053(a)(2)(A), (B), or (C) may retain and use those records and files only for the purpose of developing and operating pretrial intervention programs in a judicial district served by the department or office.
Floor Amendment No. 1 on Third Reading
Amend SB 2878 on third reading by adding the following appropriately numbered SECTION to Article 7 of the bill and renumbering subsequent SECTIONS of that article accordingly:
SECTION 7.__. Section 75.001(d), Government Code, is amended to read as follows:
(d) A retiree who makes an election under this section shall be:
(1) designated a senior judge; and
(2) considered a judge of a court of this state for the purpose of appointment to a judicial branch board, commission, or council.
The amendments were read.
Senator Hughes moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The President Pro Tempore asked if there were any motions to instruct the conference committee on SB 2878 before appointment.
There were no motions offered.
The President Pro Tempore announced the appointment of the following conferees on the part of the Senate: Senators Hughes, Chair; J. Hinojosa, Birdwell, King, and Creighton.
SENATE BILL 1621 WITH HOUSE AMENDMENT
Senator Huffman called SB 1621 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1621 (house committee report) as follows:
(1) Strike page 8, line 26, through page 9, line 2, and substitute the following:
material that:
(A) contains 50 or more visual depictions of a child engaging in sexual conduct as described by Subsection (a-1)(1); or
(B) visually depicts
(2) On page 10, strike lines 16-18 and substitute the following:
section that at the time of the offense the actor was a judicial or law enforcement officer discharging the officer's official duties.
The amendment was read.
Senator Huffman moved to concur in the House amendment to SB 1621.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Eckhardt.
SENATE BILL 1318 WITH HOUSE AMENDMENT
Senator Schwertner called SB 1318 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1318 (house committee report) as follows:
(1) On page 1, lines 6 and 7, strike "Subsection (b-1)" and substitute "Subsections (b-1) and (d)".
(2) On page 2, line 26, strike "and".
(3) On page 3, lines 2 and 3, strike "contract or employment terminated, as specified in the covenant" and substitute the following:
the contract or employment terminated; and
(C) have terms and conditions clearly and conspicuously stated in writing
(4) On page 3, line 6, between "practice" and the underlined period, insert "or other health care provider".
(5) On page 3, between lines 6 and 7, insert the following:
(d) Notwithstanding any other law, a covenant not to compete relating to the practice of medicine is void and unenforceable against a person licensed as a physician by the Texas Medical Board if the physician is involuntarily discharged from contract or employment without good cause. For purposes of this subsection, "good cause" means a reasonable basis for discharge of a physician from contract or employment that is directly related to the physician's conduct, including the physician's conduct on the job or otherwise, job performance, and contract or employment record.
(6) On page 3, lines 18 and 19, strike "against a health care practitioner is not enforceable" and substitute "relating to the practice of dentistry or nursing, or practice as a physician assistant, as applicable, is not enforceable against a health care practitioner".
(7) On page 3, line 25, strike "and".
(8) On page 4, line 1, strike "physician" and substitute "health care practitioner".
(9) On page 4, line 1, strike "contract or employment terminated, as specified in the covenant" and substitute the following:
the contract or employment terminated; and
(4) has terms and conditions that are clearly and conspicuously stated in writing
The amendment was read.
Senator Schwertner moved to concur in the House amendment to SB 1318.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 2406 WITH HOUSE AMENDMENT
Senator Paxton called SB 2406 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 2406 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill accordingly:
SECTION ____. Section 3, Chapter 110, Acts of the 51st Legislature, Regular Session, 1949, is amended to read as follows:
Sec. 3. The management and control of all of the affairs of the district shall be vested in the Board of Directors, consisting of nine (9) members, each of whom shall be a freehold property taxpayer and a legal voter of the State of Texas. Such Board of Directors shall be appointed by the Governor of Texas [as soon as practicable after the passage of this Act] and confirmed by the Senate[; one-third of the members to be appointed for a term of two (2) years, one-third of the members to be appointed for a term of four (4) years, and the remaining members to be appointed for a term of six (6) years]. [Upon the expiration of the respective terms of said] Directors [the successors of each and all of them] shall be appointed [thereafter] for staggered terms [a term] of four [six (6)] years. Four members of the Board of Directors must each reside within a county located in the upper basin of the Sabine River, including Collin, Rockwall, Kaufman, Hunt, Rains, Van Zandt, Hopkins, Franklin, Wood, Smith, Upshur, Gregg, Harrison, and Rusk counties. Four members of the Board of Directors must each reside within a county located in the lower basin of the Sabine River, including Panola, Shelby, San Augustine, Sabine, Jasper, Newton, and Orange counties. One member of the Board of Directors must reside within any county situated wholly or partially within the watershed of the Sabine River. The Directors shall hold office after their appointment and qualification until their successors shall be appointed and qualified. Should any vacancy occur in the Board of Directors the same may be filled in like manner by the Governor of Texas for the unexpired term. The Directors appointed shall within fifteen (15) days after their appointment qualify by taking the official oath and filing a good and sufficient bond with the Secretary of State; the official bond of each Director to be in the sum of One Thousand Dollars ($1,000), and shall be payable to the district, shall be conditioned upon the faithful performance of official duties of such Director, and shall be subject to approval by the Secretary of State of the State of Texas.
SECTION ____. (a) Notwithstanding the changes in law made by this Act in Section 3, Chapter 110, Acts of the 51st Legislature, Regular Session, 1949, and except as provided by Subsection (b) of this section, a director of the Sabine River Authority of Texas serving on the effective date of this Act shall continue in office until the member's successor is appointed and qualifies for office.
(b) At the first meeting of the board of directors of the Sabine River Authority of Texas that follows the effective date of this Act, the three directors of the Sabine River Authority of Texas whose terms would expire on July 6, 2031, shall draw lots to determine which two directors will serve terms that expire on July 6, 2029, and which director will serve a term that expires on July 6, 2027.
The amendment was read.
Senator Paxton moved to concur in the House amendment to SB 2406.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 261 WITH HOUSE AMENDMENT
Senator Perry called SB 261 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Amendment
Amend SB 261 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the offering for sale and the sale of cell-cultured protein for human consumption; providing civil and criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 431.002, Health and Safety Code, is amended by adding Subdivision (5-a) to read as follows:
(5-a) "Cell-cultured protein" means a food product derived from harvesting animal cells and artificially replicating those cells in a growth medium to produce tissue.
SECTION 2. Subchapter B, Chapter 431, Health and Safety Code, is amended by adding Section 431.02105 to read as follows:
Sec. 431.02105. PROHIBITED ACT; TEMPORARY PROVISION. (a) The offering for sale or sale of cell-cultured protein for human consumption within this state is unlawful and prohibited.
(b) A violation of this section may be enforced in the same manner as a violation of Section 431.021 is enforced under Subchapter C.
(c) This section expires September 1, 2027.
SECTION 3. Sections 431.0805(4), (5), (6), (7), (8), (9), and (10), Health and Safety Code, are amended to read as follows:
(4) "Egg" has the meaning assigned by Section 4(g), Egg Products Inspection Act (21 U.S.C. Section 1033(g)). The term does not include an analogue product or [a] cell-cultured protein [product].
(5) "Egg product" has the meaning assigned by Section 4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)). The term does not include an analogue product or [a] cell-cultured protein [product].
(6) "Fish" has the meaning assigned by Section 403 of the federal Act (21 U.S.C. Section 343(q)(4)(E)). The term does not include an analogue product or [a] cell-cultured protein [product].
(7) "Meat" has the meaning assigned by 9 C.F.R. Section 301.2. The term does not include an analogue product or [a] cell-cultured protein [product].
(8) "Meat food product" has the meaning assigned by Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section 601(j)). The term does not include an analogue product or [a] cell-cultured protein [product].
(9) "Poultry" has the meaning assigned by Section 4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)). The term does not include an analogue product or [a] cell-cultured protein [product].
(10) "Poultry product" has the meaning assigned by Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section 453(f)). The term does not include an analogue product or [a] cell-cultured protein [product].
SECTION 4. Section 433.0415, Health and Safety Code, is amended to read as follows:
Sec. 433.0415. LABELING CELL-CULTURED PROTEIN [PRODUCT]. (a) In this section:
(1) "Cell-cultured protein [product]" has the meaning assigned by Section 431.002 [431.0805].
(2) "Close proximity" means:
(A) immediately before or after the name of the product;
(B) in the line of the label immediately before or after the line containing the name of the product; or
(C) within the same phrase or sentence containing the name of the product.
(b) Cell-cultured protein [A cell-cultured product] must be labeled in prominent type equal to or greater in size than the surrounding type and in close proximity to the name of the protein [product] using one of the following:
(1) "cell-cultured";
(2) "lab-grown"; or
(3) a similar qualifying term or disclaimer intended to clearly communicate to a consumer the contents of the protein [product].
(c) The provisions of this subchapter apply to [a] cell-cultured protein [product], as applicable.
SECTION 5. Subchapter D, Chapter 433, Health and Safety Code, is amended by adding Section 433.057 to read as follows:
Sec. 433.057. PROHIBITION ON CELL-CULTURED PROTEIN; TEMPORARY PROVISION. (a) In this section, "cell-cultured protein" has the meaning assigned by Section 431.002.
(b) A person may not offer for sale or sell cell-cultured protein for human consumption.
(c) To the extent another state law conflicts with this section, this section controls.
(d) This section expires September 1, 2027.
SECTION 6. Section 431.0805(2), Health and Safety Code, is repealed.
SECTION 7. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt any rules necessary to implement the changes in law made by this Act.
SECTION 8. This Act takes effect September 1, 2025.
The amendment was read.
Senator Perry moved to concur in the House amendment to SB 261.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Cook, Eckhardt, Hagenbuch, Johnson.
SENATE BILL 1448 WITH HOUSE AMENDMENT
Senator Hughes called SB 1448 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1448 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter B, Chapter 51, Estates Code, is amended by adding Section 51.057 to read as follows:
Sec. 51.057. SERVICE REGARDING CERTAIN DECEASED PERSONS. (a) Except as provided by Subsection (b), if a citation or notice is required to be served in a probate proceeding on a person who is now deceased but survived the decedent who is the subject of the proceeding, the citation or notice must be served on one of the following:
(1) the personal representative of the deceased person's estate, as provided by Section 51.056; or
(2) each distributee of the deceased person's estate, if:
(A) the personal representative has been discharged;
(B) the independent executor has filed a closing report or a notice of closing of the estate; or
(C) there is no administration of the estate ordered by a court, including if:
(i) the deceased person's will was admitted to probate as a muniment of title;
(ii) the court finds there is no necessity for administration in a judgment in a proceeding declaring heirship under Chapter 202; or
(iii) the court approves a small estate affidavit under Chapter 205.
(b) If there is no court order determining the distributees of the estate of the deceased person who survived the decedent or no personal representative of the deceased person's estate has been appointed, the citation or notice must be served on the unknown distributees of the estate by publication in the county in which the probate proceeding described by Subsection (a) is pending and, if known, the county of the last residence of the deceased person, if that residence was in a county other than the county in which the probate proceeding is pending.
(c) If service by publication is required by Subsection (b), the court may appoint an attorney ad litem to represent the interests of the distributees of the deceased person's estate, whether known or unknown.
SECTION ____. Section 51.057, Estates Code, as added by this Act, applies only to a probate proceeding commenced on or after the effective date of this Act.
The amendment was read.
Senator Hughes moved to concur in the House amendment to SB 1448.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 1862 WITH HOUSE AMENDMENT
Senator Hughes called SB 1862 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Amendment
Amend SB 1862 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to interstate notification by the voter registrar of certain applicants for voter registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(c), Election Code, is amended to read as follows:
(c) A registration application must include:
(1) the applicant's first name, middle name, if any, last name, and former name, if any;
(2) the month, day, and year of the applicant's birth;
(3) a statement that the applicant is a United States citizen;
(4) a statement that the applicant is a resident of the county;
(5) a statement that the applicant has not been determined by a final judgment of a court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the right to vote;
(6) a statement that the applicant has not been finally convicted of a felony or that the applicant is a felon eligible for registration under Section 13.001;
(7) the applicant's residence address or, if the residence has no address, the address at which the applicant receives mail and a concise description of the location of the applicant's residence;
(8) the following information:
(A) the applicant's Texas driver's license number or the number of a personal identification card issued by the Department of Public Safety;
(B) if the applicant has not been issued a number described by Paragraph (A), the last four digits of the applicant's social security number; or
(C) a statement by the applicant that the applicant has not been issued a number described by Paragraph (A) or (B);
(9) if the application is made by an agent, a statement of the agent's relationship to the applicant; and
(10) the address, including the city and county, where [in which] the applicant formerly resided.
SECTION 2. Section 13.072, Election Code, is amended by adding Subsections (e), (f), and (g) to read as follows:
(e) If a voter registration application indicates the applicant's previous residence was outside of this state, the voter registrar shall document the applicant's full legal name, date of birth, current address of residence, and previous address of residence.
(f) The voter registrar shall compile the data described by Subsection (e) and, at least once a month, submit the data to the secretary of state. The transmitted data must include the following for each voter:
(1) full legal name;
(2) date of birth;
(3) social security number, if provided;
(4) driver's license number, if provided;
(5) voter unique identifier number;
(6) current address of residence; and
(7) previous address of residence.
(g) On a monthly basis, the secretary of state shall, with the data submitted under Subsection (f), notify the voter registrar with jurisdiction over the previous residence of a voter described by Subsection (e) that the voter may be removed from that jurisdiction's voter registration list.
SECTION 3. This Act takes effect September 1, 2025.
The amendment was read.
Senator Hughes moved to concur in the House amendment to SB 1862.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 924 WITH HOUSE AMENDMENTS
Senator Hancock called SB 924 from the President's table for consideration of the House amendments to the bill.
The President Pro Tempore laid the bill and the House amendments before the Senate.
Amendment
Amend SB 924 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to entities that provide video services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 66.002(10), Utilities Code, is amended to read as follows:
(10) "Video service" means video programming services provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. The term [This definition] does not include:
(A) any video service provided by a commercial mobile service provider as defined in 47 U.S.C. Section 332(d);
(B) direct-to-home satellite services, as defined in 47 U.S.C. Section 303(v), that are transmitted from a satellite directly to a customer's premises without using or accessing a portion of the public right-of-way; or
(C) any video programming accessed via a service that enables users to access content, information, e-mail, or other services offered over the Internet, including streaming content.
SECTION 2. Chapter 66, Utilities Code, is amended by adding Section 66.017 to read as follows:
Sec. 66.017. PRESERVATION OF CERTAIN DUTIES. (a) The enactment of Sections 66.002(10)(B) and (C) does not affect the obligation of a person who holds a state-issued certificate of franchise authority on September 1, 2025, to provide the compensation required under this chapter for use of a public right-of-way.
(b) The enactment of Sections 66.002(10)(B) and (C) does not affect the application of this chapter to compensation with respect to services described by those sections provided before September 1, 2025, by a person who is involved in litigation regarding this chapter on September 1, 2025.
SECTION 3. It is the intent of the legislature that the changes in law made by this Act do not affect the existing right of a municipality to bring an action against a holder or non-holder of a state-issued certificate of franchise authority in a court of competent jurisdiction under Chapter 66, Utilities Code.
SECTION 4. This Act takes effect September 1, 2025.
Floor Amendment No. 1 on Third Reading
Amend SB 924 on third reading on page 2 as follows:
(1) On line 7, strike "is" and substitute "was".
(2) On line 8, strike "September" and substitute "January".
The amendments were read.
Senator Hancock moved to concur in the House amendments to SB 924.
The motion prevailed by the following vote: Yeas 24, Nays 7.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Alvarado, Cook, Eckhardt, Johnson, Menéndez, Miles, Zaffirini.
COMMITTEE SUBSTITUTE
HOUSE BILL 796 ON SECOND READING
Senator King moved to suspend the regular order of business to take up for consideration CSHB 796 at this time on its second reading:
CSHB 796, Relating to the authority of the legislature to determine that certain federal directives are unconstitutional and to prohibit certain government officers and employees from enforcing or assisting in the enforcement of the directive.
The motion prevailed by the following vote: Yeas 19, Nays 12.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, Hall, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
The bill was read second time and was passed to third reading by the following vote: Yeas 19, Nays 12. (Same as previous roll call)
SENATE BILL 25 WITH HOUSE AMENDMENTS
Senator Kolkhorst called SB 25 from the President's table for consideration of the House amendments to the bill.
The President Pro Tempore laid the bill and the House amendments before the Senate.
Amendment
Amend SB 25 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to health and nutrition standards to promote healthy living, including requirements for food labeling, primary and secondary education, higher education, and continuing education for certain health care professionals; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.002, Education Code, is amended by amending Subsections (l) and (l-1) and adding Subsections (l-4) and (u) to read as follows:
(l) A school district or open-enrollment charter school shall require a student enrolled in full-day prekindergarten, in kindergarten, or in a grade level below grade six to participate in moderate or vigorous daily physical activity for at least 30 minutes throughout the school year as part of the district's or school's physical education curriculum or through structured activity during a school campus's daily recess. To the extent practicable, a school district or open-enrollment charter school shall require a student enrolled in prekindergarten on less than a full-day basis to participate in the same type and amount of physical activity as a student enrolled in full-day prekindergarten. A school district or open-enrollment charter school shall require students enrolled in grade levels six, seven, and eight to participate in moderate or vigorous daily physical activity for at least 30 minutes for at least six [four] semesters during those grade levels as part of the district's or school's physical education curriculum. If a school district or open-enrollment charter school determines, for any particular grade level below grade six, that requiring moderate or vigorous daily physical activity is impractical due to scheduling concerns or other factors, the district or school may as an alternative require a student in that grade level to participate in moderate or vigorous physical activity for at least 135 minutes during each school week. Additionally, a school district or open-enrollment charter school may as an alternative require a student enrolled in a grade level for which the district or school uses block scheduling to participate in moderate or vigorous physical activity for at least 225 minutes during each period of two school weeks. A school district or open-enrollment charter school must provide for an exemption for:
(1) any student who is unable to participate in the required physical activity because of illness or disability; and
(2) a middle school or junior high school student who participates in an extracurricular activity with a moderate or vigorous physical activity component that is considered a structured activity under rules adopted by the commissioner.
(l-1) In adopting rules relating to an activity described by Subsection (l)(2), the commissioner shall [may] permit an exemption for a student who participates in a school-related activity or an activity sponsored by a private league or club [only] if the student provides proof of participation in the activity.
(l-4) In providing a physical education curriculum under Subsection (l), a school employee may not restrict participation in:
(1) recess or other physical activity offered as part of the district's or school's physical education curriculum for a student enrolled in kindergarten or in a grade level below grade six as a penalty for the student's academic performance or behavior; or
(2) physical activity offered as part of the district's or school's physical education curriculum for a student enrolled in grade level six, seven, or eight as a penalty for the student's academic performance or behavior.
(u) In adopting the essential knowledge and skills for the health curriculum under Subsection (a)(2)(B) for a grade level from kindergarten through grade eight, the State Board of Education shall adopt essential knowledge and skills that include nutrition instruction based on nutritional guidelines recommended by the Texas Nutrition Advisory Committee established under Chapter 119B, Health and Safety Code.
SECTION 2. Subchapter A, Chapter 28, Education Code, is amended by adding Section 28.0115 to read as follows:
Sec. 28.0115. ELECTIVE COURSE ON NUTRITION AND WELLNESS. Each school district and open-enrollment charter school offering a high school program shall provide an elective course in nutrition and wellness that meets the requirements for a one-half elective credit under Section 28.025, using materials the State Board of Education approves. The nutrition instruction:
(1) must include curriculum requirements based on nutritional guidelines recommended by the Texas Nutrition Advisory Committee established under Chapter 119B, Health and Safety Code; and
(2) may incorporate other relevant material, including culinary skills, horticulture, and consumer economics.
SECTION 3. Subchapter F, Chapter 51, Education Code, is amended by adding Section 51.3025 to read as follows:
Sec. 51.3025. NUTRITION EDUCATION COURSEWORK. (a) In this section, "institution of higher education" has the meaning assigned by Section 61.003.
(b) The Texas Higher Education Coordinating Board by rule shall require institutions of higher education to require each student enrolled in an associate or baccalaureate degree program at the institution to complete a course of instruction in nutrition education. The course must include curriculum requirements based on nutritional guidelines recommended by the Texas Nutrition Advisory Committee established under Chapter 119B, Health and Safety Code.
SECTION 4. Subchapter A, Chapter 63, Education Code, is amended by adding Section 63.0025 to read as follows:
Sec. 63.0025. REQUIRED NUTRITION CURRICULUM. A health-related institution of higher education listed in Section 63.002(c) is eligible for distribution of money under this subchapter only if the institution:
(1) develops nutrition curriculum requirements based on nutritional guidelines recommended by the Texas Nutrition Advisory Committee established under Chapter 119B, Health and Safety Code; and
(2) requires all medical students or students in other majors related to health care service provision who are enrolled at the institution to successfully complete the curriculum requirements developed under Subdivision (1).
SECTION 5. Subchapter B, Chapter 63, Education Code, is amended by adding Section 63.103 to read as follows:
Sec. 63.103. REQUIRED NUTRITION CURRICULUM. A health-related institution of higher education listed in Section 63.101(a) is eligible for distribution of money from a fund established under this subchapter only if the institution:
(1) develops nutrition curriculum requirements based on nutritional guidelines recommended by the Texas Nutrition Advisory Committee established under Chapter 119B, Health and Safety Code; and
(2) requires all medical students or students in other majors related to health care service provision who are enrolled at the institution to successfully complete the curriculum requirements developed under Subdivision (1).
SECTION 6. Subchapter C, Chapter 63, Education Code, is amended by adding Section 63.2025 to read as follows:
Sec. 63.2025. REQUIRED NUTRITION CURRICULUM. A health-related institution providing graduate medical education is eligible for a grant award under this subchapter only if the institution:
(1) develops nutrition curriculum requirements based on nutritional guidelines recommended by the Texas Nutrition Advisory Committee established under Chapter 119B, Health and Safety Code; and
(2) requires all students in nursing, allied health, or other majors related to health care service provision who are enrolled at the institution to successfully complete the curriculum requirements developed under Subdivision (1).
SECTION 7. Subchapter D, Chapter 63, Education Code, is amended by adding Section 63.303 to read as follows:
Sec. 63.303. REQUIRED NUTRITION CURRICULUM. A health-related institution providing graduate medical education is eligible for a grant award under this subchapter only if the institution:
(1) develops nutrition curriculum requirements based on nutritional guidelines recommended by the Texas Nutrition Advisory Committee established under Chapter 119B, Health and Safety Code; and
(2) requires all medical students or students in other majors related to health care service provision who are enrolled at the institution to successfully complete the curriculum requirements developed under Subdivision (1).
SECTION 8. Subtitle E, Title 2, Health and Safety Code, is amended by adding Chapter 119B to read as follows:
CHAPTER 119B. TEXAS NUTRITION ADVISORY COMMITTEE
Sec. 119B.001. DEFINITION. In this chapter, "advisory committee" means the Texas Nutrition Advisory Committee.
Sec. 119B.002. ADVISORY COMMITTEE ESTABLISHED. The Texas Nutrition Advisory Committee is established to develop nutritional guidelines for residents of this state. The advisory committee is administratively attached to the department.
Sec. 119B.003. MEMBERSHIP. (a) The advisory committee is composed of seven members appointed by the governor, including at least:
(1) one expert in metabolic health, culinary medicine, lifestyle medicine, or integrative medicine;
(2) one licensed physician certified in functional medicine;
(3) one member representing the Texas Department of Agriculture;
(4) one member representing a rural community;
(5) one member representing an urban community; and
(6) one pediatrician specializing in metabolic health.
(b) In appointing the advisory committee members, the governor must:
(1) consider recommendations provided by:
(A) the chair of the senate committee on health and human services;
(B) the chair of the house of representatives committee on public health; and
(C) the chair of the house of representatives committee on human services; and
(2) ensure not more than two members are affiliated with an academic or health-related institution of higher education if the appointment could reasonably create a conflict of interest between the goals of the advisory committee and the goals of the institution.
(c) An individual is ineligible for appointment to the advisory committee if the individual:
(1) owns or controls an ownership interest in a food, beverage, dietary supplement, or pharmaceutical manufacturing company; or
(2) is related within the third degree of consanguinity or affinity, as determined by Chapter 573, Government Code, to an individual who owns or controls an ownership interest in a food, beverage, dietary supplement, or pharmaceutical manufacturing company.
(d) Before accepting an appointment under this section, an individual must disclose all past or existing affiliations with a food, beverage, dietary supplement, or pharmaceutical manufacturing company or any other affiliation that could reasonably create a conflict of interest with the goals of the advisory committee. An advisory committee member who fails to disclose an affiliation described by this subsection is subject to removal by the governor.
(e) Advisory committee members serve staggered four-year terms.
Sec. 119B.004. ADVISORY COMMITTEE DUTIES. The advisory committee shall:
(1) examine the impact of nutrition on human health and examine the connection between ultra-processed foods, including foods containing artificial color and food additives, and the prevalence of chronic diseases and other chronic health issues;
(2) provide an independent review of scientific studies analyzing the effects of ultra-processed foods on human health;
(3) provide education on the effects of ultra-processed foods on human health; and
(4) develop and maintain dietary and nutritional guidelines based on the consensus of available scientific studies and information concerning diet and nutrition.
Sec. 119B.005. ANNUAL REPORT. Not later than September 1 of each year, the advisory committee shall prepare and submit to the department, the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature with primary jurisdiction over health and safety a written report that includes:
(1) a summary of the scientific studies;
(2) nutritional guidelines incorporating any new scientific findings; and
(3) any other recommendations the advisory committee considers appropriate based on new scientific studies.
Sec. 119B.006. DEPARTMENT NUTRITIONAL GUIDELINES WEB PAGE. (a) The department shall post on a publicly available web page on the department's Internet website the guidelines developed under Section 119B.004 in a manner that is easily accessible and readily understandable.
(b) The department shall annually update information posted under this section based on the report submitted under Section 119B.005.
Sec. 119B.007. EXPIRATION. The advisory committee is abolished and this chapter expires December 31, 2032.
Sec. 119B.008. RULES. The executive commissioner of the Health and Human Services Commission may adopt rules as necessary to implement this chapter.
SECTION 9. Subchapter D, Chapter 431, Health and Safety Code, is amended by adding Sections 431.0815 and 431.0816 to read as follows:
Sec. 431.0815. FOOD CONTAINING ARTIFICIAL COLOR, ADDITIVES, OR CERTAIN BANNED CHEMICALS. (a) A food manufacturer shall ensure each food product the manufacturer offers for sale in this state includes a warning label disclosing the use of any of the following ingredients in a product intended for human consumption:
(1) acesulfame potassium;
(2) acetylated esters of mono- and diglycerides (acetic acid ester);
(3) anisole;
(4) aspartame;
(5) atrazine;
(6) azodicarbonamide (ADA);
(7) butylated hydroxyanisole (BHA);
(8) butylated hydroxytoluene (BHT);
(9) bleached flour;
(10) blue 1 (CAS 3844-45-9);
(11) blue 2 (CAS 860-22-0);
(12) bromated flour;
(13) calcium bromate;
(14) canthaxanthin;
(15) certified food colors by the United States Food and Drug Administration;
(16) citrus red 2 (CAS 6358-53-8);
(17) diacetyl;
(18) diacetyl tartaric and fatty acid esters of mono- and diglycerides (DATEM);
(19) dimethylamylamine (DMAA);
(20) dioctyl sodium sulfosuccinate (DSS);
(21) ficin;
(22) glyphosate;
(23) green 3 (CAS 2353-45-9);
(24) high fructose corn syrup;
(25) interesterified palm oil;
(26) interesterified soybean oil;
(27) lactylated fatty acid esters of glycerol and propylene glycol;
(28) lye;
(29) morpholine;
(30) olestra;
(31) partially hydrogenated oil (PHO);
(32) potassium aluminum sulfate;
(33) potassium bromate;
(34) potassium iodate;
(35) potassium sorbate;
(36) propylene oxide;
(37) propylparaben;
(38) red 3 (CAS 16423-68-0);
(39) red 4 (CAS 4548-53-2);
(40) red 40 (CAS 25956-17-6);
(41) saccharine;
(42) sodium aluminum sulfate;
(43) sodium lauryl sulfate;
(44) sodium stearyl fumarate;
(45) stearyl tartrate;
(46) synthetic or artificial vanillin;
(47) synthetic trans fatty acid;
(48) thiodipropionic acid;
(49) titanium dioxide;
(50) toluene;
(51) yellow 5 (CAS 1934-21-0); and
(52) yellow 6 (CAS 2783-94-0).
(b) The warning label must:
(1) include the following statement if the food contains an ingredient listed in Subsection (a), printed in a font size not smaller than the smallest font used to disclose other consumer information required by the United States Food and Drug Administration:
"WARNING: This product contains an ingredient that is not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom.";
(2) be placed in a prominent and reasonably visible location; and
(3) have sufficiently high contrast with the immediate background to ensure the warning is likely to be seen and understood by the ordinary individual under customary conditions of purchase and use.
(c) A food manufacturer or, to the extent a food manufacturer provides the information required under this section to a retailer, a retailer that offers a product described by Subsection (a) for sale in this state on the manufacturer's or retailer's Internet website shall disclose to the consumer all labeling information required under Subsection (b) and department rule by:
(1) posting a legible statement on the manufacturer's or retailer's Internet website on which the product is offered for sale; or
(2) otherwise communicating the information to the consumer.
(d) This section does not apply to:
(1) an ingredient used in a product not intended for human consumption;
(2) food labeled, prepared, served, or sold in a restaurant; or
(3) food labeled, prepared, or served in a retail establishment.
(e) This section does not create a private cause of action for a violation of this section.
(f) For the purposes of this section, "food manufacturer" includes any manufacturer that offers a food product for sale in this state, regardless of where the product was originally produced.
Sec. 431.0816. ENFORCEMENT BY ATTORNEY GENERAL. (a) If the attorney general believes a manufacturer has violated or is violating Section 431.0815, the attorney general may bring an action on behalf of this state to enjoin the manufacturer from violating that section.
(b) In addition to seeking an injunction under Subsection (a), the attorney general may request and the court may order any other relief that may be in the public interest, including:
(1) the imposition of a civil penalty in an amount not to exceed $50,000 per day for each distinct food product in violation of Section 431.0815; and
(2) an order requiring reimbursement to this state for the reasonable value of investigating and bringing an enforcement action for a violation of Section 431.0815.
SECTION 10. Subchapter B, Chapter 156, Occupations Code, is amended by adding Section 156.061 to read as follows:
Sec. 156.061. CONTINUING EDUCATION IN NUTRITION AND METABOLIC HEALTH. (a) A physician licensed under this subtitle who submits an application for renewal of a license to practice medicine must complete, in accordance with this section and rules adopted under this section, continuing medical education regarding nutrition and metabolic health.
(b) The board shall adopt rules to implement this section. The rules must prescribe:
(1) the number of hours of the continuing medical education required by this section; and
(2) the content of the continuing medical education required by this section based on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee under Chapter 119B, Health and Safety Code.
SECTION 11. Subchapter D, Chapter 204, Occupations Code, is amended by adding Section 204.1563 to read as follows:
Sec. 204.1563. CONTINUING MEDICAL EDUCATION IN NUTRITION AND METABOLIC HEALTH. (a) As part of continuing medical education requirements under Section 204.1562, a license holder shall complete, in accordance with this section and rules adopted under this section, continuing medical education regarding nutrition and metabolic health.
(b) The medical board, on recommendations of the physician assistant board, shall adopt rules to implement this section. The rules must prescribe:
(1) the number of hours of the continuing medical education required by this section; and
(2) the content of the continuing medical education required by this section based on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee under Chapter 119B, Health and Safety Code.
SECTION 12. Subchapter G, Chapter 301, Occupations Code, is amended by adding Section 301.309 to read as follows:
Sec. 301.309. CONTINUING EDUCATION IN NUTRITION AND METABOLIC HEALTH. (a) As part of continuing education requirements under Section 301.303, a license holder shall complete, in accordance with this section and rules adopted under this section, continuing education regarding nutrition and metabolic health.
(b) The board shall adopt rules to implement this section. The rules must prescribe:
(1) the number of hours of the continuing education required by this section; and
(2) the content of the continuing education required by this section based on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee under Chapter 119B, Health and Safety Code.
SECTION 13. Subchapter G, Chapter 701, Occupations Code, is amended by adding Sections 701.302 and 701.303 to read as follows:
Sec. 701.302. CONTINUING EDUCATION REQUIREMENTS. The commission by rule shall adopt and the department shall monitor and enforce a program for the continuing education of license holders as a condition for license renewal. The rules must:
(1) require a license holder to complete not more than 12 hours of continuing education as a prerequisite to renewal of the license under this chapter; and
(2) prescribe a process to assess a license holder's participation in continuing education courses.
Sec. 701.303. CONTINUING EDUCATION IN NUTRITION AND METABOLIC HEALTH. (a) As part of the continuing education requirements under Section 701.302, a license holder shall complete, in accordance with this section and rules adopted under this section, continuing education regarding nutrition and metabolic health.
(b) The commission shall adopt rules to implement this section. The rules must prescribe:
(1) the number of hours of the continuing education required by this section; and
(2) the content of the continuing education required by this section based on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee under Chapter 119B, Health and Safety Code.
SECTION 14. Section 701.304, Occupations Code, is amended to read as follows:
Sec. 701.304. GROUNDS FOR REFUSING RENEWAL. The commission or department may refuse to renew the license of a person who fails to:
(1) pay an administrative penalty imposed under Subchapter K, unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed; or
(2) complete the continuing education requirements under Section 701.302.
SECTION 15. (a) Section 28.002(l), Education Code, as amended by this Act, applies only to students entering the sixth grade during the 2026-2027 school year or a later school year. For students entering a grade above sixth grade during the 2026-2027 school year, Section 28.002(l), Education Code, as that section existed before amendment by this Act, applies, and that section is continued in effect for that purpose.
(b) Sections 28.002(u) and 28.0115, Education Code, as added by this Act, apply beginning with the 2027-2028 school year.
SECTION 16. Section 51.3025, Education Code, as added by this Act, applies beginning with entering students enrolling in an associate or baccalaureate degree program at a public institution of higher education on or after July 1, 2027.
SECTION 17. (a) Not later than July 1, 2027, a health-related institution of higher education shall develop and implement curriculum required by Sections 63.0025, 63.103, 63.2025, and 63.303, Education Code, as added by this Act, to remain eligible for funding under those sections.
(b) A health-related institution of higher education is not required to comply with Sections 63.0025, 63.103, 63.2025, and 63.303, Education Code, as added by this Act, until July 1, 2027.
SECTION 18. (a) Not later than December 31, 2025, the governor shall appoint the members of the Texas Nutrition Advisory Committee established under Chapter 119B, Health and Safety Code, as added by this Act, and shall provide for staggered member terms as required by that chapter.
(b) Not later than September 1, 2026, the Texas Nutrition Advisory Committee shall prepare and submit to the Department of State Health Services, the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature with primary jurisdiction over health and safety the initial report required under Section 119B.005, Health and Safety Code, as added by this Act.
(c) As soon as practicable after the submission of the report under Subsection (b) of this section, the Department of State Health Services shall post information required under Section 119B.006, Health and Safety Code, as added by this Act, on the department's Internet website.
SECTION 19. (a) Not later than December 31, 2025, the executive commissioner of the Health and Human Services Commission shall adopt rules to implement changes made by Section 431.0815, Health and Safety Code, as added by this Act.
(b) Section 431.0815, Health and Safety Code, as added by this Act, applies only to a food product label developed or copyrighted on or after January 1, 2027.
SECTION 20. (a) Section 156.061, Occupations Code, as added by this Act, applies only to an application for license renewal filed on or after January 1, 2027. An application for license renewal filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
(b) Not later than December 31, 2026, the Texas Medical Board shall adopt the rules required by Section 156.061, Occupations Code, as added by this Act.
SECTION 21. (a) Section 204.1563, Occupations Code, as added by this Act, applies only to an application for license renewal filed on or after January 1, 2027. An application for license renewal filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
(b) Not later than December 31, 2026, the Texas Medical Board shall adopt the rules required by Section 204.1563, Occupations Code, as added by this Act.
SECTION 22. (a) Section 301.309, Occupations Code, as added by this Act, applies only to an application for license renewal filed on or after January 1, 2027. An application for license renewal filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
(b) Not later than December 31, 2026, the Texas Board of Nursing shall adopt the rules required by Section 301.309, Occupations Code, as added by this Act.
SECTION 23. (a) Sections 701.302 and 701.303, Occupations Code, as added by this Act, apply only to an application for license renewal filed on or after January 1, 2027. An application for license renewal filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
(b) Not later than December 31, 2026, the Texas Commission of Licensing and Regulation shall adopt the rules required by Sections 701.302 and 701.303, Occupations Code, as added by this Act.
SECTION 24. This Act takes effect September 1, 2025.
Floor Amendment No. 1
Amend CSSB 25 (house committee report) as follows:
(1) On page 10, line 13, between "ingredients" and "in", insert ", if the United States Food and Drug Administration requires the ingredient to be named on a food label and the ingredient is used".
(2) On page 10, strike lines 14 and 18.
(3) On page 11, strike lines 13 and 25.
(4) On page 12, strike lines 4 and 9.
(5) Renumber the subdivisions of added Section 431.0815(a), Health and Safety Code, accordingly.
(6) On page 13, line 20, strike "or".
(7) On page 13, line 22, between "establishment" and the underlined period, insert the following:
;
(4) a product labeled with a warning issued by the surgeon general of the United States Public Health Service;
(5) a drug or dietary supplement; or
(6) a pesticide chemical, soil or plant nutrient, or other agricultural chemical used in the production, storage, or transportation of a raw agricultural commodity
Floor Amendment No. 2
Amend Amendment No. 1 by Hull to CSSB 25 on page 1 of the amendment as follows:
(1) On line 6, strike "14 and 18" and substitute "14, 18, and 19".
(2) On line 7, strike "13 and 25" and substitute "11, 13, and 25".
Floor Amendment No. 3
Amend Amendment No. 1 by Hull to CSSB 25 on page 1, line 15, by striking "warning issued by" and substituting "governmental warning with a recommendation from".
Floor Amendment No. 4
Amend CSSB 25 (house committee report) as follows:
(1) On page 1, line 24, strike "six [four]" and substitute "four".
(2) On page 17, lines 19 through 25, strike Subsection (a) of SECTION 15.
(3) On page 17, line 26, strike "(b)".
Floor Amendment No. 9
Amend CSSB 25 (house committee report) on page 4, lines 11 and 12, by striking "require each student" and substituting "provide the opportunity for students".
Floor Amendment No. 17
Amend CSSB 25 (house committee report) as follows:
(1) On page 10, line 7, strike "431.0815 and 431.0816" and substitute "431.0815, 431.0816, and 431.0817".
(2) On page 13, line 20, strike "or".
(3) On page 13, line 22, between "establishment" and the underlined period, insert the following:
; or
(4) a product regulated by the United States Department of Agriculture's Food Safety and Inspection Service
(4) On page 14, between lines 15 and 16, insert the following:
Sec. 431.0817. FEDERAL PREEMPTION. On and after September 1, 2025, and the effective date of a federal law, regulation, or guidance issued by the United States Food and Drug Administration or the United States Department of Agriculture, Section 431.0815 has no effect if:
(1) for a specific ingredient, including a food additive and color additive, listed under Section 431.0815(a), the law, regulation, or guidance:
(A) prohibits the use of the ingredient;
(B) imposes conditions on the use of the ingredient, including a condition requiring a warning or disclosure statement; or
(C) determines an ingredient or class of ingredients is safe for human consumption; or
(2) the law, regulation, or guidance requires a labeling statement relating to ultra-processed or processed foods.
Floor Amendment No. 1 on Third Reading
Amend SB 25 on third reading in the SECTION of the bill adding Section 431.0817, Health and Safety Code, as added by Amendment No. 17 by VanDeaver on second reading, by striking "law, regulation, or guidance" in each place the phrase appears and substituting "law or regulation".
The amendments were read.
Senator Kolkhorst moved to concur in the House amendments to SB 25.
The motion prevailed by the following vote: Yeas 31, Nays 0.
SENATE BILL 36 WITH HOUSE AMENDMENTS
Senator Parker called SB 36 from the President's table for consideration of the House amendments to the bill.
The President Pro Tempore laid the bill and the House amendments before the Senate.
Amendment
Amend SB 36 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the homeland security activities of certain entities, including the establishment and operations of the Homeland Security Division in the Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.002(a), Government Code, is amended to read as follows:
(a) The Department of Public Safety of the State of Texas is an agency of the state to enforce the laws protecting the public safety and provide for the prevention and detection of crime. The department is composed of the Texas Rangers, the Homeland Security Division, the Texas Highway Patrol, the administrative division, and other divisions that the commission considers necessary.
SECTION 2. Chapter 411, Government Code, is amended by adding Subchapter S to read as follows:
SUBCHAPTER S. HOMELAND SECURITY DIVISION
Sec. 411.551. DEFINITIONS. In this subchapter:
(1) "Chief" means the chief of the division appointed under Section 411.552.
(2) "Division" means the Homeland Security Division of the department established under this subchapter.
(3) "Local government" means any municipality, county, special-purpose district or authority, or other political subdivision of this state.
(4) "State agency" means a board, commission, council, committee, department, office, agency, or other governmental entity in the executive, legislative, or judicial branch of state government. The term includes an institution of higher education as defined by Section 61.003, Education Code.
Sec. 411.552. HOMELAND SECURITY DIVISION; CHIEF. (a) The Homeland Security Division is established in the department to lead multi-agency, multi-jurisdictional, and public-private efforts to enhance law enforcement initiatives and operations in support of homeland security objectives in this state.
(b) The director shall appoint the chief with the consent of the commission.
(c) The chief acts as the chief administrative officer of the division and is under the supervision and direction of the director, and to the extent the director determines, a deputy director of the department.
Sec. 411.553. DEPUTY CHIEFS AND OTHER EMPLOYEES; DELEGATION. (a) The chief may employ deputy chiefs and other employees as necessary to perform the duties or exercise the powers of the division or perform any duty or exercise any power of the department assigned to the division.
(b) The chief may delegate any power or duty assigned to the division or chief unless prohibited by statute or rule.
Sec. 411.554. BORDER SECURITY: PLANNING AND COORDINATION. (a) The division shall, in collaboration with any other person who by law performs similar duties:
(1) provide the strategic and operational planning for border security operations of this state; and
(2) support the border security operations of this state by coordinating the law enforcement efforts of federal and state agencies, local governments, and private organizations and by ensuring clarity and alignment on the law enforcement priorities and responsibilities of each stakeholder.
(b) The division shall assist as necessary the department, including each department region, with the department's tactical planning of border security operations. The division shall produce intelligence and similar reports as necessary to provide the assistance required by this subsection.
Sec. 411.555. BORDER SECURITY: INTELLIGENCE. (a) The division shall coordinate the collection, dissemination, and analysis of intelligence for this state's border security operations and shall operate intelligence centers dedicated to this purpose.
(b) The division shall establish policies and procedures relating to the collection and management of intelligence, including establishing collection priorities and assigning the management responsibilities, for state agencies, local governments, and any private organizations participating in border security operations.
(c) With respect to the border security operations of this state, the division shall analyze and assess collected intelligence to produce information bulletins and other similar reports considered advisable.
(d) The division shall manage the program for the installation and monitoring of cameras and surveillance equipment along the Texas-Mexico border, known as Operation Drawbridge.
Sec. 411.556. HOMELAND SECURITY PLANNING AND PREPAREDNESS. (a) The division shall, in collaboration with any other person who by law performs similar duties:
(1) regularly develop a comprehensive homeland security strategic plan for this state;
(2) plan and facilitate homeland security exercises in coordination with the Texas Division of Emergency Management and other state agencies, federal agencies, local governments, and any participating private organizations;
(3) develop operational and tactical plans for significant law enforcement emergencies or contingencies, including assisting each department region with developing plans specific to the needs of that region;
(4) conduct assessments of:
(A) the risks and hazards posed to this state by criminal actors and organizations; and
(B) the capabilities of state and local stakeholders to respond to the occurrence of those risks and hazards, including by coordinating the annual completion by state agencies and local governments of the following federal assessments:
(i) the Threat and Hazard Identification and Risk Assessment; and
(ii) the Stakeholder Preparedness Review;
(5) establish programs for regular outreach to and information sharing among public and private organizations regarding threats by criminal actors and organizations, including:
(A) coordinating the Bomb-Making Materials Awareness Program and similar programs; and
(B) ensuring private industry organizations are aware of:
(i) criminal threats to critical infrastructure, such as espionage and sabotage operations;
(ii) best practices for protecting critical infrastructure from criminal actors and organizations; and
(iii) available law enforcement resources to assist in protecting critical infrastructure from criminal actors and organizations and responding to those threats; and
(6) assist state agencies and local governments in complying with restrictions under federal law on commerce with certain entities, including any entity:
(A) listed in Supplement No. 4 to 15 C.F.R. Part 744;
(B) identified as a Chinese military company by the United States Secretary of Defense in accordance with Section 1260H of the National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283); or
(C) restricted under any similar sanction program under federal law.
(b) The division shall develop any additional assessment for risks and hazards posed by criminal actors and organizations the division considers necessary and include in the strategic plan required by Subsection (a)(1) recommendations to mitigate those risks and hazards.
(c) The division may administer, or assist the department in administering, an internship program for students and other interested persons to participate in the operations of the division, or the department, as appropriate.
Sec. 411.557. PLANNING FOR PHYSICAL PROTECTION OF CRITICAL INFRASTRUCTURE. (a) The division shall coordinate multi-agency, multi-jurisdictional, and public-private efforts to protect the critical infrastructure in this state from criminal actors and organizations. Within the 16 critical infrastructure sectors identified by National Security Memorandum on Critical Infrastructure Security and Resilience (NSM-22) issued by the president of the United States, the division shall prioritize the division's efforts in ensuring the physical protection of critical infrastructure in the following sectors:
(1) energy;
(2) communications;
(3) transportation systems; and
(4) water and wastewater systems.
(b) With respect to potential threats to the critical infrastructure in this state, the division may analyze and assess collected intelligence to produce information bulletins and other similar reports considered advisable.
(c) The division shall develop a system to identify and categorize critical infrastructure in this state for the purpose of facilitating initiatives to protect the critical infrastructure from criminal actors and organizations, including for facilitating any risk assessment of critical infrastructure assets or systems in this state and identifying any dependency or interdependency among those assets or systems.
(d) The division shall conduct exercises to enhance public-private coordination in protecting the critical infrastructure of this state from criminal actors and organizations.
(e) During any disaster, as that term is defined by Section 418.004, the division shall provide support to the state operations center described by Section 418.041(e).
Sec. 411.558. INFRASTRUCTURE LIAISON OFFICER PROGRAM. (a) The division shall operate a program to train volunteers from public and private organizations to:
(1) collect or receive intelligence information related to threats to critical infrastructure; and
(2) properly identify threats to critical infrastructure and report those threats to the department.
(b) The division may set reasonable eligibility requirements for the program.
Sec. 411.559. WORK GROUPS; STUDY OF TECHNOLOGIES. (a) The division may establish and appoint members to one or more work groups to:
(1) study any issue related to the division's duties or the law enforcement initiatives or operations of this state; and
(2) advise or produce written reports on an issue studied under Subdivision (1).
(b) A work group established under this section may be composed of representatives from state and federal agencies, local governments, and private organizations. The division may provide administrative support for any work group established under this section.
(c) The division shall, in collaboration with any person who by law performs similar duties, establish or operate work groups to study methods or technologies to enhance the border security operations of this state and the security of the critical infrastructure of this state, including any task force established to survey the vulnerabilities of state government, local governments, and critical infrastructure.
Sec. 411.560. RESEARCH. (a) The division shall annually propose to the commission the research priorities and a research agenda for the department.
(b) The division shall coordinate with institutions of higher education, as defined by Section 61.003, Education Code, to enhance the research capabilities of the institutions and the department by sharing information and aligning priorities.
(c) The division shall research new technologies to enhance the law enforcement initiatives and operations conducted by this state, including any border security operation conducted by a state agency, local government, or private organization.
Sec. 411.561. COUNSEL AND BUDGETING. (a) In this section, "homeland security activity" means any activity related to the prevention or discovery of, response to, or recovery from:
(1) a terrorist attack;
(2) a hostile military or paramilitary action; or
(3) an extraordinary law enforcement emergency.
(b) The division shall, on request, provide subject matter expertise and counsel to a state agency or local government regarding the state's border security operations and critical infrastructure protection initiatives, including related grant programs, legislation, risk management assessments, and other initiatives.
(c) The division shall confer with each state agency involved in any homeland security activity before each legislative session regarding the portion of the state agency's budget request that finances the agency's homeland security activities. The division shall coordinate with the state agencies to eliminate unnecessary redundancies and increase the efficiency of state agency efforts in conducting homeland security activities.
Sec. 411.562. GRANT AND REIMBURSEMENT PROGRAMS. (a) Notwithstanding any other law establishing a grant or reimbursement program administered by a state agency or local government related to preparedness against terrorist or criminal threats or to border security, the division shall, in collaboration with the governor, set priorities and guidelines for the program, including priorities for intended outcomes and guidelines for assessing the effectiveness of the program.
(b) In setting the priorities and guidelines under Subsection (a), the governor and division shall account for any federal grant money secured and any accompanying restrictions or requirements imposed by the federal agency awarding the grant.
Sec. 411.563. WEBSITE AND REPORTS. The division shall maintain a publicly accessible Internet website and publish assessments and other reports produced by the division that are not excepted from disclosure under Section 552.021 and not confidential.
Sec. 411.564. SENSITIVE INFORMATION PROVIDED BY PRIVATE ORGANIZATIONS. (a) If in performing any duty or exercising any authority under this subchapter the division or a work group or task force of the division is provided information by a private organization that the private organization considers highly sensitive, proprietary, or otherwise confidential and the private organization notifies in writing the division, work group, or task force of that fact:
(1) the information is not public information for purposes of Chapter 552, and is excepted from the requirements of Section 552.021; and
(2) the division or applicable work group or task force:
(A) shall secure the information in the same manner as the private organization secures the information; and
(B) may not further disclose the information without the consent of the private organization.
(b) If the division or a work group or task force of the division is required to disclose information described by Subsection (a) to comply with applicable state or federal law or a court order, the division or applicable work group or task force shall to the extent practicable:
(1) not later than the fifth business day before the date the information is disclosed, notify the private organization that provided the information of the required disclosure; and
(2) disclose the information in the same condition as the division or applicable work group or task force received the information, including providing any labels or other markings that were originally provided with the information.
SECTION 3. Section 421.024, Government Code, is amended to read as follows:
Sec. 421.024. DUTIES. The council shall, in collaboration with the Homeland Security Division of the Department of Public Safety, advise the governor on:
(1) the implementation of the governor's homeland security strategy by state and local agencies and provide specific suggestions for helping those agencies implement the strategy; and
(2) other matters related to the planning, development, coordination, and implementation of initiatives to promote the governor's homeland security strategy.
SECTION 4. Section 421.045, Government Code, is amended to read as follows:
Sec. 421.045. DUTIES. Each permanent special advisory committee created under this subchapter shall, in collaboration with the Homeland Security Division of the Department of Public Safety, advise the governor on:
(1) the implementation of the governor's homeland security strategy by state and local agencies and provide specific suggestions for helping those agencies implement the strategy;
(2) specific priorities related to the governor's homeland security strategy that the committee determines to be of significant importance to the statewide security of critical infrastructure; and
(3) other matters related to the planning, development, coordination, and implementation of initiatives to promote the governor's homeland security strategy.
SECTION 5. (a) In this section:
(1) "Department" means the Department of Public Safety.
(2) "Transferring agency" means a state agency that is required to transfer the management and operations of a center to the department under Subsection (b)(2) of this section.
(b) As soon as practicable after the effective date of this Act, the department shall:
(1) transfer the management and operations of the Border Security Operations Center and the Joint Operations and Intelligence Centers to the Texas Homeland Security Division in the department; and
(2) enter into a written agreement with any other state agency that, before the effective date of this Act, is involved in the management or operations of the centers described by Subdivision (1) of this subsection for the transfer of the management and operations of those centers to the division, including any land, facilities, equipment, and other property involved in the operations of the centers.
(c) The written agreement required by Subsection (b)(2) of this section must specify an effective date for the transfer.
(d) Any rules, policies, procedures, decisions, and forms of a transferring agency that relate to the management or operations of a center in effect on the effective date of the transfer remain in effect until changed by the department.
(e) All money, contracts, leases, property, software source code and documentation, records, and obligations of a transferring agency that relate to the management or operations of a center are transferred to the department on the effective date of the transfer.
(f) The unexpended and unobligated balance of any money appropriated by the legislature relating to a center transferred under this Act is transferred to the department on the effective date of the transfer of the center.
(g) A transferring agency shall provide the department with access to any systems, facilities, or information necessary for the department to accept the management and operations of a center transferred under this Act.
(h) On the effective date of the transfer, all full-time equivalent employee positions at the transferring agency that concern the management or operations of a center being transferred become positions at the department. The department shall post the positions for hiring and, when filling the positions, shall give consideration to, but is not required to hire, an applicant who, immediately before the date of the transfer, was an employee at a transferring agency.
SECTION 6. This Act takes effect September 1, 2025.
Floor Amendment No. 1
Amend CSSB 36 (house committee report) by striking added Section 411.562, Government Code (page 9, lines 16 through 27), and renumbering the sections of added Subchapter S, Chapter 411, Government Code, and cross-references to those sections accordingly.
The amendments were read.
Senator Parker moved to concur in the House amendments to SB 36.
The motion prevailed by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Creighton, Eckhardt, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Cook, Gutierrez, Menéndez.
SENATE BILL 2405 WITH HOUSE AMENDMENT
Senator Parker called SB 2405 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.
Amendment
Amend SB 2405 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Board of Criminal Justice and the Texas Department of Criminal Justice and to the functions of the Board of Pardons and Paroles, the Correctional Managed Health Care Committee, the Texas Correctional Office on Offenders with Medical or Mental Impairments, and the Windham School District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2A.001, Code of Criminal Procedure, is amended to read as follows:
Art. 2A.001. PEACE OFFICERS GENERALLY. The following are peace officers:
(1) a sheriff, a sheriff's deputy, or a reserve deputy sheriff who holds a permanent peace officer license issued under Chapter 1701, Occupations Code;
(2) a constable, a deputy constable, or a reserve deputy constable who holds a permanent peace officer license issued under Chapter 1701, Occupations Code;
(3) a marshal or police officer of a municipality or a reserve municipal police officer who holds a permanent peace officer license issued under Chapter 1701, Occupations Code;
(4) a ranger, officer, or member of the reserve officer corps commissioned by the Public Safety Commission and the director of the Department of Public Safety;
(5) an investigator of a district attorney's, criminal district attorney's, or county attorney's office;
(6) a law enforcement agent of the Texas Alcoholic Beverage Commission;
(7) a member of an arson investigating unit commissioned by a municipality, a county, or the state;
(8) an officer commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;
(9) an officer commissioned by the Texas Facilities Commission;
(10) a law enforcement officer commissioned by the Parks and Wildlife Commission;
(11) an officer commissioned under Chapter 23, Transportation Code;
(12) a municipal park and recreational patrol officer or security officer;
(13) a security officer or investigator commissioned as a peace officer by the comptroller;
(14) an officer commissioned by a water control and improvement district under Section 49.216, Water Code;
(15) an officer commissioned by a board of trustees under Chapter 54, Transportation Code;
(16) an investigator commissioned by the Texas Medical Board;
(17) an officer commissioned by:
(A) the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County Hospital District under Section 1024.117, Special District Local Laws Code;
(C) the board of directors of the Midland County Hospital District of Midland County, Texas, under Section 1061.121, Special District Local Laws Code; or
(D) the board of hospital managers of the Lubbock County Hospital District of Lubbock County, Texas, under Section 1053.113, Special District Local Laws Code;
(18) a county park ranger commissioned under Subchapter E, Chapter 351, Local Government Code;
(19) an investigator employed by the Texas Racing Commission;
(20) an officer commissioned under Chapter 554, Occupations Code;
(21) an officer commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or a regional transportation authority under Section 452.110, Transportation Code;
(22) an investigator commissioned by the attorney general under Section 402.009, Government Code;
(23) a security officer or investigator commissioned as a peace officer under Chapter 466, Government Code;
(24) an officer appointed by an appellate court under Subchapter F, Chapter 53, Government Code;
(25) an officer commissioned by the state fire marshal under Chapter 417, Government Code;
(26) an investigator commissioned by the commissioner of insurance under Section 701.104, Insurance Code;
(27) an apprehension specialist or inspector general commissioned by the Texas Juvenile Justice Department as an officer under Section 242.102 or 243.052, Human Resources Code;
(28) an officer commissioned [appointed] by the inspector general [of the Texas Department of Criminal Justice] under Section 493.019, Government Code;
(29) an investigator commissioned by the Texas Commission on Law Enforcement under Section 1701.160, Occupations Code;
(30) a fire marshal or any related officer, inspector, or investigator commissioned by a county under Subchapter B, Chapter 352, Local Government Code;
(31) a fire marshal or any officer, inspector, or investigator commissioned by an emergency services district under Chapter 775, Health and Safety Code;
(32) an officer commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section; and
(33) an investigator commissioned by the Texas Juvenile Justice Department as an officer under Section 221.011, Human Resources Code.
SECTION 2. Article 66.351, Code of Criminal Procedure, is amended to read as follows:
Art. 66.351. BIENNIAL PLANS. The Department of Public Safety and the Texas Department of Criminal Justice, with advice from [the council and] the Department of Information Resources, shall develop biennial plans to:
(1) improve the reporting and accuracy of the criminal justice information system; and
(2) develop and maintain monitoring systems capable of identifying missing information.
SECTION 3. Articles 66.352(a), (c), (d), (e), and (f), Code of Criminal Procedure, are amended to read as follows:
(a) At least once during each five-year period, the state auditor [council] shall conduct [coordinate] an examination of the records and operations of the criminal justice information system to ensure:
(1) the accuracy and completeness of information in the system; and
(2) the promptness of information reporting.
(c) The [council, the] Department of Public Safety[,] and the Texas Department of Criminal Justice may examine the records of the agencies required to report information to the Department of Public Safety or the Texas Department of Criminal Justice.
(d) The state auditor [examining entity under Subsection (b)] shall submit to the legislature and the governor [council] a report that summarizes the findings of each examination and contains recommendations for improving the criminal justice information system.
(e) Not later than the first anniversary of the date the state auditor [examining entity under Subsection (b)] submits a report under Subsection (d), the Department of Public Safety shall report to the Legislative Budget Board and[,] the governor[, and the council] the department's progress in implementing the state auditor's [examining entity's] recommendations, including the reason for not implementing any recommendation.
(f) Each year following the submission of the report described by Subsection (e), the Department of Public Safety shall submit a similar report until each of the state auditor's [examining entity's] recommendations is implemented.
SECTION 4. Section 19.003, Education Code, is amended to read as follows:
Sec. 19.003. GOALS OF THE DISTRICT. The goals of the district in educating its students are to:
(1) reduce recidivism;
(2) reduce the cost of confinement or imprisonment;
(3) increase the success of former students [inmates] in obtaining and maintaining employment; and
(4) provide an incentive to students [inmates] to behave in positive ways during confinement or imprisonment.
SECTION 5. Section 19.004(c), Education Code, is amended to read as follows:
(c) The district shall:
(1) develop educational programs specifically designed for persons eligible under Section 19.005 and ensure that those programs, such as a high school equivalency program [GED] and an English as a second language program [ESL], are integrated with an applied career and technical [vocational] context leading to employment;
(2) [(1-a)] develop career and technical education [vocational training] programs specifically designed for persons eligible under Section 19.005 and prioritize the programs that result in certification or licensure, considering the impact that a previous felony conviction has on the ability to secure certification, licensure, and employment;
(3) [(1-b)] continually assess job markets in this state and update, augment, and expand the career and technical education [vocational training] programs developed under Subdivision (2) [(1-a)] as necessary to provide relevant and marketable skills to students; and
(4) [(2)] coordinate educational programs and services in the department with those provided by other state agencies, by political subdivisions, and by persons who provide programs and services under contract.
SECTION 6. Section 19.0041(a), Education Code, is amended to read as follows:
(a) To evaluate the effectiveness of its programs, the Windham School District shall compile and analyze information for each of its programs, including performance-based information and data related to academic, career and technical education [vocational training], [and] life skills, and postsecondary education programs. This information shall be disaggregated by sex and include for each person who participates in district programs an evaluation of:
(1) institutional disciplinary violations;
(2) subsequent arrests;
(3) subsequent convictions or confinements;
(4) the cost of confinement;
(5) educational achievement;
(6) high school equivalency examination passage;
(7) the kind of training services provided;
(8) the kind of employment the person obtains on release;
(9) whether the employment was related to training;
(10) the difference between the amount of the person's earnings on the date employment is obtained following release and the amount of those earnings on the first anniversary of that date; [and]
(11) the retention factors associated with the employment; and
(12) the number and percentage of students who completed training in a regulated industry who applied for and were issued or denied a certificate or license by a state agency.
SECTION 7. Section 19.0042, Education Code, is amended to read as follows:
Sec. 19.0042. INFORMATION TO BE PROVIDED BY DISTRICT BEFORE CAREER AND TECHNICAL EDUCATION [VOCATIONAL TRAINING] PROGRAM ENROLLMENT. Before a person described by Section 19.005 enrolls in a district career and technical education [vocational training] program, the district must inform the person in writing of:
(1) any rule or policy of a state agency that would impose a restriction or prohibition on the person in obtaining a certificate or license in connection with the career and technical education [vocational training] program;
(2) the total number of district students released during the preceding 10 years who have completed a district career and technical education [vocational training] program that allows for an opportunity to apply for a certificate or license from a state agency and, of those students:
(A) the number who have applied for a certificate or license from a state agency;
(B) the number who have been issued a certificate or license by a state agency; and
(C) the number who have been denied a certificate or license by a state agency; and
(3) the procedures for:
(A) requesting a criminal history evaluation letter under Section 53.102, Occupations Code;
(B) providing evidence of fitness to perform the duties and discharge the responsibilities of a licensed occupation for purposes of Section 53.023, Occupations Code; and
(C) appealing a state agency's denial of a certificate or license, including deadlines and due process requirements:
(i) to the State Office of Administrative Hearings under Subchapter C, Chapter 2001, Government Code; and
(ii) through any other available avenue.
SECTION 8. Section 19.010(a), Education Code, is amended to read as follows:
(a) The district shall propose, and the board shall adopt with any modification the board finds necessary, a strategic plan that includes:
(1) a mission statement relating to the goals and duties of the district under this chapter;
(2) goals to be met by the district in carrying out the mission stated; and
(3) specific educational, career and technical education [vocational training], and counseling programs to be conducted by the district to meet the goals stated in the plan.
SECTION 9. Section 19.011, Education Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:
(b) The district shall coordinate career and technical [vocational] education and job training programs with a local workforce development board authorized by the Texas Workforce Commission to ensure that district students are equipped with the skills necessary to compete for current and emerging jobs.
(c) The district may enter into an agreement with a governmental entity, including the Texas Workforce Commission, the Department of Public Safety, the Texas Department of Licensing and Regulation, other regulatory entities, or the Texas Higher Education Coordinating Board, to obtain and share data necessary to support and evaluate district and postsecondary education programs within the department.
SECTION 10. Chapter 19, Education Code, is amended by adding Sections 19.012 and 19.013 to read as follows:
Sec. 19.012. POSTSECONDARY EDUCATION. The district and the department shall enter into a memorandum of understanding for postsecondary education programs to be administered by the district.
Sec. 19.013. POSTSECONDARY EDUCATION ADVISORY BOARD. (a) The district shall establish a postsecondary education advisory board to advise the district and the department regarding postsecondary education programs.
(b) The advisory board is composed of members who are relevant stakeholders, including representatives of:
(1) the Texas Higher Education Coordinating Board;
(2) the Texas Department of Licensing and Regulation;
(3) the Texas Workforce Commission;
(4) public institutions of higher education on a rotating basis;
(5) an organization that represents the families of students participating in postsecondary education programs administered by the district;
(6) an organization that advocates for the education of students participating in postsecondary education programs administered by the district; and
(7) current or former student participants in postsecondary education programs administered by the district.
SECTION 11. Section 491.001(a), Government Code, is amended by amending Subdivisions (6) and (7) and adding Subdivision (6-a) to read as follows:
(6) "Office of the independent auditor [Internal audit division]" means the office of the independent auditor established under Section 493.0052 [internal audit division of the department].
(6-a) "Office of the inspector general" means the office of the inspector general established under Section 493.019.
(7) "Parole [Pardons and paroles] division" means the parole [pardons and paroles] division of the department.
SECTION 12. Section 491.001(b)(1), Government Code, is amended to read as follows:
(1) "Board of Pardons and Paroles" means:
(A) the Board of Pardons and Paroles in any statute relating to a subject under the board's jurisdiction as provided by Chapter 508; or
(B) the parole [pardons and paroles] division in any statute relating to a subject under the division's jurisdiction as provided by Chapter 508.
SECTION 13. Section 492.002(a), Government Code, is amended to read as follows:
(a) The board is composed of nine members appointed by the governor with the advice and consent of the senate. At least two members must have significant business or corporate experience. The governor may not appoint more than two members who reside in an area encompassed by the same administrative judicial region, as determined by Section 74.042.
SECTION 14. Section 492.0031, Government Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:
(b) The training program must provide the person with information regarding:
(1) the law governing board and [legislation that created the] department operations [and the board];
(2) the programs, functions, rules, and budget of [operated by] the department;
(3) the scope of and limitations on the rulemaking authority [role and functions] of the board [department];
(4) [the rules of the department, with an emphasis on the rules that relate to disciplinary and investigatory authority;
[(5)
the current budget for the department;
[(6)] the results of the most recent formal audit of the department;
(5) [(7)] the requirements of:
(A) the laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest [law, Chapter 551]; and
(B) other laws applicable to members of a state policy-making body in performing their duties [the public information law, Chapter 552;
[(C)
the administrative procedure law, Chapter 2001; and
[(D)
other laws relating to public officials, including conflict of interest laws]; and
(6) [(8)] any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(d) The executive director shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each member of the board. Each member of the board shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
SECTION 15. Section 492.012, Government Code, is amended to read as follows:
Sec. 492.012. SUNSET PROVISION. The Texas Board of Criminal Justice and the Texas Department of Criminal Justice are subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board and the department are abolished September 1, 2037 [2025].
SECTION 16. Section 492.013, Government Code, is amended by amending Subsections (a), (c), and (e) and adding Subsections (a-1) and (b-1) to read as follows:
(a) The board shall maintain oversight and supervision of the following independent reporting entities:
(1) the office of the independent auditor;
(2) the office of the independent ombudsman;
(3) the office of the inspector general;
(4) the office of the ombudsperson appointed under Section 501.172; and
(5) the office providing legal representation under Article 26.051, Code of Criminal Procedure, and Section 841.005, Health and Safety Code.
(a-1) The board may adopt rules as necessary for its own procedures and for operation of the department and the independent reporting entities.
(b-1) The board shall employ a director for each independent reporting entity, and each director serves at the pleasure of the board.
(c) The board shall approve the operating budget of and requests for appropriations for the department and the independent reporting entities [and the department's request for appropriations].
(e) The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the department and the independent reporting entities.
SECTION 17. Section 493.002(a), Government Code, is amended to read as follows:
(a) The following divisions are within the department:
(1) the community justice assistance division;
(2) the institutional division;
(3) the parole [pardons and paroles] division; and
(4) [the state jail division;
[(5)
the internal audit division; and
[(6)] the rehabilitation and reentry [programs and services] division.
SECTION 18. Section 493.0021(a), Government Code, is amended to read as follows:
(a) Notwithstanding Sections 493.002, 493.003, 493.004, 493.005, [493.0051,] 493.0052, [as added by Chapter 1360, Acts of the 75th Legislature, Regular Session, 1997,] and 493.0053 [493.0052, as added by Chapter 490, Acts of the 75th Legislature, Regular Session, 1997], the executive director, with the approval of the board, may:
(1) create divisions in addition to those listed in Section 493.002 and assign to the newly created divisions any duties and powers imposed on or granted to an existing division or to the department generally;
(2) eliminate any division listed in Section 493.002 or created under this section and assign any duties or powers previously assigned to the eliminated division to another division listed in Section 493.002 or created under this section; or
(3) eliminate all divisions listed in Section 493.002 or created under this section and reorganize the distribution of powers and duties granted to or imposed on a division in any manner the executive director determines is best for the proper administration of the department.
SECTION 19. Section 493.004, Government Code, is amended to read as follows:
Sec. 493.004. INSTITUTIONAL DIVISION. The institutional division shall operate and manage:
(1) the state prison system; and
(2) state jails to confine defendants described by Section 507.002.
SECTION 20. Section 493.005, Government Code, is amended to read as follows:
Sec. 493.005. PAROLE [PARDONS AND PAROLES] DIVISION. The parole [pardons and paroles] division shall supervise and reintegrate individuals [felons] into society after release from confinement.
SECTION 21. Section 493.0052, Government Code, is amended to read as follows:
Sec. 493.0052. OFFICE OF THE INDEPENDENT AUDITOR [INTERNAL AUDIT DIVISION]. (a) The office of the independent auditor is established under the supervision of the board.
(b) The board shall hire a director for the office of the independent auditor [internal audit division]. The employment of the director may be terminated only with the approval of the board.
(c) [(b)] The office of the independent auditor [internal audit division] shall conduct a program of internal auditing in accordance with Chapter 2102. The program may include internal audits, contract audits, and community supervision and corrections department audits for the department. The office [division] shall:
(1) conduct recurring financial and management audits;
(2) conduct internal audits to evaluate department programs and the economy and efficiency of those programs; and
(3) recommend improvements in management and programs on the basis of evaluations made under this subsection.
(d) [(c)] The director of the office of the independent auditor [internal audit division] shall send reports, audits, evaluations, and recommendations to the board and to the executive director. The director shall report directly to the board at least once a year on:
(1) the activities of the office [division]; and
(2) the response of the department to recommendations made by the office [division].
(e) [(d)] The director shall report directly to the board on other matters at the times required by board policy.
SECTION 22. Section 493.0053, Government Code, is amended to read as follows:
Sec. 493.0053. REHABILITATION AND REENTRY [PROGRAMS AND SERVICES] DIVISION. (a) The rehabilitation and reentry [programs and services] division shall administer those rehabilitation and reintegration programs and services designated by the board under Subsection (b).
(b) The board shall determine which programs and services operating under the authority of the department are designed for the primary purpose of rehabilitating inmates and shall designate those programs and services as programs and services provided under the direction of the rehabilitation and reentry [programs and services] division.
SECTION 23. Section 493.0083, Government Code, is amended to read as follows:
Sec. 493.0083. PROGRAM EVALUATION CAPABILITY. The department shall maintain a program evaluation capability separate from the rehabilitation and reentry [programs and services] division to determine the effectiveness of rehabilitation and reintegration programs and services provided to inmates and other offenders under the jurisdiction of the department.
SECTION 24. Chapter 493, Government Code, is amended by adding Section 493.0084 to read as follows:
Sec. 493.0084. INVENTORY AND EVALUATION OF ACTIVE PROGRAMS. (a) The department shall develop and maintain a comprehensive inventory of active programs and activities offered in department facilities that includes the following information for each program:
(1) program goals;
(2) program capacity; and
(3) facilities where the program is offered.
(b) The department shall make the inventory available to the public on the department's Internet website and continuously update the inventory.
(c) The department shall collect and analyze data for the programs described by Subsection (a) to provide oversight of the programs and to improve program offerings.
(d) In carrying out the department's duties under Subsection (c), the department shall:
(1) for programs claiming rehabilitative or reentry effects:
(A) collect results-based performance data;
(B) work with qualified internal or external researchers to develop criteria to evaluate the programs; and
(C) use the criteria developed under Paragraph (B) to evaluate the programs, including the data described by Paragraph (A);
(2) create a separate correctional elective programs and activities category for non-evidence-based and non-evidence-informed programs and develop criteria to evaluate the programs;
(3) collect and analyze relevant data for program participants in programs claiming rehabilitative or reentry effects, such as:
(A) institutional disciplinary violations;
(B) subsequent arrests;
(C) subsequent convictions or confinements;
(D) employment obtained following release; and
(E) cost of confinement; and
(4) use the data described by Subdivision (3) to produce and compare recidivism rates and other correctional impact trends and to make changes to the programs as needed.
(e) The department may make structural or programmatic adjustments to improve program performance in response to a program evaluation under this section indicating poor program performance.
(f) Not later than December 1 of each even-numbered year, the department shall submit a report on the department's analysis of programs described by Subsection (a) to the board, the Board of Pardons and Paroles, the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature with primary jurisdiction over the department.
(g) The department may enter into a memorandum of understanding with other entities, including the Texas Workforce Commission, the Office of Court Administration of the Texas Judicial System, the Department of Public Safety, the Texas Department of Licensing and Regulation, other regulatory entities, and institutions of higher education, to obtain and share data necessary to evaluate programs under this section.
SECTION 25. Section 493.009(f)(4), Government Code, is amended to read as follows:
(4) The department, immediately on receiving notice, shall request the parole [pardons and paroles] division to reassume custody of the defendant if the defendant was required to participate in the program following modification of parole. The parole [pardons and paroles] division shall immediately take action in accordance with established policies and procedures of the Board of Pardons and Paroles to remove the defendant from the program. If a parole panel revokes the defendant's parole, the admission of the defendant to the institutional division is an admission for which the department must account in the scheduled admissions policy established under Section 499.071.
SECTION 26. Section 493.016(d), Government Code, is amended to read as follows:
(d) The department shall provide notice [a written copy] of the department's policies and procedures relating to complaint investigation and resolution to:
(1) all department employees; and
(2) each person filing a complaint.
SECTION 27. Section 493.019, Government Code, is amended to read as follows:
Sec. 493.019. OFFICE OF THE INSPECTOR GENERAL [ENFORCEMENT OFFICERS]. (a) The office of the inspector general is established under the direction of the board as an independent law enforcement agency and is responsible for preventing and investigating:
(1) offenses committed by department employees and inmates; and
(2) offenses committed at a facility operated by or under contract with the department or at any facility in which an individual in the custody of the department is housed or receives medical or mental health treatment, including:
(A) unauthorized or illegal entry into a department facility;
(B) the introduction of contraband into a department facility;
(C) escape from a department facility and parole absconders;
(D) organized criminal activity; and
(E) violations of department policy or procedure.
(b) The board shall employ a commissioned peace officer as the inspector general, who may be terminated by board action.
(c) The inspector general may employ and commission [appoint employees who are certified by the Texas Commission on Law Enforcement as qualified to be] peace officers for the purpose of carrying out the duties described by this section [to serve under the direction of the inspector general and assist the inspector general in performing the enforcement duties of the department].
(d) Peace officers employed and commissioned under Subsection (c) must:
(1) be licensed as an officer under Chapter 1701, Occupations Code; and
(2) complete advanced courses relating to the duties of peace officers employed and commissioned under Subsection (c) as part of any continuing education requirements for the peace officers.
(e) The office of the inspector general shall work cooperatively with other law enforcement agencies while performing its duties under this section or other law.
SECTION 28. Chapter 493, Government Code, is amended by adding Section 493.036 to read as follows:
Sec. 493.036. LONG-TERM FACILITIES PLAN. (a) The department shall prepare a 10-year plan that identifies the department's facility and capacity needs.
(b) In developing the plan under Subsection (a), the department:
(1) must consider the various regional needs of the state, including any ancillary or community benefits associated with department facilities; and
(2) may contract with a third party as needed.
(c) Not later than December 1, 2026, and every fourth anniversary of that date, the department shall submit:
(1) the plan to the board for approval; and
(2) the approved plan to the governor, the lieutenant governor, the speaker of the house of representatives, and each standing legislative committee with jurisdiction over appropriations or the department.
SECTION 29. Section 497.022, Government Code, is amended to read as follows:
Sec. 497.022. CONTRACTS. The department may contract with:
(1) another state, the federal government, a foreign government, or an agency of any of those governments to manufacture for or sell to those governments prison-made articles or products;
(2) a private or independent institution of higher education to manufacture for or sell to that school or institution prison-made articles or products; or
(3) a private school or a [visually handicapped] person with visual impairment in this state to manufacture Braille textbooks or other instructional aids for the education of [visually handicapped] persons with visual impairment.
SECTION 30. Section 497.094(b), Government Code, is amended to read as follows:
(b) The department and the Texas Workforce Investment Council by rule shall adopt a memorandum of understanding that establishes the respective responsibility of those entities to provide through local workforce development boards job training and employment assistance to persons formerly sentenced to the custody of the department [institutional division or the state jail division] and information on services available to employers or potential employers of those persons. The department shall coordinate the development of the memorandum of understanding.
SECTION 31. Section 497.112, Government Code, is amended to read as follows:
Sec. 497.112. AGRICULTURAL EFFICIENCY AND ECONOMY. (a) The department [institutional division] shall review annually the department's agricultural operations [of the division]. The review must include:
(1) a cost-effectiveness analysis of all agricultural programs;
(2) a determination as to whether the department [institutional division] could more economically purchase certain agricultural products rather than produce those products; and
(3) a determination as to whether certain agricultural operations performed by inmates could be mechanized, taking into account whether mechanization would adversely affect security or inmate discipline.
(b) The department [institutional division] shall use the information provided by the annual review in developing and improving agricultural operations.
(c) The department [institutional division] shall provide the board with a copy of the annual review required by this section.
SECTION 32. Section 498.001(1), Government Code, is amended to read as follows:
(1) "Inmate" means a person imprisoned by order of a court, whether the person is actually imprisoned in a facility operated by or under contract with the institutional division or is under the supervision or custody of the parole [pardons and paroles] division.
SECTION 33. Section 499.001(3), Government Code, is amended to read as follows:
(3) "Pre-parolee" means an eligible inmate of whom the parole [pardons and paroles] division has assumed custody.
SECTION 34. Sections 499.002(a) and (b), Government Code, are amended to read as follows:
(a) The parole [pardons and paroles] division may assume custody of an eligible inmate not more than one year before the inmate's presumptive parole date or mandatory supervision release date. The eligible inmate becomes a pre-parolee on the date the parole [pardons and paroles] division assumes custody, and the parole [pardons and paroles] division immediately shall transfer the pre-parolee to a community residential facility. Except as otherwise provided by this subchapter, the pre-parolee may serve the remainder of the pre-parolee's sentence before release on parole in the facility designated by the parole [pardons and paroles] division.
(b) At the time of the transfer of the pre-parolee, the parole [pardons and paroles] division shall designate a community residential facility as the pre-parolee's assigned unit of confinement.
SECTION 35. Sections 499.0021(b) and (c), Government Code, are amended to read as follows:
(b) The parole [pardons and paroles] division may assume custody of an inmate who is eligible for transfer under this section not earlier than one year before the inmate's presumptive parole date. The inmate becomes a pre-parolee on the date the parole [pardons and paroles] division assumes custody, and the parole [pardons and paroles] division immediately shall transfer the pre-parolee to a facility under contract with the department, which may be a community residential facility, a community corrections facility listed in Section 509.001, or a county correctional facility. A pre-parolee transferred under this section is considered to be in the actual physical custody of the parole [pardons and paroles] division.
(c) A pre-parolee transferred by the parole [pardons and paroles] division to a facility under this section is subject to the provisions of Sections 499.002(c), 499.004, and 499.005 in the same manner as if the person were a pre-parolee who had been transferred to a community residential facility under Section 499.002.
SECTION 36. Sections 499.003(b), (c), and (d), Government Code, are amended to read as follows:
(b) The parole [pardons and paroles] division may authorize the transfer of an eligible person from a jail in this state, a federal correctional institution, or a jail or correctional institution in another state to a secure community residential facility designated by the parole [pardons and paroles] division not more than one year before the person's presumptive parole date or mandatory supervision release date. A person transferred under this section is considered to be in the actual physical custody of the parole [pardons and paroles] division.
(c) A person transferred by the parole [pardons and paroles] division to a secure community residential facility is subject to the provisions of Sections 499.002(c), 499.004, and 499.005 in the same manner as if the person is a pre-parolee who had been transferred to a community residential facility under Section 499.002.
(d) The parole [pardons and paroles] division may request of a sheriff that the sheriff forward to the parole [pardons and paroles] division copies of any records possessed by the sheriff that are relevant to the parole [pardons and paroles] division in its determination as to whether to transfer a person from the county jail to a secure community residential facility, and the parole [pardons and paroles] division shall request the sheriff to forward to the institutional division and to the parole [pardons and paroles] division the information relating to the defendant the sheriff would be required under Section 8, Article 42.09, Code of Criminal Procedure, to deliver to the department had the defendant been transferred to the institutional division. The parole [pardons and paroles] division shall determine whether the information forwarded by the sheriff contains a thumbprint taken from the person in the manner provided by Article 38.33, Code of Criminal Procedure, and, if not, the parole [pardons and paroles] division shall obtain a thumbprint in the manner provided by that article, and shall forward the thumbprint to the institutional division for inclusion with the information sent by the sheriff. The sheriff shall comply with a request from the parole [pardons and paroles] division made under this subsection.
SECTION 37. Sections 499.004(b), (c), and (d), Government Code, are amended to read as follows:
(b) On transfer, the pre-parolee is subject to supervision by the parole [pardons and paroles] division and shall obey the orders of the Board of Pardons and Paroles and the parole [pardons and paroles] division.
(c) A facility director or designee of a facility director shall immediately report to the parole [pardons and paroles] division in writing if the director or designee believes that a pre-parolee has violated the terms of the pre-parolee's transfer agreement or the rules of the facility. The parole [pardons and paroles] division may require an agent of the parole [pardons and paroles] division or the community residential facility to conduct a hearing.
(d) If the parole [pardons and paroles] division has an administrative need to deliver the pre-parolee to the custody of the institutional division or if after a disciplinary hearing the parole [pardons and paroles] division concurs that a violation has occurred, the parole [pardons and paroles] division may deliver the pre-parolee to the actual custody of the institutional division and the institutional division may assign the pre-parolee to a regular unit of the institutional division. If the parole [pardons and paroles] division recommends rescission or revision of the pre-parolee's presumptive parole date, a parole panel shall rescind or revise the date unless it determines the action is inappropriate.
SECTION 38. Sections 499.022(a) and (c), Government Code, are amended to read as follows:
(a) The purpose of this subchapter is to:
(1) allow the department [institutional division] the flexibility to house inmates in appropriate settings and determine the proper amount of available housing; and
(2) provide the executive branch with alternatives to appropriately balance population, consistent with the intent of this subchapter, if the population of the department [division] reaches 95 percent of capacity or if a backlog of convicted felons exists in the county jails in this state, as determined by this subchapter.
(c) This subchapter does not:
(1) create a right on the part of an inmate confined in the department [institutional division] to serve the inmate's sentence in a department with a population below 95 percent of capacity, as determined by this subchapter;
(2) grant to an inmate the right to be released or to be considered for release if the inmate population of the department [division] reaches 95 percent of capacity as determined under this subchapter;
(3) require a population level below 95 percent of capacity as determined by this subchapter; or
(4) require the board or the Board of Pardons and Paroles to take an action under this subchapter because a backlog of convicted felons exists in the county jails in this state.
SECTION 39. Sections 499.025(a) and (b), Government Code, are amended to read as follows:
(a) If the inmate population of the department [institutional division] reaches 99 percent or more of capacity, the executive director shall immediately notify [the executive director and] the board in writing of that fact. Until the inmate population is reduced to less than 99 percent of capacity, the executive director shall make a weekly written report to [the executive director and] the board stating the extent to which the inmate population is less than, equal to, or in excess of capacity.
(b) If the inmate population of the department [institutional division] reaches 100 percent of capacity or, if the board [attorney general] has authorized an increase in the permissible percentage of capacity under Section 499.109, the inmate population reaches that increased permissible percentage, the executive director shall immediately notify [the executive director,] the board[,] and the attorney general in writing of that fact. The attorney general shall certify to the board in writing as to whether the department [institutional division] has reached 100 percent of capacity or, if applicable, the increased permissible percentage. If the attorney general certifies that 100 percent of capacity has been reached or, if applicable, that the increased permissible percentage has been reached, the board shall immediately certify that an emergency overcrowding situation exists and direct the Board of Pardons and Paroles to proceed in the manner described by Subsection (c). If the Commission on Jail Standards determines that in any county jail in this state there exists an inmate awaiting transfer to the department [institutional division] following conviction of a felony or revocation of probation, parole, or release on mandatory supervision and for whom all paperwork and processing required for transfer have been completed for not less than 45 days, the board may direct the Board of Pardons and Paroles to proceed in the manner described by Subsection (c).
SECTION 40. Section 499.026(b), Government Code, is amended to read as follows:
(b) The authority of the board to take the actions listed in Section 499.025(b) continues until the attorney general, or if appropriate, the Commission on Jail Standards, certifies in writing to the board that the overcrowding crisis that produced the emergency certification under Section 499.025(b) has been resolved. If the board receives this certification from the attorney general or the Commission on Jail Standards under this subsection, the board shall immediately notify the parole [pardons and paroles] division that the emergency overcrowding situation no longer exists.
SECTION 41. Section 499.101, Government Code, is amended to read as follows:
Sec. 499.101. MAXIMUM CAPACITIES [EXISTING UNITS]. (a) The board by rule shall establish maximum capacities for the units in the department. [institutional division are as follows:
[Beto I
3,000
[Beto II
888
[Boyd
1,012
[Briscoe
1,012
[Central
720
[Clemens
851
[Clements
2,200
[Coffield
3,000
[Daniel
1,012
[Darrington
1,610
[Diagnostic
1,365
[Eastham
2,050
[Ellis I
1,900
[Ellis II
2,260
[Ferguson
2,100
[Gatesville
1,571
[Goree
1,058
[Hightower
1,012
[Hilltop
761
[Hobby
1,012
[Hughes
2,264
[Huntsville
1,705
[Jester I
323
[Jester II
378
[Jester III
908
[Lewis
1,012
[McConnell
2,264
[Michael
2,264
[Mountain View
718
[Pack I
864
[Pack II
1,088
[Panpa
1,012
[Ramsey I
1,400
[Ramsey II
850
[Ramsey III
1,000
[Retrieve
770
[Roach
1,012
[Robertson
2,264
[Smith
1,012
[Stiles
2,264
[Terrell
2,264
[Torres
1,012
[Wynne
2,300]
(b) It is the intent of the legislature that as case law evolves and indicates that maximum capacities for units in the department [established under Subsection (a)] may be increased, the staff of the department [institutional division] shall use the procedures established by this subchapter to increase those capacities. There shall be no cause of action against the institutional division for failure to take action under this subsection.
SECTION 42. Section 499.102, Government Code, is amended to read as follows:
Sec. 499.102. STAFF DETERMINATIONS AND RECOMMENDATIONS. (a) The staff of the department [institutional division], on its own initiative or as directed by the governor or the board, may recommend to the administration of the institutional division that the maximum capacity [established under Section 499.101] for a unit be increased if the staff determines through written findings that the division can increase the maximum capacity and provide:
(1) proper inmate classification and housing within the unit that is consistent with the classification system;
(2) housing flexibility to allow necessary repairs and routine and preventive maintenance to be performed without compromising the classification system;
(3) adequate space in dayrooms;
(4) all meals within a reasonable time, allowing each inmate a reasonable time within which to eat;
(5) operable hygiene facilities that ensure the availability of a sufficient number of fixtures to serve the inmate population;
(6) adequate laundry services;
(7) sufficient staff to:
(A) meet operational and security needs;
(B) meet health care needs, including the needs of inmates requiring psychiatric care, inmates with an intellectual disability, and inmates with a physical disability;
(C) provide a safe environment for inmates and staff; and
(D) provide adequate internal affairs investigation and review;
(8) medical, dental, and psychiatric care adequate to ensure:
(A) minimal delays in delivery of service from the time sick call requests are made until the service is performed;
(B) access to regional medical facilities;
(C) access to the institutional division hospital at Galveston or contract facilities performing the same services;
(D) access to specialty clinics; and
(E) a sufficient number of psychiatric inpatient beds and sheltered beds for inmates with an intellectual disability;
(9) a fair disciplinary system that ensures due process and is adequate to ensure safety and order in the unit;
(10) work, vocational, academic, and on-the-job training programs that afford all eligible inmates with an opportunity to learn job skills or work habits that can be applied on release, appropriately staffed and of sufficient quality;
(11) a sufficient number and quality of nonprogrammatic and recreational activities for all eligible inmates who choose to participate;
(12) adequate assistance from persons trained in the law or a law library with a collection containing necessary materials and space adequate for inmates to use the law library for study related to legal matters;
(13) adequate space and staffing to permit contact and noncontact visitation of all eligible inmates;
(14) adequate maintenance programs to repair and prevent breakdowns caused by increased use of facilities and fixtures; and
(15) space and staff sufficient to provide all the services and facilities required by this section.
(b) The staff of the department [institutional division] shall request of the Legislative Budget Board an estimate of the initial cost of implementing the increase in capacity and the increase in operating costs of the unit for the five years immediately following the increase in capacity. The Legislative Budget Board shall provide the staff with the estimates, and the staff shall attach a copy of the estimates to the recommendations.
(c) The staff of the department [institutional division] may not take more than 90 days from the date the process is initiated to make recommendations on an increase in the maximum capacity for a unit under this section.
SECTION 43. Section 499.104, Government Code, is amended to read as follows:
Sec. 499.104. OFFICERS' REVIEW AND RECOMMENDATION. The executive director of the department, the director of the institutional division, the deputy director for operations, the deputy director for finance, the deputy director for programs, the division [deputy] director for health services, and the division [assistant] director for classification and inmate transportation [treatment] shall independently review staff recommendations for an increase in the maximum capacity of a unit and the written findings accompanying the recommendation. Not later than the 30th day after the date of accepting the comments of the other officers, if the executive director agrees that the new maximum capacity for the unit is supported by the findings, the executive director shall forward the recommendation and findings to the board.
SECTION 44. Section 499.105, Government Code, is amended to read as follows:
Sec. 499.105. BOARD REVIEW AND IMPLEMENTATION; NOTICE TO GOVERNOR [RECOMMENDATION]. The board shall review the recommendation and findings forwarded to the board under Section 499.104. Not later than the 60th day after the date the board receives the recommendation and findings, the board shall reject the recommendation or accept or modify the recommendation. The board may establish a new maximum capacity based on the accepted or modified recommendation. The board shall [and] forward the recommendation or modified recommendation and findings to the governor. The board may not modify the recommendation by increasing the maximum capacity specified in the recommendation.
SECTION 45. Section 499.108(b), Government Code, is amended to read as follows:
(b) Maximum capacity for a unit must be established under this section in the same manner as maximum capacity for a unit is increased under Sections 499.102, 499.104, and 499.105[, 499.106, and 499.107], except that time limits on official actions imposed by those sections do not apply.
SECTION 46. Section 499.109, Government Code, is amended to read as follows:
Sec. 499.109. SYSTEM CAPACITY. (a) The inmate population of the department [institutional division] may not exceed 100 percent of the combined capacities of each unit in the department [division], as determined by this subchapter.
(b) The board [attorney general] may authorize the department [institutional division] to increase the inmate population of the department [division] above 100 percent, but only if:
(1) the staff determines through written findings that the population may be increased without limiting the ability of the division to transfer inmates between units as necessary for classification, medical, and security purposes; and
(2) the administration of the department and[,] the board[, and the governor] approve of the increase, in the same manner as increases in capacity of individual units are approved under Sections 499.104 and[,] 499.105[, and 499.106].
(c) If the board [attorney general] authorizes the department [institutional division] to increase the inmate population of the department [division] above 100 percent, the department [institutional division] shall distribute the additional admissions permitted by the increase among counties or groups of counties in the same manner as regular admissions are distributed under the allocation formula.
SECTION 47. Subchapter F, Chapter 499, Government Code, is amended by adding Section 499.1214 to read as follows:
Sec. 499.1214. PEN PACKET SUBMISSION TRAINING. (a) The department shall develop and provide annual training for county employees on the submission of documents required before the department takes custody of a person being transferred from a county jail to the department, including documents required under Sections 8(a) and (c), Article 42.09, Code of Criminal Procedure.
(b) The training required under this section may be offered in person or online. Online training may be offered live or prerecorded.
SECTION 48. Section 499.156, Government Code, is amended to read as follows:
Sec. 499.156. VOCATIONAL TRAINING. The department shall adopt a policy under which a representative of a public or private entity, including a public or private institution of higher education, may provide vocational training on a voluntary basis to inmates [confined in a transfer facility authorized under this subchapter].
SECTION 49. Section 501.002, Government Code, is amended to read as follows:
Sec. 501.002. ASSAULT BY EMPLOYEE ON INMATE. If an employee of the department commits an assault on an inmate housed in a facility operated by or under contract with the department, the executive director shall refer the matter to an appropriate law enforcement [file a complaint with the proper] official [of the county in which the offense occurred]. If an employee is charged with an assault described by this section, an inmate or person who was an inmate at the time of the alleged offense may testify in a prosecution of the offense.
SECTION 50. Section 501.009, Government Code, is amended to read as follows:
Sec. 501.009. VOLUNTEER AND FAITH-BASED ORGANIZATIONS[; REPORT]. (a) The department shall adopt a policy that requires department staff [each warden] to identify volunteer and faith-based organizations that provide programs for inmates housed in facilities operated by the department. The policy must require the staff [each warden] to actively encourage volunteer and faith-based organizations to provide the following programs for inmates in department facilities [the warden's facility]:
(1) literacy and education programs;
(2) life skills programs;
(3) job skills programs;
(4) parent-training programs;
(5) drug and alcohol rehabilitation programs;
(6) support group programs;
(7) arts and crafts programs; and
(8) other programs determined by the department to aid inmates in the transition between confinement and society and to reduce incidence of recidivism among inmates.
(b) The policy must require the staff to solicit feedback from the warden and chaplains of each facility on the facility's needs regarding volunteer and faith-based organization provided programs.
(c) The department shall include in the biennial report required under Section 493.0084(f) [that each warden submit a report to the board not later than December 31 of each year that includes, for the preceding fiscal year,] a summary of:
(1) the programs provided to inmates under this section; and
(2) the actions taken [by the warden] to identify volunteer and faith-based organizations willing to provide programs to inmates and to encourage those organizations to provide programs in the department facilities [warden's facility].
SECTION 51. Sections 501.015(b) and (d), Government Code, are amended to read as follows:
(b) When an inmate is released on parole, mandatory supervision, or conditional pardon, the inmate is entitled to receive $100 from the department and transportation at the expense of the department to the location at which the inmate is required to report to a parole officer by the parole [pardons and paroles] division. The inmate shall receive $50 on [his] release from the institution and $50 on initially reporting to a parole officer at the location at which the inmate is required to report to a parole officer. If an inmate is released and is not required by the parole [pardons and paroles] division to report to a parole officer or is authorized by the parole [pardons and paroles] division to report to a location outside this state, the department shall provide the inmate with $100 and, at the expense of the department, transportation to:
(1) the location of the inmate's residence, if the residence is in this state; or
(2) a transit point determined appropriate by the department, if the inmate's residence is outside this state or the inmate is required by the parole [pardons and paroles] division to report to a location outside this state.
(d) The department [director of the institutional division] shall provide the comptroller with funds sufficient to maintain not less than $100,000 in a bank or banks in this state [Huntsville, Texas,] for the purpose of making prompt payments to inmates required by Subsection (b). Funds maintained in a bank under this subsection must be secured by bonds or other securities approved by the attorney general.
SECTION 52. Section 501.017(b), Government Code, is amended to read as follows:
(b) The department may not enforce a claim or lien established under this section if the inmate has a surviving spouse or a surviving dependent or child with a disability [disabled child].
SECTION 53. Section 501.054(h), Government Code, is amended to read as follows:
(h) The department shall report to the legislature not later than December 1 [January 15] of each even-numbered [odd-numbered] year concerning the implementation of this section and the participation of inmates and employees of the department in education programs established under this section.
SECTION 54. Section 501.055(a), Government Code, is amended to read as follows:
(a) If an inmate dies while in the custody of the department, an employee of the facility who is in charge of the inmate shall immediately notify the nearest justice of the peace serving in the county in which the inmate died and the office of inspector general [internal affairs for the department]. The justice shall personally inspect the body and make an inquiry as to the cause of death. The justice shall make written copies of evidence taken during the inquest, and give one copy to the director and one copy to a district judge serving in the county in which the inmate died. The judge shall provide the copy to the grand jury and, if the judge determines the evidence indicates wrongdoing, instruct the grand jury to thoroughly investigate the cause of death.
SECTION 55. Sections 501.057(a) and (b), Government Code, are amended to read as follows:
(a) The department shall establish a system to identify [mentally ill] inmates with mental illness who are nearing eligibility for release on parole.
(b) Not later than the 30th day before the initial parole eligibility date of an inmate identified as having a mental illness [mentally ill], an institutional division psychiatrist shall examine the inmate. The psychiatrist shall file a sworn application for court-ordered temporary mental health services under Chapter 574, Health and Safety Code, if the psychiatrist determines that the inmate has a mental illness [is mentally ill] and as a result of the illness the inmate meets at least one of the criteria listed in Section 574.034 or 574.0345, Health and Safety Code.
SECTION 56. The heading to Section 501.069, Government Code, is amended to read as follows:
Sec. 501.069. OFFENDERS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES [DEVELOPMENTALLY DISABLED OFFENDER PROGRAM].
SECTION 57. Section 501.092(i), Government Code, is amended to read as follows:
(i) Not later than December [September] 1 of each even-numbered year, the department shall deliver a report of the results of evaluations conducted under Subsection (b)(7) to the lieutenant governor, the speaker of the house of representatives, and each standing committee of the senate and house of representatives having primary jurisdiction over the department.
SECTION 58. Section 501.093(c), Government Code, is amended to read as follows:
(c) The memorandum of understanding must establish methods for:
(1) identifying inmates with a history of drug or alcohol abuse;
(2) notifying the parole [pardons and paroles] division and the Health and Human Services Commission as to when an inmate with a history of drug or alcohol abuse is to be released and as to the inmate's release destination;
(3) identifying the services needed by inmates with a history of drug or alcohol abuse to reenter the community successfully; and
(4) determining the manner in which each agency that participates in the establishment of the memorandum can share information about inmates and use that information to provide continuity of care.
SECTION 59. Section 501.095(c), Government Code, is amended to read as follows:
(c) The memorandum of understanding must establish methods for:
(1) identifying inmates with a history of chronic unemployment;
(2) notifying the parole [pardons and paroles] division and the commission as to when an inmate with a history of chronic unemployment is to be released and as to the inmate's release destination;
(3) identifying the services needed by inmates with a history of chronic unemployment to reenter the community successfully; and
(4) determining the manner in which each agency that participates in the establishment of the memorandum can share information about inmates and use that information to provide continuity of care.
SECTION 60. Subchapter C, Chapter 501, Government Code, is amended by adding Section 501.104 to read as follows:
Sec. 501.104. STRATEGIC PLAN FOR REHABILITATION AND REENTRY PROGRAMS. (a) In this section, "parole-voted program" has the meaning assigned by Section 508.1521.
(b) The department and the Windham School District shall jointly develop a strategic plan for the provision of rehabilitation and reentry programs to inmates. The strategic plan must include program objectives and timelines intended to:
(1) increase program efficiencies, including eliminating delays in placing inmates into parole-voted programs;
(2) reduce program redundancies;
(3) incorporate new evidence-based and evidence-informed program approaches; and
(4) incorporate technology-based solutions.
(b-1) The strategic plan must include clear steps and timelines to reduce, by September 1, 2027, overall parole-voted program placement timelines by at least 50 percent compared to the timelines on August 31, 2023. This subsection expires December 31, 2027.
(c) In developing the strategic plan, the department shall evaluate therapeutic service contracts and obligations and renegotiate the contracts and obligations as necessary to meet current and projected program needs.
(d) The department and the Windham School District shall jointly update the strategic plan at least once every five years.
(e) Not later than December 1 of each even-numbered year, the department and the Windham School District shall submit a joint report on the implementation of the strategic plan to the board, the Board of Pardons and Paroles, the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature with primary jurisdiction over the department.
(f) In preparing the report under Subsection (e), the department and the Windham School District shall consider the most recent report prepared under Section 501.103.
SECTION 61. Section 501.138(c), Government Code, is amended to read as follows:
(c) If the executive director [managed health care administrator] has knowledge that a potential ground for removal exists, the executive director [administrator] shall notify the presiding officer of the committee of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director [managed health care administrator] shall notify the next highest ranking officer of the committee, who shall then notify the governor and the attorney general that a potential ground for removal exists.
SECTION 62. Section 501.140, Government Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:
(b) The training program must provide the person with information regarding:
(1) the law governing committee operations [legislation that created the committee];
(2) the programs, functions, rules, and budget of [operated by] the committee;
(3) the scope of and limitations on the rulemaking authority [role and functions] of the committee;
(4) [the rules of the committee with an emphasis on the rules that relate to disciplinary and investigatory authority;
[(5)
the current budget for the committee;
[(6)] the results of the most recent formal audit of the committee;
(5) [(7)] the requirements of:
(A) laws relating to [the] open meetings, public information, administrative procedure, and disclosing conflicts of interest [law, Chapter 551]; and
(B) other laws applicable to members of a state policy-making body in performing their duties [the public information law, Chapter 552;
[(C)
the administrative procedure law, Chapter 2001; and
[(D)
other laws relating to public officials, including conflict-of-interest laws]; and
(6) [(8)] any applicable ethics policies adopted by the department [committee] or the Texas Ethics Commission.
(d) The executive director shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each member of the committee. Each member of the committee shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
SECTION 63. The heading to Chapter 507, Government Code, is amended to read as follows:
CHAPTER 507. STATE JAIL MANAGEMENT [DIVISION]
SECTION 64. Sections 507.001(a) and (b), Government Code, are amended to read as follows:
(a) The department [state jail division] may operate, maintain, and manage state jail felony facilities to confine inmates described by Section 507.002, and the department may finance and construct those facilities. The department [state jail division], with the approval of the board, may contract with [the institutional division,] a private vendor, a community supervision and corrections department, or the commissioners court of a county for the construction, operation, maintenance, or management of a state jail felony facility. The community justice assistance division shall assist the department [state jail division] to contract with a community supervision and corrections department for the construction, operation, maintenance, or management of a state jail felony facility. [The state jail division shall consult with the community justice assistance division before contracting with a community supervision and corrections department under this section.] A community supervision and corrections department or the commissioners court of a county that contracts under this section may subcontract with a private vendor for the provision of any or all services described by this subsection. A community supervision and corrections department that contracts under this section may subcontract with the commissioners court of a county for the provision of any or all services described by this subsection. The board may contract with a private vendor or the commissioners court of a county for the financing or construction of a state jail felony facility.
(b) The department [community justice assistance division and the state jail division] shall develop and implement work programs and programs of rehabilitation, education, and recreation in state jail felony facilities. For each state jail felony facility, the community justice assistance division and the department [state jail division] shall consult with the community supervision and corrections departments and the community justice councils served by the facility in developing programs in that facility, and shall develop the programs in a manner that makes appropriate use of facilities and personnel of the community supervision and corrections departments. In developing the programs, the department [state jail division] and the community justice assistance division shall attempt to structure programs so that they are operated on a 90-day cycle, although the department and the division [divisions] should deviate from a 90-day schedule as necessary to meet the requirements of a particular program.
SECTION 65. Section 507.002, Government Code, is amended to read as follows:
Sec. 507.002. ELIGIBLE DEFENDANTS. The department [state jail division] may confine in a state jail felony facility authorized by this subchapter defendants required by a judge to serve a term of confinement in a state jail felony facility following a grant of deferred adjudication for or conviction of an offense punishable as a state jail felony.
SECTION 66. Section 507.006(a), Government Code, is amended to read as follows:
(a) Notwithstanding any other provision of this subchapter, the department [state jail division], with the approval of the board, may designate one or more state jail felony facilities to treat inmates who are eligible for confinement in a substance abuse felony punishment facility under Section 493.009 or to house inmates who are sentenced to imprisonment in the institutional division, but only if the designation does not deny placement in a state jail felony facility of defendants required to serve terms of confinement in a facility following conviction of state jail felonies. The department [division] may not house in a state jail felony facility an inmate who:
(1) has a history of or has shown a pattern of violent or assaultive behavior in county jail or a facility operated by the department; or
(2) will increase the likelihood of harm to the public if housed in the facility.
SECTION 67. Section 507.022, Government Code, is amended to read as follows:
Sec. 507.022. EMPLOYEES' SALARIES, ROOM AND BOARD, AND MEDICAL CARE. (a) Salaries of department employees assigned to a [of the] state jail felony facility [division] and the provision of board, lodging, uniforms, and other provisions to employees are as provided by the General Appropriations Act.
(b) Department employees assigned to a [Employees of the] state jail felony facility [division] who are injured in the line of duty are entitled to receive free medical care and hospitalization from institutional division doctors and the institutional division hospital.
SECTION 68. Sections 507.023(a) and (b), Government Code, are amended to read as follows:
(a) The department [state jail division] shall establish and provide education programs to educate department [state jail division] employees and defendants in state jail felony facilities about AIDS and HIV in the same manner as the institutional division establishes and provides programs for employees and inmates under Section 501.054.
(b) The department [state jail division] shall adopt a policy for handling a defendant with AIDS or HIV and shall test a defendant for AIDS or HIV in the same manner and subject to the same conditions as apply to the institutional division under Section 501.054.
SECTION 69. Section 507.024, Government Code, is amended to read as follows:
Sec. 507.024. TRANSPORTATION OF DEFENDANTS. The board shall adopt rules to provide for the safe transfer of defendants from counties to state jail felony facilities. A sheriff may transport defendants to a state jail felony facility if the sheriff is able to perform the service as economically as if the service were performed by the department [division]. The department [state jail division] is responsible for the cost of transportation of defendants to a state jail felony facility [the division]. Defendants may be transported with other persons being transported to the custody of the department provided appropriate security precautions prescribed by policies of the department are taken.
SECTION 70. Section 507.025, Government Code, is amended to read as follows:
Sec. 507.025. MEDICAL CARE. The department [state jail division], with the approval of the board, may contract with [the institutional division,] a private vendor[,] or any public health care provider for the provision of medical services to defendants in state jail felony facilities.
SECTION 71. Section 507.029, Government Code, is amended to read as follows:
Sec. 507.029. USE OF INMATE LABOR. The department may use the labor of inmates of the institutional division in any work or community service program or project performed by a [the] state jail felony facility [division].
SECTION 72. Sections 507.030(a-1) and (b), Government Code, are amended to read as follows:
(a-1) The department [state jail division] shall allow the governor, members of the legislature, and officials of the executive and judicial branches to enter during business hours any part of a state jail felony facility operated by the department [division], for the purpose of observing the operations of the department [division]. A visitor described by this subsection may talk with defendants away from [division] employees of the state jail felony facility.
(b) The department [state jail division] shall establish a visitation policy for persons confined in state jail felony facilities. The visitation policy must:
(1) allow visitation by a guardian of a defendant confined in a state jail felony facility to the same extent as the defendant's next of kin, including placing the guardian on the defendant's approved visitors list on the guardian's request and providing the guardian access to the defendant during a facility's standard visitation hours if the defendant is otherwise eligible to receive visitors; and
(2) require the guardian to provide the director of the facility with letters of guardianship before being allowed to visit the defendant.
SECTION 73. Section 507.031, Government Code, is amended to read as follows:
Sec. 507.031. FURLOUGH PROGRAM. (a) The director of a state jail felony facility may grant a furlough to a defendant so that the defendant may:
(1) obtain a medical diagnosis or medical treatment;
(2) obtain treatment and supervision at a facility operated by the Health and Human Services Commission;
(3) attend a funeral or visit a critically ill relative; or
(4) participate in a programmatic activity sanctioned by the department [state jail division].
(b) The department [state jail division] shall adopt policies for the administration of the furlough program.
(c) A defendant furloughed under this section is considered to be in the custody of the department [state jail division], even if the defendant is not under physical guard while furloughed.
SECTION 74. Section 507.033, Government Code, is amended to read as follows:
Sec. 507.033. REHABILITATION PROGRAMS. (a) The department [state jail division] may allow a state jail defendant who is capable of serving as a tutor to tutor functionally illiterate defendants and shall actively encourage volunteer organizations to aid in the tutoring of defendants. A person who acts as a tutor may function only as a teacher and advisor to a defendant and may not exercise supervisory authority or control over the defendant.
(b) The department [state jail division] shall actively encourage volunteer organizations to provide the following programs for defendants who are housed in state jail felony facilities operated by or under contract with the department [division]:
(1) literacy and education programs;
(2) life skills programs;
(3) job skills programs;
(4) parent-training programs;
(5) drug and alcohol rehabilitation programs;
(6) support group programs;
(7) arts and crafts programs; and
(8) other programs determined by the department [division] to aid defendants confined in state jail felony facilities in the transition from confinement or supervision back into society and to reduce incidents of recidivism among defendants.
SECTION 75. Sections 508.001(3), (4), (5), and (6), Government Code, are amended to read as follows:
(3) "Director" means the director of the parole [pardons and paroles] division.
(4) "Division" means the parole [pardons and paroles] division.
(5) "Mandatory supervision" means the release of an eligible inmate sentenced to the institutional division so that the inmate may serve the remainder of the inmate's sentence not on parole but under the supervision of the parole [pardons and paroles] division.
(6) "Parole" means the discretionary and conditional release of an eligible inmate sentenced to the institutional division so that the inmate may serve the remainder of the inmate's sentence under the supervision of the parole [pardons and paroles] division.
SECTION 76. Section 508.0362, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (d) to read as follows:
(a) [(1)] A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes [at least one course of] a training program that complies with this section.
[(2)] A parole commissioner employed by the board may not vote or deliberate on a matter described by Section 508.0441 until the person completes [at least one course of] a training program that complies with this section.
(b) The [A] training program must provide the person with information [to the person] regarding:
(1) the law governing board operations [enabling legislation that created the board];
(2) the programs, functions, rules, and budget of [operated by] the board;
(3) the scope of and limitations on the rulemaking authority [role and functions] of the board [and parole commissioners];
(4) [the rules of the board;
[(5)
the current budget for the board;
[(6)] the results of the most recent formal audit of the board;
(5) [(7)] the requirements of [the]:
(A) laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest [law, Chapter 551]; and
(B) other laws applicable to members of a state policy-making body in performing their duties [open records law, Chapter 552; and
[(C)
administrative procedure law, Chapter 2001;
[(8)
the requirements of the conflict of interest laws and other laws relating to public officials]; and
(6) [(9)] any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(d) The board administrator shall create a training manual that includes the information required by Subsection (b). The board administrator shall distribute a copy of the training manual annually to each board member and parole commissioner. Each board member and parole commissioner shall sign and submit to the board administrator a statement acknowledging that the person received and has reviewed the training manual.
SECTION 77. Subchapter B, Chapter 508, Government Code, is amended by adding Sections 508.0421 and 508.0455 to read as follows:
Sec. 508.0421. TRAINING PROGRAM ON MEDICALLY RECOMMENDED INTENSIVE SUPERVISION. (a) The board shall develop and provide a comprehensive training program on the release of inmates on medically recommended intensive supervision under Section 508.146 for board members and parole commissioners serving on a parole panel under that section. The program must include:
(1) background information on medically recommended intensive supervision; and
(2) training and education regarding:
(A) statutory requirements and board rules for the consideration and release of inmates on medically recommended intensive supervision;
(B) the supervision of persons released on medically recommended intensive supervision, including information on:
(i) the imposition of graduated sanctions on a releasee for a violation of a condition of release; and
(ii) the imposition and modification of special conditions on a releasee; and
(C) how to read and review a written report described by Section 508.146(h)(2).
(b) In developing the training program, the board shall:
(1) use available data on medically recommended intensive supervision; and
(2) consult with the department and a practicing physician and psychiatrist as needed.
(c) The board shall develop a condensed version of the training program that includes only the training and education described by Subsection (a)(2).
(d) A member of a parole panel described by Section 508.146(e) may not participate in a vote of the panel related to the release of an inmate on medically recommended intensive supervision until the member completes the training program described by Subsection (a). Each member must complete the version of the training program described by Subsection (c) biennially after completing the initial training to remain eligible to participate in a vote of the panel related to the release of an inmate on medically recommended intensive supervision. The board shall inform each member of any subsequent changes to the training developed under Subsection (a) that are made after the member completes the training required by this subsection.
Sec. 508.0455. PAROLE PANEL DATA. (a) The board shall coordinate with the department to collect and analyze data on the release of inmates on parole, mandatory supervision, or medically recommended intensive supervision and the use of special conditions and graduated sanctions to evaluate outcomes and trends.
(b) Using the data collected under Subsection (a), the board shall determine a method for evaluating the consistency of revocation decisions across all three-voter parole panels.
(c) The board shall use its findings from the data collected under this section in developing the training required under Sections 508.041 and 508.042.
SECTION 78. Section 508.054(c), Government Code, is amended to read as follows:
(c) The board shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an ongoing investigation.
SECTION 79. The heading to Subchapter D, Chapter 508, Government Code, is amended to read as follows:
SUBCHAPTER D. PAROLE [PARDONS AND PAROLES] DIVISION
SECTION 80. Section 508.113, Government Code, is amended by adding Subsection (e) to read as follows:
(e) The division may establish a waiver procedure for when the director is unable to appoint persons meeting the qualifications established under Subsection (c).
SECTION 81. Section 508.1131, Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) The Texas Board of Criminal Justice by rule [executive director] shall adopt a salary career ladder for parole officers. In adopting the salary career ladder, the Texas Board of Criminal Justice shall, in consultation with relevant stakeholders, review the current salary structure and align the salary career ladder with the future needs of the department.
(a-1) The Texas Board of Criminal Justice may revise the [The] salary career ladder as needed [must base a parole officer's salary on the officer's classification and years of service with the department].
SECTION 82. Section 508.1142, Government Code, is amended to read as follows:
Sec. 508.1142. PAROLE OFFICER MAXIMUM CASELOADS. (a) The Texas Board of Criminal Justice by rule [department] shall establish [adopt a policy that establishes] guidelines for a maximum caseload for a [each] parole officer [of:
[(1)
60 active releasees, if the releasees are not in a specialized program described by Subdivisions (2)-(6);
[(2)
35 active releasees, if the releasees are in the special needs offender program;
[(3)
35 active releasees, if the releasees are in the therapeutic community substance abuse aftercare treatment program;
[(4)
24 active releasees, if the releasees are in the sex offender program;
[(5)
20 active releasees, if the releasees are electronically monitored; and
[(6)
11 active releasees, if the releasees are in the super-intensive supervision program].
(b) The Texas Board of Criminal Justice:
(1) shall periodically review the guidelines established under Subsection (a) to ensure that the guidelines are achievable and informed by research-supported supervision practices; and
(2) may revise the guidelines as needed.
(c) The department shall conduct a job task analysis and workload study with respect to parole officers before the Texas Board of Criminal Justice adopts or amends the guidelines under this section [If the department is unable to meet the maximum caseload guidelines, the department shall submit a report to the Legislative Budget Board, at the end of each fiscal year in which the department fails to meet the guidelines, stating the amount of money needed by the department to meet the guidelines].
SECTION 83. Subchapter D, Chapter 508, Government Code, is amended by adding Section 508.1143 to read as follows:
Sec. 508.1143. REPORT ON PAROLE SUPERVISION APPROACHES AND MAXIMUM CASELOADS. (a) Not later than December 1, 2026, the department, in consultation with relevant stakeholders, shall:
(1) review current parole supervision practices and caseload approaches; and
(2) submit a report on proposed parole supervision practices and caseload approaches, including proposed maximum caseloads for parole officers, to the Texas Board of Criminal Justice, the board, the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature with primary jurisdiction over the department.
(b) The report must include:
(1) an evaluation of the department's practice of assigning parole supervision caseloads where staffing vacancies exist to ensure appropriate supervision of all caseloads by a parole officer; and
(2) the results of any department pilot project assessing changes to parole officer supervision practices and caseload approaches.
(c) A pilot project assessing supervision practices and caseload approach changes described by Subsection (b)(2) may not be implemented statewide before submission of the report required by Subsection (a)(2).
(d) This section expires September 1, 2027.
SECTION 84. Section 508.117(e), Government Code, is amended to read as follows:
(e) Before an inmate is released from the institutional division on parole or to mandatory supervision, the parole [pardons and paroles] division shall give notice of the release to a person entitled to notification of parole consideration for the inmate under Subsection (a) or (b).
SECTION 85. Section 508.146, Government Code, is amended by amending Subsections (a), (b), (d), (e), and (f) and adding Subsections (a-1), (g), (h), (i), and (j) to read as follows:
(a) Subject to Subsection (b), an [An] inmate, other than an inmate who is serving a sentence of death or life without parole or an inmate who is not a citizen of the United States, as defined by federal law, may be released on medically recommended intensive supervision on a date designated by a parole panel described by Subsection (e)[, except that an inmate with an instant offense that is an offense described in Article 42A.054, Code of Criminal Procedure, or an inmate who has a reportable conviction or adjudication under Chapter 62, Code of Criminal Procedure, may only be considered if a medical condition of terminal illness or long-term care has been diagnosed by a physician,] if:
(1) the Texas Correctional Office on Offenders with Medical or Mental Impairments, in cooperation with the Correctional Managed Health Care Committee, identifies the inmate as [being]:
(A) being [a person who is] elderly, regardless of whether the inmate has a condition described in Paragraphs (B)-(H);
(B) being [or] terminally ill;
(C) having[,] a [person with] mental illness;
(D) having[,] an intellectual disability[,] or a physical disability;
(E) having[, or a person who has] a condition requiring long-term care[, if the inmate is an inmate with an instant offense that is described in Article 42A.054, Code of Criminal Procedure]; [or]
(F) being [(B)] in a persistent vegetative state;
(G) having [or being a person with] an organic brain syndrome with significant to total mobility impairment; or
(H) having another eligible medical condition as prescribed by board rule[, if the inmate is an inmate who has a reportable conviction or adjudication under Chapter 62, Code of Criminal Procedure];
(2) the parole panel determines that, based on the inmate's condition and a medical evaluation, the inmate does not constitute a threat to public safety; and
(3) the inmate's medically recommended intensive supervision plan under Subsection (a-1) is approved by the Texas Correctional Office on Offenders with Medical or Mental Impairments.
(a-1) The [the] Texas Correctional Office on Offenders with Medical or Mental Impairments, in cooperation with the [pardons and paroles] division, shall prepare [has prepared] for an [the] inmate who is approved for release under Subsection (a) a medically recommended intensive supervision plan that requires the inmate to submit to electronic monitoring, places the inmate on super-intensive supervision, or otherwise ensures appropriate supervision of the inmate.
(b) In addition to the requirements of Subsection (a), the following inmates may be released on medically recommended intensive supervision under that subsection only if the inmates are identified under Subsection (a)(1) as:
(1) having a condition described by Subsection (a)(1)(B) or (E), if the inmate has an instant offense that is described in Article 42A.054, Code of Criminal Procedure; or
(2) being in or having a condition described by Subsection (a)(1)(F) or (G), if the inmate has a reportable conviction or adjudication under Chapter 62, Code of Criminal Procedure [An inmate may be released on medically recommended intensive supervision only if the inmate's medically recommended intensive supervision plan under Subsection (a)(3) is approved by the Texas Correctional Office on Offenders with Medical or Mental Impairments].
(d) The Texas Correctional Office on Offenders with Medical or Mental Impairments may [and the Texas Department of Human Services shall jointly] request proposals from public or private vendors to provide under contract services for inmates released on medically recommended intensive supervision. A request for proposals under this subsection may require that the services be provided in a medical care facility located in an urban area. For the purposes of this subsection, "urban area" means the area in this state within a metropolitan statistical area, according to the standards of the United States Bureau of the Census.
(e) Parole [Only parole] panels composed of board members and parole commissioners [the presiding officer of the board and two members] appointed to the panel by the presiding officer may make determinations regarding the release of inmates on medically recommended intensive supervision under Subsection (a) or of inmates released pending deportation under Subsection (f). If the Texas Correctional Office [Council] on Offenders with Medical or Mental Impairments identifies an inmate as a candidate for release under the guidelines established by Subsection (a)(1), (b), or (f)(1), as applicable, the office [council] shall present to a parole panel described by this subsection relevant information concerning the inmate and the inmate's potential for release under this section.
(f) An inmate who is not a citizen of the United States, as defined by federal law, who is not under a sentence of death or life without parole, and who does not have a reportable conviction or adjudication under Chapter 62, Code of Criminal Procedure, or an instant offense described in Article 42A.054, Code of Criminal Procedure, may be released to immigration authorities pending deportation on a date designated by a parole panel described by Subsection (e) if:
(1) the Texas Correctional Office on Offenders with Medical or Mental Impairments, in cooperation with the Correctional Managed Health Care Committee, identifies the inmate as being in or having a condition described by Subsection (a)(1); and
(2) the parole panel determines that on release the inmate would be deported to another country and that the inmate does not constitute a threat to public safety in the other country or this country and is unlikely to reenter this country illegally.
(g) The board shall adopt rules to administer this section. The rules must:
(1) specify the procedures for evaluating the prognosis of inmates who are eligible for medically recommended intensive supervision under Subsection (a) because of a qualifying medical condition;
(2) specify the factors, other than an inmate's condition, that are relevant or statutorily required to release an inmate on medically recommended intensive supervision; and
(3) define what constitutes a threat to public safety for purposes of Subsections (a)(2) and (f) and specify the factors that a parole panel described by Subsection (e) must consider when determining whether an inmate constitutes a threat to public safety.
(h) The procedures described by Subsection (g)(1) must:
(1) require a review of the inmate's condition by at least one health care practitioner; and
(2) require each health care practitioner who reviews an inmate's condition as described by Subdivision (1) to provide the parole panel described by Subsection (e), before the panel makes a final determination under this section, a written report on the inmate's condition that:
(A) is in plain language that is understandable by a nonmedical professional;
(B) specifically describes how the inmate's condition and treatment for the condition will affect the inmate's cognitive and physical abilities and limitations; and
(C) contains other information as required by the board.
(i) The board may consult with other relevant entities for purposes of establishing information required in the report under Subsection (h)(2)(C) including:
(1) the Correctional Managed Health Care Committee;
(2) the division;
(3) the Texas Correctional Office on Offenders with Medical or Mental Impairments;
(4) the Texas Tech University Health Sciences Center; and
(5) The University of Texas Medical Branch at Galveston.
(j) Information regarding the identity of a health care practitioner providing a report described by Subsection (h)(2), other than information relating to the practitioner's specialization, is excepted from required disclosure under Chapter 552. The board may release the information or redact or otherwise withhold the information from disclosure under Chapter 552.
SECTION 86. Section 508.152, Government Code, is amended by adding Subsection (b-3) to read as follows:
(b-3) For purposes of Subsection (b-1)(1), an inmate's individual treatment plan must include a comprehensive list, in plain language, of the inmate's program participation that:
(1) includes:
(A) state-funded programs;
(B) intensive volunteer programs; and
(C) program enrollment and completion dates; and
(2) distinguishes between evidence-based programs and correctional elective programs and activities that are non-evidence based or non-evidence informed.
SECTION 87. Subchapter E, Chapter 508, Government Code, is amended by adding Sections 508.1521 and 508.158 to read as follows:
Sec. 508.1521. REQUIRED INDIVIDUAL TREATMENT PLAN PROGRAMS AND PAROLE-VOTED PROGRAMS. (a) In this section:
(1) "Parole-voted program" means a program or class that the board intends to require an inmate to complete before releasing the inmate on parole or to mandatory supervision.
(2) "Required individual treatment plan program" means a program or class that is required to be included in an inmate's individual treatment plan under Section 508.152 other than a parole-voted program required under Section 508.152(c).
(b) The department, the board, and the Windham School District shall:
(1) develop evidence-based program criteria specific to required individual treatment plan programs and parole-voted programs to be used in evaluating and assessing those programs;
(2) develop and maintain a required individual treatment plan programs list and a parole-voted programs list, provided that a non-evidence-based or non-evidence-informed program may not be included on either list;
(3) develop procedures for:
(A) evaluating programs to be added to the required individual treatment plan programs list or the parole-voted programs list;
(B) assessing current required individual treatment plan programs and parole-voted programs; and
(C) removing programs that do not meet the criteria developed under Subdivision (1) from the lists of required individual treatment plan programs and parole-voted programs; and
(4) coordinate on required individual treatment plan and parole-voted programming options through regular meetings.
(c) In developing and maintaining the required individual treatment plan programs list, the department and the Windham School District have joint authority to decide which programs are included on the required individual treatment plan programs list.
(d) In developing and maintaining the parole-voted programs list, the department and the Windham School District shall present programming options and program evaluation results to the board, provided that the board has the sole authority to decide which programs are included on the parole-voted programs list.
(e) The department shall:
(1) collect and analyze parole-voted program data on a rolling basis, including:
(A) the number of inmates waiting for placement into a program;
(B) the waitlist times for placement into a program;
(C) the reasons for program placement delays, other than delays due to a program start date specified by the board;
(D) vote revision requests related to program ineligibility, placement delays, and other factors that may affect parole release timelines; and
(E) the number of inmates unable to complete parole-voted programs before the earliest date on which the inmates would have been eligible to be released following program completion;
(2) use the data described by Subdivision (1) to:
(A) calculate parole-voted program waitlist times;
(B) track and reduce parole-voted program enrollment timelines; and
(C) work to eliminate parole-voted program placement delays; and
(3) include the data and analysis described by Subdivision (1) in the strategic plan required under Section 501.104.
(f) The department shall prioritize the placement of inmates into parole-voted programs, ensure parole-voted program capacity meets programming needs, and expand parole-voted program access in accordance with the strategic plan required under Section 501.104.
Sec. 508.158. SPECIAL CONDITIONS WORK GROUP. (a) The board and department shall jointly establish a work group consisting of board members and parole commissioners who actively serve on a parole panel and staff representatives from the division to assess the impact and effectiveness of special conditions.
(b) The work group shall:
(1) discuss the efficacy of special conditions;
(2) assess the continuing need for the use of specific special conditions; and
(3) identify potential modifications to special conditions for the board to consider adopting.
(c) In discussing the efficacy of special conditions under Subsection (b), the work group shall solicit input from parole officers and other relevant parties.
(d) The work group shall meet annually.
SECTION 88. Subchapter F, Chapter 508, Government Code, is amended by adding Section 508.1831 to read as follows:
Sec. 508.1831. POSTSECONDARY EDUCATION REIMBURSEMENT PROGRAM. (a) In this section, "program" means the program established under this section.
(b) From money appropriated to the department for the purpose, the department shall establish and administer a postsecondary education reimbursement program to provide for the payment of postsecondary education tuition and fees for enrollment in courses by eligible inmates.
(c) An inmate participating in the program and enrolled in postsecondary education courses during confinement shall reimburse the department for the costs of the tuition and fees paid on the inmate's behalf.
(d) The department may not charge interest for the repayment of costs under this section.
(e) A parole panel may require as a condition of parole or mandatory supervision that a releasee who had the costs of tuition and fees paid through the program reimburse the department for those costs.
SECTION 89. Section 508.324, Government Code, is amended to read as follows:
Sec. 508.324. VICTIM-OFFENDER MEDIATION. If the [pardons and paroles] division receives notice from the victim services office of the department that a victim of the defendant, or the victim's guardian or close relative, wishes to participate in victim-offender mediation with a person released on parole or to mandatory supervision, the division shall cooperate and assist the person if the person chooses to participate in the mediation program provided by the office. The [pardons and paroles] division may not require the defendant to participate and may not reward the person for participation by modifying conditions of release or the person's level of supervision or by granting any other benefit to the person.
SECTION 90. Section 509.004(b), Government Code, is amended to read as follows:
(b) The division shall develop an automated tracking system that:
(1) is capable of receiving tracking data from community supervision and corrections departments' caseload management and accounting systems;
(2) is capable of tracking the defendant and the sentencing event at which the defendant was placed on community supervision by name, arrest charge code, and incident number;
(3) provides the division with the statistical data it needs to support budget requests and satisfy requests for information; and
(4) is compatible with the requirements of Chapter 66, Code of Criminal Procedure, and the information systems used by the institutional division and the parole [pardons and paroles] division of the Texas Department of Criminal Justice.
SECTION 91. Section 509.005, Government Code, is amended to read as follows:
Sec. 509.005. INSPECTIONS; AUDITS; EVALUATIONS. The community justice assistance division shall from time to time inspect and evaluate and the office of the independent auditor [internal audit division] may at any reasonable time conduct an audit of the financial, program compliance, or performance records of a department to determine:
(1) compliance with the division's rules and standards;
(2) economical and efficient use of resources;
(3) accomplishment of goals and objectives;
(4) reliability and integrity of information; and
(5) safeguarding of assets.
SECTION 92. Section 511.017, Government Code, is amended to read as follows:
Sec. 511.017. DUTIES RELATED TO STATE JAIL FELONY FACILITIES. (a) In this section, "state [:
[(1)
"State jail division" means the state jail division of the Texas Department of Criminal Justice.
[(2)
"State] jail felony facility" means a state jail felony facility authorized by Subchapter A, Chapter 507.
(b) The commission shall provide the Texas Department of Criminal Justice [state jail division] with consultation and technical assistance relating to the operation and construction of state jail felony facilities.
SECTION 93. Section 659.015(k), Government Code, is amended to read as follows:
(k) Compensatory time off to which an employee of the Texas Department of Criminal Justice is entitled under Subsection (f):
(1) must be taken during the 24-month period following the end of the workweek in which the compensatory time was accrued; and
(2) if not taken during the period described by Subdivision (1), shall be credited to the employee's accumulated vacation leave for purposes of Chapter 661 [or it lapses].
SECTION 94. Section 661.152(b), Government Code, is amended to read as follows:
(b) The amount of vacation accrues in accordance with this subchapter and Section 659.015(k) and may be taken in accordance with this subchapter.
SECTION 95. Section 811.001(8), Government Code, is amended to read as follows:
(8) "Custodial officer" means a member of the retirement system who is employed by the Board of Pardons and Paroles or the Texas Department of Criminal Justice as a parole officer or caseworker or who is employed by [the correctional institutions division of] the Texas Department of Criminal Justice and certified by the department as having a normal job assignment that requires frequent or infrequent regularly planned contact with, and in close proximity to, inmates or defendants of the department [correctional institutions division] without the protection of bars, doors, security screens, or similar devices and includes assignments normally involving supervision or the potential for supervision of inmates in inmate housing areas, educational or recreational facilities, industrial shops, kitchens, laundries, medical areas, agricultural shops or fields, or in other areas on or away from property of the department. The term includes a member who transfers from the Texas Department of Criminal Justice to the managed health care unit of The University of Texas Medical Branch or the Texas Tech University Health Sciences Center pursuant to Section 9.01, Chapter 238, Acts of the 73rd Legislature, Regular Session, 1993, elects at the time of transfer to retain membership in the retirement system, and is certified by the managed health care unit or the health sciences center as having a normal job assignment described by this subdivision.
SECTION 96. Sections 614.002(a) and (e), Health and Safety Code, are amended to read as follows:
(a) The Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments is composed of 27 [28] members.
(e) The executive head of each of the following agencies, divisions of agencies, or associations, or that person's designated representative, shall serve as a member of the committee:
(1) the correctional institutions division of the Texas Department of Criminal Justice;
(2) the Department of State Health Services;
(3) the parole division of the Texas Department of Criminal Justice;
(4) the community justice assistance division of the Texas Department of Criminal Justice;
(5) the Texas Juvenile Justice Department;
(6) the Texas Workforce Commission [Department of Assistive and Rehabilitative Services];
(7) the Correctional Managed Health Care Committee;
(8) Mental Health America of Texas;
(9) the Board of Pardons and Paroles;
(10) the Texas Commission on Law Enforcement;
(11) the Texas Council of Community Centers;
(12) the Commission on Jail Standards;
(13) the Texas Council for Developmental Disabilities;
(14) the Arc of Texas;
(15) the National Alliance on Mental Illness of Texas;
(16) the Texas Veterans Commission [Parent Association for the Retarded of Texas, Inc.]; and
(17) the Health and Human Services Commission[; and
[(18)
the Department of Aging and Disability Services].
SECTION 97. Section 614.009, Health and Safety Code, is amended to read as follows:
Sec. 614.009. BIENNIAL REPORT. Not later than December [February] 1 of each even-numbered [odd-numbered] year, the office shall present to the board and file with the governor, lieutenant governor, and speaker of the house of representatives a report giving the details of the office's activities during the preceding biennium. The report must include:
(1) an evaluation of any demonstration project undertaken by the office;
(2) an evaluation of the progress made by the office toward developing a plan for meeting the treatment, rehabilitative, and educational needs of offenders with special needs;
(3) information on the provision of services under Section 614.021 to wrongfully imprisoned persons;
(4) recommendations of the office made in accordance with Section 614.007(5);
(5) [(4)] an evaluation of the development and implementation of the continuity of care and service programs established under Sections 614.013, 614.014, 614.015, 614.016, and 614.018, changes in rules, policies, or procedures relating to the programs, future plans for the programs, and any recommendations for legislation; and
(6) [(5)] any other recommendations that the office considers appropriate.
SECTION 98. Section 614.013(b), Health and Safety Code, is amended to read as follows:
(b) The memorandum of understanding must establish methods for:
(1) identifying offenders with mental impairments in the criminal justice system and collecting and reporting prevalence rate data to the office;
(2) developing interagency rules, policies, procedures, and standards for the coordination of care of and the exchange of information on offenders with mental impairments by local and state criminal justice agencies, the Department of State Health Services and the Health and Human Services Commission [Department of Aging and Disability Services], local mental health or intellectual and developmental disability authorities, the Commission on Jail Standards, and local jails;
(3) identifying the services needed by offenders with mental impairments to reenter the community successfully; and
(4) establishing a process to report implementation activities to the office.
SECTION 99. Section 614.014, Health and Safety Code, is amended to read as follows:
Sec. 614.014. CONTINUITY OF CARE FOR ELDERLY OFFENDERS. (a) The Texas Department of Criminal Justice, the Texas Workforce Commission, and the executive commissioner by rule shall adopt a memorandum of understanding that establishes the respective responsibilities of the Texas Department of Criminal Justice, the Department of State Health Services, the Health and Human Services Commission [Department of Aging and Disability Services], and the Texas Workforce Commission [Department of Assistive and Rehabilitative Services] to institute a continuity of care and service program for elderly offenders in the criminal justice system. The office shall coordinate and monitor the development and implementation of the memorandum of understanding.
(b) The memorandum of understanding must establish methods for:
(1) identifying elderly offenders in the criminal justice system;
(2) developing interagency rules, policies, and procedures for the coordination of care of and the exchange of information on elderly offenders by local and state criminal justice agencies, the Department of State Health Services, the Health and Human Services Commission [Department of Aging and Disability Services], and the Texas Workforce Commission [Department of Assistive and Rehabilitative Services]; and
(3) identifying the services needed by elderly offenders to reenter the community successfully.
(c) The Texas Department of Criminal Justice, the Department of State Health Services, the Health and Human Services Commission [Department of Aging and Disability Services], and the Texas Workforce Commission [Department of Assistive and Rehabilitative Services] shall:
(1) operate the continuity of care and service program for elderly offenders in the criminal justice system with funds appropriated for that purpose; and
(2) actively seek federal grants or funds to operate and expand the program.
SECTION 100. Section 614.015, Health and Safety Code, is amended to read as follows:
Sec. 614.015. CONTINUITY OF CARE FOR OFFENDERS WITH PHYSICAL DISABILITIES, TERMINAL ILLNESSES, OR SIGNIFICANT ILLNESSES. (a) The Texas Department of Criminal Justice, the Texas Workforce Commission, and the executive commissioner by rule shall adopt a memorandum of understanding that establishes the respective responsibilities of the Texas Department of Criminal Justice, the Texas Workforce Commission [Department of Assistive and Rehabilitative Services], the Department of State Health Services, and the Health and Human Services Commission [Department of Aging and Disability Services] to institute a continuity of care and service program for offenders in the criminal justice system who are persons with physical disabilities, terminal illnesses, or significant illnesses. The council shall coordinate and monitor the development and implementation of the memorandum of understanding.
(b) The memorandum of understanding must establish methods for:
(1) identifying offenders in the criminal justice system who are persons with physical disabilities, terminal illnesses, or significant illnesses;
(2) developing interagency rules, policies, and procedures for the coordination of care of and the exchange of information on offenders who are persons with physical disabilities, terminal illnesses, or significant illnesses by local and state criminal justice agencies, the Texas Department of Criminal Justice, the Texas Workforce Commission [Department of Assistive and Rehabilitative Services], the Department of State Health Services, and the Health and Human Services Commission [Department of Aging and Disability Services]; and
(3) identifying the services needed by offenders who are persons with physical disabilities, terminal illnesses, or significant illnesses to reenter the community successfully.
(c) The Texas Department of Criminal Justice, the Texas Workforce Commission [Department of Assistive and Rehabilitative Services], the Department of State Health Services, and the Health and Human Services Commission [Department of Aging and Disability Services] shall:
(1) operate, with funds appropriated for that purpose, the continuity of care and service program for offenders in the criminal justice system who are persons with physical disabilities, terminal illnesses, or significant illnesses; and
(2) actively seek federal grants or funds to operate and expand the program.
SECTION 101. Section 614.017(c)(1), Health and Safety Code, is amended to read as follows:
(1) "Agency" includes any of the following entities and individuals, a person with an agency relationship with one of the following entities or individuals, and a person who contracts with one or more of the following entities or individuals:
(A) the Texas Department of Criminal Justice and the Correctional Managed Health Care Committee;
(B) the Board of Pardons and Paroles;
(C) the Department of State Health Services;
(D) the Texas Juvenile Justice Department;
(E) the Texas Workforce Commission [Department of Assistive and Rehabilitative Services];
(F) the Texas Education Agency;
(G) the Commission on Jail Standards;
(H) [the Department of Aging and Disability Services;
[(I)] the Texas School for the Blind and Visually Impaired;
(I) [(J)] community supervision and corrections departments and local juvenile probation departments;
(J) [(K)] personal bond pretrial release offices established under Article 17.42, Code of Criminal Procedure;
(K) [(L)] local jails regulated by the Commission on Jail Standards;
(L) [(M)] a municipal or county health department;
(M) [(N)] a hospital district;
(N) [(O)] a judge of this state with jurisdiction over juvenile or criminal cases;
(O) [(P)] an attorney who is appointed or retained to represent a special needs offender or a juvenile with a mental impairment;
(P) [(Q)] the Health and Human Services Commission;
(Q) [(R)] the Department of Information Resources;
(R) [(S)] the bureau of identification and records of the Department of Public Safety, for the sole purpose of providing real-time, contemporaneous identification of individuals in the Department of State Health Services client data base; and
(S) [(T)] the Department of Family and Protective Services.
SECTION 102. Sections 614.018(a) and (b), Health and Safety Code, are amended to read as follows:
(a) The Texas Juvenile Justice Department, the Department of Public Safety, the Department of State Health Services, the Health and Human Services Commission [Department of Aging and Disability Services], the Department of Family and Protective Services, the Texas Education Agency, and local juvenile probation departments shall adopt a memorandum of understanding that establishes their respective responsibilities to institute a continuity of care and service program for juveniles with mental impairments in the juvenile justice system. The Texas Correctional Office on Offenders with Medical and Mental Impairments shall coordinate and monitor the development and implementation of the memorandum of understanding.
(b) The memorandum of understanding must establish methods for:
(1) identifying juveniles with mental impairments in the juvenile justice system and collecting and reporting relevant data to the office;
(2) developing interagency rules, policies, and procedures for the coordination of care of and the exchange of information on juveniles with mental impairments who are committed to or treated, served, or supervised by the Texas Juvenile Justice Department, the Department of Public Safety, the Department of State Health Services, the Department of Family and Protective Services, the Health and Human Services Commission [Department of Aging and Disability Services], the Texas Education Agency, local juvenile probation departments, local mental health or intellectual and developmental disability authorities, and independent school districts; and
(3) identifying the services needed by juveniles with mental impairments in the juvenile justice system.
SECTION 103. Section 841.005, Health and Safety Code, is amended to read as follows:
Sec. 841.005. TEXAS BOARD OF CRIMINAL JUSTICE [OFFICE OF STATE COUNSEL FOR OFFENDERS]. (a) In this section, "board" means the Texas Board of Criminal Justice.
(b) Except as provided by Subsection (d) [(b)], the board [Office of State Counsel for Offenders] shall provide representation for [represent] an indigent person subject to a civil commitment proceeding under this chapter.
(c) In providing representation for indigent persons described by Subsection (b):
(1) the board may employ attorneys, support staff, and any other personnel required to provide the representation;
(2) personnel employed under Subdivision (1) are directly responsible to the board in the performance of their duties; and
(3) the board shall pay all fees and costs associated with providing the representation.
(d) [(b)] If for any reason the board [Office of State Counsel for Offenders] is unable to provide representation for [represent] an indigent person described by Subsection (b) [(a)] at a civil commitment proceeding under this chapter, the court shall appoint other counsel to represent the indigent person.
SECTION 104. Section 306.007(b), Labor Code, is amended to read as follows:
(b) The commission shall adopt a memorandum of understanding with each of the following agencies that establishes the respective responsibilities of the commission and the agencies in providing information described by Subsection (a) to persons formerly sentenced to the custody [institutional division or the state jail division] of the Texas Department of Criminal Justice, to employers or potential employers of those persons, and to local workforce development boards:
(1) the Department of State Health Services;
(2) the Texas Department of Housing and Community Affairs;
(3) the Texas Veterans Commission; and
(4) the Health and Human Services Commission.
SECTION 105. The following provisions are repealed:
(1) Article 66.352(b), Code of Criminal Procedure;
(2) Section 19.0041(c), Education Code;
(3) Section 491.001(a)(8), Government Code;
(4) Section 493.0051, Government Code;
(5) Section 494.011, Government Code;
(6) Section 497.111, Government Code;
(7) Section 499.106, Government Code;
(8) Section 499.107, Government Code;
(9) Section 501.062(c), Government Code;
(10) Section 507.003, Government Code;
(11) Section 507.004, Government Code;
(12) Sections 508.1131(b) and (c), Government Code; and
(13) Section 614.021(c), Health and Safety Code.
SECTION 106. The change in law made by this Act to Section 492.002, Government Code, does not affect the entitlement of a member serving on the Texas Board of Criminal Justice before the effective date of this Act to continue to serve for the remainder of the member's term. As the terms of members expire, the governor shall appoint or reappoint members who have the qualifications required by Section 492.002(a), Government Code, as amended by this Act.
SECTION 107. (a) Sections 492.0031, 501.140, and 508.0362, Government Code, as amended by this Act, apply to a member of the Texas Board of Criminal Justice, the Correctional Managed Health Care Committee, or the Board of Pardons and Paroles, as applicable, appointed before, on, or after the effective date of this Act.
(b) A member of the Texas Board of Criminal Justice, the Correctional Managed Health Care Committee, or the Board of Pardons and Paroles who, before the effective date of this Act, completed the training program required by Section 492.0031, 501.140, or 508.0362, Government Code, as that law existed before the effective date of this Act, is only required to complete additional training on the subjects added by this Act to the training program required by Section 492.0031, 501.140, or 508.0362, Government Code, as applicable. A member described by this subsection may not vote, deliberate, or be counted as a member in attendance at a meeting of the applicable board or committee held on or after December 1, 2025, until the member completes the additional training.
SECTION 108. (a) Section 508.0362, Government Code, as amended by this Act, applies to a parole commissioner employed by the Board of Pardons and Paroles before, on, or after the effective date of this Act.
(b) A parole commissioner who, before the effective date of this Act, completed the training program required by Section 508.0362, Government Code, as that law existed before the effective date of this Act, is only required to complete additional training on the subjects added by this Act to the training program required by that section. A parole commissioner described by this subsection may not vote or deliberate on a matter described by Section 508.0441, Government Code, occurring on or after December 1, 2025, until the member completes the additional training.
SECTION 109. Section 659.015(k), Government Code, as amended by this Act, applies to compensatory time accrued by an employee of the Texas Department of Criminal Justice before, on, or after the effective date of this Act.
SECTION 110. As soon as practicable after the effective date of this Act:
(1) the Texas Board of Criminal Justice shall adopt the rules required by Sections 499.101(a), 508.1131, and 508.1142, Government Code, as amended by this Act; and
(2) the Board of Pardons and Paroles shall adopt the rules required by Section 508.146(g), Government Code, as added by this Act.
SECTION 111. (a) Not later than December 1, 2025, the Board of Pardons and Paroles shall make the training required by Section 508.0421, Government Code, as added by this Act, available to board members and parole commissioners described by Subsection (a) of that section.
(b) Notwithstanding Section 508.0421(d), Government Code, as added by this Act, a board member or parole commissioner to whom that section applies is not required to complete the training required by that section until December 1, 2025.
SECTION 112. Not later than December 1, 2026:
(1) the Texas Department of Criminal Justice and the Windham School District shall develop the strategic plan required by Section 501.104, Government Code, as added by this Act; and
(2) the Texas Department of Criminal Justice shall revise each inmate's individual treatment plan as necessary to conform to the requirements of Section 508.152(b-3), Government Code, as added by this Act.
SECTION 113. It is the intent of the 89th Legislature, Regular Session, 2025, that the amendments made by this Act be harmonized with another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 114. This Act takes effect September 1, 2025.
The amendment was read.
Senator Parker moved to concur in the House amendment to SB 2405.
The motion prevailed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 4099 ON SECOND READING
On motion of Senator Perry and by unanimous consent, the regular order of business was suspended to take up for consideration HB 4099 at this time on its second reading:
HB 4099, Relating to the treatment of a patient by a physical therapist without a referral.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 4099 ON THIRD READING
Senator Perry moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4099 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
(Senator Flores in Chair)
COMMITTEE SUBSTITUTE
HOUSE BILL 1523 ON SECOND READING
Senator Schwertner moved to suspend the regular order of business to take up for consideration CSHB 1523 at this time on its second reading:
CSHB 1523, Relating to a temporary prohibition on the authorization by the Texas Commission on Environmental Quality of the use of a Class V injection well for certain aquifer storage and recovery projects.
The motion prevailed by the following vote: Yeas 22, Nays 9.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, West, Zaffirini.
The bill was read second time.
Senator Eckhardt offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 1523 (senate committee report) in SECTION 1 of the bill, in added Section 27.1535, Water Code, as follows:
(1) On page 1, line 27, in the section heading, strike "TEMPORARY PROHIBITION" and substitute "RESTRICTION".
(2) Strike page 1, lines 29 through 42, and substitute the following:
only to a Class V injection well that is:
(1) located in any portion of the territory of a groundwater conservation district that is located wholly or partly in a county that:
(A) has a population of more than 70,000 and less than 100,000 and contains a portion of the Colorado River; and
(B) is adjacent to a county that has a population of one million or more; and
(2) used for an aquifer storage and recovery project operated by a municipally owned utility that primarily provides water to a municipality that:
(A) has a population of 750,000 or more; and
(B) is located in a county adjacent to a county described by Subdivision (1).
(b) As a condition of authorizing the use of a Class V injection well for an aquifer storage and recovery project, the commission shall require that:
(1) the project withdraw no more water than is injected into the aquifer;
(2) the project establish monitoring wells;
(3) water quality testing be conducted in accordance with Section 27.156 and commission rules adopted under that section; and
(4) well monitoring data obtained under Subdivision (2) and water quality testing data obtained under Subdivision (3) be provided to the groundwater conservation district described by Subsection (a)(1).
(c) Before authorizing the use of a Class V injection well for an aquifer storage and recovery project, the commission shall hold a public meeting in the county in which the injection well is proposed to be located.
(d) The commission may not authorize the use of a Class V injection well for an aquifer storage and recovery project if the authorization does not include the terms provided by Subsection (b).
The amendment to CSHB 1523 was read and failed of adoption by the following vote: Yeas 10, Nays 21.
Yeas: Alvarado, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, West, Zaffirini.
Nays: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
CSHB 1523 was passed to third reading by the following vote: Yeas 22, Nays 9.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles, West, Zaffirini.
HOUSE BILL 713 ON SECOND READING
Senator Cook moved to suspend the regular order of business to take up for consideration HB 713 at this time on its second reading:
HB 713, Relating to an exception to certain reporting requirements for health care providers reviewing selected cases for the Texas Maternal Mortality and Morbidity Review Committee.
The motion prevailed by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hall, Hughes, Middleton.
The bill was read second time and was passed to third reading by the following vote: Yeas 28, Nays 3. (Same as previous roll call)
HOUSE BILL 713 ON THIRD READING
Senator Cook moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 713 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hall, Hughes, Middleton.
The bill was read third time and was passed by the following vote: Yeas 28, Nays 3. (Same as previous roll call)
HOUSE BILL 541 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 541 at this time on its second reading:
HB 541, Relating to the provision of direct patient care by physicians and health care practitioners.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 541 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 541 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
COMMITTEE SUBSTITUTE
HOUSE BILL 5509 ON SECOND READING
On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 5509 at this time on its second reading:
CSHB 5509, Relating to the suspension or revocation of a hotel's certificate of occupancy by a municipality for suspected human trafficking.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEE SUBSTITUTE
HOUSE BILL 5509 ON THIRD READING
Senator Paxton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 5509 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
COMMITTEE SUBSTITUTE
HOUSE BILL 5294 ON SECOND READING
Senator Creighton moved to suspend the regular order of business to take up for consideration CSHB 5294 at this time on its second reading:
CSHB 5294, Relating to medical school admissions, coursework, academic standards, and employment decisions in this state.
The motion prevailed by the following vote: Yeas 20, Nays 11.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, Johnson, King, Menéndez, Miles, West, Zaffirini.
The bill was read second time and was passed to third reading by the following vote: Yeas 20, Nays 11. (Same as previous roll call)
HOUSE BILL 5435 ON SECOND READING
On motion of Senator Nichols and by unanimous consent, the regular order of business was suspended to take up for consideration HB 5435 at this time on its second reading:
HB 5435, Relating to required lease terms for public property leased to a nongovernmental entity.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 5435 ON THIRD READING
Senator Nichols moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 5435 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 2488 ON SECOND READING
Senator Alvarado moved to suspend the regular order of business to take up for consideration HB 2488 at this time on its second reading:
HB 2488, Relating to conducting certain contested case hearings under the Texas workers' compensation system by remote communication.
The motion prevailed.
Senator Kolkhorst asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Kolkhorst.
HOUSE BILL 2488 ON THIRD READING
Senator Alvarado moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2488 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Kolkhorst.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1. (Same as previous roll call)
COMMITTEE SUBSTITUTE
HOUSE BILL 2963 ON SECOND READING
On motion of Senator Hall and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2963 at this time on its second reading:
CSHB 2963, Relating to diagnosis, maintenance, and repair of certain digital electronic equipment.
The bill was read second time.
Senator Johnson offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 2963 (senate committee report) in SECTION 1 of the bill as follows:
(1) In the heading to added Subchapter B, Chapter 121, Business & Commerce Code (page 4, line 52), after "REQUIREMENTS", add "AND PROHIBITIONS".
(2) In the heading to added Section 121.051, Business & Commerce Code (page 4, line 54), between "REQUIREMENTS" and the underlined period, insert "AND PROHIBITIONS".
(3) Immediately after added Section 121.051(c), Business & Commerce Code (page 5, between lines 8 and 9), insert the following:
(d) An original equipment manufacturer may not use software to identify component parts through a unique identifier or any other parts pairing mechanism to:
(1) prevent or inhibit an independent repair provider or owner from installing or enabling the function of an otherwise functional replacement part or component of digital electronic equipment, including a replacement part or component that the original equipment manufacturer has not provided, certified, or otherwise approved;
(2) reduce the functionality or performance of digital electronic equipment; or
(3) cause digital electronic equipment to display misleading alerts or warnings about replacement parts that an owner cannot immediately dismiss.
(4) In added Section 121.052, Business & Commerce Code (page 5, between line 52 and 53), add the following appropriately numbered subdivision to the section and renumber subsequent subdivisions of that section and cross-references to those subdivisions accordingly:
( ) requires an original equipment manufacturer to use software to identify component parts through a unique identifier or any other parts pairing mechanism for a replacement part that may threaten the security of the digital electronic equipment or the safety of life or health of individuals;
The amendment to CSHB 2963 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
CSHB 2963 as amended was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEE SUBSTITUTE
HOUSE BILL 2963 ON THIRD READING
Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 2963 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Wednesday, May 28, 2025 - 3
The Honorable President of the Senate
Senate Chamber
Austin, Texas
Mr. President:
I am directed by the house to inform the senate that the house has taken the following action:
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
SB 15
Bettencourt
Sponsor: Gates
|
Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee.
(Committee Substitute/Amended)
SB 251
Flores
Sponsor: Buckley
|
Relating to the creation of criminal law magistrates for Bell County.
SB 456
Middleton
Sponsor: Lopez, Janie
|
Relating to the purchase or sale of human organs; increasing a criminal penalty.
SB 457
Kolkhorst
Sponsor: Frank
|
Relating to the regulation of certain nursing facilities, including licensing requirements and Medicaid participation and reimbursement requirements.
(Committee Substitute/Amended)
SB 500
Sparks
Sponsor: Shaheen
|
Relating to access to certain information in the adoption process.
SB 506
Bettencourt
Sponsor: Paul
|
Relating to requirements for certain ballot propositions and to related procedures and provisions.
(Committee Substitute/Amended)
SB 510
Bettencourt
Sponsor: Shaheen
|
Relating to the failure of a voter registrar to comply with voter registration laws.
(Amended)
SB 571
Bettencourt
Sponsor: Leach
|
Relating to the reporting and investigation of certain misconduct and child abuse and neglect; creating a criminal offense.
(Amended)
SB 614
Hinojosa, Juan "Chuy"
Sponsor: Leach
|
Relating to the authority of the Texas Forensic Science Commission to review and refer certain cases to the office of capital and forensic writs.
SB 705
Zaffirini
Sponsor: Gerdes
|
Relating to the air conditioning and refrigeration contractors advisory board.
SB 748
Zaffirini
Sponsor: Gerdes
|
Relating to the regulation of laser hair removal.
SB 790
Alvarado
Sponsor: Guillen
|
Relating to the procedure for resolving certain customer complaints before the Public Utility Commission of Texas.
SB 800
Zaffirini
Sponsor: Wilson
|
Relating to a public institution of higher education's orientation on the institution's sexual harassment, sexual assault, dating violence, and stalking policy.
(Amended)
SB 850
Middleton
Sponsor: Bonnen
|
Relating to the payment of certain ad valorem tax refunds.
(Amended)
SB 863
Perry
Sponsor: Isaac
|
Relating to water withdrawn from the Edwards Aquifer.
(Amended)
SB 865
Alvarado
Sponsor: Leach
|
Relating to instruction in cardiopulmonary resuscitation and the use of automated external defibrillators and to a cardiac emergency response plan for certain school employees and volunteers.
(Amended)
SB 869
Birdwell
Sponsor: Shaheen
|
Relating to the deadline for the Texas Ethics Commission to resolve certain complaints.
SB 918
Zaffirini
Sponsor: VanDeaver
|
Relating to the licensing and regulation of orthotists and prosthetists.
SB 926
Hancock
Sponsor: Frank
|
Relating to certain practices of health benefit plan issuers to encourage the use of certain physicians and health care providers and rank physicians.
SB 955
Parker
Sponsor: Cook
|
Relating to the punishment for the offense of trafficking of persons.
SB 973
Eckhardt
Sponsor: Turner
|
Relating to the prohibition on posting on the Internet information held by an appraisal district regarding certain residential property.
(Amended)
SB 1055
Nichols
Sponsor: Ashby
|
Relating to permit fees for groundwater wells imposed by the Southeast Texas Groundwater Conservation District.
SB 1137
Miles
Sponsor: Simmons
|
Relating to group home consultant referrals; creating a criminal offense.
SB 1164
Zaffirini
Sponsor: Moody
|
Relating to emergency detention of certain persons evidencing mental illness and to court-ordered inpatient and extended mental health services.
SB 1191
Creighton
Sponsor: Harris Davila
|
Relating to the development of a standard method of computing a student's high school grade point average.
(Amended)
Relating to a biennial health coverage reference guide developed by the Texas Department of Insurance.
SB 1335
Zaffirini
Sponsor: Landgraf
|
Relating to decedents' estates.
SB 1362
Hughes
Sponsor: Hefner
|
Relating to prohibiting the recognition, service, and enforcement of extreme risk protective orders; creating a criminal offense.
(Amended)
SB 1467
Hinojosa, Juan "Chuy"
Sponsor: Oliverson
|
Relating to death records maintained by the vital statistics unit of the Department of State Health Services and provided to certain hospitals.
SB 1494
Johnson
Sponsor: Anchía
|
Relating to the authority of certain political subdivisions to change the date of their general elections.
(Committee Substitute)
SB 1522
Perry
Sponsor: Rose
|
Relating to the regulation of continuing care facilities.
(Committee Substitute)
SB 1558
Perry
Sponsor: Bonnen
|
Relating to the liability of nonprofit entities contracted with the Department of Family and Protective Services or with a single source continuum contractor to provide community-based care or child welfare services.
SB 1563
Menéndez
Sponsor: Plesa
|
Relating to county jailer training on interacting with veterans in the criminal justice system.
SB 1610
Perry
Sponsor: Cook
|
Relating to sexually violent predators, to the Texas Civil Commitment Office, and to the prosecution of the offense of harassment by sexually violent predators and other persons confined in certain facilities; amending certain sex offender registration requirements; increasing criminal penalties.
(Amended)
SB 1760
Zaffirini
Sponsor: Thompson
|
Relating to guardianships for persons who are incapacitated; changing a fee.
(Amended)
SB 1896
Huffman
Sponsor: Cook
|
Relating to the provision of information regarding an arrested person and the victim of the offense to a magistrate for purposes of an order for emergency protection.
SB 1923
West
Sponsor: Davis, Aicha
|
Relating to the modification of certain orders providing for the support of a child.
(Committee Substitute)
SB 1957
Hagenbuch
Sponsor: Hickland
|
Relating to the eligibility of a person to serve on a civilian oversight board.
(Amended)
SB 2206
Bettencourt
Sponsor: Geren
|
Relating to a franchise tax credit for, and the application of sales and use taxes to, certain research and development expenses.
SB 2321
King
Sponsor: Bell, Keith
|
Relating to the regulation of emissions by the Texas Commission on Environmental Quality during an event affecting electric demand or grid reliability.
(Committee Substitute)
SB 2337
Hughes
Sponsor: Leach
|
Relating to the regulation of the provision of proxy advisory services.
(Amended)
SB 2368
Campbell
Sponsor: Patterson
|
Relating to affiliation with certain foreign entities of certain persons working or participating in the electricity market; increasing an administrative penalty.
(Amended)
SB 2477
Bettencourt
Sponsor: Patterson
|
Relating to certain municipal regulation of conversion of certain office buildings to mixed-use and multifamily residential occupancy.
(Amended)
SB 2587
Zaffirini
Sponsor: Guillen
|
Relating to the access to and use of certain criminal history record information, to the procedure for obtaining that information, and to the correct terminology for certain licenses the issuance of which requires a criminal history background check.
(Amended)
SB 2615
Creighton
Sponsor: Tepper
|
Relating to restricting telework for employees of public institutions of higher education.
(Committee Substitute/Amended)
SB 2965
Creighton
Sponsor: Bell, Cecil
|
Relating to territory in an emergency services district that is annexed by a municipality.
(Amended)
SB 2972
Creighton
Sponsor: Leach
|
Relating to expressive activities at public institutions of higher education.
(Amended)
SB 2986
Campbell
Sponsor: Leach
|
Relating to use by a religious organization of public school or institution of higher education facilities.
(Amended)
SB 2995
West
Sponsor: Davis, Aicha
|
Relating to the displacement of student financial aid at a public institution of higher education.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
RECESS
On motion of Senator Zaffirini, the Senate at 4:50 p.m. recessed until 5:20 p.m. today.
AFTER RECESS
The Senate met at 7:30 p.m. and was called to order by the President.
SENATE CONCURRENT RESOLUTION 53
The President laid before the Senate the following resolution:
WHEREAS, The Senate of the State of Texas has passed House Bill No. 14 and returned it to the House of Representatives of the State of Texas; and
WHEREAS, Further consideration of the bill by the senate is necessary; now, therefore, be it
RESOLVED by the Senate of State of Texas, the House of Representatives of the State of Texas concurring, That the senate hereby respectfully request that the Chief Clerk of the House of Representatives be authorized to return House Bill No. 14 to the senate for further consideration.
SCHWERTNER
SCR 53 was read.
On motion of Senator Schwertner and by unanimous consent, the resolution was considered immediately and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of the resolution.
(Senator A. Hinojosa in Chair)
HOUSE BILL 5646 ON SECOND READING
Senator Hall moved to suspend the regular order of business to take up for consideration HB 5646 at this time on its second reading:
HB 5646, Relating to resident tuition rates and fees at public institutions of higher education for certain students in military-related programs.
The motion prevailed.
Senators Johnson and Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Hall offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 5646 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 51.805, Education Code, is amended by adding Subsection (c-1) to read as follows:
(c-1) In making an admissions decision, a senior military college or other general academic teaching institution that maintains a corps of cadets as a fraternal organization beyond training through a Reserve Officers' Training Corps (ROTC) program shall consider an applicant's intent to enlist in a branch of the United States armed forces or enroll in the corps of cadets.
The amendment to HB 5646 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
HB 5646 as amended was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Johnson.
HOUSE BILL 5646 ON THIRD READING
Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 5646 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Johnson, Miles.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1.
Nays: Johnson.
HOUSE BILL 4158 ON SECOND READING
Senator Huffman moved to suspend the regular order of business to take up for consideration HB 4158 at this time on its second reading:
HB 4158, Relating to the compensation of the directors of the Texana Groundwater Conservation District.
The motion prevailed.
Senators Hughes, Middleton, and Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Hughes, Middleton.
HOUSE BILL 4158 ON THIRD READING
Senator Huffman moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4158 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hughes, Middleton, Miles.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hughes, Middleton.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Wednesday, May 28, 2025 - 4
(IN REVISION)
The Honorable President of the Senate
Senate Chamber
Austin, Texas
Mr. President:
I am directed by the house to inform the senate that the house has taken the following action:
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
Relating to the oversight and financing of certain water infrastructure matters under the jurisdiction of the Texas Water Development Board.
(Committee Substitute/Amended)
SB 13
Paxton
Sponsor: Buckley
|
Relating to a school district's library materials and catalog, the establishment of local school library advisory councils, and parental rights regarding public school library catalogs and access by the parent's child to library materials.
(Committee Substitute/Amended)
SB 30
Schwertner
Sponsor: Bonnen
|
Relating to recovery of health care-related damages in certain civil actions.
(Committee Substitute/Amended)
SB 66
Zaffirini
Sponsor: Leach
|
Relating to a study on authorizing a supporter under a supported decision-making agreement to assist an adult with a disability with legal proceedings.
(Committee Substitute)
SB 268
Perry
Sponsor: Howard
|
Relating to the procedure for certain complaints against health care practitioners.
(Amended)
SB 331
Kolkhorst
Sponsor: Frank
|
Relating to the disclosure of health care cost information by certain health care facilities; imposing an administrative penalty.
(Committee Substitute/Amended)
SB 413
Middleton
Sponsor: Buckley
|
Relating to the meetings of the boards of trustees of independent school districts.
(Amended)
SB 519
Middleton
Sponsor: Metcalf
|
Relating to the creation of a grant program to promote educational engagement with Texas history.
SB 527
Schwertner
Sponsor: Oliverson
|
Relating to health benefit coverage for general anesthesia in connection with certain pediatric dental services.
SB 646
West
Sponsor: Davis, Aicha
|
Relating to repayment of certain mental health professional education loans.
SB 667
Hughes
Sponsor: Barry
|
Relating to prohibiting certain state governmental entities from investing in certain Chinese-affiliated entities.
SB 763
Alvarado
Sponsor: Bell, Keith
|
Relating to standard permits for certain concrete plants.
(Committee Substitute)
SB 766
Zaffirini
Sponsor: Landgraf
|
Relating to the correction of references to the Texas Natural Resource Conservation Commission.
SB 826
Parker
Sponsor: Little
|
Relating to the operation of a motor vehicle in a school crossing zone while intoxicated; increasing a criminal penalty.
SB 857
Schwertner
Sponsor: Louderback
|
Relating to the authorized removal of certain motor vehicles.
SB 974
Eckhardt
Sponsor: Turner
|
Relating to the eligibility of a person employed by a school district as a teacher to serve on the appraisal review board of an appraisal district; creating a criminal offense.
(Committee Substitute)
SB 1049
King
Sponsor: Frank
|
Relating to excused absences from public school for the purpose of attending a released time course.
SB 1233
Hancock
Sponsor: Swanson
|
Relating to information regarding perinatal palliative care; creating an administrative penalty.
SB 1243
Birdwell
Sponsor: Slawson
|
Relating to the dissolution of a public utility agency.
SB 1266
Alvarado
Sponsor: Hull
|
Relating to Medicaid provider enrollment and credentialing processes.
SB 1300
Flores
Sponsor: Cook
|
Relating to the prosecution and punishment of the criminal offense of organized retail theft; increasing criminal penalties.
(Amended)
SB 1302
Kolkhorst
Sponsor: Bell, Cecil
|
Relating to eligibility to use a general permit to discharge waste into or adjacent to waters in this state.
SB 1400
Kolkhorst
Sponsor: Kitzman
|
Relating to a study on measurable outcomes for certain transfer students for performance tier funding under the public junior college state finance program.
SB 1433
Bettencourt
Sponsor: Smithee
|
Relating to the assertion of legislative privilege by the attorney general in certain legal challenges to the constitutionality of state statutes.
SB 1540
Bettencourt
Sponsor: Capriglione
|
Relating to maintaining the confidentiality of the personal information of election officials and their employees.
(Amended)
SB 1567
Bettencourt
Sponsor: Vasut
|
Relating to the authority of home-rule municipalities to regulate the occupancy of dwelling units.
(Amended)
SB 1580
Blanco
Sponsor: VanDeaver
|
Relating to the composition of the governing body of a local mental health authority.
(Amended)
SB 1596
Hagenbuch
Sponsor: Hayes
|
Relating to the prohibition of short-barrel firearms.
SB 1644
Schwertner
Sponsor: Smithee
|
Relating to the use of a consumer's credit score in the underwriting or rating of certain personal lines property and casualty insurance policies.
SB 1660
Huffman
Sponsor: Cook
|
Relating to the retention and preservation of toxicological evidence of certain intoxication offenses.
(Amended)
SB 1718
Sparks
Sponsor: Guillen
|
Relating to the eligibility of the National Rifle Association's Annual Meetings and Exhibits or another annual event of the National Rifle Association for funding under the major events reimbursement program.
SB 1758
Birdwell
Sponsor: Landgraf
|
Relating to the operation of a cement kiln and the production of aggregates near a semiconductor wafer manufacturing facility.
SB 1858
Hagenbuch
Sponsor: Leach
|
Relating to eligibility for the bulletproof vest and body armor grant program.
SB 1946
Zaffirini
Sponsor: Manuel
|
Relating to the creation of a family violence criminal homicide prevention task force.
(Amended)
SB 1964
Parker
Sponsor: Capriglione
|
Relating to the regulation and use of artificial intelligence systems and the management of data by governmental entities.
(Committee Substitute/Amended)
SB 2018
Paxton
Sponsor: Harris
|
Relating to the strong families credit against certain taxes for entities that contribute to certain organizations.
(Amended)
SB 2024
Perry
Sponsor: Leach
|
Relating to a prohibition on marketing, advertising, or selling certain e-cigarette products; creating a criminal offense.
(Amended)
SB 2073
Zaffirini
Sponsor: Guillen
|
Relating to the authority of an appraisal district to purchase, finance the purchase of, or lease real property or construct or finance the construction of improvements to real property.
SB 2121
Johnson
Sponsor: Bell, Keith
|
Relating to the regulation of certain business entities that act as data brokers.
(Committee Substitute)
SB 2177
Hagenbuch
Sponsor: Little
|
Relating to the creation of a grant program to assist local law enforcement agencies in solving violent and sexual offenses.
SB 2217
Hughes
Sponsor: Shaheen
|
Relating to certain election practices and procedures.
(Amended)
SB 2221
Parker
Sponsor: Lambert
|
Relating to the filing of a fraudulent financing statement in relation to certain secured transactions; authorizing the imposition of a fee.
(Amended)
SB 2373
Johnson
Sponsor: Capriglione
|
Relating to financial exploitation or financial abuse using artificially generated media or phishing communications; providing a civil penalty; creating a criminal offense.
(Committee Substitute)
SB 2431
Campbell
Sponsor: Howard
|
Relating to requiring foreign language credit opportunities for students enrolled in study abroad components or programs offered by certain institutions of higher education in this state.
(Committee Substitute)
SB 2480
Campbell
Sponsor: Oliverson
|
Relating to the Texas Physician Health Program and the regulation of certain occupations by the Texas Medical Board; expanding the applicability of surcharges.
SB 2501
Zaffirini
Sponsor: Landgraf
|
Relating to selection of an attorney by an indigent parent as attorney ad litem for the parent in certain suits affecting the parent-child relationship.
SB 2610
Blanco
Sponsor: Capriglione
|
Relating to a limitation on civil liability of business entities in connection with a breach of system security.
SB 2753
Hall
Sponsor: Isaac
|
Relating to a study on the feasibility of integrating early voting by personal appearance and election day voting, including the manner in which election returns are processed and other related changes.
(Committee Substitute/Amended)
SB 2781
Birdwell
Sponsor: Shaheen
|
Relating to the imposition of civil penalties for certain violations with respect to political contributions and expenditures made by certain persons who engage in lobbying activities.
SB 2807
Hagenbuch
Sponsor: Curry
|
Relating to the considerations when determining whether an operator of a motor vehicle is an employee of a motor carrier or an independent contractor.
(Amended)
SB 2885
Flores
Sponsor: Buckley
|
Relating to the use of reclaimed water that has been treated to meet certain standards as part of an aquifer storage and recovery project.
SB 2900
Kolkhorst
Sponsor: Bhojani
|
Relating to a review of certain advisory entities under the jurisdiction of the comptroller of public accounts and to the repeal or redesignation of certain of those entities.
(Amended)
SB 3039
West
Sponsor: Davis, Aicha
|
Relating to the transfer of students in public higher education.
(Amended)
SB 3047
Zaffirini
Sponsor: Cole
|
Relating to the creation of the Pura Vida Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.
(Committee Substitute/Amended)
SCR 9
Hughes
Sponsor: Smithee
|
Urging Congress to propose and submit to the states for ratification the "Keep Nine" amendment to the U.S. Constitution.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
COMMITTEE SUBSTITUTE
HOUSE BILL 5666 ON SECOND READING
Senator Bettencourt moved to suspend the regular order of business to take up for consideration CSHB 5666 at this time on its second reading:
CSHB 5666, Relating to the creation of the Fenske Road Municipal Utility District of Harris County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Middleton, Miles, Sparks.
The bill was read second time and was passed to third reading by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Middleton, Sparks.
COMMITTEE SUBSTITUTE
HOUSE BILL 5666 ON THIRD READING
Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 5666 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Middleton, Miles, Sparks.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Middleton, Sparks.
HOUSE BILL 1052 ON SECOND READING
Senator Blanco moved to suspend the regular order of business to take up for consideration HB 1052 at this time on its second reading:
HB 1052, Relating to health benefit plan coverage of telemedicine, teledentistry, and telehealth appointments with an originating site or distant site located outside this state.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Parker, Paxton, Perry, Sparks, West, Zaffirini.
Nays: Hughes, Miles, Nichols, Schwertner.
The bill was read second time and was passed to third reading by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Parker, Paxton, Perry, Sparks, West, Zaffirini.
Nays: Hughes, Nichols, Schwertner.
HOUSE BILL 1052 ON THIRD READING
Senator Blanco moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1052 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Parker, Paxton, Perry, Sparks, West, Zaffirini.
Nays: Hughes, Miles, Nichols, Schwertner.
The bill was read third time and was passed by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Parker, Paxton, Perry, Sparks, West, Zaffirini.
Nays: Hughes, Nichols, Schwertner.
HOUSE BILL 117 ON SECOND READING
Senator Campbell moved to suspend the regular order of business to take up for consideration HB 117 at this time on its second reading:
HB 117, Relating to the establishment of the governor's task force on the governance of early childhood education and care.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Birdwell, Creighton, Kolkhorst, Miles.
The bill was read second time.
Senator Campbell offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 117 (senate committee printing) in SECTION 1 of the bill, in added Section 455.004(a), Government Code (page 2, between lines 5 and 6), by inserting the following appropriately numbered subdivision and renumbering subsequent subdivisions accordingly:
(__) develop and recommend standards for high quality prekindergarten programs, including programs under Subchapter E-1, Chapter 29, Education Code;
The amendment to HB 117 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Campbell offered the following amendment to the bill:
Floor Amendment No. 2
Amend HB 117 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. An entity to which Chapter 455, Government Code, as added by this Act, applies is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, an entity may, but is not required to, implement a provision of this Act using other money available for that purpose.
The amendment to HB 117 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
HB 117 as amended was passed to third reading by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Birdwell, Creighton, Hughes, Kolkhorst, Middleton, Sparks.
HOUSE BILL 117 ON THIRD READING
Senator Campbell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 117 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Birdwell, Creighton, Kolkhorst, Miles.
The bill was read third time and was passed by the following vote: Yeas 25, Nays 6.
Yeas: Alvarado, Bettencourt, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Birdwell, Creighton, Hughes, Kolkhorst, Middleton, Sparks.
(Senator Flores in Chair)
COMMITTEE SUBSTITUTE
HOUSE BILL 3697 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSHB 3697 at this time on its second reading:
CSHB 3697, Relating to the text on an application for a ballot to be voted by mail and other balloting materials.
The motion prevailed.
Senators Miles and Sparks asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Zaffirini offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 3697 (senate committee report) as follows:
(1) In SECTION 1 of the bill, in amended Section 84.011(b), Election Code (page 1, line 31), strike "12-point" and substitute "10-point".
(2) Strike SECTION 2 of the bill, adding Section 86.002(j), Election Code (page 1, lines 34 through 39), and renumber subsequent SECTIONS of the bill accordingly.
The amendment to CSHB 3697 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
CSHB 3697 as amended was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Sparks.
COMMITTEE SUBSTITUTE
HOUSE BILL 3697 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 3697 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Miles, Sparks.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1.
Nays: Sparks.
HOUSE BILL 2517 ON SECOND READING
Senator A. Hinojosa moved to suspend the regular order of business to take up for consideration HB 2517 at this time on its second reading:
HB 2517, Relating to the applicability of premium and maintenance taxes to the Texas Windstorm Insurance Association and Texas FAIR Plan Association.
The motion prevailed.
Senators Hagenbuch, Hughes, and Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Hagenbuch, Hughes.
HOUSE BILL 2517 ON THIRD READING
Senator A. Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2517 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hagenbuch, Hughes, Miles.
The bill was read third time and was passed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Hagenbuch, Hughes.
(President in Chair)
HOUSE BILL 5437 ON SECOND READING
Senator Kolkhorst moved to suspend the regular order of business to take up for consideration HB 5437 at this time on its second reading:
HB 5437, Relating to the validation of the creation of and certain acts of the Austin County Municipal Utility District No. 1.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Middleton, Miles, Sparks.
The bill was read second time and was passed to third reading by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Middleton, Sparks.
HOUSE BILL 5437 ON THIRD READING
Senator Kolkhorst moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 5437 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Middleton, Miles, Sparks.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Middleton, Sparks.
HOUSE BILL 4144 ON SECOND READING
Senator Middleton moved to suspend the regular order of business to take up for consideration HB 4144 at this time on its second reading:
HB 4144, Relating to supplemental benefits for retired firefighters and peace officers diagnosed with certain diseases or illnesses.
The motion prevailed.
Senator Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Middleton offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 4144 (senate committee printing) in SECTION 1 of the bill, in added Subchapter D, Chapter 607, Government Code, as follows:
(1) In the subchapter heading (page 1, line 31), between "BY" and "RETIRED", insert "CERTAIN".
(2) Strike Section 607.151(3), Government Code (page 1, lines 39-40), and renumber subsequent subdivisions accordingly.
(3) Immediately after Section 607.151, Government Code (page 1, between lines 42 and 43), insert the following appropriately numbered section and renumber subsequent sections accordingly:
Sec. 607.___. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to a firefighter or peace officer who retires from a fire department or law enforcement agency with at least 50 firefighters or peace officers, respectively.
(4) In Section 607.152(a), Government Code (page 1, line 45), strike "governmental entity" and substitute "political subdivision".
(5) In Section 607.152(a), Government Code (page 1, line 46), strike "from the entity" and substitute "from the political subdivision".
(6) In Section 607.152(c), Government Code (page 1, line 57), strike "governmental entity" and substitute "political subdivision".
(7) In Section 607.152(e), Government Code (page 2, line 4), strike "governmental entity" and substitute "political subdivision".
(8) In Section 607.152(e), Government Code (page 2, lines 5-6), strike "from the entity" and substitute "from the political subdivision".
(9) In Section 607.152(e), Government Code (page 2, line 7), strike "the entity provided" and substitute "the political subdivision provided".
The amendment to HB 4144 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
HB 4144 as amended was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 4144 ON THIRD READING
Senator Middleton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4144 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Miles.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
VOTES RECONSIDERED ON
HOUSE BILL 1240
On motion of Senator A. Hinojosa and by unanimous consent, the vote by which HB 1240 was finally passed was reconsidered:
HB 1240, Relating to certain governmental operations affecting the border region.
Question: Shall HB 1240 be finally passed?
On motion of Senator A. Hinojosa and by unanimous consent, the vote by which HB 1240 was passed to third reading was reconsidered.
Question: Shall HB 1240 be passed to third reading?
On motion of Senator A. Hinojosa and by unanimous consent, the vote by which Floor Amendment No. 1 was adopted was reconsidered.
Question: Shall Floor Amendment No. 1 to HB 1240 be adopted?
Senator A. Hinojosa withdrew Floor Amendment No. 1.
HB 1240 was again passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles.
HOUSE BILL 1240 ON THIRD READING
Senator A. Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1240 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Alvarado, Blanco, Cook, Eckhardt, Menéndez, Miles.
The bill was again read third time and was again finally passed by the following vote: Yeas 23, Nays 8.
Yeas: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, Johnson, Menéndez, Miles.
ACKNOWLEDGMENT
The President acknowledged the presence of Texas Secretary of State Jane Nelson.
The Senate welcomed its guest.
SENATE BILL 22 WITH HOUSE AMENDMENTS
Senator Huffman called SB 22 from the President's table for consideration of the House amendments to the bill.
The President laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 22 (house committee report) as follows:
(1) On page 9, line 24, following the underlined semicolon, strike "or".
(2) On page 9, line 27, strike the underlined period and substitute an underlined semicolon.
(3) On page 9, immediately following line 27, insert the following:
(6) a Texas historic site grant in an amount equal to 2.5 percent of total in-state spending for a moving image project that qualifies under Subsection (g); or
(7) a workforce development grant in an amount equal to 2.5 percent of total in-state spending for a moving image project that qualifies under Subsection (h).
(4) On page 11, between lines 13 and 14, insert the following:
(g) A moving image project qualifies for a Texas historic site grant under Subsection (a)(6) if the production company utilizes historic sites in this state as filming locations. The office shall adopt rules to implement and administer this subsection.
(h) A moving image project qualifies for a workforce development grant under Subsection (a)(7) if the production company partners with an institution of higher education in this state to provide moving image industry workforce development opportunities during production of the project. The office shall adopt rules to implement and administer this subsection.
(5) On page 11, line 14, strike "(g)" and substitute "(i)".
Floor Amendment No. 1 on Third Reading
Amend SB 22 on third reading in SECTION 2.07 of the bill, in added Section 151.801(g), Tax Code (house committee report, page 12, line 6), by striking "$500 million" and substituting "$300 million".
The amendments were read.
Senator Huffman moved to concur in the House amendments to SB 22.
The motion prevailed by the following vote: Yeas 23, Nays 8.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Flores, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Menéndez, Miles, Nichols, Parker, Paxton, Schwertner, Sparks, West, Zaffirini.
Nays: Creighton, Eckhardt, Gutierrez, Hall, Hughes, Kolkhorst, Middleton, Perry.
HOUSE BILL 4285 ON SECOND READING
Senator Parker moved to suspend the regular order of business to take up for consideration HB 4285 at this time on its second reading:
HB 4285, Relating to the storage of alcoholic beverages by the holder of a passenger transportation permit.
The motion prevailed.
Senators Miles and Perry asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Perry.
HOUSE BILL 4285 ON THIRD READING
Senator Parker moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4285 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 29, Nays 2.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Schwertner, Sparks, West, Zaffirini.
Nays: Miles, Perry.
The bill was read third time and was passed by the following vote: Yeas 30, Nays 1.
Nays: Perry.
(Senator Flores in Chair)
HOUSE BILL 2655 ON SECOND READING
Senator J. Hinojosa moved to suspend the regular order of business to take up for consideration HB 2655 at this time on its second reading:
HB 2655, Relating to operation by certain nonprofit organizations of certain regional health care programs for employees of small employers.
The motion prevailed.
Senator Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2655 ON THIRD READING
Senator J. Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2655 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Miles.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 121 ON SECOND READING
Senator Nichols moved to suspend the regular order of business to take up for consideration HB 121 at this time on its second reading:
HB 121, Relating to measures for ensuring public school safety, including the commissioning of peace officers by the Texas Education Agency, the composition of the board of directors of the Texas School Safety Center, public school safety and security requirements and resources, and the reporting of child abuse or neglect by public school employees.
The motion prevailed.
Senators Birdwell and Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Nichols offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 121 (senate committee report) as follows:
(1) In SECTION 1 of the bill, in added Article 2A.001(35), Code of Criminal Procedure (page 3), strike lines 1 and 2 and substitute the following:
(35) an inspector employed by the Texas Education Agency under Section 37.1031, Education Code, subject to the limitations imposed by that section
(2) Strike SECTION 2 of the bill, adding Section 7.021(d), Education Code (page 3, lines 6 through 9).
(3) In SECTION 3 of the bill, in added Section 37.0814(d)(2)(A)(ii), Education Code (page 3, line 25), strike "180th" and substitute "90th".
(4) In SECTION 4 of the bill, strike added Section 37.1031, Education Code (page 3, lines 57 through 64) and substitute the following:
Sec. 37.1031. AGENCY INSPECTORS. The agency may employ inspectors only for the purposes of:
(1) assisting the agency in monitoring school district safety and security requirements under Section 37.1083; and
(2) coordinating with local, state, and federal law enforcement during an event requiring an emergency response by a school district.
(5) In SECTION 8 of the bill, in amended Section 37.203(a), Education Code (page 6, line 44), strike added Paragraph (K) and substitute the following:
(K) two [(J) three] members of the public.
(6) Strike SECTION 11 of the bill, amending Section 38.004(a), Education Code (page 7, lines 1 through 22).
(7) In SECTION 12 of the bill, in amended Section 48.115(b), Education Code (page 7, lines 34 through 37), strike amended Paragraph (C) and substitute the following:
(C) interior and exterior door and window safety and security upgrades, including:
(i) exterior door numbering;
(ii) primary and secondary locking systems; and
(iii) security film that provides resistance to a forced entry; and
(8) Strike SECTION 13 of the bill, amending Section 261.103, Family Code (page 8, lines 13 through 30).
(9) Add the following appropriately numbered SECTIONS to the bill:
SECTION ____. Section 37.1083(a), Education Code, is amended to read as follows:
(a) The agency shall monitor the implementation and operation of requirements related to school district safety and security, including [school district]:
(1) school district multihazard emergency operations plans; [and]
(2) school district safety and security audits; and
(3) the response and use of emergency operations procedures by a school district during an event requiring an emergency response by the district.
SECTION ____. Section 37.117, Education Code, as added by Chapter 896 (H.B. 3), Acts of the 88th Legislature, Regular Session, 2023, is amended to read as follows:
Sec. 37.117. EMERGENCY RESPONSE MAP AND WALK-THROUGH. (a) Each school district and open-enrollment charter school shall provide to the Department of Public Safety and all appropriate local law enforcement agencies and emergency first responders:
(1) an accurate map of each district campus and school building that is developed and documented in accordance with the standards described by Section 37.351 related to developing site and floor plans, access control, and exterior door numbering; and
(2) an opportunity to conduct a walk-through of each district campus and school building using the map described by Subdivision (1).
(b) Each school district and open-enrollment charter school shall provide the map described by Subsection (a)(1) to each emergency services district located in whole or in part within the school district or geographic area served by the open-enrollment charter school.
(10) Renumber the SECTIONS of the bill accordingly.
The amendment to HB 121 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Hancock offered the following amendment to the bill:
Floor Amendment No. 2
Amend HB 121 (senate committee report) in SECTION 5 of the bill, in amended Section 37.108(a), Education Code (page 4, line 2), between "response," and "and", by inserting "reunification,".
The amendment to HB 121 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
HB 121 as amended was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 121 ON THIRD READING
Senator Nichols moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 121 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Miles.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
Wednesday, May 28, 2025 - 5
The Honorable President of the Senate
Senate Chamber
Austin, Texas
Mr. President:
I am directed by the house to inform the senate that the house has taken the following action:
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
SCR 53
Schwertner
Sponsor: Bonnen
|
Returning House Bill No. 14 to the Senate for further consideration.
THE HOUSE HAS CONCURRED IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES:
HB 6 (114 Yeas, 19 Nays, 1 Present, not voting)
HB 18 (115 Yeas, 18 Nays, 1 Present, not voting)
HB 35 (95 Yeas, 41 Nays, 1 Present, not voting)
HB 43 (102 Yeas, 35 Nays, 1 Present, not voting)
HB 103 (127 Yeas, 4 Nays, 2 Present, not voting)
HB 107 (96 Yeas, 31 Nays, 2 Present, not voting)
HB 114 (130 Yeas, 0 Nays, 1 Present, not voting)
HB 120 (116 Yeas, 6 Nays, 1 Present, not voting)
HB 138 (128 Yeas, 4 Nays, 1 Present, not voting)
HB 143 (124 Yeas, 12 Nays, 3 Present, not voting)
HB 163 (105 Yeas, 29 Nays, 1 Present, not voting)
HB 171 (109 Yeas, 27 Nays, 2 Present, not voting)
HB 216 (130 Yeas, 6 Nays, 1 Present, not voting)
HB 449 (134 Yeas, 1 Nays, 1 Present, not voting)
HB 581 (133 Yeas, 1 Nays, 2 Present, not voting)
HB 647 (115 Yeas, 23 Nays, 1 Present, not voting)
HB 700 (98 Yeas, 23 Nays, 3 Present, not voting)
HB 762 (121 Yeas, 13 Nays, 1 Present, not voting)
HB 851 (114 Yeas, 22 Nays, 1 Present, not voting)
HB 1237 (98 Yeas, 35 Nays, 2 Present, not voting)
HB 1500 (113 Yeas, 21 Nays, 1 Present, not voting)
HB 1522 (132 Yeas, 2 Nays, 1 Present, not voting)
HB 1584 (129 Yeas, 1 Nays, 1 Present, not voting)
HB 2080 (123 Yeas, 12 Nays, 1 Present, not voting)
HB 2221 (124 Yeas, 12 Nays, 1 Present, not voting)
HB 2313 (82 Yeas, 55 Nays, 1 Present, not voting)
HB 2495 (137 Yeas, 1 Nays, 1 Present, not voting)
HB 2637 (120 Yeas, 16 Nays, 1 Present, not voting)
HB 2688 (132 Yeas, 1 Nays, 1 Present, not voting)
HB 2712 (101 Yeas, 38 Nays, 1 Present, not voting)
HB 2818 (105 Yeas, 32 Nays, 2 Present, not voting)
HB 2851 (88 Yeas, 49 Nays, 2 Present, not voting)
HB 3016 (135 Yeas, 1 Nays, 1 Present, not voting)
HB 3126 (125 Yeas, 11 Nays, 1 Present, not voting)
HB 3153 (137 Yeas, 0 Nays, 1 Present, not voting)
HB 3250 (101 Yeas, 34 Nays, 2 Present, not voting)
HB 3348 (106 Yeas, 29 Nays, 1 Present, not voting)
HB 3463 (102 Yeas, 34 Nays, 1 Present, not voting)
HB 3464 (128 Yeas, 0 Nays, 2 Present, not voting)
HB 3486 (114 Yeas, 21 Nays, 1 Present, not voting)
HB 3487 (124 Yeas, 6 Nays, 2 Present, not voting)
HB 3512 (119 Yeas, 18 Nays, 1 Present, not voting)
HB 3689 (114 Yeas, 20 Nays, 1 Present, not voting)
HB 3711 (82 Yeas, 40 Nays, 1 Present, not voting)
HB 3824 (135 Yeas, 2 Nays, 2 Present, not voting)
HB 4226 (90 Yeas, 43 Nays, 1 Present, not voting)
HB 4263 (136 Yeas, 0 Nays, 1 Present, not voting)
HB 4264 (98 Yeas, 39 Nays, 1 Present, not voting)
HB 4310 (112 Yeas, 13 Nays, 2 Present, not voting)
HB 4341 (132 Yeas, 1 Nays, 1 Present, not voting)
HB 4384 (121 Yeas, 11 Nays, 1 Present, not voting)
HB 4386 (135 Yeas, 0 Nays, 1 Present, not voting)
HB 4486 (108 Yeas, 28 Nays, 2 Present, not voting)
HB 4488 (108 Yeas, 27 Nays, 2 Present, not voting)
HB 4520 (98 Yeas, 39 Nays, 1 Present, not voting)
HB 4530 (90 Yeas, 42 Nays, 2 Present, not voting)
HB 4903 (102 Yeas, 29 Nays, 1 Present, not voting)
HB 5033 (106 Yeas, 23 Nays, 1 Present, not voting)
HB 5081 (114 Yeas, 22 Nays, 1 Present, not voting)
HB 5154 (100 Yeas, 36 Nays, 1 Present, not voting)
HB 5247 (110 Yeas, 28 Nays, 1 Present, not voting)
HB 5323 (101 Yeas, 35 Nays, 1 Present, not voting)
HB 5331 (115 Yeas, 19 Nays, 2 Present, not voting)
HB 5659 (105 Yeas, 29 Nays, 1 Present, not voting)
HB 5671 (98 Yeas, 34 Nays, 2 Present, not voting)
HCR 9 (127 Yeas, 3 Nays, 3 Present, not voting)
THE HOUSE HAS REFUSED TO CONCUR IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:
HB 145
House Conferees: King - Chair/Anchía/Geren/Hunter/McQueeney
HB 493
House Conferees: Shaheen - Chair/Capriglione/Metcalf/Plesa/Raymond
HB 2516
House Conferees: Guillen - Chair/Dean/Johnson/Perez, Mary Ann/Wharton
HB 2974
House Conferees: Craddick - Chair/Geren/McQueeney/Meyer/Romero
HB 3071
House Conferees: Geren - Chair/Harris/King/McQueeney/Walle
THE HOUSE HAS TAKEN THE FOLLOWING OTHER ACTION:
HB 14
Pursuant to the adoption of SCR 53, the house returns HB 14 to the senate for further consideration.
Respectfully,
/s/Stephen Brown,
Chief Clerk
House of Representatives
HOUSE BILL 2217 ON SECOND READING
Senator Hagenbuch moved to suspend the regular order of business to take up for consideration HB 2217 at this time on its second reading:
HB 2217, Relating to establishing a grant program to equip motor vehicles used by peace officers with certain bullet-resistant components.
The motion prevailed.
Senator Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2217 ON THIRD READING
Senator Hagenbuch moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2217 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Miles.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
COMMITTEE SUBSTITUTE
HOUSE BILL 4236 ON SECOND READING
Senator Bettencourt moved to suspend the regular order of business to take up for consideration CSHB 4236 at this time on its second reading:
CSHB 4236, Relating to the creation of a study group to evaluate the school district property value study conducted by the comptroller of public accounts.
The motion prevailed.
Senators Hall, Hughes, Miles, and Sparks asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays: Hall, Hughes, Sparks.
COMMITTEE SUBSTITUTE
HOUSE BILL 4236 ON THIRD READING
Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 4236 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Miles, Sparks.
The bill was read third time and was passed by the following vote: Yeas 28, Nays 3.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Middleton, Miles, Nichols, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Hall, Hughes, Sparks.
HOUSE BILL 426 ON SECOND READING
Senator West moved to suspend the regular order of business to take up for consideration HB 426 at this time on its second reading:
HB 426, Relating to Medicaid and child health plan program coverage and reimbursement for childhood cranial remolding orthosis.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Creighton, Hagenbuch, Hughes, Middleton, Miles.
The bill was read second time and was passed to third reading by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Creighton, Hagenbuch, Hughes, Middleton.
HOUSE BILL 426 ON THIRD READING
Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 426 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Creighton, Hagenbuch, Hughes, Middleton, Miles.
The bill was read third time and was passed by the following vote: Yeas 27, Nays 4.
Yeas: Alvarado, Bettencourt, Birdwell, Blanco, Campbell, Cook, Eckhardt, Flores, Gutierrez, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Johnson, King, Kolkhorst, Menéndez, Miles, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West, Zaffirini.
Nays: Creighton, Hagenbuch, Hughes, Middleton.
COMMITTEE SUBSTITUTE
HOUSE BILL 40 ON SECOND READING
Senator Hughes moved to suspend the regular order of business to take up for consideration CSHB 40 at this time on its second reading:
CSHB 40, Relating to the business court.
The motion prevailed by the following vote: Yeas 24, Nays 7.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Miles, West, Zaffirini.
The bill was read second time.
Senator Hughes offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 40 (senate committee report) as follows:
(1) In SECTION 44 of the bill, strike the final sentence of amended Section 25A.003(d), Government Code (page 9, lines 45 through 47), and substitute "[The division is abolished September 1, 2026, unless reauthorized by the legislature and funded through additional legislative appropriations.]".
(2) In SECTION 44 of the bill, strike the final sentences in each of amended Sections 25A.003(g), (h), (i), (k), and (l), Government Code, and substitute "[The division is abolished on September 1, 2026, unless reauthorized by the legislature and funded through additional legislative appropriations.]" in each of the following places:
(A) On page 9, lines 51 through 53;
(B) On page 9, lines 57 through 59;
(C) On page 9, lines 63 through 65;
(D) Page 9, line 69, through page 10, line 2; and
(E) On page 10, lines 6 through 8.
(3) In SECTION 68 of the bill, strike added Section 659.012(a-1), Government Code (page 18, lines 5 through 11), and substitute the following:
(a-1) In addition to the annual base salary from the state prescribed by Subsection (a), a judge of a division of the business court is entitled to an additional annual salary from the state in an amount equal to the difference between the judge's annual base salary from the state and the maximum combined base salary from all state and county sources paid to a district judge under Subsection (a).
The amendment to CSHB 40 was read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
CSHB 40 as amended was passed to third reading by the following vote: Yeas 24, Nays 7.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Miles, West, Zaffirini.
COMMITTEE SUBSTITUTE
HOUSE BILL 40 ON THIRD READING
Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 40 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 25, Nays 6.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks, West.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Miles, Zaffirini.
The bill was read third time and was passed by the following vote: Yeas 24, Nays 7.
Yeas: Bettencourt, Birdwell, Blanco, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, Johnson, King, Kolkhorst, Menéndez, Middleton, Nichols, Parker, Paxton, Perry, Schwertner, Sparks.
Nays: Alvarado, Cook, Eckhardt, Gutierrez, Miles, West, Zaffirini.
HOUSE BILL 2757 ON SECOND READING
Senator Hagenbuch moved to suspend the regular order of business to take up for consideration HB 2757 at this time on its second reading:
HB 2757, Relating to a public school policy for establishing age for purposes of admission into the school for certain children of foreign military members.
The motion prevailed.
Senator Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2757 ON THIRD READING
Senator Hagenbuch moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 2757 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Miles.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 1532 ON SECOND READING
Senator Creighton moved to suspend the regular order of business to take up for consideration HB 1532 at this time on its second reading:
HB 1532, Relating to the creation of the Lake Houston Dredging and Maintenance District; providing the authority to issue bonds.
The motion prevailed.
Senator Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 1532 ON THIRD READING
Senator Creighton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 1532 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Miles.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
COMMITTEE SUBSTITUTE
HOUSE BILL 3073 ON SECOND READING
On motion of Senator Paxton and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 3073 at this time on its second reading:
CSHB 3073, Relating to the prosecution of the offense of sexual assault.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEE SUBSTITUTE
HOUSE BILL 3073 ON THIRD READING
Senator Paxton moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHB 3073 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 31, Nays 0.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
HOUSE BILL 4848 ON SECOND READING
Senator A. Hinojosa moved to suspend the regular order of business to take up for consideration HB 4848 at this time on its second reading:
HB 4848, Relating to requiring that competency-based baccalaureate degree programs be offered at certain public institutions of higher education.
The motion prevailed.
Senator Miles asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading without objection.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 4848 ON THIRD READING
Senator A. Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4848 be placed on its third reading and final passage.
The motion prevailed by the following vote: Yeas 30, Nays 1.
Nays: Miles.
The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.
VOTE RECONSIDERED ON
HOUSE BILL 14
On motion of Senator Schwertner and by unanimous consent, the vote by which HB 14 was finally passed was reconsidered:
HB 14, Relating to support for the development of the nuclear energy industry.
Question: Shall HB 14 be finally passed?
Senator Schwertner offered the following amendment to the bill:
Floor Amendment No. 1 on Third Reading
Amend HB 14 (senate committee report) on third reading as follows:
(1) In added Section 483.202, Government Code (page 3, between lines 65 and 66), insert the following appropriately lettered subsection and reletter subsequent subsections and cross-references to those subsection appropriately:
( ) An applicant that has received state-appropriated money for an advanced nuclear reactor is not eligible to receive a grant under Section 483.204.
(2) In added Section 483.204 (d) (2), Government Code (page 5, line 8), strike "$100" and substitute "$120".
The amendment to HB 14 was again read and was adopted without objection.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 on Third Reading.
HB 14 as amended was again finally passed by the following vote: Yeas 26, Nays 5.
Yeas: Alvarado, Bettencourt, Blanco, Campbell, Creighton, Eckhardt, Flores, Gutierrez, Hagenbuch, Hall, Hancock, A. Hinojosa, J. Hinojosa, Huffman, Hughes, King, Kolkhorst, Menéndez, Middleton, Miles, Parker, Paxton, Perry, Schwertner, West, Zaffirini.
Nays: Birdwell, Cook, Johnson, Nichols, Sparks.
AT EASE
The President at 9:38 p.m. announced the Senate would stand At Ease subject to the call of the Chair.
IN LEGISLATIVE SESSION
Senator A. Hinojosa at 10:19 p.m. called the Senate to order as In Legislative Session.
SESSION HELD FOR
LOCAL AND UNCONTESTED CALENDAR
The Presiding Officer announced that the time had arrived to consider bills and resolutions placed on the Local and Uncontested Calendar. Notice of consideration of the local calendar was given by Senator Hall yesterday.
Pursuant to Senate Rule 9.03(d), the following bills and resolutions were laid before the Senate in the order listed, read second time, amended where applicable, passed to engrossment or third reading, read third time, and passed. The votes on passage to engrossment or third reading, suspension of the Constitutional Three-day Rule, and final passage are indicated after each caption. All Members are deemed to have voted "Yea" on viva voce votes unless otherwise indicated.
HB 101 (King)
Relating to creating the Texas State Guard Professionalization Task Force.
(viva voce vote) (30-1) "Nay" Hall (30-1) "Nay" Hall
CSHB 119 (Hughes)
Relating to the applicability of lobbyist registration requirements to persons engaged in certain foreign transactions or lobbying activities on behalf of a foreign adversary and to prohibitions on the receipt of compensation related to those lobbying activities; providing a civil penalty.
(viva voce vote) (30-1) "Nay" Eckhardt (30-1) "Nay" Eckhardt
HB 227 (Middleton)
Relating to the designation of a portion of Farm-to-Market Road 521 in Brazoria County as the Clarence "BB" Sasser Medal of Honor Highway.
(viva voce vote) (31-0) (31-0)
CSHB 252 (Hughes)
Relating to the payment of employment compensation by certain state agencies.
(viva voce vote) (31-0) (31-0)
CSHB 346 (King)
Relating to the fee amounts prescribed by the secretary of state for expedited commercial and business record searches or filings and the exemption from the franchise tax and certain filing fees for veteran-owned businesses.
(viva voce vote) (31-0) (31-0)
HB 654 (Creighton)
Relating to the dismissal of a criminal charge related to the illegal hunting of certain deer; authorizing fees.
(viva voce vote) (31-0) (31-0)
CSHB 718 (Parker)
Relating to prohibiting a public institution of higher education from partnering with certain private entities for the construction of a student housing facility.
(viva voce vote) (31-0) (31-0)
HB 721 (Middleton)
Relating to the applicability of certain laws requiring health care cost disclosures by health benefit plan issuers and administrators.
(viva voce vote) (31-0) (31-0)
HB 824 (Middleton)
Relating to the inclusion of civics instruction in public school government curriculum requirements for high school students.
(viva voce vote) (30-1) "Nay" Sparks (30-1) "Nay" Sparks
HB 1306 (Sparks)
Relating to certain claims for benefits or compensation by a death investigation professional.
(viva voce vote) (31-0) (31-0)
HB 1629 (Zaffirini)
Relating to fireworks sales to the public by retail fireworks permit holders in certain counties.
(viva voce vote) (31-0) (31-0)
HB 1868 (Zaffirini)
Relating to a study on changes to performance tier funding for dual credit or dual enrollment courses under the public junior college state finance program and the capacity of the state's workforce to teach dual credit or dual enrollment courses.
(viva voce vote) (29-2) "Nays" Hughes, Sparks (29-2) "Nays" Hughes, Sparks
HB 1960 (A. Hinojosa)
Relating to the designation of a portion of State Highway 345 in San Benito as the Lieutenant Milton Resendez Memorial Highway.
(viva voce vote) (31-0) (31-0)
CSHB 1973 (Zaffirini)
Relating to proof of the identity of a child's parents in a suit affecting the parent-child relationship.
(viva voce vote) (31-0) (31-0)
HB 2012 (Creighton)
Relating to regulation by certain counties of roadside or parking lot vendors and solicitors.
(viva voce vote) (29-2) "Nays" Hughes, Sparks (29-2) "Nays" Hughes, Sparks
HB 2035 (Sparks)
Relating to notice provided by a chemical dependency treatment facility to the parent, managing conservator, or guardian of a minor refused admission to the facility.
(viva voce vote) (31-0) (31-0)
HB 2037 (Middleton)
Relating to repairs made pursuant to a residential or manufactured home tenant's notice of intent to repair and the provision of notice regarding a residential or manufactured home tenant's security deposit.
(viva voce vote) (31-0) (31-0)
HB 2213 (Middleton)
Relating to the composition of the board of directors of the Texas Windstorm Insurance Association.
(viva voce vote) (31-0) (31-0)
HB 2348 (Hagenbuch)
Relating to the video recording of a deposition taken of the testimony of certain elderly or disabled persons in a criminal case.
(viva voce vote) (29-2) "Nays" Hughes, Sparks (29-2) "Nays" Hughes, Sparks
HB 2520 (Middleton)
Relating to the open meetings law.
(viva voce vote) (31-0) (31-0)
HB 2598 (Zaffirini)
Relating to a school psychologist licensed under the Occupations Code.
(viva voce vote) (31-0) (31-0)
HB 2686 (King)
Relating to the registration of frac tanks; authorizing a fee.
(viva voce vote) (31-0) (31-0)
HB 2694 (Middleton)
Relating to the election and resignation of and filling of vacancies on the board of commissioners of the Brazoria Drainage District No. 4.
(viva voce vote) (30-1) "Nay" Sparks (30-1) "Nay" Sparks
HB 2820 (A. Hinojosa)
Relating to the maximum amount of operating capital retained in a licensed authorized organization's charitable bingo account.
(viva voce vote) (28-3) "Nays" Creighton, Middleton, Sparks (28-3) "Nays" Creighton, Middleton, Sparks
HB 3005 (Campbell)
Relating to the payment of funds under certain construction contracts.
(viva voce vote) (31-0) (31-0)
HB 3092 (Schwertner)
Relating to a certificate of public convenience and necessity to construct an electric transmission line.
(viva voce vote) (31-0) (31-0)
HB 3112 (Perry)
Relating to the application of the open meetings law and public information law to government information related to certain cybersecurity measures.
(viva voce vote) (31-0) (31-0)
HB 3185 (Creighton)
Relating to investigations of certain cybercrimes.
(viva voce vote) (31-0) (31-0)
(Senator Cook in Chair)
CSHB 3333 (Blanco)
Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain river segments and drainage areas.
(viva voce vote) (29-2) "Nays" Hall, Hughes (29-2) "Nays" Hall, Hughes
HB 3388 (Middleton)
Relating to group property and casualty insurance policies.
(viva voce vote) (31-0) (31-0)
HB 3516 (Johnson)
Relating to the availability of certain working papers and electronic communications of certain administrative law judges and technical examiners under the public information law.
(viva voce vote) (30-1) "Nay" Middleton (30-1) "Nay" Middleton
HB 3546 (Hughes)
Relating to the authority of an independent school district to change the date of the general election for officers.
(viva voce vote) (31-0) (31-0)
CSHB 3619 (Zaffirini)
Relating to the rights and liabilities of the owner of the surface estate of the tract of land on which a well to be plugged or replugged by the Railroad Commission of Texas is located.
(viva voce vote) (31-0) (31-0)
HB 3623 (Zaffirini)
Relating to the manner of solicitation of bids for certain purchases by the comptroller of public accounts and state agencies.
(viva voce vote) (31-0) (31-0)
HB 3629 (Zaffirini)
Relating to prohibiting a person required to register as a sex offender from serving as a member of the board of trustees of an independent school district.
(viva voce vote) (31-0) (31-0)
CSHB 3642 (Hughes)
Relating to the designation of portions of the state highway system as memorial highways and bridges and to certain memorial markers and designations on certain highways.
(viva voce vote) (31-0) (31-0)
HB 3686 (Parker)
Relating to the information included on an identification card issued to certain retired peace and law enforcement officers.
(viva voce vote) (31-0) (31-0)
HB 3815 (Schwertner)
Relating to issuance of specialty license plates for certain United States Army Rangers.
(viva voce vote) (31-0) (31-0)
CSHB 3848 (Blanco)
Relating to the electronic submission of inspection reports and filing fees for the inspection of elevators, escalators, and related equipment.
(viva voce vote) (31-0) (31-0)
CSHB 3909 (Zaffirini)
Relating to the use of a wireless communication device at a polling place.
(viva voce vote) (27-4) "Nays" Creighton, Hancock, Hughes, Sparks (27-4) "Nays" Creighton, Hancock, Hughes, Sparks
CSHB 4081 (Hughes)
Relating to the sealing of certain documents alleged to contain trade secrets.
(viva voce vote) (31-0) (31-0)
HB 4145 (Hughes)
Relating to the timely billing of health care services related to a personal injury claim.
(viva voce vote) (31-0) (31-0)
HB 4170 (Hughes)
Relating to venue in certain actions involving private transfer fees for real property.
(viva voce vote) (31-0) (31-0)
HB 4202 (Zaffirini)
Relating to proof of identity of a person making an acknowledgment of a written instrument.
(viva voce vote) (31-0) (31-0)
HB 4214 (Middleton)
Relating to public access to the mailing address and electronic mail address designated by a governmental body to receive a request for public information under the public information law.
(viva voce vote) (31-0) (31-0)
HB 4350 (Zaffirini)
Relating to the omission or redaction of certain personal information from certain real property records.
(viva voce vote) (31-0) (31-0)
HB 4361 (Zaffirini)
Relating to establishing policies regarding the timely issuance of emergency notifications at public institutions of higher education.
(viva voce vote) (31-0) (31-0)
HB 4463 (Parker)
Relating to authorized activities of a brewer's or nonresident brewer's license holder; authorizing a fee increase.
(viva voce vote) (31-0) (31-0)
CSHB 4464 (Schwertner)
Relating to the provision of workers' compensation insurance coverage for certain Texas Task Force 1 members and intrastate fire mutual aid system team and regional incident management team members, including the removal of coverage for nongovernment members.
(viva voce vote) (31-0) (31-0)
HB 4466 (Zaffirini)
Relating to restrictions on the fee assessed for issuance of certain birth records.
(viva voce vote) (31-0) (31-0)
HB 4559 (Zaffirini)
Relating to the repeal of an unused definition and a chapter heading formerly regulating membership dues.
(viva voce vote) (31-0) (31-0)
HB 4630 (Perry)
Relating to the regulation of artesian water wells by the Texas Commission on Environmental Quality.
(viva voce vote) (31-0) (31-0)
HB 4765 (Zaffirini)
Relating to the regulation of code enforcement officers and code enforcement officers in training.
(viva voce vote) (29-2) "Nays" Hughes, Sparks (29-2) "Nays" Hughes, Sparks
HB 4894 (Zaffirini)
Relating to the boundaries of, and validating certain acts and proceedings of, the Creedmoor Municipal Utility District.
(viva voce vote) (28-3) "Nays" Hughes, Middleton, Sparks (28-3) "Nays" Hughes, Middleton, Sparks
(Senator Menéndez in Chair)
HB 4904 (Zaffirini)
Relating to civil liability of property owners relating to motorcycle instruction and training courses.
(viva voce vote) (29-2) "Nays" Hancock, Hughes (29-2) "Nays" Hancock, Hughes
HB 4995 (Schwertner)
Relating to the carrying of handguns by tactical medical professionals while on duty providing support to tactical units of law enforcement agencies.
(viva voce vote) (29-2) "Nays" Cook, Eckhardt (29-2) "Nays" Cook, Eckhardt
HB 5196 (King)
Relating to telework for state employees.
(viva voce vote) (31-0) (31-0)
HB 5320 (Zaffirini)
Relating to the powers, duties, and governance of the Starr County Drainage District, the change of the name of the Starr County Drainage District to the Starr County Drainage and Groundwater Conservation District, the dissolution of the Starr County Groundwater Conservation District, and the transfer of the assets and liabilities of the Starr County Groundwater Conservation District to the Starr County Drainage and Groundwater Conservation District; authorizing the imposition of a tax.
(viva voce vote) (27-4) "Nays" Hancock, Hughes, Middleton, Sparks (27-4) "Nays" Hancock, Hughes, Middleton, Sparks
CSHB 5624 (Perry)
Relating to the liability of a motorized off-road vehicle entity for injuries arising from certain activities.
(viva voce vote) (31-0) (31-0)
HB 5650 (Zaffirini)
Relating to the creation of the Travis County Municipal Utility District No. 40; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5651 (Creighton)
Relating to the creation of the Montgomery County Water Control and Improvement District No. 7; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5652 (Creighton)
Relating to the creation of the Montgomery County Municipal Utility District No. 258; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5654 (Kolkhorst)
Relating to the creation of the Montgomery County Municipal Utility District No. 263; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5655 (Kolkhorst)
Relating to the creation of the Fort Bend County Water Control and Improvement District No. 13; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5656 (Kolkhorst)
Relating to the creation of the Fort Bend County Municipal Utility District No. 263; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
CSHB 5658 (Hagenbuch)
Relating to the creation of the Craver Ranch Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments and fees; granting a limited power of eminent domain.
(viva voce vote) (28-3) "Nays" Hall, Hughes, Middleton (28-3) "Nays" Hall, Hughes, Middleton
HB 5661 (Huffman)
Relating to the creation of the Fort Bend County Municipal Utility District No. 286; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5662 (Kolkhorst)
Relating to the powers, duties, and authority to issue bonds of the Fort Bend County Water Control and Improvement District No. 12 related to roads.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5664 (Hughes)
Relating to the operation of Wood County Central Hospital District of Wood County, Texas.
(viva voce vote) (30-1) "Nay" Middleton (30-1) "Nay" Middleton
HB 5665 (Kolkhorst)
Relating to the creation of the Waller County Municipal Utility District No. 70; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (28-3) "Nays" Hall, Middleton, Sparks (28-3) "Nays" Hall, Middleton, Sparks
HB 5670 (Creighton)
Relating to the creation of the Montgomery County Municipal Utility District No. 259; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (28-3) "Nays" Hall, Middleton, Sparks (28-3) "Nays" Hall, Middleton, Sparks
HB 5672 (Campbell)
Relating to the boundaries of, and validating certain acts and proceedings of, the Driftwood Conservation District.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5674 (Flores)
Relating to the creation of the River Ranch Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5677 (Zaffirini)
Relating to the creation of the Pura Vida Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5679 (Hagenbuch)
Relating to the creation of the Hills of Walnut Creek Municipal Utility District of Parker County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
CSHB 5682 (Paxton)
Relating to the creation of the Colmena Ranch Municipal Management District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments and fees.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5695 (Schwertner)
Relating to the creation of the Sayers Ranch Municipal Utility District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
(viva voce vote) (27-4) "Nays" Hall, Hughes, Middleton, Sparks (27-4) "Nays" Hall, Hughes, Middleton, Sparks
HB 5698 (Creighton)
Relating to the name of and appointment of directors for the Harris-Montgomery Counties Management District.
(viva voce vote) (27-4) "Nays" Hughes, Kolkhorst, Middleton, Sparks (27-4) "Nays" Hughes, Kolkhorst, Middleton, Sparks
HCR 46 (Parker)
Designating January 12 as Nathan Gage Ingram Day for a 10-year period ending in 2035.
(31-0)
HCR 76 (A. Hinojosa)
Urging the federal government to curb the mass importation of foreign shrimp into the United States.
(31-0)
HCR 81 (Nichols)
Designating Milam as the official Gateway Capital of Texas for a 10-year period ending in 2035.
(31-0)
HCR 83 (Hughes)
Designating Rusk County as the official Syrup Capital of Texas for a 10-year period ending in 2035.
(31-0)
HCR 84 (Nichols)
Designating Pineland as the official Sawmill Capital of Texas for a 10-year period ending in 2035.
(31-0)
HCR 111 (A. Hinojosa)
Designating Combes as the official Bee Capital of Texas for a 10-year period ending in 2035.
(31-0)
BILLS REMOVED FROM
LOCAL AND UNCONTESTED CALENDAR
Senator Hughes and Senator Hall requested in writing that HB 40 be removed from the Local and Uncontested Calendar.
Senator Hall and Senator Schwertner requested in writing that HB 1094 be removed from the Local and Uncontested Calendar.
Senator Hagenbuch and Senator Hall requested in writing that HB 1234 be removed from the Local and Uncontested Calendar.
Senator Eckhardt and Senator Hall requested in writing that HB 1523 be removed from the Local and Uncontested Calendar.
Senator Hughes and Senator Hall requested in writing that HB 3171 be removed from the Local and Uncontested Calendar.
Senator Zaffirini and Senator Hall requested in writing that HB 3793 be removed from the Local and Uncontested Calendar.
Senator Parker and Senator Eckhardt requested in writing that HB 4233 be removed from the Local and Uncontested Calendar.
Senator Parker and Senator Creighton requested in writing that HB 5689 be removed from the Local and Uncontested Calendar.
Senator Parker and Senator Creighton requested in writing that HB 5690 be removed from the Local and Uncontested Calendar.
Senator Hughes and Senator Hall requested in writing that HB 5694 be removed from the Local and Uncontested Calendar.
SESSION CONCLUDED FOR
LOCAL AND UNCONTESTED CALENDAR
Senator Hall announced that the session to consider bills and resolutions placed on the Local and Uncontested Calendar was concluded.
BILLS AND RESOLUTIONS SIGNED
The Presiding Officer announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:
SB 127, SB 401, SB 546, SB 1021, SB 1032, SB 1242, SB 1343, SB 1346, SB 1534, SB 1663, SB 2055, SB 2075, SB 2835, SCR 52.
HB 140, HCR 129, HCR 136, HCR 138, HCR 150, HCR 156.
HB 229, HB 322, HB 367, HB 640, HB 1105, HB 1106, HB 1403, HB 1506, HB 1871, HB 2078, HB 2128, HB 2407, HB 3053, HB 3057, HB 3181, HB 3425, HB 3441, HB 3749, HB 3812, HB 3923, HB 4070, HB 4157, HB 4449, HB 4687, HB 4748, HB 4795, HB 5093, HB 5115, HB 5129, HB 5629, HB 5699.
ORDERED NOT PRINTED
The Conference Committee Report on SB 1 was ordered not printed in the Senate Journal.
CONFERENCE COMMITTEE REPORT ON
SENATE BILL 1
Senator Huffman submitted the following Conference Committee Report:
Austin, Texas
May 28, 2025
Honorable Dan Patrick
President of the Senate
Honorable Dustin Burrows
Speaker of the House of Representatives
Sirs:
We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SB 1 have had the same under consideration, and beg to report it back with the recommendation that it do pass.
On the part of the Senate
On the part of the House
|
The Conference Committee Report on SB 1 was filed with the Secretary of the Senate.
CONFERENCE COMMITTEE REPORT ON
SENATE BILL 1198
Senator Birdwell submitted the following Conference Committee Report:
Austin, Texas
May 28, 2025
Honorable Dan Patrick
President of the Senate
Honorable Dustin Burrows
Speaker of the House of Representatives
Sirs:
We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SB 1198 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
On the part of the Senate
On the part of the House
|
A BILL TO BE ENTITLED
AN ACT
relating to the designation of spaceports as critical infrastructure facilities for purposes of criminal and civil liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 424.001, Government Code, is amended to read as follows:
Sec. 424.001. DEFINITION. In this chapter, "critical infrastructure facility" has the meaning assigned by Section 423.0045(a)(1-a) and also includes:
(1) any pipeline transporting oil or gas or the products or constituents of oil or gas;
(2) a public or private airport depicted in any current aeronautical chart published by the Federal Aviation Administration;
(3) a military installation owned or operated by or for the federal government, this state, or another governmental entity; [and]
(4) any property, including a temporary hazard area related to the operation of a launch complex authorized by the Federal Aviation Administration, or facility used for the launch, landing, recovery, or testing of spacecraft, as defined by Section 507.001, Local Government Code; and
(5) a property, facility, or pipeline described by this section that is under construction and all equipment and appurtenances used during that construction.
SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTION 3. The change in law made by this Act applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the effective date of this Act is governed by the law in effect on the date the cause of action accrued, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.
The Conference Committee Report on SB 1198 was filed with the Secretary of the Senate.
CONFERENCE COMMITTEE REPORT ON
HOUSE BILL 300
Senator Hancock submitted the following Conference Committee Report:
Austin, Texas
May 28, 2025
Honorable Dan Patrick
President of the Senate
Honorable Dustin Burrows
Speaker of the House of Representatives
Sirs:
We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 300 have had the same under consideration, and beg to report it back with the recommendation that it do pass.
On the part of the Senate
On the part of the House
|
The Conference Committee Report on HB 300 was filed with the Secretary of the Senate.
CO-AUTHORS OF SENATE RESOLUTION 621
On motion of Senator Gutierrez, Senators Eckhardt and Paxton will be shown as Co-authors of SR 621.
CO-SPONSOR OF HOUSE BILL 20
On motion of Senator Schwertner, Senator Kolkhorst will be shown as Co-sponsor of HB 20.
CO-SPONSOR OF HOUSE BILL 127
On motion of Senator Hughes, Senator Kolkhorst will be shown as Co-sponsor of HB 127.
CO-SPONSORS OF HOUSE BILL 252
On motion of Senator Hughes, Senators Cook and Miles will be shown as Co-sponsors of HB 252.
CO-SPONSOR OF HOUSE BILL 346
On motion of Senator Hughes, Senator Miles will be shown as Co-sponsor of HB 346.
CO-SPONSORS OF HOUSE BILL 541
On motion of Senator Zaffirini, Senators Blanco, Campbell, and Johnson will be shown as Co-sponsors of HB 541.
CO-SPONSOR OF HOUSE BILL 632
On motion of Senator Hughes, Senator Blanco will be shown as Co-sponsor of HB 632.
CO-SPONSORS OF HOUSE BILL 713
On motion of Senator Cook, Senators Alvarado, Johnson, and Menéndez will be shown as Co-sponsors of HB 713.
CO-SPONSORS OF HOUSE BILL 796
On motion of Senator King, Senators Creighton, A. Hinojosa, Kolkhorst, and Middleton will be shown as Co-sponsors of HB 796.
CO-SPONSOR OF HOUSE BILL 824
On motion of Senator Middleton, Senator Cook will be shown as Co-sponsor of HB 824.
CO-SPONSORS OF HOUSE BILL 1523
On motion of Senator Schwertner, Senators Campbell and Kolkhorst will be shown as Co-sponsors of HB 1523.
CO-SPONSOR OF HOUSE BILL 1690
On motion of Senator Kolkhorst, Senator Campbell will be shown as Co-sponsor of HB 1690.
CO-SPONSORS OF HOUSE BILL 2217
On motion of Senator Hagenbuch, Senators J. Hinojosa and Schwertner will be shown as Co-sponsors of HB 2217.
CO-SPONSOR OF HOUSE BILL 2517
On motion of Senator A. Hinojosa, Senator J. Hinojosa will be shown as Co-sponsor of HB 2517.
CO-SPONSORS OF HOUSE BILL 2963
On motion of Senator Hall, Senators Cook, Eckhardt, Johnson, and Middleton will be shown as Co-sponsors of HB 2963.
CO-SPONSORS OF HOUSE BILL 3073
On motion of Senator Paxton, Senators Alvarado and Menéndez will be shown as Co-sponsors of HB 3073.
CO-SPONSOR OF HOUSE BILL 3185
On motion of Senator Creighton, Senator Miles will be shown as Co-sponsor of HB 3185.
CO-SPONSOR OF HOUSE BILL 3225
On motion of Senator Hughes, Senator Parker will be shown as Co-sponsor of HB 3225.
CO-SPONSOR OF HOUSE BILL 3336
On motion of Senator Middleton, Senator Eckhardt will be shown as Co-sponsor of HB 3336.
CO-SPONSOR OF HOUSE BILL 3748
On motion of Senator West, Senator Blanco will be shown as Co-sponsor of HB 3748.
CO-SPONSORS OF HOUSE BILL 4099
On motion of Senator Perry, Senators Blanco and Menéndez will be shown as Co-sponsors of HB 4099.
CO-SPONSORS OF HOUSE BILL 4144
On motion of Senator Middleton, Senators Hagenbuch, A. Hinojosa, and J. Hinojosa will be shown as Co-sponsors of HB 4144.
CO-SPONSOR OF HOUSE BILL 4214
On motion of Senator Middleton, Senator Cook will be shown as Co-sponsor of HB 4214.
CO-SPONSOR OF HOUSE BILL 4361
On motion of Senator Zaffirini, Senator Miles will be shown as Co-sponsor of HB 4361.
CO-SPONSOR OF HOUSE BILL 4466
On motion of Senator Zaffirini, Senator Blanco will be shown as Co-sponsor of HB 4466.
CO-SPONSOR OF HOUSE BILL 5509
On motion of Senator Paxton, Senator Blanco will be shown as Co-sponsor of HB 5509.
CO-SPONSOR OF HOUSE BILL 5606
On motion of Senator Creighton, Senator Eckhardt will be shown as Co-sponsor of HB 5606.
CO-SPONSORS OF HOUSE BILL 5646
On motion of Senator Hall, Senators J. Hinojosa and Paxton will be shown as Co-sponsors of HB 5646.
CO-SPONSOR OF HOUSE JOINT RESOLUTION 7
On motion of Senator Perry, Senator Schwertner will be shown as Co-sponsor of HJR 7.
ADJOURNMENT
On motion of Senator Zaffirini, the Senate at 11:07 p.m. adjourned, in memory of Maria Teresa Flores Cavazos, until 1:30 p.m. tomorrow.
APPENDIX
COMMITTEE REPORT
The following committee report was received by the Secretary of the Senate:
May 28, 2025
CRIMINAL JUSTICE — CSHB 3664
BILLS AND RESOLUTIONS ENROLLED
May 28, 2025
SB 10, SB 34, SB 251, SB 261, SB 456, SB 500, SB 519, SB 527, SB 614, SB 646, SB 667, SB 705, SB 748, SB 777, SB 790, SB 826, SB 857, SB 869, SB 918, SB 924, SB 926, SB 955, SB 1049, SB 1055, SB 1137, SB 1164, SB 1188, SB 1233, SB 1243, SB 1266, SB 1302, SB 1307, SB 1333, SB 1335, SB 1398, SB 1400, SB 1433, SB 1467, SB 1558, SB 1563, SB 1596, SB 1858, SB 1862, SB 1896, SB 2073, SB 2206, SB 2405, SB 2610, SB 2781, SB 2885, SB 2995, SCR 3, SCR 9, SCR 18, SCR 30, SCR 53, SJR 59, SR 559, SR 587, SR 614
SENT TO GOVERNOR
May 28, 2025
SB 20, SB 33, SB 75, SB 213, SB 227, SB 269, SB 458, SB 528, SB 647, SB 648, SB 681, SB 740, SB 835, SB 840, SB 843, SB 1061, SB 1120, SB 1121, SB 1150, SB 1202, SB 1253, SB 1423, SB 1535, SB 1574, SB 1709, SB 1789, SB 2037, SB 2078, SB 2544, SB 2570
SIGNED BY GOVERNOR
May 28, 2025
SB 462, SB 480, SB 682, SB 1146, SB 1265, SB 1666, SB 1844, SB 2052, SB 2173, SB 2284, SB 2925
FILED WITHOUT SIGNATURE OF GOVERNOR
May 28, 2025
SB 296, SB 1921, SB 2039
In Memory
of
Maria Teresa Flores Cavazos
Senate Resolution 559
WHEREAS, The Senate of the State of Texas honors and commemorates the life of Maria Teresa Flores Cavazos, who died May 9, 2025, at the age of 83; and
WHEREAS, Maria Teresa was born in Laredo on March 14, 1942; after completing high school at Ursuline Academy, she became the first in her family to earn a college degree in 1962, when she earned a bachelor's degree in mathematics from Incarnate Word College; and
WHEREAS, Maria Teresa embarked on a successful and rewarding career teaching mathematics and science at Ursuline Academy, and she made a lasting impact on the lives of many students she taught at Ursuline Academy, Martin High School, and Laredo Junior College; and
WHEREAS, Maria Teresa shared a loving union of nearly sixty years with Jesus Guadalupe Cavazos Fernandez; she was blessed with four children, Jesus Cavazos Jr., and Maria Teresa, Leticia del Carmen, and Patricia Isabel Cavazos Flores, and she was the devoted "Tita" to her grandchildren, Natalia and Zoe Cavazos Silva and Viviana and Cesar Garza Cavazos; and
WHEREAS, Maria Teresa found a warm and welcoming community in Monterrey, Mexico, and she gave generously of her time to her local garden and Rotary clubs; she helped to support many area priests and nuns and was honored to help establish her church, Nuestra Señora Reina de Los Ángeles, where she served in numerous ministry groups and as a lector and Eucharistic minister; and
WHEREAS, Maria Teresa was a skilled gardener, a consummate hostess, and a talented and creative artist, seamstress, and chef; she was a beloved matriarch and a cherished member of the community, and she will long be remembered with admiration and appreciation by all who were privileged to share in her life; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 89th Legislature, hereby extend sincere condolences to the bereaved family of Maria Teresa Flores Cavazos; and, be it further
RESOLVED, That a copy of this Resolution be prepared for her family as an expression of deepest sympathy from the Texas Senate and that when the Senate adjourns this day, it do so in memory of Maria Teresa Cavazos.
ZAFFIRINI
HAGENBUCH
MIDDLETON
|
BETTENCOURT
HANCOCK
NICHOLS
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BIRDWELL
A. HINOJOSA
PARKER
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