# Texas Judicial Council > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/court_rules%3Atx%3Aac37447a68953896 ## Record - **Collection:** Court rules - **Document type:** Court rule ## Text Texas Judiciary Legislative Update Texas Judicial Council 89th Legislature, 89(1) and 89(2) Texas Judiciary Legislative Update 89th Legislature Office of Court Administration Post Office Box 12066 | Austin, Texas | 78711-2066 Phone: 512 463.1625 txcourts.gov 2 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature From the Executive Director The 89th Texas Legislature enacted a broad range of laws that will bring meaningful changes to the Texas Judiciary. One notable change addresses the compensation of District Judges. Entering the 89th Legislative Session, the base pay of a District Judge in Texas ranked 49th in the nation. With the legislature authorizing a 25 percent increase to the base pay of a District Judge, Texas now ranks 34th, marking a significant step forward in judicial compensation. Over 2,100 bills affecting the judicial branch were filed during the session. The Office of Court Administration analyzed and prepared more than 1,670 fiscal notes for the Legislative Budget Board. The Texas Judicial Council, the policy making body for the Judiciary, achieved progress in multiple policy areas that were recommended by Texas Judicial Council Resolutions. Key legislative changes include: • Judicial Leadership: A law requiring a convening of Local Administrative District Judges as well as compensation enhancements for their increasing responsibilities. • Bail Reform and Public Safety: Updates to bail procedures including a constitutional amendment to allow for preventative detention in specific cases. Additionally, enhancements to the Public Safety Report System that will give judges more comprehensive information for bail decisions. • Judicial Data: Funding for 11 Regional Data Coordinators to ensure the accurate and consistent collection of judicial data across the state. • Protection of Personal Information: A new law that prohibits the unauthorized release and public posting of judges’ and court personnels’ personal information, establishing both civil and criminal penalties for violations. • Judicial Qualifications: Minimum qualifications for certain magistrates and associate judges have been standardized and raised, focusing on an increased requirement for years of experience as a licensed attorney. • Mental Health: Selected recommendations from the Judicial Commission on Mental Health have been adopted, including changes to emergency detention procedures. This report offers an overview of new laws that directly impact the Texas Court System, judges, clerks, lawyers, and other judicial personnel. While it does not provide detailed analysis of all substantive legal areas, we hope it serves as a valuable resource for the judicial and legal communities and for anyone interested in the effective administration of justice. Megan LaVoie Executive Director Texas Judicial Council Texas Judicial Council 3 Texas Judiciary Legislative Update 89th Legislature Funding the Judiciary The Texas Judicial Branch courts and agencies collectively submitted a total biennial budget request of $969.6 million. Exceptional Item requests totaled $241 million bringing the total request to $1.21 billion. The Conference Committee Report for Senate Bill 1 (CCR SB1) approved by the 89th Legislature appropriated a total of $1.07 billion, excluding benefits, to the Judicial Branch courts and agencies. This funding level is approximately $102 million more or a 10.5% biennial increase from 2024-2025 appropriation levels. CCR SB1 provides a total of 1,713.3 FTEs, an increase of 53 FTEs from 2024-2025 levels. The entire budget for the third branch of government makes up 3.6% of the state budget of Texas. FY 2026-2027 Total Funding - All Judiciary Supreme Court $106,510,898 Court of Criminal Appeals $46,042,025 First Court of Appeals $12,261,186 Second Court of Appeals $9,910,652 Third Court of Appeals $8,479,740 Fourth Court of Appeals $10,501,792 Fifth Court of Appeals $17,428,249 Sixth Court of Appeals $4,288,802 Seventh Court of Appeals $5,561,375 Eight Court of Appeals $4,513,793 Ninth Court of Appeals $5,810,382 Tenth Court of Appeals $4,428,280 Eleventh Court of Appeals $4,373,712 Twelfth Court of Appeals $4,415,992 Thirteenth Court of Appeals $8,499,201 Fourteenth Court of Appeals $12,764,995 Fifteenth Court of Appeals Office of Court Administration $6,572,198 $372,267,267 State Prosecuting Attorney $1,388,289 Office of Capital & Forensic Writs $8,714,109 State Law Library $3,140,175 State Commission on Judicial Conduct $4,690,704 Comptroller Judiciary Total 4 $409,351,849 $1,071,915,665 Texas Judicial Council FY 2026-2027 Total Funding Appellate Courts Supreme Court $106,510,898 Court of Criminal Appeals $46,042,025 First Court of Appeals $12,261,186 Second Court of Appeals $9,910,652 Third Court of Appeals $8,479,740 Fourth Court of Appeals $10,501,792 Fifth Court of Appeals $17,428,249 Sixth Court of Appeals $4,288,802 Seventh Court of Appeals $5,561,375 Eight Court of Appeals $4,513,793 Ninth Court of Appeals $5,810,382 Tenth Court of Appeals $4,428,280 Eleventh Court of Appeals $4,373,712 Twelfth Court of Appeals $4,415,992 Thirteenth Court of Appeals $8,499,201 Fourteenth Court of Appeals $12,764,995 Fifteenth Court of Appeals $6,572,198 Total $272,363,272 Texas Judiciary Legislative Update 89th Legislature Funding the Judiciary Cont’d Judicial Branch by Method of Finance $1,071,915,665 General Revenue Sexual Assault Acct No. 5010 Fair Defense Acct No. 5073 Electronic Filing Fee Acct No. 5157 Forensic Science Commission Acct No. 5173 Assistant Prosecutor Support Fund No. 303 Judicial and Court Personnel Training Fund No. 540 Judicial Fund No. 0573 Jury Service Fund Appropriated Receipts Interagency Contracts Interagency Contracts-CJG Federal Funds $- $100M $200M $300M $400M $500M $600M Texas Judicial Council $700M 5 Texas Judiciary Legislative Update 89th Legislature Funding the Judiciary Cont’d Method of Finance 2026-2027 2024-2025 General Revenue Sexual Assault Account No. 5010 Fair Defense Account No. 5073 Electronic Filing Fee Account No. 5157 Forensic Science Commission Acct No. 5173 Assistant Prosecutor Supp Fund No. 303 Judicial and Court Personnel Training Fund No. 540 Judicial Fund No. 0573 Jury Service Fund Appropriated Receipts Interagency Contracts Interagency Contracts-CJG Federal Funds Total $655,723,078 $10,000,000 $65,046,278 $103,808,503 $328,000 $6,540,420 $26,192,000 $588,758,193 $10,000,000 $81,397,812 $52,542,505 $661,001 $6,540,420 $30,356,000 Increase/ Decrease $66,964,885 $$(16,351,534) $51,265,998 $(333,001) $$(4,164,000) $147,724,207 $27,502,000 $896,651 $21,236,622 $3,041,084 $3,876,822 $1,071,915,665 $134,001,385 $38,125,182 $939,159 $19,127,282 $3,041,084 $4,217,716 $969,707,739 $13,722,822 $(10,623,182) $(42,508) $2,109,340 $$(340,894) $102,207,926 FY 2026-2027 Objects of Expense All Judiciary Salaries and Wages $496,731,151 Other Personnel Costs $15,247,722 Professional Fees $5,184,003 Fuels & Lubricants $74,500 Consumables $588,774 Utilities $730,690 Travel $4,546,262 Rent-Building $819,070 Rent-Machine $247,114 Other Operating $149,784,158 Expense Grants $394,527,088 Capital Expenditures $3,435,133 Total $1,071,915,665 6 Texas Judicial Council FY 2026-2027 Total Funding - Judicial Agencies excluding the Appellate Courts Office of Court Administration $372,267,267 State Prosecuting Attorney $1,388,289 Office of Capital & Forensic Writs $8,714,109 State Law Library $3,140,175 State Commission on Judicial Conduct $4,690,704 Comptroller Judiciary $409,351,849 Total $799,552,393 Texas Judiciary Legislative Update 89th Legislature Contents Administration of the Courts.......................................................................................................................................8 Associate Judges and Magistrates...........................................................................................................................10 Bail.............................................................................................................................................................................................11 Civil Law and Procedure...............................................................................................................................................13 Clerks......................................................................................................................................................................................18 Commissions, Committees, Councils, and Task Forces................................................................................ 20 Costs, Fees, Fines, and Collections........................................................................................................................... 21 County Courts and District Courts........................................................................................................................ 23 Courthouse Security and Judicial Privacy......................................................................................................... 25 Criminal Law and Procedure......................................................................................................................................27 Elections and Lobbying................................................................................................................................................40 Emergency and Disaster Management and Response..................................................................................41 Expunctions and Nondisclosures........................................................................................................................... 42 Family Law........................................................................................................................................................................... 43 Government Entity or Political Subdivision..................................................................................................... 46 Guardianship and Mental Health........................................................................................................................... 48 Indigent Defense.............................................................................................................................................................. 49 Judicial Compensation.................................................................................................................................................50 Judicial Discipline............................................................................................................................................................ 52 Jurisdiction and Venue................................................................................................................................................. 54 Jury Service and Grand Jury Service.................................................................................................................... 56 Justice Courts and Municipal Courts.....................................................................................................................57 Juvenile Justice................................................................................................................................................................. 59 Magistrate Duties............................................................................................................................................................60 Office of Court Administration.................................................................................................................................61 Omnibus............................................................................................................................................................................... 64 Open Records and Open Meetings......................................................................................................................... 65 Other Laws and Regulations..................................................................................................................................... 66 Probate, Trusts, and Estates....................................................................................................................................... 67 Protective Orders............................................................................................................................................................. 68 Records..................................................................................................................................................................................70 Specialty Courts................................................................................................................................................................71 Vetoed Legislation........................................................................................................................................................... 72 Index of Bills....................................................................................................................................................................... 74 Texas Judicial Council 7 Texas Judiciary Legislative Update 89th Legislature Administration of the Courts HB 16 (2nd Called Session): Effective dates vary. Amends various compensation provisions applicable to assigned judges, including compensation provisions for former or retired judges and justices serving on assignment and compensation provisions for a former or retired judge or justice serving as judicial mentor. Authorizes the assignment of a former or retired appellate justice to a statutory probate court. Allows the Supreme Court of Texas to provide, rather than mail, a copy of rules or amendments to rules to members of the State Bar of Texas. Modifies jurisdictional limits for statutory county courts, increasing the maximum amount in controversy for civil cases to $325,000 and adjusting concurrent jurisdiction with district courts. Requires the Court of Criminal Appeals to ensure judicial training includes elder abuse and neglect. Allows for judges to file an exemption from certain training requirements after completing an affidavit stating they do not hear cases involving certain family violence, sexual assault, trafficking of person, child abuse and neglect, or elder abuse and neglect. Adds two more justices to the 15th Court of Appeals. Adjusts the geographic jurisdiction of the Texas Business Court to move Bastrop County to the Third Business Court Division. Ensures the Texas Supreme Court has full rulemaking power in civil actions by repealing all laws and parts of laws governing practice and procedure in civil actions enacted before May 15, 1939. Repeals various statutes in the Civil Practice and Remedies Code that provide that governing chapters cannot be modified or repealed by a rule adopted by the Supreme Court. See also Omnibus. HB 2637: Effective 9/1/2025. Amends practices, procedures, and terminology for summoning prospective grand jurors and petit jurors and exemptions from jury service. Amends information a district court clerk must prepare and submit every month to include additional jury disqualification details. Provides a permanent exemption from jury service for people older than 75. See Code Crim. Proc. art. 19A; Gov’t Code ch. 62. HB 3104: Effective 9/1/2025. Relates to the appointment and compensation of bailiffs in certain district courts in Webb County. See Gov’t Code § 53.001. SB 664: Effective 9/1/2025. Amends various provisions of Ch. 54, Government Code, regarding the qualifications of masters, magistrates, referees, associate judges, and hearing officers appointed under the chapter. Requires a Chapter 54 judicial officer whose duties include bail decisions to comply with certain bail training requirements. Authorizes the removal of Ch. 54 judicial officers under Section 24, Article V of the Texas Constitution. Requires a local administrative judge to ensure a Ch. 54 judicial officer complies with certain requirements. Requires the local administrative judge to report certain violations to the commissioners court, the regional administrative presiding judge, the Office of Court Administration, and the State Commission on Judicial Conduct. Requires a local administrative judge to supervise the performance of Ch. 54 judicial officers. See Gov’t Code ch. 54, subch. A; Gov’t Code §§ 54A.003, 54A.103, 54A.305, 74.092. 8 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Administration of Courts Cont’d SB 1574: Effective 9/1/2025. Requires the Texas Judicial Council to establish by rule a centers of excellence program to identify, support, and recognize justices and judges who excel in serving their communities and representing the judiciary. Specifies criteria the council must consider in awarding a center of excellence recognition. See Gov’t Code § 71.040. SB 2127: Effective 9/1/2025. Reduces the minimum length of service for a former or retired judge’s eligibility for assignment to an appellate court. Modifies certification requirements for such judges. Modifies related definitions and lists of retired and former judges subject to assignment. See Gov’t Code §§ 74.003, 74.041, 74.055. Texas Judicial Council 9 Texas Judiciary Legislative Update 89th Legislature Associate Judges and Magistrates HB 16 (2nd Called Session): Effective dates vary. Modifies the requirements for appointment as criminal law magistrate in Bell County. Authorizes the appointment of Criminal Associate Judges in Coke, Concho, Irion, Runnels, Schleicher, Sterling, and Tom Green counties. See also Omnibus. SB 664: Effective 9/1/2025. Amends various provisions of Ch. 54, Government Code, regarding the qualifications of masters, magistrates, referees, associate judges, and hearing officers appointed under the chapter. Requires a Chapter 54 judicial officer whose duties include bail decisions to comply with certain bail training requirements. Authorizes the removal of Ch. 54 judicial officers under Section 24, Article V of the Texas Constitution. Requires a local administrative judge to ensure a Ch. 54 judicial officer complies with certain requirements. Requires the local administrative judge to report certain violations to the commissioners court, the regional administrative presiding judge, the Office of Court Administration, and the State Commission on Judicial Conduct. Requires a local administrative judge to supervise the performance of Ch. 54 judicial officers. See Gov’t Code ch. 54, subch. A; Gov’t Code §§ 54A.003, 54A.103, 54A.305, 74.092. 10 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Bail HB 2697: Effective 9/1/2025. Requires a surety to notify the defendant’s attorney of the surety’s intention to surrender the principal. Requires a surety, in felony cases, to notify the prosecution of the surety’s intent to surrender a defendant to the court before filing an affidavit, thus canceling the surety’s bond. See Code Crim. Proc. art. 17.19. SB 9: Effective dates vary. Requires Public Safety Report System (PSRS) to indicate whether a defendant is on community supervision, parole, mandatory supervision, released on bail, or participating in certain pretrial intervention programs, and provide certain warrant and protective order information. Permits a magistrate to order, prepare, or consider a PSRS report in setting bail for certain defendants not in custody. Amends the release on bail of defendants charged with a felony offense. Creates a review of bail process for certain bail decisions. Requires the Office of Court Administration (OCA) to configure the PSRS to allow a county or municipality to integrate a county’s jail record management system and case management system with the PSRS. Authorizes OCA to provide grants for systems integration. Requires charitable bail organizations to report certain information to OCA and requires OCA to report to the appropriate sheriff information about suspected violations of Article 17.071. Requires a judge to make an affirmative finding in the disposition of a criminal case involving any offense punishable as a Class B misdemeanor or higher if the judge determines the defendant willfully failed to appear after the defendant was released from custody. Permits the state to appeal a court order granting bail in an amount considered insufficient by the prosecuting attorney for certain charged offenses. See Code Crim. Proc. chs. 16, 17, 27, 42, 44, 56A; Gov’t Code § 72.038; Hum. Res. Code § 51A.003. SB 40: Effective 9/1/2025. Prohibits a political subdivision from spending public funds to pay a nonprofit organization that accepts and uses donations from the public to deposit money with a court in the amount of a defendant’s bail bond. See Loc. Gov’t Code § 140.014. SB 293: Effective dates vary. Adds persistent or willful violation of the rules for setting bail under Article 17.15 of the Code of Criminal Procedure and failure to meet deadlines, performance measures, or clearance rate requirements set by statute, administrative rule or binding court order to the definition of willful or persistent misconduct for the purposes of Section 1-a, Article V, Texas Constitution. Allows the State Commission on Judicial Conduct (SCJC) to impose an administrative penalty for knowingly filing a false complaint. Requires SCJC to conduct certain preliminary investigations and draft recommendations for commission action as soon as practicable after a complaint has been filed. Shortens the timeframes for investigating and disposing of complaints and allows SCJC to grant an additional extension for disposing of complaints under certain circumstances. Sets a statute of limitations unless SCJC determines good cause exists for investigating the complaint. Adds substance abuse as a cause of judicial incapacity. Revises the process for disposing of complaints alleging judicial incapacity. Directs the Office of Court Administration (OCA) to establish a Texas Judicial Council 11 Texas Judiciary Legislative Update 89th Legislature Bail Cont’d judicial directory for use by SCJC to provide notices to judges. Requires the reporting of certain judicial transparency information by district judges and requires OCA to provide administrative support for the collection and dissemination of this information. Requires OCA to prepare and submit a report compiling the information to certain offices. Increases the annual base salary of a district judge from $140,000 to $175,000. Increase state salary supplements tied to the base pay of a district judge for a chief justice or presiding judge of an appellate court, a business court judge who serves as administrative presiding judge, and a local administrative district judge. Prohibits the state salary supplement of a chief justice or presiding judge of an appellate court from counting toward the combined state and county pay. Increases the supplement for local administrative judges based on number of counties served. Allows business court judges to receive the maximum county supplement. Sets the standard service retirement annuity for service credited in the elected class as the years of service, multiplied by 2.3 percent of $175,000. Establishes certain limitations on the maximum annuity provided by the state. Amends how retired judges that resume service as full-time judicial officers may rejoin the JRS 2 retirement plan. See Gov’t Code ch. 33, subch. B; Gov’t Code ch. 72, subch. C; Gov’t Code §§ 665.052, 820.053, 834.102, 837.102, 837.103, 840.1025, 840.1027. SJR 5: Election Date is 11/4/2025. Amends Texas Constitution to: provide that a person accused of certain offenses punishable as a felony must be denied bail pending trial if the attorney representing the state demonstrates by a preponderance of the evidence after a hearing that the granting of bail is insufficient to reasonably (1) prevent the person’s wilful nonappearance in court or (2), by clear and convincing evidence, ensure the safety of the community, law enforcement, and the victim of the alleged offense; require a judge or magistrate who grants a person bail under the section added by the amendment to (1) set bail and impose conditions of release necessary only to reasonable (a) prevent the person’s willful nonappearance in court and (b) ensure the safety of the community, law enforcement, and the victim of the alleged offense, and (2) prepare a written order that includes certain findings and a statement explaining the justification for the grant. Outlines what a magistrate must consider for determining whether a preponderance of the evidence or clear and convincing evidence exists. 12 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Civil Law and Procedure HB 7 (2nd Called Session): Effective 12/4/2025. Creates various prohibitions on the manufacture and provision of certain abortion-inducing drugs, subject to enforcement through a qui tam action brought under a subchapter created by the bill. Creates counteraction protections arising from certain out-of-state judgments entered against individuals who bring or assist in qui tam actions under the bill’s provisions. See Health & Safety Code ch. 171A. HB 8 (2nd Called Session): Effective 12/4/2025. Revises the state’s instructionally supportive assessment program. Clarifies an appeal mechanism related to certain actions or decisions of the Texas Education Agency. See Educ. Code § 7.057(d). HB 16 (2nd Called Session): Effective dates vary. Modifies jurisdictional limits for statutory county courts, increasing the maximum amount in controversy for civil cases to $325,000 and adjusting concurrent jurisdiction with district courts. Modifies the hearing timelines and reporting requirements for a motion for summary judgement. See also Omnibus. HB 20 (2nd Called Session): Effective 12/4/2025. Enhances criminal penalties related to disaster scams and creates criminal offenses related to the malicious solicitation of disaster victims or for disaster response or relief. Creates civil liability for malicious solicitation during a disaster. See Penal Code §§ 31.03, 32.61; Civ. Prac. & Rem. Code ch. 100D. See also Criminal Law and Procedure. HB 581: Effective 9/1/2025. Adds certain AI-generated content to other content commercial entities operating websites may face civil liability for if accessible by minors. Requires consent by a source image’s personal basis and establishes an age limit of 18 for source images’ personal bases for production of certain AI-generated content. See Civ. Prac. & Rem. Code ch. 129B; Civ. Prac. & Rem. Code §§ 129B.001, 129B.002, 129B.003, 129B.0045, 129B.005, 129B.006. HB 783: Effective 9/1/2025. Adds a new chapter establishing liability for online impersonation, and related applicability, construction, damages, injunctive relief and cause of action. See Civ. Prac. & Rem. Code ch. 98C. HB 1130: Effective 5/29/2025. Adds a new chapter establishing limited liability for recreation or educational cavern activities. See Civ. Prac. & Rem. Code ch. 75C. HB 2884: Effective 5/28/2025. Requires disclosure in certain suits involving defense contractors of whether the claimant or their attorney has received, directly or indirectly, funding or financial support from any individual, entity, Texas Judicial Council 13 Texas Judiciary Legislative Update 89th Legislature Civil Law and Procedure Cont’d or government affiliated with a sanctioned or embargoed nation, as well as the identity of all funding sources or financial support. See Civ. Prac. & Rem. Code ch. 28. HB 2960: Effective 9/1/2025. Requires an action arising out of certain contracts, to the extent the venue provision in the contract is void, to be brought only in Texas in the county in which the property subject to the suit is located, unless the parties stipulate otherwise after the suit arises. See Bus. & Com. Code § 272.001; Civ. Prac. & Rem. Code § 15.020(d). HB 3441: Effective 9/1/2025. Imposes liability on any manufacturer that advertises a vaccine if that vaccine results in “harm or injury” to an individual. See Health & Safety Code § 431.118. HB 4081: Effective 9/1/2025. Creates a procedure for a party in litigation to seek the sealing of a document the party asserts contains a trade secret owned by the party. Permits a party to seek to seal a document purported to contain a trade secret held by a third party. Requires the party seeking to have the document sealed to serve the document, notice, and affidavit on the other parties to the litigation and the third party, if any, who is purported to own the trade secret. Provides that once the notice, affidavit, and document are filed, the document is sealed. Provides that if no affidavit is timely filed, the document is deemed publicly filed. Allows any person to intervene in the litigation to have a document sealed or unsealed. Provides that, after a hearing, the court may seal or unseal any part of the document, redacting portions which are found to be a trade secret. Provides that the order sealing or unsealing a purported trade secret is severed from the rest of the case, a final order, and subject to appeal. See Civ. Prac. & Rem. Code § 134A.0065. HB 4157: Effective 9/1/2025. Amends the definition of “space flight participant.” Amends requirements for certain space flight agreements to be considered effective and enforceable. Provides that a reciprocal waiver of claims between parties engaged in space flight activities under certain FAA regulations is effective and enforceable in Texas, including a waiver by a contractor, subcontractor, or customer of any party participating in a space flight activity. See Civ. Prac. & Rem. Code §§ 100A.001, 100A.003, 100A.005. HB 4202: Effective 6/20/2025. Amends grounds on which an officer may accept, by witness’s oath, evidence of the identity of an acknowledging person. See Civ. Prac. & Rem. Code § 121.005(a). 14 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Civil Law and Procedure Cont’d HB 4238: Effective 9/1/2025. Prohibits creditors and debt collectors, including third-party debt collectors, from attempting to collect a consumer debt from a person who is a victim of identity theft, if the debt is a result of the identity theft. Requires creditors and collectors to cease their collection efforts and to notify persons who received a report related to the debt that the debt is disputed and not collectible from the victim. Provides a cause of action against a person who disputes a consumer debt based on a material misrepresentation that the person is a victim of identity theft. See Fin. Code § 392.308. HB 4281: Effective 9/1/2025. Prohibits “fraudulent crowdfunding,” defined as collecting donations on behalf of a purported donee with the intent to keep the donations instead of giving them to the donee. Makes a person who engages in fraudulent crowdfunding liable to the donee and requires a court to award a claimant who prevails 125 percent of the amount of the collected donations. See Civ. Prac. & Rem. Code ch. 100B. HB 4623: Effective 9/1/2025. Creates an additional remedy for those aggrieved by injuries to students at public schools and openenrollment charter schools. Provides that such a school is liable for an act or omission committed by a professional school employee, as defined, against an enrolled student if that act or omission constitutes one or more of several delineated offenses; or if the professional school employee commits any other negligent, reckless, knowing, or intentional act that results in injury to or death of the student. Requires the professional school employee to be named as a defendant. Disallows assertion of official immunity. Waives governmental immunity to the extent otherwise applicable. See Civ. Prac. & Rem. Code ch. 118. HB 4904: Effective 9/1/2025. Limits liability of property owners on which motorcycle operation and safety instruction or an instructor training course takes place, with certain exclusions. See Transp. Code § 662.014. HB 4995: Effective 9/1/2025. Provides for the certification as a tactical medical professional of physicians and emergency medical personnel who are licensed to carry handguns and are employed or appointed by a law enforcement agency to provide medical services to victims, officers, and other persons in direct support to a tactical unit responding to a high-risk incident. Requires the director of the Department of Public Safety and the Texas Commission on Law Enforcement to develop minimum standards for initial and continuing education in handgun instruction for tactical medical professionals to obtain and maintain certification. Immunizes governmental units from civil liability arising from the discharge of a handgun by tactical medical professionals. Provides tactical medical professionals a defense to prosecution for offenses relating to possession of weapons and for trespass with a concealed or openly carried handgun, if they are discharging their duties while carrying a handgun. See Civ. Prac. & Rem. Code § 112.001; Gov’t Code ch. 411; Penal Code §§ 30.06, 30.07, 46.15. Texas Judicial Council 15 Texas Judiciary Legislative Update 89th Legislature Civil Law and Procedure Cont’d HB 5624: Effective 9/1/2025. Provides limited liability to owners, operators, employees, and volunteers of motorized off-road vehicle areas for damages incurred by participants in off-roading activities at the facility, if there is a sign posted giving notice of the limitation on liability. Provides certain exclusions to limited liability. Makes the doctrine of attractive nuisance inapplicable to claims arising from damages incurred at an off-road vehicle area. See Civ. Prac. & Rem. Code ch. 75E. SB 8 (2nd Called Session): Effective 9/22/2025 Establishes framework for the designation and use of certain spaces and facilities according to sex. Makes a political subdivision or state agency that violates the chapter created by the bill liable for a civil penalty. Creates a cause of action for a person affected by a political subdivision’s or state agency’s violation of the chapter created by the bill. Provides that a state court lacks jurisdiction to consider certain relief that would declare the new chapter invalid or unconstitutional or otherwise restrain enforcement of the new chapter. See Gov’t Code ch. 3002. See also Criminal Law and Procedure. SB 17: Effective 9/1/2025. Adds a new subchapter to Chapter 5, Property Code, related to the purchase or acquisition of real property by certain foreign individuals or entities. Creates a state jail felony offense for the intentional or knowing purchase or other acquisition of an interest in real property in violation of the subchapter added by the bill. Creates a civil action for violations of the subchapter and authorizes the attorney general to bring an action to collect the penalty. See Prop. Code ch. 5, subch. H. SB 29: Effective 5/14/2025. Amends various statutes related to the formation, internal affairs, and governance of domestic entities. See Bus. Orgs. Code ch. 21. SB 31: Effective 6/20/2025. Provides that a civil action brought against a physician or health care provider for a violation of a provision of certain chapters of the Health and Safety Code, subject to an exception provided by the chapter alleged to have been violated or other law, is a health care liability claim and is subject to the same requirements as any other health care liability claim. Conforms Texas abortion statutes to uniformly define the situation of when a medical emergency occurs by maintaining and clarifying protections against threats to the mother’s life and threats to her major bodily functions. Amends current law relating to exceptions to otherwise prohibited abortions based on a physician’s reasonable medical judgment. See Civ. Prac. & Rem. Code § 74.551; Health & Safety Code chs. 170A, 171. 16 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Civil Law and Procedure Cont’d SB 33: Effective 9/1/2025. Empowers the Office of the Attorney General, state residents, or individuals within a political subdivision to initiate legal action against any entity engaging in prohibited abortion transactions. See Gov’t Code § 2273.004. SB 38: Effective dates vary. Amends the Property Code to revise, remove, and repeal provisions regarding the eviction process in Texas, in relation to jurisdiction and venue, computation of time, the authority to modify or suspend eviction procedures, notice, and other various matters. Requires the Supreme Court to adopt certain rules to clarify evictions procedures relating to eviction suits. See Prop. Code ch. 24. SB 140: Effective 9/1/2025. Provides that statutes relating to telephone solicitations apply to a transmission of a text, graphic message, or an image. Specifies that a claimant who prevails more than once in certain private causes of action are not limited in recovery in future proceedings. Designates violations of statutes relating to telephone solicitations and telemarketing as false, misleading, or deceptive acts or practices under the Deceptive Trade Practices-Consumer Protection Act, subject to enforcement by public or private remedies under that act. See Bus. & Com. Code §§ 302.001, 302.003, 304.005, 304.2581, 305.054, 305.055. SB 1734: Effective 9/1/2025. Expands presumptions for court clerks regarding whether documents or instruments are fraudulent. Adds new processes on action on fraudulent conveyance. Permits owners of real property to file an affidavit regarding purported conveyance of title or interest. Permits purchasers of real property to rely on certain court findings on purported conveyance of title or interest. See Gov’t Code §§ 51.901, 51.9035; Prop. Code §§ 5.0206, 5.0207. SB 2411: Effective 9/1/2025. Amends and adds several sections to the Business Organizations Code. Clarifies that any reference in any section of code to jurisdiction of the district courts is not a deprivation of the jurisdiction vested in the business courts over certain disputes. Requires that any entity claim be brought in a Texas court. Clarifies a corporation’s rights with respect to certain written demands related to pending derivative proceedings. Authorizes a for-profit corporation’s board of directors to allow the formation of committees of independent and disinterested directors and allows interested parties to seek declaratory relief as to whether the members of such a committee are, in fact, disinterested. See Bus. Orgs. Code, various chs. Texas Judicial Council 17 Texas Judiciary Legislative Update 89th Legislature Clerks HB 16 (2nd Called Session): Effective dates vary. Modifies jurisdictional limits for statutory county courts, increasing the maximum amount in controversy for civil cases to $325,000 and adjusting concurrent jurisdiction with district courts. Modifies the hearing timelines and reporting requirements for a motion for summary judgement. Modifies procedures and practices of a district clerk for summoning jurors. See also Omnibus. HB 1734: Effective 9/1/2025. Amends which documents a court clerk is directed to send to transfer a proceeding. See Fam. Code § 155.207. SB 16 (2nd Called Session): Effective 12/4/2025. Creates criminal offenses relating to real property theft and real property fraud. Details what judgment of conviction for real property theft or real property fraud must include and requires certain filings with the county clerk related to the judgment. Requires court to enter certain restitution for real property theft. Requires presentment of photo identification for filing of certain real property records. See Code Crim. Proc. art. 12.01, ch. 5C, and art. 42.0376; Loc. Gov’t Code §§ 191.010; and Penal Code §§ 31.23, 32.60 See also Criminal Law and Procedure. SB 647: Effective 9/1/2025. Revises provisions on which actions court clerks must take upon belief that certain documents or instruments are fraudulent. Outlines when a document or instrument is presumed to not be fraudulent. Revises actions county clerk must take if clerk in good faith believes the document or instrument creating a lien is fraudulent. Grants immunity from liability and suit to clerks who, in good faith, file or record or refuse to file or record certain documents. See Gov’t Code § 51.901. SB 1404: Effective 9/1/2025. Requires for certain suits affecting the parent-child relationship that a party provide an email address to the court. Permits a court clerk to send orders, notices, and other documents relating to final orders by e-mail. Amends the award of attorney’s fee or expenses for certain suits affecting the parent-child relationship. See Fam. Code §§ 105.006, 106.002, 157.167. SB 1547: Effective 6/20/2025. Requires clerks to charge fees for electronic copies of real property records in accordance with Government Code Sections 552.231 and 552.262, as opposed to the current charge of $0.10 per page. See Loc. Gov’t Code § 118.011. SB 1666: Effective 9/1/2025. Requires the Department of Criminal Justice to transfer to the clerk of the court that entered an order of restitution a restitution payment derived from unclaimed property for which a claim was filed. Shortens 18 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Clerks Cont’d the number of years after which restitution payments are considered abandoned. See Gov’t Code §§ 493.035, 508.322. SB 1667: Effective 9/1/2025. Requires defendants to submit an ex parte petition to obtain an expunction order upon successful completion of a veterans treatment program or a mental health court program. Imposes limits on a petition for an expunction. Requires district clerks to compile and maintain on their respective website a list of agencies, along with the e-mail address of each agency, that must be included in the petition for an expunction. Requires courts to wait a minimum of 30 days before setting a hearing for an expunction petition. Repeals provisions requiring clerks to send a copy of the expunction petition and notice of hearing to the Texas Office of Court Administration of the Texas Judicial Branch. Requires state agencies to accept an electronic copy of the expunction petition and notice of hearing and prohibits clerks from assessing a fee to send the documents electronically. Authorizes a fee to send the petition and notice of hearing to an agency unable to receive an electronic copy of the documents. Authorizes the retention of certain mental health information, even if that information is subject to an expunction order. Repeals provisions requiring destruction of the expunction order itself by allowing clerks to keep the order but limiting its release to the petitioner only. Repeals other fees and costs associated with an ex parte petition for an expunction. See Code Crim. Proc. arts. 55A.203, 55A.253, 55A.254, 55A.256, 55A.3025, 55A.351, 55A.356. SB 1734: Effective 9/1/2025. Expands presumptions for court clerks regarding whether documents or instruments are fraudulent. Adds new processes on action on fraudulent conveyance. Permits owners of real property to file an affidavit regarding purported conveyance of title or interest. Permits purchasers of real property to rely on certain court findings on purported conveyance of title or interest. See Gov’t Code §§ 51.901, 51.9035; Prop. Code §§ 5.0206, 5.0207. SB 1760: Effective 9/1/2025. Revises procedures for transferring a guardianship from a court in one county to another. Creates a fee for filing the case with the clerk of the court which receives a transferred case. Creates a receipt form. Imposes certain duties upon guardians. Grants courts the power to order a guardian to spend money from the ward’s estate for the education and maintenance of the ward’s minor children or incapacitated adult children. Requires guardians of an estate to attach certain statements with annual accounts. Revises certain provisions relating to the closing of the estate of the guardianship and the discharge of the guardian. See Est. Code, various chs. Texas Judicial Council 19 Texas Judiciary Legislative Update 89th Legislature Commissions, Committees, Councils, and Task Forces SB 293: Effective dates vary. Adds persistent or willful violation of the rules for setting bail under Article 17.15 of the Code of Criminal Procedure and failure to meet deadlines, performance measures, or clearance rate requirements set by statute, administrative rule or binding court order to the definition of willful or persistent misconduct for the purposes of Section 1-a, Article V, Texas Constitution. Allows the State Commission on Judicial Conduct (SCJC) to impose an administrative penalty for knowingly filing a false complaint. Requires SCJC to conduct certain preliminary investigations and draft recommendations for commission action as soon as practicable after a complaint has been filed. Shortens the timeframes for investigating and disposing of complaints and allows SCJC to grant an additional extension for disposing of complaints under certain circumstances. Sets a statute of limitations unless SCJC determines good cause exists for investigating the complaint. Adds substance abuse as a cause of judicial incapacity. Revises the process for disposing of complaints alleging judicial incapacity. Directs the Office of Court Administration (OCA) to establish a judicial directory for use by SCJC to provide notices to judges. Requires the reporting of certain judicial transparency information by district judges and requires OCA to provide administrative support for the collection and dissemination of this information. Requires OCA to prepare and submit a report compiling the information to certain offices. Increases the annual base salary of a district judge from $140,000 to $175,000. Increase state salary supplements tied to the base pay of a district judge for a chief justice or presiding judge of an appellate court, a business court judge who serves as administrative presiding judge, and a local administrative district judge. Prohibits the state salary supplement of a chief justice or presiding judge of an appellate court from counting toward the combined state and county pay. Increases the supplement for local administrative judges based on number of counties served. Allows business court judges to receive the maximum county supplement. Sets the standard service retirement annuity for service credited in the elected class as the years of service, multiplied by 2.3 percent of $175,000. Establishes certain limitations on the maximum annuity provided by the state. Amends how retired judges that resume service as full-time judicial officers may rejoin the JRS 2 retirement plan. See Gov’t Code ch. 33, subch. B; Gov’t Code ch. 72, subch. C; Gov’t Code §§ 665.052, 820.053, 834.102, 837.102, 837.103, 840.1025, 840.1027. SB 1574: Effective 9/1/2025. Requires the Texas Judicial Council to establish by rule a centers for excellence program to identify, support, and recognize justices and judges who excel in serving their communities and representing the judiciary. Specifies criteria the council must consider in in awarding a center of excellence recognition. See Gov’t Code § 71.040. SJR 27: Election Date is 11/4/2025. Enabling legislation is SB 293. Amends the Texas Constitution to: change State Commission on Judicial Conduct (SCJC) composition, residency requirements, and regular terms of office; expand and alter SCJC remedial power; and permit the SCJC to recommend to the Supreme Court that a judge or justice be suspended with or without pay pending final disposition of a charge. 20 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Costs, Fees, Fines, and Collections HB 16 (2nd Called Session): Effective dates vary. Modifies various fees charged for certain filings. Outlines fees in expunction proceedings. Details fees for certain personal property filings and real property records filings. Modifies the dollar amount a defendant receives credit for while serving a sentence of confinement or community service for a misdemeanor. See also Omnibus. HB 2282: Effective 9/1/2025. Modifies a reimbursement fee for services of peace officers paid by defendants convicted of felonies or misdemeanors. See Code Crim. Proc. art. 102.011. HB 2524: Effective 9/1/2025. Amends certain sections of the Family Code to permit court and other costs to be paid under a court’s order. Allows enforcement of certain court orders in an attorney’s name. See Fam. Code §§ 6.502, 6.708, 6.709, 8.0591; ch. 8, subch. B. SB 1547: Effective 6/20/2025. Requires clerks to charge fees for electronic copies of real property records in accordance with Government Code Sections 552.231 and 552.262, as opposed to the current charge of $0.10 per page. See Loc. Gov’t Code § 118.011. SB 1667: Effective 6/20/2025. Requires defendants to submit an ex parte petition to obtain an expunction order upon successful completion of a veterans treatment program or a mental health court program. Imposes limits on a petition for an expunction. Requires district clerks to compile and maintain on their respective website a list of agencies, along with the e-mail address of each agency, that must be included in the petition for an expunction. Requires courts to wait a minimum of 30 days before setting a hearing for an expunction petition. Repeals provisions requiring clerks to send a copy of the expunction petition and notice of hearing to the Texas Office of Court Administration of the Texas Judicial Branch. Requires state agencies to accept an electronic copy of the expunction petition and notice of hearing and prohibits clerks from assessing a fee to send the documents electronically. Authorizes a fee to send the petition and notice of hearing to an agency unable to receive an electronic copy of the documents. Authorizes the retention of certain mental health information, even if that information is subject to an expunction order. Repeals provisions requiring destruction of the expunction order itself by allowing clerks to keep the order but limiting its release to the petitioner only. Repeals other fees and costs associated with an ex parte petition for an expunction. See Code Crim. Proc. arts. 55A.203, 55A.253, 55A.254, 55A.256, 55A.3025, 55A.351, 55A.356. Texas Judicial Council 21 Texas Judiciary Legislative Update 89th Legislature Costs, Fees, Fines, and Collections Cont’d SB 1760: Effective 9/1/2025. Revises procedures for transferring a guardianship from a court in one county to another. Creates a fee for filing the case with the clerk of the court which receives a transferred case. Creates a receipt form. Imposes certain duties upon guardians. Grants courts the power to order a guardian to spend money from the ward’s estate for the education and maintenance of the ward’s minor children or incapacitated adult children. Requires guardians of an estate to attach certain statements with annual accounts. Revises certain provisions relating to the closing of the estate of the guardianship and the discharge of the guardian. See Est. Code, various chs. 22 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature County Courts and District Courts HB 16 (2nd Called Session): Effective dates vary. Establishes new judicial and prosecutorial districts in various counties, including Brazoria, Comal, Ellis, Fort Bend, Harris, Montgomery, Rockwall, Lavaca, Colorado, and Williamson. Specifies that some courts will give preference to civil cases and other courts to criminal cases. Creates the Maverick County Court at Law, the County Civil Court at Law No. 5 of Harris County, and the Probate Court No. 2 of Hidalgo County. See also Omnibus. HB 171: Effective 9/1/2025. Amends various sections of the Health and Safety Code related to treatment of persons with chemical dependencies. Adds a minimum of 30 days for certain court-remanded treatment. See Health & Safety Code §§ 462.001, 462.064, 462.069, 462.075, 462.080, 462.081. HB 5081: Effective 9/1/2025. Provides protection of personally identifying information of specified judiciary employees. Prohibits the publication of personally identifying information of those individuals, their children, and their immediate family members, subject to certain exceptions for data brokers, consumer credit reporting, law enforcement, journalism, voluntary disclosure, and under other circumstances. Prohibits a person, including a data broker, from publicly posting protected information on a publicly accessible website, after the protected person submitted a written request that the information not be disclosed, subject to certain exceptions. Creates an affirmative duty to remove information from a website within 10 days after receiving a request to do so from a protected person. Requires the judicial security division of the Office of Court Administration, subject to appropriation, to develop a process by which a judge can file a written request with the administrative director of the Office to notify a person that they must remove protected information from a publicly available website. Provides for civil remedies, including injunctive relief, a fine, and exemplary damages, court costs and attorney’s fees to a protected person whose protected information is displayed in violation of the law. Designates a violation of the prohibitions on disclosing, displaying, or transferring personally identifiable information about a protected person as a Class B misdemeanor or a Class A misdemeanor if the disclosure results in bodily injury to a protected person or their immediate family member. See Gov’t Code ch. 92. SB 251: Effective 6/20/2025. Authorizes the Commissioners Court of Bell County to hire magistrates to serve the courts with criminal jurisdiction in the county. Requires the Commissioners Court to set the qualifications, salary, benefits, and compensation of each magistrate position. Specifies that the qualifications must include experience serving as a justice of the peace or a municipal court judge, or licensure to practice law in Texas in good standing for at least two years. Specifies the jurisdiction, powers, and duties of the magistrates. See Gov’t Code ch. 54; Code Crim. Proc. art. 2A.151. Texas Judicial Council 23 Texas Judiciary Legislative Update 89th Legislature County Courts and District Courts Cont’d SB 387: Effective 9/1/2025. Increases the bond to $500,000 for judges of county courts and statutory county courts who preside over certain guardianship and probate proceedings. Amends which judges must observe bond requirements. See Gov’t Code §§ 25.0006, 26.001. SB 663: Effective 9/1/2025. Requires the district judge or district judges trying criminal cases in each judicial district and the statutory county court judges trying criminal cases in the county or counties served by the judicial district to perform certain actions, including reviewing, rather than approving, a community supervision and corrections department’s budget and strategic plan following approval of the budget and plan by the community justice assistant division of the Texas Department of Criminal Justice. See Gov’t Code §§ 76.002, 76.0045. SB 664: Effective 9/1/2025. Amends various provisions of Ch. 54, Government Code, regarding the qualifications of masters, magistrates, referees, associate judges, and hearing officers appointed under the chapter. Requires a Chapter 54 judicial officer whose duties include bail decisions to comply with certain bail training requirements. Authorizes the removal of Ch. 54 judicial officers under Section 24, Article V of the Texas Constitution. Requires a local administrative judge to ensure a Ch. 54 judicial officer complies with certain requirements. Requires the local administrative judge to report certain violations to the commissioners court, the regional administrative presiding judge, the Office of Court Administration, and the State Commission on Judicial Conduct. Requires a local administrative judge to supervise the performance of Ch. 54 judicial officers. See Gov’t Code ch. 54, subch. A; Gov’t Code §§ 54A.003, 54A.103, 54A.305, 74.092. 24 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Courthouse Security and Judicial Privacy HB 16 (2nd Called Session): Effective dates vary. Expands judicial privacy protections to cover employees and commissioners of the State Commission on Judicial Conduct, as well as employees of the Office of Court Administration and entities administratively attached thereto. Protects the personal information of judges, court employees, and related officials by allowing redaction of sensitive information from public records and licenses. Requires a local court security committee to make recommendations to local government, including by developing a court emergency management plan. Requires a court security committee to meet periodically and provides that the committee is not a governmental body for open meetings or public information purposes. Requires OCA’s Judicial Security Division to develop a model court emergency management plan. See also Omnibus. HB 1506: Effective 9/1/2025. Amends the definition of a retired judicial officer to include retired judges of a constitutional or statutory county court who served in that capacity for at least four years. See Gov’t Code § 411.201. HB 1950: Effective 5/29/2025. Exempts municipalities with populations below 100,000 from maintaining municipal court building security funds or municipal court technology funds. Creates new consolidated municipal court building security and technology funds for municipalities with populations below 100,000 and makes accompanying changes. See Code Crim. Proc. arts. 102.017, 102.0172, 102.0175; Loc. Gov’t Code § 134.103. HB 5081: Effective 9/1/2025. Provides protection of personally identifying information of specified judiciary employees. Prohibits the publication of personally identifying information of those individuals, their children, and their immediate family members, subject to certain exceptions for data brokers, consumer credit reporting, law enforcement, journalism, voluntary disclosure, and under other circumstances. Prohibits a person, including a data broker, from publicly posting protected information on a publicly accessible website, after the protected person submitted a written request that the information not be disclosed, subject to certain exceptions. Creates an affirmative duty to remove information from a website within 10 days after receiving a request to do so from a protected person. Requires the judicial security division of the Office of Court Administration, subject to appropriation, to develop a process by which a judge can file a written request with the administrative director of the Office to notify a person that they must remove protected information from a publicly available website. Provides for civil remedies, including injunctive relief, a fine, and exemplary damages, court costs and attorney’s fees to a protected person whose protected information is displayed in violation of the law. Designates a violation of the prohibitions on disclosing, displaying, or transferring personally identifiable information about a protected person as a Class B misdemeanor or a Class A misdemeanor if the disclosure results in bodily injury to a protected person or their immediate family member. See Gov’t Code ch. 92. Texas Judicial Council 25 Texas Judiciary Legislative Update 89th Legislature Courthouse Security and Judicial Privacy Cont’d SB 890: Effective 9/1/2025. Extends the right to carry a concealed handgun to active and retired statutory probate court judges upon receipt of an expedited license from the Texas Department of Public Safety. See Gov’t Code § 411.201. SB 2141: Effective 9/1/2025. Permits state and federal judges entitled to receive a specialty license plate to elect to receive a license plate that does not include the words “State Judge” or “U.S. Judge.” See Transp. Code § 504.403(b). 26 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure HB 20 (2nd Called Session): Effective 12/4/2025. Enhances criminal penalties related to disaster scams and creates criminal offenses related to the malicious solicitation of disaster victims or for disaster response or relief. Creates civil liability for malicious solicitation during a disaster. See Penal Code §§ 31.03, 32.61; Civ. Prac. & Rem. Code ch. 100D. See also Civil Law and Procedure. HB 47: Effective 9/1/2025. Amends certain rights of victims regarding related medical care and required notices thereof. Adds rideshare driving among prohibited employment for those required to register as sex offenders. Requires rideshare providers to search the state sex offender public website before permitting an individual to log in as a driver. Amends the period of validity for a certification of a sexual assault nurse examiner. Extends basic sexual assault response policy and training requirements to certain health care facility contractors. Adds legal aid services providers to standard information forms for sexual assault survivors. Amends SAFE program standards. Amends county adult sexual assault response team reporting requirements. Adds county adult sexual assault response team noncompliance criteria and outcomes. Amends physician and physician assistant forensic evidence collection continuing education requirements and revises them from optional to mandatory. Amends a tenant’s right to vacate and avoid liability following certain sex offenses or stalking. See Code Crim. Proc. arts. 29.14, 561A.051, 56A.052, 56A.401, 56A.451, 62.063; Fam. Code § 57.002; Gov’t Code § 420.011; Health & Safety Code §§ 323.0046, 323.005, 323.0051, 323.0052, 323.053; Loc. Gov’t Code § 351.257; Occ. Code §§ 156.057, 204.1563, 2402.107; Prop. Code § 92.0161. HB 75: Effective 9/1/2025. Requires an arresting magistrate, having determined that no probable cause exists to believe that a person committed the offense for which they were arrested, enter support of their findings in the written record within 24 hours of their determination. See Code Crim. Proc. art. 15.17. HB 108: Effective 9/1/2025. Elevates offenses under Title 5, Penal Code, when metal or body armor was used during their commission. Requires a judge make an affirmative finding of fact in certain such trials. See Code Crim. Proc. art. 42.01, 42.01992; Penal Code § 12.503. HB 127: Effective 9/1/2025. Creates a Higher Education Research Security Council. Prohibits institutes of higher education and their employees from accepting certain gifts from foreign adversaries. Prohibits academic partnerships with certain foreign adversaries. Prohibits student organizations from accepting gifts from foreign adversaries or receiving financial support under contracts or agreements with foreign adversaries. Requires institutes of higher education to screen certain researchers and provides screening guidelines. Requires institutes of higher education to establish research security offices. Requires institutes of higher education to establish international travel approval and monitoring programs. Establishes new Texas Judicial Council 27 Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d recordkeeping requirements. Amends the criminal penalty for the offense of theft of trade secrets. See Educ. Code § 51.957; Educ. Code ch. 51B; Penal Code § 31.05. HB 130: Effective 9/1/2025. Prohibits covered entities from using certain software and genome sequencers produced by foreign adversaries. Prohibits the sale of certain genomic sequencing data as part of bankruptcy proceedings or plans. Prohibits the storage of certain genome sequencing data in foreign adversary countries. Requires annual certification of compliance from covered entities. Establishes a civil penalty, recoverable by the attorney general, for violations of the chapter. Establishes a private civil cause of action for violations of the chapter. See Health & Safety Code ch. 174. HB 166: Effective 9/1/2025. Expands presumption for criminal offense of abandonment or endangerment of a child, elderly individual, or disabled individual in connection with Penalty Group 1-B substances. See Penal Code § 22.041. HB 285: Effective 9/1/2025. Adds criminal negligence as a culpable mental state for the offense of cruelty to nonlivestock animals. Creates a defense to prosecution for cruelty to nonlivestock animals for veterinarians and assistants for conduct occurring while discharging their duties. See Penal Code § 42.092. HB 654: Effective 9/1/2025. Permits dismissal of certain hunting violations after completion of a hunter education course. See Parks & Wild. Code § 61.902. HB 1422: Effective 9/1/2025. Authorizes sexual assault survivor consent to forensic DNA testing and profile comparison of biological evidence collected during certain medical examinations. Permits results of such DNA testing to be used in a subsequent criminal investigation or trial. Directs for the survivor to be provided with any results from the testing. Creates the offense of continuous sexual abuse where, during a period greater than 30 days, a person 17 years old or older commits three or more acts of sexual abuse on any other person and lists it among offenses ineligible for judge-ordered community supervision. Recategorizes voyeurism and creates a state jail felony where the actor has previously been convicted of voyeurism, the victim is a child younger than 18, and the offense is committed at a postsecondary school. Creates a thirddegree felony for voyeurism where the victim is a child younger than 18 and the actor has previously been convicted of voyeurism where the victim was under 18. Permits sentences to run concurrently or consecutively where an accused is found guilty of more than one sexual assault or aggravated sexual assault arising out of the same criminal episode. See Code Crim. Proc. arts. 42A.054, 42A.102, 56A.306, 62.001; Gov’t Code §§ 420.0735, 420.0736, 499.027, 508.145, 508.149, 508.151, 508.189; Penal Code §§ 3.03, 12.35, 12.42, 12.502, 15.031, 15.032, 21.03, 21.17, 21.18, 22.021. 28 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d HB 1443: Effective 9/1/2025. Creates an offense for knowingly possessing, promoting, or possessing with the intent to promote a child-like sex doll. Creates an affirmative defense for possession or promotion for a bona fide law enforcement purpose. See Penal Code § 43.231. HB 1465: Effective 9/1/2025. Adds reportable convictions or adjudications for invasive visual recording to the sex offender registration program. Amends the offense of invasive visual recording to apply to places in which a person has a reasonable expectation of privacy and defines the same. See Code Crim. Proc. art. 62.001; Penal Code § 21.15. HB 1778: Effective 9/1/2025. Amends membership in the Attorney General’s Human Trafficking Prevention Coordinating Council to include the Texas Office of Court Administration. Requires the Texas Commission of Licensing and Regulation to adopt rules regarding human trafficking training for beauty and barber shops and schools, requires tattoo and body piercing studio employees to complete such training, and requires posting of signage regarding human trafficking. Clarifies that a person who commits the offense of trafficking of persons is culpable regardless of whether the person knows the age of the child victim or whether the person knows the victim is disabled. Amends the offense of human trafficking qualified as a first-degree felony to include when committed at school bus stops or other pick-up or drop-off zones. Amends the offense of solicitation of prostitution. Creates a new offense of continuous promotion of prostitution and makes those convicted of such an offense ineligible for certain licenses. Amends the offense of possession or promotion of child pornography. Adds a minimum term of confinement for certain convictions under that offense. Amends the offenses of failure to stop or report sexual or assaultive offense against child and continuous promotion of prostitution to have no statute of limitation. Extends the qualifications for outcry statements made by child victims to include persons with a disability. Amends and retitles failure to stop or report aggravated assault of child as failure to stop or report aggravated sexual or assaultive offense against child, elevating the offense from a class A misdemeanor to a third-degree felony. Adjusts required reporting to the Texas Office of Court Administration of offenses from district courts and county courts at law. Amends required human trafficking reporting to the Texas Office of Attorney General. Establishes a statewide human trafficking data repository within the Office of the Attorney General. See Gov’t Code §§ 71.0353, 402.034, 402.035, 402.0351, 402.0352, 402.0353; Health & Safety Code §§ 146.0075, 169.002; Occ. Code §§ 455.005, 455.152, 455.251, 1603.302; Penal Code §§ 20A.02, 38.17, 42.032; 43.021, 43.26; Code Crim. Proc. arts. 12.01, 17.081, 17.465, 38.072, 38.37, 42A.054, 56B.003, 58.051. HB 1871: Effective 9/1/2025. Elevates attempted capital murder of a peace officer to a first-degree felony and sets a minimum and maximum penalty for the same. Denies eligibility for release on parole or to mandatory supervision for Texas Judicial Council 29 Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d anyone convicted of attempted capital murder of a peace officer. See Penal Code § 15.01; Gov’t Code §§ 508.145, 508.149. HB 1902: Effective 9/1/2025. Creates a new felony offense of jugging, or theft of money after following someone’s departure from a business or financial institution. See Penal Code § 29.04. HB 2001: Effective 9/1/2025. Modifies classifications of the offense of misuse of official information, to repeal a misdemeanor reduction and elevate certain charged conduct to felonies. See Penal Code § 39.06. HB 2073: Effective 9/1/2025. Modifies the classification of the offense of violation of certain court orders or conditions of bond in a family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case to elevate to a state jail felony certain bond condition violations while possessing a deadly weapon. Modifies the classification of the related charge of repeated violation to elevate to a second-degree felony if any of the violations were punishable as state jail felonies. See Penal Code §§ 25.07, 25.072. HB 2348: Effective 9/1/2025. Permits depositions of elderly or disabled persons by video recording. Modifies predicates to read certain depositions and adds predicates to publishing depositions. See Code Crim. Proc. arts. 39.025, 39.12. HB 2510: Effective 9/1/2025. Creates a new offense of personal assistance services provided without license to certain individuals. Creates a new offense for operating an unlicensed assisted living facility. See Health & Safety Code §§ 142.00605, 247.0441. HB 2524: Effective 9/1/2025. Amends certain sections of the Family Code to permit court and other costs to be paid under a court’s order. Allows enforcement of certain court orders in an attorney’s name. See Fam. Code §§ 6.502, 6.708, 6.709, 8.0591; ch. 8, subch. B. HB 2593: Effective 9/1/2025. Elevates the offense of indecent assault to a second-degree felony when committed against disabled or elderly individuals. See Penal Code § 22.012. 30 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d HB 2594: Effective 9/1/2025. Amends venue for the offense of theft, organized retail theft, and cargo theft to include venue for theft of intangible personal property. Amends venue for the offense of engaging in organized criminal activity to include venue for theft of intangible personal property. See Code Crim. Proc. arts. 13A.251, 13A.501. HB 2596: Effective 9/1/2025. Allows victims of certain burglary offenses to file an application for a protective order, if the alleged offender committed the offense with the intent to commit certain other offenses. See Code Crim. Proc. ch. 7B, art. 56A. HB 2697: Effective 9/1/2025. Requires a surety to notify the defendant’s attorney of the surety’s intention to surrender the principal. Requires a surety, in felony cases, to notify the prosecution of the surety’s intent to surrender a defendant to the court before filing an affidavit, thus canceling the surety’s bond. See Code Crim. Proc. art. 17.19. HB 2733: Effective 9/1/2025. Expands the conduct constituting solicitation for purposes of the Class A misdemeanor and third-degree felony offense of barratry and solicitation of professional employment to include certain communication made by means of a direct message on a social media platform by other electronic communication. See Penal Code § 38.12. HB 2761: Effective 9/1/2025. Stipulates that it is not a defense to prosecution of the offenses of trafficking of persons, continuous trafficking of persons, and compelling prostitution, if a trafficked child or disabled individual did not complete the act of prostitution and/or lacks the culpable mental state to knowingly engage in the act of prostitution. See Penal Code §§ 20A.02, 20A.03, 43.05. HB 3073: Effective 9/1/2025. Establishes that an act of sexual assault is without a person’s consent, if the actor knows that the other person is intoxicated or impaired by any substance to the extent that the other person is incapable of consenting. See Penal Code § 22.011. HB 3185: Effective 9/1/2025. Relates to the investigations of certain cybercrimes and authorizes a prosecutor to issue and serve an administrative subpoena that requires the production of certain records. See Gov’t Code ch. 426. HB 3425: Effective 9/1/2025. Expands the conduct that constitutes the offense of obstruction or retaliation and the offense of unlawful disclosure of residential address or telephone number to include disclosing through an electronic Texas Judicial Council 31 Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d communication the residential address or telephone number of a public servant or member of the public servant’s family or household with intent to cause harm or a threat of harm in retaliation for or on account of the service or status of the individual as a public servant. See Penal Code §§ 36.06, 42.074. HB 3463: Effective 9/1/2025. Clarifies the form of notice demanding payment required for the offense of theft of service when an actor has secured performance of a service by agreeing to provide compensation but fails to make full payment. See Penal Code § 31.04. HB 3464: Effective 9/1/2025. Enhances the punishment for correctional facility employees who provide a controlled substance to an inmate in the correctional facility from a third-degree felony to a second-degree felony, or a firstdegree felony if the provided controlled substance causes the death of a person in the custody of the correctional facility. See Penal Code § 38.11. HB 4749: Effective 9/1/2025. Permits counties with populations below 1,000 to draw names for the jury wheel from eligible residents of contiguous counties within the same judicial district and modifies grand and petit jury qualifications accordingly. See Code Crim. Proc. art. 19A.01. HB 4995: Effective 9/1/2025. Provides for the certification as a tactical medical professional of physicians and emergency medical personnel who are licensed to carry handguns and are employed or appointed by a law enforcement agency to provide medical services to victims, officers, and other persons in direct support to a tactical unit responding to a high-risk incident. Requires the director of the Department of Public Safety and the Texas Commission on Law Enforcement to develop minimum standards for initial and continuing education in handgun instruction for tactical medical professionals to obtain and maintain certification. Immunizes governmental units from civil liability arising from the discharge of a handgun by tactical medical professionals. Provides tactical medical professionals a defense to prosecution for offenses relating to possession of weapons and for trespass with a concealed or openly carried handgun, if they are discharging their duties while carrying a handgun. See Civ. Prac. & Rem. Code § 112.001; Gov’t Code ch. 411; Penal Code §§ 30.06, 30.07, 46.15. HB 4996: Effective 9/1/2025. Amends the offense of refusal to execute a release of a fraudulent lien or claim on real or personal property from a Class A misdemeanor to a third-degree felony, if the person who refuses to release the fraudulent lien or claim knows the property at issue is owned by a public servant. See Penal Code § 32.49. 32 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d HB 5238: Effective 9/1/2025. Prohibits a person from creating an electronic disturbance, including hacking, in a lawful virtual meeting, procession, or gathering with intent to prevent or disrupt it. Designates a violation of the prohibition as a Class B misdemeanor. See Penal Code § 42.05. HB 5436: Effective 9/1/2025. Creates an exemption from titling requirements for certain vehicles purchased by a used automotive parts recycler if the vehicle is at least 13 years of age, has not been registered for at least seven years, and was purchased solely for parts, dismantling, or scrap. Requires a used automotive parts recycler to compile a record of information regarding each vehicle purchased, including a written statement from the seller certifying a right to sell the vehicle and acknowledging that falsifying the statement is subject to criminal penalties and the payment of restitution. Requires used automotive parts recyclers to report information regarding vehicles they purchase to the Department of Motor Vehicles and the National Motor Vehicle Title Information System within 24 hours after purchase. Requires the department to notify the automotive recyclers within 48 hours thereafter to inform them whether the vehicle has been reported stolen. Requires the recycler to notify appropriate local law enforcement if the vehicle is reported stolen. Requires the department to add a notation to the motor vehicle record of the vehicle, stating the vehicle has been dismantled, scrapped, or destroyed and cancel the title. Requires automotive recyclers to check for unsatisfied recorded security interests or liens on purchased vehicles which were recorded within six years prior to purchase and to report such liens to the county assessor-collector of the county where the recycler is located. Requires county assessor-collectors to notify lienholders and registered owners of vehicles subject to such liens. Requires restitution to be paid by a seller who sells a vehicle in violation of the bill’s requirements. Makes it an offense punishable as a Class C misdemeanor to falsify or fail to obtain information regarding a vehicle or to sell a vehicle which is subject to a security interest or lien that was recorded within six years prior to the sale. Requires enhanced penalties for repeat offenses. See Transp. Code §§ 501.098, 501.109. SB 8 (2nd Called Session): Effective 9/22/2025 Establishes framework for the designation and use of certain spaces and facilities according to sex. Makes a political subdivision or state agency that violates the chapter created by the bill liable for a civil penalty. Creates a cause of action for a person affected by a political subdivision’s or state agency’s violation of the chapter created by the bill. Provides that a state court lacks jurisdiction to consider certain relief that would declare the new chapter invalid or unconstitutional or otherwise restrain enforcement of the new chapter. See Gov’t Code ch. 3002. See also Civil Law and Procedure. SB 9: Effective dates vary. Requires Public Safety Report System (PSRS) to show whether a defendant is on community supervision, parole, mandatory supervision, released on bail, or participating in certain pretrial intervention programs, and provide certain warrant and protective order information. Permits a magistrate to order, prepare, or Texas Judicial Council 33 Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d consider a PSRS report in setting bail for certain defendants not in custody. Amends the release on bail of defendants charged with a felony offense. Creates a review of bail process for certain bail decisions. Requires the Office of Court Administration (OCA) to configure the PSRS to allow a county or municipality to integrate a county’s jail record management system and case management system with the PSRS. Authorizes OCA to provide grants for systems integration. Requires charitable bail organizations to report certain information to OCA and requires OCA to report to the appropriate sheriff information about suspected violations of Article 17.071. Requires a judge to make an affirmative finding in the disposition of a criminal case involving any offense punishable as a Class B misdemeanor or higher if the judge determines the defendant willfully failed to appear after the defendant was released from custody. Permits the state to appeal a court order granting bail in an amount considered insufficient by the prosecuting attorney for certain charged offenses. See Code Crim. Proc. chs. 16, 17, 27, 42, 44, 56A; Gov’t Code § 72.038; Hum. Res. Code § 51A.003. SB 11 (2nd Called Session): Effective 12/4/2025. Provides affirmative defense to prosecution for certain victims of trafficking of persons or compelling prostitution. See Penal Code § 8.09. SB 12 (2nd Called Session): Effective 2/4/2025 Provides that attorney general has jurisdiction to prosecute and must represent the state in the prosecution of a criminal offense under the Election Code. See Gov’t Code ch. 402, sub. E. SB 16 (2nd Called Session): Effective 12/4/2025. Creates criminal offenses relating to real property theft and real property fraud. Details what judgment of conviction for real property theft or real property fraud must include and requires certain filings with the county clerk related to the judgment. Requires court to enter certain restitution for real property theft. Requires presentment of photo identification for filing of certain real property records. See Code Crim. Proc. art. 12.01, ch. 5C, and art. 42.0376; Loc. Gov’t Code §§ 191.010; and Penal Code §§ 31.23, 32.60 See also Clerks. SB 17: Effective 9/1/2025. Adds a new subchapter to Chapter 5, Property Code, related to the purchase or acquisition of real property by certain foreign individuals or entities. Creates a state jail felony offense for the intentional or knowing purchase or other acquisition of an interest in real property in violation of the subchapter added by the bill. Creates a civil action for violations of the subchapter and authorizes the attorney general to bring an action to collect the penalty. See Prop. Code ch. 5, subch. H. SB 20: Effective 9/1/2025. Creates the criminal offense of possession or promotion of obscene visual material appearing to depict a child. See Penal Code § 43.235. 34 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d SB 127: Effective 9/1/2025. Specifies that a felony indictment must be presented no later than four years after the date of the offense for failure to report child abuse or neglect with intent to conceal abuse or neglect, as a licensed or certified professional or employee of a facility who in the normal course of duties has direct contact with children. See Code Crim. Proc. art. 12.01. SB 305: Effective 9/1/2025. Expands the criminal offense of passing certain vehicles on a highway to include vehicles operated by an animal control officer or an officer issuing parking citations for a local authority among those triggering the requirement for a driver to slow down or move over before passing the vehicle. See Transp. Code § 545.157. SB 412: Effective 9/1/2025. Modifies affirmative defense to the crime of sale, distribution, or display of harmful materials to minors and to the crime of sexual performance by a child. See Penal Code §§ 43.24, 43.25. SB 456: Effective 9/1/2025. Increases the penalty for the offense of purchasing or selling human organs. See Penal Code § 48.02. SB 482: Effective 9/1/2025. Enhances the punishment for assaulting or harassing a utility employee or agent working in a disaster or evacuated area. See Penal Code §§ 12.50, 22.01, 38.15, 42.07. SB 535: Effective 9/1/2025. Makes evidence of the victim’s past sexual behavior inadmissible in the trial of certain trafficking, sexual, and assaultive offenses, unless the judge makes certain findings after examining the evidence upon the defendant’s request. Disapproves of Rule 412, Texas Rules of Evidence, under Government Code Section 22.109(b). See Code Crim. Proc. art. 38.372; Gov’t Code § 22.109(b). SB 693: Effective 9/1/2025. Creates a criminal offense of notarization for person not personally appearing. Provides an affirmative defense if the signer presented a fraudulent identification. Requires a notary public to complete continuing education for reappointment. Requires the secretary of state to adopt rules regarding a notary public’s continuing education. See Gov’t Code §§ 406.006, 406.009, 406.0091, 406.011, 406.014, 406.023. SB 745: Effective 9/1/2025. Elevates the offense of intoxication manslaughter from a second-degree felony to a first-degree felony if the defendant causes the death of more than one person during the same criminal transaction. See Penal Code § 49.09. Texas Judicial Council 35 Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d SB 761: Effective 9/1/2025. Requires courts to inquire as to whether the prosecutor conferred with the victim regarding the disposition of the case before accepting a plea of guilty or nolo contendere. Expands crime victims’ rights to include, among other things, the right to timely notice of key court proceedings, including the right to know when a proceeding is cancelled or rescheduled, the right to know that the prosecutor is not the victim’s attorney, the right to assert or have the victim’s guardian or close relative of a deceased victim assert orally or in writing any right granted the victim, and the right to have an advocate or attorney present during a SANE exam or an investigative interview if the victim reports a sexual assault. Defines “consent” for purposes of prosecuting the offense of sexual assault. See Code Crim. Proc. arts. 26.13, 56A.051, 56A.0531, 56A.351, 56A.351, 56A.451, 56A.451, 56A.452, 56A.351, 56A.3515; Penal Code § 22.011. SB 826: Effective 9/1/2025. Elevates the offense of driving while intoxicated from a Class B misdemeanor to a state jail felony if the offense is in a school crossing zone when the reduced speed limit is in effect. See Penal Code § 49.04. SB 836: Effective 9/1/2025. Prohibits, unless the parties and victim provide their express consent, the livestreaming of trials or other court proceedings in which the evidence or testimony will depict or describe acts of a sexual nature. Allows a victim of a sex offense to use a pseudonym during the investigation and prosecution of the offense. Limits the use, availability, dissemination, transmission, and copying of invasive visual recordings and evidence collected during a SANE examination and requires courts to enter a protective order when evidence from the examination or recording is produced to the defense. Prohibits using evidence from a victim’s forensic medical exam to prosecute the victim for a misdemeanor or drug related offense. See Gov’t Code § 21.014; Code Crim. Proc. arts. 38.435, 38.451, 39.152, 39.153, 58.103. SB 955: Effective 9/1/2025. Elevates the offense of trafficking of persons to a first-degree felony if the defendant recruits, entices, or obtains the trafficked person from a correctional facility while the person is confined. Imposes a minimum 25-year sentence on trafficking offenses committed on or about the premises of certain locations, including on or about the premises of a correctional facility. See Penal Code § 20A.02. SB 1020: Effective 9/1/2025. Requires certain persons to notify the magistrate or court when the defendant violates a condition of bond or community supervision related to an electronic monitoring or global positioning device. Clarifies that electronic or global monitoring device information does not fall under the umbrella of “judicial work product.” Grants community supervision and corrections departments the authority to share location information of a violating defendant with law enforcement and prosecuting attorneys. See Code Crim. Proc. arts. 17.431, 17.442, 42A.7515; Gov’t Code §§ 21.013, 76.019. 36 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d SB 1120: Effective 9/1/2025. Expands crime victims’ rights in cases involving “family violence,” a term the bill aligns with specific offenses, to include the right to a disclosure of information regarding any evidence collected or tested during the investigation and prosecution of the offense, and the right to be informed and to confer with the prosecutor about the disposition of the case, a plea bargain agreement, a decision not to prosecute, or the use of a pretrial intervention program, among other rights. Extends the duration of certain protective orders to two years after the final divorce decree, the final order in a suit affecting the parentchild relationship, or the final disposition in a criminal case. See Code Crim. Proc. art. 56A.0521; Fam. Code § 85.025. SB 1212: Effective 9/1/2025. Amends the offense of trafficking of persons as it regards whether the defendant knows the person trafficked is a child or disabled person and increases the penalty for the offense from a second to firstdegree felony. See Penal Code § 20A.02; Code Crim. Proc. art. 38.37. SB 1300: Effective 9/1/2025. Creates indictment and information guidelines and adds language regarding evidence for the offense of organized retail theft. Amends definitions and classification for the offenses of theft and organized retail theft. See Code Crim. Proc. arts. 21.155, 38.51; Penal Code §§ 31.01, 31.08, 31.16. SB 1349: Effective 9/1/2025. Creates a new offense of transnational repression and unauthorized enforcement of foreign law. Creates a transnational repression training program under the Texas Department of Public Safety and directs for a study on the threat of transnational repression. See Penal Code §§ 76.045, 76.046; Gov’t Code § 411.02098. SB 1362: Effective 9/1/2025. Prohibits recognition, service, and enforcement of extreme risk protective orders. Prohibits public adoption or enforcement of extreme risk protective orders unless authorized by state law. Deems certain federal laws regarding extreme risk protective orders unenforceable and prohibits accepting grant funding for their implementation, service, or enforcement. Creates a new state jail felony offense for service, enforcement, or attempted service or enforcement of extreme risk protective orders, except those issued under state law. See Code Crim. Proc. ch. 7C. SB 1379: Effective 9/1/2025. Elevates charges of the offense of forgery and reduces the property value qualified for the first-degree felony offense. See Penal Code § 32.21. Texas Judicial Council 37 Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d SB 1451: Effective 9/1/2025. Elevates the offense of stealing or receiving stolen check or similar sight order to a state jail felony. See Penal Code § 32.24. SB 1537: Effective 5/30/2025. Standardizes the appointment of interpreters in criminal proceedings by requiring courts to make such appointments, including the appointment of a person who is not licensed or certified, in accordance with Government Code Section 57.002. See Code Crim. Proc. art. 38.30. SB 1596: Effective 9/1/2025. Amends the offense of prohibited weapons to remove short-barrel firearms and removes their definition. See Penal Code §§ 46.05, 46.01. SB 1621: Effective 9/1/2025. Expands conduct constituting possession or promotion of child pornography, modifies penalty enhancements connected to the offense and expands the conditions under which penalty enhancements apply, creates a state jail felony offense of possession of computer-generated child pornography, creates a felony-level offense for promotion of computer-generated child pornography, and modifies certain defenses to prosecution for child pornography offenses. See Penal Code §§ 21.16, 43.26, 43.261, 43.262; Code Crim. Proc. arts. 38.45, 39.15. SB 1809: Effective 9/1/2025. Creates an offense of fraudulent use, possession, or tampering with gift card, gift card packaging, or gift card data or redemption information. Sets the offense felony level based on number of gift cards fraudulently used, possessed or tampered with under the statute. See Penal Code § 32.56. SB 1833: Effective 9/1/2025. Creates an offense of use of social media platform for delivery of controlled substance as an enhancement under certain other offenses of the Texas Controlled Substances Act. See Health & Safety Code § 481.142. SB 1896: Effective 9/1/2025. Requires officers, under certain conditions, to provide information necessary for the issuance of a magistrate’s order for emergency protection. See Code Crim. Proc. arts. 14.06, 15.052, 15.17, 17.292. SB 2112: Effective 9/1/2025. Amends penalties regarding cultivated oyster mariculture violations. See Parks & Wild. Code § 75.0107. 38 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Criminal Law and Procedure Cont’d SB 2570: Effective 6/20/2025. Defines use of less-lethal force weapon regarding correctional facility guards and peace officers discharging official duties. See Penal Code § 9.55. SB 2798: Effective 9/1/2025. Modifies the statute of limitations for certain offenses related to fraud. See Code Crim. Proc. art. 12.01. SB 3031: Effective 9/1/2025. Amends when the offense of aggravated assault with a motor vehicle is charged as a first-degree felony. See Penal Code § 22.02. Texas Judicial Council 39 Texas Judiciary Legislative Update 89th Legislature Elections and Lobbying HB 16 (2nd Called Session): Effective dates vary. Modifies the special procedures for contest of constitutional amendment election to provide that the filing of an election contest does not suspend implementation of a constitutional amendment approved by the majority of votes cast. Modifies the timeline when a trial court must issue certain rulings. See also Omnibus. HB 119: Effective 9/1/2025. Requires certain foreign adversary lobbyist registration with the Texas Ethics Commission. Prohibits compensation from foreign adversaries for certain lobbyists and creates a related civil cause of action by the attorney general for violations thereof. See Gov’t Code §§ 305.003, 305.030. HB 521: Effective 9/1/2025. Adds curbside voting parking spaces to the premises where criminal electioneering and loitering are prohibited. Amends requirements for delivery of ballots to voters unable to enter a polling place. Amends requirements on who must complete an attestation form for having assisted a voter. See Elec. Code §§ 61.003, 64.009, 64.0322, 85.036. HB 1661: Effective 9/1/2025. Makes certain changes to balloting processes for elections and creates a new misdemeanor offense regarding intentional failure to provide a required number of ballots. Increases the severity of certain election offenses. See Elec. Code §§ 51.005, 51.008, 51.010, 51.011, 61.007. HB 5115: Effective 9/1/2025. Amends the offense of election fraud from a Class A misdemeanor to a second-degree felony; a state jail felony to a first-degree felony if committed by an elected official; and a Class B misdemeanor to a third-degree felony for an attempt. Repeals Section 276.014, Elections Code, which prohibits counting or reporting invalid votes and refusing to count or report valid votes and transfers the substance of that section to Section 276.013 which lists conduct as election fraud. Repeals enhanced sanctions for repeat offenses, offenses involving persons over 65 years of age, and multiple offenses committed in one election. See Elec. Code §§ 276.013, 276.014. SB 509: Effective 9/1/2025. Requires a court to electronically notify the Office of the Attorney General of a hearing in an action under the Election Code seeking a temporary restraining order as soon as practicable before the hearing. Prevents a court from holding a hearing sooner than one hour after the court provides notice to the attorney general and allows the attorney general to participate remotely in said hearing. See Elec. Code § 273.082. 40 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Emergency and Disaster Management and Response HB 16 (2nd Called Session): Effective dates vary. Requires a local court security committee to make recommendations to local government, including by developing a court emergency management plan. Requires a court security committee to meet periodically and provides that the committee is not a governmental body for open meetings or public information purposes. Requires OCA’s Judicial Security Division to develop a model court emergency management plan. See also Omnibus. HB 4995: Effective 9/1/2025. Provides for the certification as a tactical medical professional of physicians and emergency medical personnel who are licensed to carry handguns and are employed or appointed by a law enforcement agency to provide medical services to victims, officers, and other persons in direct support to a tactical unit responding to a high-risk incident. Requires the director of the Department of Public Safety and the Texas Commission on Law Enforcement to develop minimum standards for initial and continuing education in handgun instruction for tactical medical professionals to obtain and maintain certification. Immunizes governmental units from civil liability arising from the discharge of a handgun by tactical medical professionals. Provides tactical medical professionals a defense to prosecution for offenses relating to possession of weapons and for trespass with a concealed or openly carried handgun, if they are discharging their duties while carrying a handgun. See Civ. Prac. & Rem. Code § 112.001; Gov’t Code ch. 411; Penal Code §§ 30.06, 30.07, 46.15. Texas Judicial Council 41 Texas Judiciary Legislative Update 89th Legislature Expunctions and Nondisclosures HB 16 (2nd Called Session): Effective dates vary. Modifies various fees charged for certain filings. Outlines fees in expunction proceedings. See also Omnibus. SB 835: Effective 9/1/2025. Makes a nondisclosure and confidentiality agreement void and unenforceable if it prohibits or limits a person’s ability to disclose an act of sexual abuse. See Civ. Prac. & Rem. Code ch. 129C. SB 958: Effective 9/1/2025. Expands the list of offenses eligible for which a victim of human trafficking or compelling prostitution may receive an order of nondisclosure to include a prostitution offense and certain misdemeanor drug, criminal trespass, theft, forgery of a government document and public intoxication offenses. See Gov’t Code § 411.0728. SB 1667: Effective 6/20/2025. Requires defendants to submit an ex parte petition to obtain an expunction order upon successful completion of a veterans treatment program or a mental health court program. Imposes limits on a petition for an expunction. Requires district clerks to compile and maintain on their respective website a list of agencies, along with the e-mail address of each agency, that must be included in the petition for an expunction. Requires courts to wait a minimum of 30 days before setting a hearing for an expunction petition. Repeals provisions requiring clerks to send a copy of the expunction petition and notice of hearing to the Texas Office of Court Administration of the Texas Judicial Branch. Requires state agencies to accept an electronic copy of the expunction petition and notice of hearing and prohibits clerks from assessing a fee to send the documents electronically. Authorizes a fee to send the petition and notice of hearing to an agency unable to receive an electronic copy of the documents. Authorizes the retention of certain mental health information, even if that information is subject to an expunction order. Repeals provisions requiring destruction of the expunction order itself by allowing clerks to keep the order but limiting its release to the petitioner only. Repeals other fees and costs associated with an ex parte petition for an expunction. See Code Crim. Proc. arts. 55A.203, 55A.253, 55A.254, 55A.256, 55A.3025, 55A.351, 55A.356. 42 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Family Law HB 116: Effective 9/1/2025. Amends the conditions under which parental rights can be involuntarily terminated. See Fam. Code §§ 154.001, 161.001. HB 1151: Effective 9/1/2025. Adds to the specific enumerated grounds that are insufficient to support termination of the parentchild relationship, a finding of neglect, or removal of a child from the custody of a parent. Adds that evidence of a parent’s refusal to administer psychotropic medication to the child or to consent to any other psychiatric or psychological treatment does not constitute clear and convincing evidence to support termination of the parent-child relationship, a finding of neglect, or removal of the child from the custody of a parent, unless the refusal posed a substantial risk of harm. Adds that a parent’s choice of an alternative health care treatment does not constitute evidence sufficient to support termination of the parent-child relationship, a finding of neglect, or removal of the child from the custody of the parent, unless such choice posed a substantial risk of harm. See Fam. Code §§ 161.001, 261.001, 262.116. HB 1734: Effective 9/1/2025. Amends which documents a court clerk transferring a proceeding is directed to send. See Fam. Code § 155.207. HB 1916: Effective 9/1/2025. Clarifies that jurisdiction regarding certain property remains with the court that rendered a final decree of divorce or annulment. See Fam. Code § 9.201. HB 1973: Effective 9/1/2025. Amends the required documents to be submitted to a court with a petition for suit affecting the parentchild relationship. See Fam. Code § 102.008. HB 2240: Effective 6/20/2025. Amends the grounds to void a marriage by declaration of existence of prior marriage. See Fam. Code §§ 6.202, 9.401. HB 2340: Effective 9/1/2025. Adds definitions, by reference, to the minimum qualifications or a child custody evaluator. Adds certain requirements to the minimum qualifications or a child custody evaluator. Modifies communications and recordkeeping requirements of child custody evaluators. See Fam. Code §§ 107.104, 107.112. Texas Judicial Council 43 Texas Judiciary Legislative Update 89th Legislature Family Law Cont’d HB 2350: Effective 9/1/2025. Amends the list of those with general standing to file a suit affecting the parent-child relationship. Amends standing for certain relatives, standing to request termination and adoption, and limitations on standing under the same chapter. See Fam. Code §§ 102.003, 102.0035, 102.004, 102.005, 102.006. HB 2495: Effective 9/1/2025. Amends various sections of the Education Code and Family Code as to a parent’s general rights as regards their child and the specific right to designate the school they will attend. See Educ. Code § 26.002; Fam. Code §§ 31.006, 151.001, 153.132, 153.371. HB 2530: Effective 9/1/2025. Various changes regarding attorneys ad litem, amicus attorneys, and adoption evaluators regarding court-ordered representation in suits affecting the parent-child relationship. See Fam. Code §§ 107.001, 107.003, 107.009, 107.024, 107.0245, 107.025, 107.0255, 107.026, 107.0265, 107.027, 107.0275. HB 3180: Effective 9/1/2025. Corrects a scrivener’s error regarding the contents of a request for disclosure in a civil action brought under the Family Code. See Fam. Code § 301.052. HB 3181: Effective 9/1/2025. Relates to the enforcement of a court order for possession of or access to a child and related modification orders. See Fam. Code §§ 156.107, 157.165-.168. HB 3783: Effective 6/20/2025. Prohibits a family court from ordering any form of counseling in which the person conducting the counseling requires the isolation of the child, including by prohibiting or preventing the child from contacting a parent or other family member; a child to stay overnight or for multiple days in an outof-state location or other location; the transportation of the child by force, threats or coercion; the temporary or permanent change in the periods of possession of or access to the child; or the use of force, threats of force, coercion, or verbal abuse against a child. Requires a mental health professional providing counseling to have training in the dynamics of family violence and requires the court to consider the history of domestic violence or sexual abuse in determining whether to order family counseling. Prohibits the court from ordering any victim to participate in any counseling with the offending party. See Fam. Code § 153.010. SB 1141: Effective 9/1/2025. Requires the court to verify in writing and in open court that the Department of Family and Protective Services provided the parent or alleged perpetrator with certain required notices before the court conducts the adversary hearing in a suit affecting the parent-child relationship. See Fam. Code § 262.2011. 44 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Family Law Cont’d SB 1398: Effective 9/1/2025. Amends various sections of the Family Code as to oversight over community-based care and the services community-based care can provide. Addresses residential placement of foster children. See Fam. Code chs. 262, 263, 264; Hum. Res. Code § 40.0583. SB 1404: Effective 9/1/2025. Requires that a party provide an email address to the court for certain suits affecting the parent-child relationship. Permits a court clerk to send orders, notices, and other documents relating to final orders by email. Amends the award of attorney’s fee or expenses for certain suits affecting the parent-child relationship. See Fam. Code §§ 105.006, 106.002, 157.167. SB 1559: Effective 9/1/2025. Provides that a protective order issued to protect a person from family violence prevails over other orders rendered in a suit for dissolution of a marriage or a suit affecting the parent-child relationship and is subject to transfer. Requires each protective order to include a prominent statement that it prevails over other orders. Requires a court, on the motion of a party or on the court’s motion, to transfer a protective order to the court with jurisdiction over a suit for dissolution of a marriage or a suit affecting a parent-child relationship, if the transferring court finds the transfer will not negatively impact the safety of a person protected by the order. Requires service of a motion to transfer on all parties, an opportunity to respond, and a hearing on the motion. Provides each person who is protected by the order an opportunity to submit a statement on the impact of the transfer on their safety. Requires courts to consider the impact statement when determining whether to order the transfer. Requires each transfer order to include a finding that the transfer will not adversely affect the safety of a person protected by the order. Repeals inconsistent provisions. See Fam. Code §§ 81.012, 83.005, 85.026, 85.064. SB 1923: Effective 9/1/2025. Changes certain criteria for the modification of child support and related notices. See Fam. Code § 156.409. SB 2052: Effective 9/1/2025. Creates a required affidavit for standing of nonparent filing or intervening in certain suits affecting the parent-child relationship. Creates a rebuttable presumption in a suit between a parent and a nonparent. Creates certain additional requirements in suits for modification between a parent and nonparent. See Fam. Code §§ 102.0031, 153.002, 156.008. SB 2165: Effective 9/1/2025. Amends review of placement of children under care of the Department of Family and Protective Services (DFPS) and requirements for permanency hearings after final orders. See Fam. Code § 263.4012, 263.501. Texas Judicial Council 45 Texas Judiciary Legislative Update 89th Legislature Government Entity or Political Subdivision HB 16 (2nd Called Session): Effective dates vary. Modifies the immunity of Special Prosecution Unit and makes the Attorney General responsible for representing the Unit if certain criteria are met. See also Omnibus. HB 127: Effective 9/1/2025. Creates a Higher Education Research Security Council. Prohibits institutes of higher education and their employees from accepting certain gifts from foreign adversaries. Prohibits academic partnerships with certain foreign adversaries. Prohibits student organizations from accepting gifts from foreign adversaries or receiving financial support under contracts or agreements with foreign adversaries. Requires institutes of higher education to screen certain researchers and provides screening guidelines. Requires institutes of higher education to establish research security offices. Requires institutes of higher education to establish international travel approval and monitoring programs. Establishes new recordkeeping requirements. Amends the criminal penalty for the offense of theft of trade secrets. See Educ. Code § 51.957; Educ. Code ch. 51B; Penal Code § 31.05. HB 1922: Effective 9/1/2025. Amends the date a cause of action accrues regarding certain construction liability claims. See Gov’t Code § 2272.010. HB 4310: Effective 9/1/2025. Grants members of governing boards of governmental bodies a special right of access to public information held by the governmental body over which they preside and extends this right to certain nongovernmental entities which contract with the governing body. Allows the governmental body or nongovernmental entity to require the board member to sign a confidentiality agreement to protect confidential information disclosed to them. Allows the board member to seek an opinion from the attorney general regarding the confidentiality of the requested information. See Gov’t Code ch. 552, subch. K. HB 5196: Effective 9/1/2025. Allows administrative heads of agencies in the executive and judicial departments of state government to enter into written annual agreements with employees authorizing telework to address a lack of available office space or provide reasonable flexibility that enhances the agency’s ability to achieve its mission. Requires agencies that allow employees to telework to develop a plan that addresses the agency’s telework policies and procedures. Provides guidance on required telework plan inclusions. Prohibits telework as a condition of employment. Prohibits a teleworking employee from conducting in-person business at their personal residence. Requires agencies to post telework plans on their websites. See Gov’t Code §§ 658.001, 658.010, 658.011, 658.012. 46 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Government Entity or Political Subdivision Cont’d HB 5560: Effective 9/1/2025. Authorizes groundwater conservation districts to set civil penalties for rule violations. Increases the maximum amount of the civil penalty from $10,000 to $25,000 per day per violation. Specifies mitigating and exacerbating circumstances courts are to consider in determining the appropriate civil penalties. Allows for the imposition of a larger civil penalty in excess of the statutory maximum as necessary to eliminate any financial benefit derived from a violation. Allows a court to defer up to 50 percent of the civil penalty, conditioned upon compliance with terms requiring corrective action to address the violation. Allows courts to authorize water and sewer utilities to recover civil penalties assessed against the utility from any of their customers or class of customers, if those customers caused the utility to violate a rule. See Water Code §§ 36.102, 36.1021, 36.1022. SB 304: Effective 9/1/2025. Allows a city to enact an ordinance permitting a municipal court to enforce health and safety and nuisance abatement ordinances. See Gov’t Code § 29.003. SB 1579: Effective 9/1/2025. Creates a process by which certain municipalities may administratively determine that an undeveloped parcel of land is abandoned and unoccupied and to take further action by allowing an aggrieved landowner to seek judicial review of a resolution adopted by the municipality and requires the municipality to bring a civil action to have certain undeveloped land into receivership. See Loc. Gov’t Code ch. 212. SB 1666: Effective 9/1/2025. Requires the Department of Criminal Justice to transfer to the clerk of the court that entered an order of restitution a restitution payment derived from unclaimed property for which a claim was filed. Shortens the number of years after which restitution payments are considered abandoned. See Gov’t Code §§ 493.035, 508.322. Texas Judicial Council 47 Texas Judiciary Legislative Update 89th Legislature Guardianship and Mental Health HB 16 (2nd Called Session): Effective dates vary. Revises criteria and procedures for court-ordered temporary and extended inpatient mental health services. See also Omnibus. HB 3376: Effective 9/1/2025. Requires certain guardians to complete training on Alzheimer’s disease, dementia, and related disorders. See Gov’t Code §§ 153.203, 155.204. SB 53: Effective 9/1/2025. Amends various provisions of the Texas Mental Health Code related to filings and notice in court proceedings involving persons with mental illness. See Health & Safety Code §§ 571.013, 571.014. SB 387: Effective 9/1/2025. Increases the bond to $500,000 for judges of county courts and statutory county courts who preside over certain guardianship and probate proceedings. See Gov’t Code §§ 25.0006, 26.001. SB 746: Effective 9/1/2025. Prohibits persons with an adverse interest to a ward from initiating or contesting guardianship or from requesting or contesting the removal of a guardian. Authorizes the judge to appoint a guardian ad litem to represent the interests of a proposed ward in a guardianship proceeding. Requires the court to enter an order approving or disapproving the guardian’s annual account or report and imposes a resubmission deadline of no more than 30 days if the court disapproves the account or report. See Est. Code §§ 1002.013, 1054.051, 1054.054, 1054.056, 1055.001, 1163.051, 1163.051, 1163.104, 1163.104. SB 1164: Effective 9/1/2025. Streamlines the emergency detention process for individuals with a suspected mental illness by requiring first responders to complete a standardized, detailed emergency detention notification form, outlined in the bill, and by prohibiting treatment facilities from requiring any additional form. Expands the criteria under which a court may order inpatient or extended mental health services based on a substantial risk of serious harm to oneself or others to include persons exhibiting signs of severe emotional distress and mental deterioration and persons evidencing an inability to recognize the need for treatment or to appreciate the risks and benefits of treatment. Allows a county or district attorney to file an application for court-ordered mental health services in the county where the person is apprehended or located at the time the application is filed. Repeals provisions that required demonstrating a “substantial risk of serious harm” in a certain way and that required a necessity for immediate restraint before the court could order mental health services. See Health & Safety Code §§ 573.001, 573.002, 573.003, 573.012, 573.022, 574.001, 574.011, 574.034, 574.035, 574.064. 48 Texas Judicial Council Texas Judiciary Legislative Update 89th Legislature Indigent Defense HB 1445: Effective 9/1/2025. Permits the director of a managed assigned counsel program to designate another individual to act regarding expenses for appointed counsel on criminal proceedings. See Code Crim. Proc. art. 26.05. Texas Judicial Council 49 Texas Judiciary Legislative Update 89th Legislature Judicial Compensation HB 16 (2nd Called Session): Effective dates vary. Revises compensation provisions applicable to assigned judges. Increases assigned judge compensation to that of a district judge with comparable years of service as the retired judge or justice on the retired judge or justice’s last day of service in judicial office. Allows a former or retired judge or justice assigned as a judicial mentor to be compensated. Allows a statutory county court judge to count their years of service as a full-time district court, multicounty statutory county court, or statutory probate court associate judge. See also Omnibus. HB 2529: Effective 9/1/2025. Amends the salary supplement from the state for certain county judges. See Gov’t Code § 26.006. SB 293: Effective date varies. Adds persistent or willful violation of the rules for setting bail under Article 17.15 of the Code of Criminal Procedure and failure to meet deadlines, performance measures, or clearance rate requirements set by statute, administrative rule or binding court order to the definition of willful or persistent misconduct for the purposes of Section 1-a, Article V, Texas Constitution. Allows the State Commission on Judicial Conduct (SCJC) to impose an administrative penalty for knowingly filing a false complaint. Requires SCJC to conduct certain preliminary investigations and draft recommendations for commission action as soon as practicable after a complaint has been filed. Shortens the timeframes for investigating and disposing of complaints and allows SCJC to grant an additional extension for disposing of complaints under certain circumstances. Sets a statute of limitations unless SCJC determines good cause exists for investigating the complaint. Adds substance abuse as a cause of judicial incapacity. Revises the process for disposing of complaints alleging judicial incapacity. Directs the Office of Court Administration (OCA) to establish a judicial directory for use by SCJC to provide notices to judges. Requires the reporting of certain judicial transparency information by district judges and requires OCA to provide administrative support for the collection and dissemination of this information. Requires OCA to prepare and submit a report compiling the information to certain offices. Increases the annual base salary of a district judge from $140,000 to $175,000. Increase state salary supplements tied to the base pay of a district judge for a chief justice or presiding judge of an appellate court, a business court judge who serves as administrative presiding judge [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Atx%3Aac37447a68953896. Public record. Not legal advice.