At the beginning of the 88th Legislative Session in January, TCJL published a Statement of Conservative Business Principles, together with a graphic matrix illustrating our methodology for evaluating legislative proposals. What follows is a list of proposals for which we performed and published an analysis identifying one or more conflicts with our Statement of Principles. You will see that following each summary we have indicated the offending aspect of the proposal. This list is confined to bills that did not pass.
New Causes of Action
HB 319: Allows a person to decline to participate in a health care service for reasons of conscience. Exempts emergency care or, except as otherwise by Chapter 166, Health and Safety Code, life-sustaining treatment. Grants immunity from civil or criminal liability for a physician or health care provider who declines to participate in a health care service wholly or partly for reasons of conscience. Prohibits a person from taking adverse action against another person because the person declines to participate in a health care service for reasons of conscience, including licensure, certification, employment, staff appointments or privileges, and various other actions. Requires a health care facility to develop a written protocol for circumstances in which a person declines to participate in providing a health care service. Bars the protocol from requiring a health care facility, physician, or health care provider to counsel or refer a patient to another physician or facility. Establishes a complaint process at the appropriate licensing agency. Creates a private cause of action for injunctive relief, actual damages for “psychological, emotional, and physical injuries resulting from a violation of this law,” court costs, and attorney’s fees. Never received a hearing
Creates a private cause of action for money damages, injunctive relief, court costs, and attorney’s fees. Imposes new liability on physicians, hospitals, and health care providers.
HB 645: Bars a financial institution or business from using value-based criteria to discriminate against, advocate for, or give disparate treatment to a person, including the person’s social media activities, membership or participation in a group or organization, political affiliation or beliefs, current or former employer, or any other social credit, environmental, social governance, or similar value-based standards. Notwithstanding the above, allows a financial institution or business to uses value-based criteria if it discloses the criteria to a potential customer. Creates a no-injury cause of action against a financial institution or business and imposes liability for injunctive relief, $100,000 in statutory damages, and costs and attorney’s fees. Never received a hearing
Creates a no-injury cause of action for statutory penalties, injunctive relief, costs, and attorney’s fees. Interferes with a private business’s right to direct its own affairs.
HB 709: Prohibits a financial institution or other lender from discriminating against the customer in the price or rate for making a loan or extension of credit by basing the price or rate, wholly or partly, on a credit score, including a social credit score or an environmental, social, or governance score that is derived from “subjective or arbitrary” standards, including the customer’s social media posts, participation in the membership of an organization, political affiliation, or employer. Permits a lender to use a credit score if the lender discloses it and the customer agrees to it. Contains an exception for discontinuation or refusal of credit if it is necessary for the physical safety of employees. Imposes a civil penalty of $50,000 for the first violation and $250,000 for each subsequent violation, along with costs and attorney’s fees. Enforceable by the attorney general. Never received a hearing
Attorney general enforcement. Imposes statutory penalties and mandatory costs and attorney’s fees. Interferes with a private business’s right to direct its own affairs.
HB 896 by Patterson: Adds Subchapter C-1, Chapter 120, Business and Commerce Code, to prohibit a person aged 13 to 18 from using a social media platform. Requires social media providers to verify that accounts are held by persons older than 18 and to remove an account if requested by a parent. Makes violations of the subchapter a DTPA violation and authorizes the AG consumer protection division to bring enforcement actions. Never received a hearing
Attorney general enforcement. Imposes statutory penalties and mandatory costs and attorney’s fees.
HB 925: Creates a no-injury private cause of action in which any person may sue any other person for the manufacture, sale, transportation, distribution, importation, loan, or transfer of certain firearms and precursor parts. Applies both to direct violators and those who aid and abet a violation. Provides for equitable relief, statutory damages of $10,000 for each violation, and attorney’s fees and costs. Bars the award of attorney’s fees and costs to a defendant. Denies standing to a defendant from asserting the right of another to bear arms under the Second Amendment as a defense to liability. (Follows SB 8 to the letter.) Never received a hearing
Creates a no-injury cause of action for statutory penalties, injunctive relief, costs, and attorney’s fees against a direct violator and one who aids and abets a violation. Bars certain defenses, including exercise of a constitutional right.
HB 982: Mandates a contract between a governmental entity and an entity (except a sole proprietorship) with 10 or more full-time employees with a value of $100,000 or more payable wholly or partly from public funds to require the contractor to verify in writing that it does not and will not during the term of the contract use prohibited ESG criteria to evaluate a business or investment strategy. Defines “prohibited ESG criteria” as environmental, social, and governance criteria that “furthers political policy at the expense of the Texas economy and company shareholders.” Never received a hearing
Interferes with a business’s right to conduct its own affairs. Imposes a vague and potentially unconstitutional standard of liability on a business.
HB 1936/SB 417 by Paxton: Adds Chapter 121, Business and Commerce Code, to impose civil liability on the manufacturer of an electronic device (smartphone or tablet) that is activated in this state, does not automatically enable a filter to prevent a minor from accessing sexually explicit material, and a minor user accesses such information. Requires the filter to “reasonably prevent a user of the electronic device from circumventing, modifying, removing, or uninstalling the filter without entering a password or access code. Creates a defense if the manufacturer makes a “good faith effort” to manufacture the device that automatically enables the filter. Authorizes the attorney general to collect a $30,000 per violation civil penalty. Authorizes a parent or guardian to bring an action against a manufacturer for $10,000 in damages, costs, and attorney’s fees. HB 1936 Never received a hearing | SB 417 died in House Youth Health and Safety
Attorney general enforcement. Imposes statutory penalties. Creates a private right of action against a business for statutory damages, costs, and attorney’s fees. Imposes broad, ill-defined duties on businesses.
HB 2068 by Paul (R-Houston): Mandates that a public investment fund or investment advisor for a fund to “act solely in the pecuniary interest of the system’s participants and beneficiaries” (i.e., no ESG). Gives the attorney general investigatory and subpoena power. Eliminates the current law standard that requires a determination of whether the board of trustees of the fund have exercised prudence in an investment decision to be made by considering the investment of all the assets of the trust rather than the prudence of a single investment. Never received a hearing
Imposes broad and vague duties on public investment funds and investment advisors. Gives attorney general broad powers.
HB 2155: Makes a social media platform liable for actual damages and $1,000 in punitive damages to a user who receives user-generated content through a social media algorithm while the user is a minor if the operator knew or had reason to know that the user was a minor. Never received a hearing
Creates new cause of action against business for actual and punitive damages.
HB 2437: Adds §§ 7.0521 and 7.052, Water Code, to authorize TCEQ to increase the amount of a penalty if the alleged violator has a history or previously violations. Beginning in 2025, requires the TCEQ to index penalty amounts by the inflation rate. Authorizes TCEQ to triple the amount of a penalty if a first responder unaffiliated with the facility is injured as a result of exposure to hazardous material while responding to an incident at the facility. Never received a hearing
Increases administrative penalties against businesses.
HB 2955/HB 2117/SB 1971: Adds Chapter 108A. CPRC, to create a cause of action against a judge or magistrate for damages arising from an offense committed while the perpetrator was released on personal bond if the offense for which the person was released on bond is an offense involving violence and the judge or magistrate released the defendant in violation of Art. 17.03(b-2), Code of Criminal Procedure. Caps the amount of damages at $10 million and does not permit the judge or magistrate to assert judicial or other immunity. HB 2955 and SB 1971 Never received a hearing | HB 2117 failed to receive affirmative vote in House Judiciary and Civil Jurisprudence
Creates a cause of action with statutory damages against judges. Interferes with the independence of the judiciary. Violates separation of powers.
HB 3030 by Johnson: Makes an employer liable in a civil action for personal injury, death, or any other damages caused by an employee whose job duties require or may require entering into a person’s residence if the employer failed to verify the employee’s employment history before hiring and the damages occurred in connection with the employee entering the residence of a person in the course of employment. Never received a hearing
Creates an expansive new cause of action against business.
HB 3036/HB 5245: Prohibits a financial institution from discriminating against lawful firearms and ammunition industry companies or businesses based solely on the company’s engagement in the constitutionally protected commerce subject matter of firearm or ammunition. Authorizes the banking commissioner to enforce this provision by administrative penalties or de-charter. Never received a hearing
Interferes with the right of a private business to conduct its own affairs. Exposes businesses to administrative penalties and potential loss of right to do business.
HB 3164: Bars DEI at institutions of higher education. Creates a cause of action by an aggrieved student or faculty member against the institution for injunctive relief, costs, and attorney’s fees. Waives sovereign immunity. Never received a hearing
Creates new cause of action at the expense of taxpayers and students who pay tuition.
HB 3357: Adds Chapter 98C, CPRC, to impose civil liability against a defendant who engages in obscenity or knowingly or intentionally benefits from obscenity. Applies to information content providers and shareholders and members of business entities. Limits defenses. Authorizes recovery of actual damages, including mental anguish, costs, and attorney’s fees. Authorizes recovery of punitive damages. Imposes joint and several liability. Died on General State Calendar 5/11
Rolls back prior tort reforms. Creates a new cause of action. Makes corporate shareholders jointly and severally liable.
HB 3533: Amends § 16.0046, CPRC, to eliminate the limitations period for suits for personal injury arising from certain offenses against a child. Never received a hearing
Creates due process concerns by eliminating limitations.
HB 3570/HB 3585/SB 2164: Creates a cause of action against a commercial entity that knowingly or intentionally publishes or distributes material on an Internet website, including a social media platform, more than one-third of which is sexual material harmful to minors, and that fails to verify that the user is 18 or older for damages to a parent or guardian of the minor, including court costs and attorney’s fees. Creates a cause of action against a commercial entity for knowingly retaining identifying information of an individual after access has been granted. Establishes verification methods required of commercial entities or third party that performs verification for the entity. HB 3570 died on House General State Calendar 5/11 | HB 3585 and SB 2164 never received a hearing
Creates expansive new cause of action against businesses, with costs and attorney’s fees.
HB 3750 by Cain/HB 3752 /SB 2510: Amends § 143A.007, CPRC, to make a social media platform liable for up to $30,000 in statutory damages in a suit by a user based on censorship. Provides that caps on punitive damages do not apply. HB 3752 postponed to after session following a point of order 5/10 | HB 3570 and SB 2510 Never received a hearing
Creates new cause of action against business. Rolls back prior tort reforms.
HB 4378: Adds Chapter 100B, CPRC, to create a cause of action by an individual who attends a drag performance as a minor against a person who knowingly promotes, conducts, or participates as a performer if the performance violates the prevailing standard in the adult community for content suitable for minors and he person fails to take reasonable steps to restrict access to the performance by minors. Allows recovery of actual damages for psychological, emotional, economic, and physical harm, attorney’s fees and costs, and statutory damages of $5,000. Bars defending the claim on the basis that the minor’s parent or guardian accompanied the minor. Never received a hearing
Creates a cause of action against business for actual damages, statutory damages, costs, and attorney’s fees. Limits defenses.
HB 4601: Amends § 16.0045, CPRC, to require a person to bring suit for personal injury against a non-perpetrator of a sexual offense against a child not later than 15 years after the cause of action accrues if the injury arises as a result of conduct that violates various Penal Code provisions and the person against whom the suit is filed had a safe environment program at the time the injury occurred. Requires clean and convincing evidence in an action against a non-perpetrator. Never received a hearing
Creates a new cause of action against businesses. Raises due process concerns by extending limitations.
HB 4786: Amends § 85.0531, Natural Resources Code, to raise the amount of the administrative penalty from $10,000 to $25,000 per day. Requires the RRC to provide an opportunity for public input on administrative penalty guidelines. Requires the guidelines to provide for different penalties for different violations based on the seriousness of the violation and any hazard to the health and safety of the public. Requires the commission to consider additional factors in assessing a penalty. Conforms other statutes to the $25,000 penalty. Never received a hearing
Increases administrative penalties against businesses.
HB 4876: Amends § 71.009, CPRC, to provide that when a death is caused by an unlawful abortion, the plaintiff shall be entitled to recover exemplary damages of not less than $5 million from each defendant that acted with the intent of causing or facilitating the death of an unborn child. Adds various sections of Chapter 71, CPRC, to provide that if an unlawful abortion involves the use of mifepristone and the plaintiff is unable to identity the manufacturer, liability shall be apportioned to each manufacturer’s share of the market for mifepristone; limits defenses to a death claim for an unlawful abortion; establishes a 10-year limitations period for death cases for an unlawful abortion; provides that death cases for an unlawful abortion are exempt from the TCPA and Texas Tort Claims Act; bars a court from declaring this law unconstitutional; makes judges liable to a claimant for injunctive relief, compensatory damages, punitive damages of at least $100,000, and costs and reasonable attorney’s fees.
Rolls back prior tort reforms. Creates new cause of action against businesses. Extends limitations. Waives sovereign immunity. Limits defenses. Violates separation of powers.
HB 5214: Authorizes the attorney general to bring a civil action against a person on behalf of an individual or entity for injury to that individual or entity’s business or property caused, directly or indirectly, by the person’s violation of § 15.05 (Texas Free Enterprise and Antitrust Act). Authorizes recovery of actual damages, interest, costs, attorney’s fees, expert witness fees. Authorizes treble damages and attorney’s fees for willful or flagrant conduct. Never received a hearing
Expands antitrust enforcement authority against businesses. Creates cause of action against businesses for actual damages, interest, costs, attorney’s fees, expert witness fees. Authorizes treble damages.
HJR 166: Amends § 26, Art. XVI, Texas Constitution to extend the right of recovery of exemplary damages for homicide to the deceased person’s estate. Died in Senate State Affairs 5/5
Expands a cause of action against businesses.
SB 1446: Bars investment agents for public funds from using ESG factors in investment decisions. Limits decisions to “financial factors.” Bars a public entity from retaining an investment agency with a history of taking ESG factors into account. Gives the attorney general enforcement power against trustees. Died on House General State Calendar
Expands enforcement authority of attorney general against private citizens. Creates liability based on vague, unenforceable standards.
SB 1711: Creates a cause action by a person or student organization against an institution of higher education alleging a violation of expressive rights for injunctive relief and compensatory damages, costs, and attorney’s fees. Establishes a one-year limitations period. Waives sovereign immunity. Died in Senate Higher Education
Creates a cause of action against a public entity at the expense of taxpayers and students who pay tuition. Mandatory damages, costs, and attorney’s fees.
SB 1879/HB 5003 by Cain: Prohibits a governmental officer, including a judge, from enforcing the First Amendment establishment clause or separation of church and state doctrine against any person other than the federal government. Creates a cause of action against a governmental officer or employee for injunctive relief, costs, and attorney’s fees. Makes an attorney jointly and severally liable for attorney’s fees for asserting a First Amendment claim. Bars choice-of-law provisions. Makes judges liable for compensatory and punitive damages of $100,000 or more for ruling against this law. Never received a hearing
Violates separation of powers. Interferes with the independence of the courts. Creates a new cause of action against public employees at taxpayer expense. Rolls back tort reforms. Establishes statutory punitive damages.
PANDEMIC LIABILITY/EMERGENCY POWERS
HB 81/SB 177 by Middleton: Prohibits a person from compelling or coercing an individual lawfully residing in the state into obtaining a COVID-19 vaccination contrary to the individual’s vaccination preference. Requires a health care provider to obtain an informed consent for a COVID vaccine. Prohibits a person from taking an adverse action based on the person’s refusal to obtain a COVID vaccine. Provides that a health care provider who advises or recommends the administration of a COVID vaccine is not considered to have compelled or coerced into obtaining a vaccine. Exempts an employee or trainee in a health care facility from taking a required vaccine if the individual requests the exemption based on a sincerely held religious belief or recognized health condition. Authorizes the attorney general to obtain injunctive relief against a person to prevent a violation of this act. Imposes civil liability against a health care provider of $5,000 and allows recovery of all costs and reasonable attorney’s fees. Allows a health care provider to assert an affirmative defense that the individual or an individual legally authorized to consent to the vaccine voluntarily provided informed consent. SB 177 died on House General State Calendar | HB 81 cmte report sent to Calendars 4/28
Creates new cause of action against health care providers with statutory damages, costs, and attorney’s fees. Interferes with the employer-employee relationship. Expands enforcement authority of attorney general.
HB 119: Amends Chapter 418, Government Code, to confer standing on a person to challenge in court a provision of a governor’s or local entity’s order relating to a declared emergency, if the provision is alleged to cause injury to the person or violate the person’s federal or state constitutional or statutory rights. Requires the governor or entity to show that the order mitigates the threat to public health and is the least restrictive means of mitigating the threat. Does not appear to require the person bringing the action to prove an injury or a burden. Never received a hearing
Confers standing to sue without proof of injury.
HB 138: Prohibits an employer from taking an adverse employment action or discriminating against an employee based on the nondisclosure by the employee of personal health information. Imposes a civil penalty of $50,000 on an employer for a violation, enforceable by the attorney general. Never received a hearing
Interferes with employer-employee relationship. Imposes civil penalties enforceable by the attorney general.
HB 1032: Adds Subchapter N, Insurance Code, to prohibit a group health benefit plan issuer or a life insurance company from using an individual’s COVID-19 vaccination status to discriminate against the individual in providing coverage. Purports to preempt any other law. Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against a person who has not received a COVID-19 vaccination. Immunizes an employer from suit arising from a failure to mandate a COVID-19 vaccine. Prohibits an elementary or secondary school or institution of higher education from discriminating against a student who has not received a COVID vaccination. Blocks HHSC from adding COVID-19 to the list of mandatory vaccinations. Never received a hearing
Interferes with the employer-employee relationship. Creates a new cause of action against employers.
SB 308: Prohibits a person from discriminating against or refusing to provide a public accommodation based on the person’s COVID-19 vaccination history or immunity status for a communicable disease. Enforceable by the attorney general in a suit for equitable relief. Prohibits such discrimination by a long-term care facility, health care provider, health care facility. Punishes violations by defunding, disciplinary action, and administrative penalties. Prohibits a health benefit plan from discriminating against an individual based on COVID vaccination status. Prohibits a health benefit plan from using an individual’s vaccination status in rating. Prohibits a health benefit plan from discriminating against a provider based on the COVID vaccination status of the provider’s patients. Prohibits an employer from discriminating against an individual based on COVID vaccination status. Prohibits a licensing agency from discriminating against a licenseholder or applicant based on COVID vaccination status. Prohibits an educational institution, hospital, or health care facility from requiring as a condition of employment to be vaccinated for COVID or to participate in vaccine administration. Creates a private right of action for equitable relief, reinstatement, back pay, and interest. Prohibits TXDOT from discriminating against a driver’s license applicant based on COVID vaccination status. Abolishes vaccination requirements for schools and institutions of higher education. Eliminates emergency authorization for a physician to administer a COVID vaccination. Bars disciplinary action against child care providers or foster parents for declining to immunize a child for COVID. Bars the state or a local government from requiring COVID vaccines. Bars a health care provider from disclosing a person’s COVID vaccination history. Never received a hearing
Interferes with the employer-employee relationship. Interferes with the right of a private business to conduct its own affairs. Creates new causes of action against businesses and health care providers.
SB 1024: Bars schools and universities from requiring COVID vaccines. Requires adverse event reporting for vaccine reactions. Bars political subdivisions from requiring COVID vaccinations. Bars a governmental entity or private entity that accepts state money from requiring facemasks. Imposes a civil penalty of $2,000 per day and waives sovereign immunity. Bars a health care facility from refusing services to an individual based on vaccination status or post-transmission recovery of a communicable disease. Bars an employer from discriminating against an employee or applicant for failure to receive a COVID vaccination. Died in Senate State Affairs
Creates new causes of action against governmental entities at taxpayer expense. Imposes liability on businesses and health care providers. Interferes with the employer-employee relationship.
DOBBS/SB 8/OBERGEFELL/LGBTQ
HB 787: Amends Chapters 1, 101, and 301, Tax Code, to bar a business that assists an employee to obtain an abortion, including paying all or part of the costs associated with the procedure or traveling to the location of the service, from receiving a state or local tax incentive. Defines “tax incentive” as an “abatement, credit, discount, exclusion, exemption, limitation on appraised value, refund, special valuation, special accounting treatment, special appraisal method or provision, special rate, or special method of reporting authorized by state law or the state constitution.” Never received a hearing
Interferes with the employer-employee relationship. Interferes with the right of a private business to conduct its own affairs. Imposes new civil and criminal liability on businesses.
HB 1280 by Oliverson/SB 953: Bars a taxable entity that provides health care coverage to its officers, directors, owners, partners, or employees for abortions, including travel, or sick leave for the purpose of procuring or recovering from an abortion from subtracting the cost of the health care in calculating its taxable margin. Requires the taxable entity to certify whether its health care benefits include that coverage. Never received a hearing
Exposes businesses to civil and criminal liability. Attempts to pierce ERISA pre-emption. Violates equal and uniform taxation. Violates the 5th Amendment right against self-incrimination.
HB 1752: Creates a cause of action for damages, statutory punitive damages of $10 million, and costs and reasonable fees for knowingly treating or aiding or abetting the treatment of a minor for gender dysphoria or gender transitioning. Establishes a 20-year statute of limitations. Bars affirmative defenses. Eliminates jurisdictional or venue requirements. Provides that Texas law governs procedures in other states. Bars declaratory judgment actions challenging the constitutionality of the statute. Creates a cause of action against a state or local official, including a judge, who issues an order preventing or delaying a claimant from bringing a civil action under the statute. Waives governmental immunity. Provides mandatory attorney’s fees. Never received a hearing
Rolls back prior tort reforms. Creates a private cause of action for damages, statutory punitive damages, costs, and attorney’s fees. Extraterritorial application. Limits defenses. Violates separation of powers. Authorizes actions against governmental entities at taxpayer expense.
HB 2690 by Toth: Prohibits virtually all dissemination and uses of abortion-inducing drugs in Texas, no matter where they are sourced. Creates a wrongful death cause of action for any person. Creates apportioned liability among all manufacturers of abortion-inducing drugs if the claimant cannot identify which manufacturer made the drug. Applies to the use of the drug by a Texas resident even in other states or countries. Creates a no-injury cause of action for actual damages, statutory damages, costs, and attorney’s fees. Creates a cause of action against web browsers that permit Texas residents to access information about abortion-inducing drugs. Imposes new duties on websites advertising abortion-inducing drugs. Penalizes persons who challenge these provisions by shifting the cost of litigation. Creates a cause of action against a judicial officer who bars enforcement of these provisions. Never received a hearing
Violates the right to travel. Rolls back prior tort reforms. Creates a no-injury private cause of action for damages, statutory punitive damages, costs, and attorney’s fees. Extraterritorial application. Violates due process. Violates separation of powers. Authorizes actions against governmental entities at taxpayer expense.
HB 2813: Creates a cause of action or derivative action for breach of fiduciary duty against a governing person of a company doing business in Texas for facilitating travel of an employee outside of Texas to obtain an abortion. Provides that the business judgment rule is not a defense. Never received a hearing
Creates a private cause of action against businesses and a shareholder derivative action. Violates right to travel. Raises ERISA pre-emption concerns. Limits defenses.
HB 3502: Requires group health insurance plans that cover an enrollee’s gender transition or procedure to cover all possible consequences of the treatment, any testing or screening necessary to monitor the mental and physical health of the enrollee on an annual basis, and any procedure or treatment necessary to reverse it. Requires the insurer to cover subsequent treatment even if the enrollee was not enrolled at the time of the gender transition procedure. Exempts ERISA plans. Died on House General State Calendar
Creates permanent, strict liability for insurers and businesses that provide health coverage for employees.
HB 4624: Prohibits a health care provider from performing or offering to perform on a minor a gender modification treatment or procedure. Provides that a minor may sue the health care provider and the minor’s parent, legal guardian, or conservator who consented to the treatment. Authorizes a wrongful death action against a provider, which may be brought not later than the earlier of 30 years or the minor’s 18th birthday or 10 years after the minor’s death. Authorizes recovery of economic damages and noneconomic damages for psychological and emotional anguish. Authorizes the attorney general to sue for a civil penalty for an intentional or knowingly violation. Never received a hearing
Raises due process concerns by extending limitations. Creates a private cause of action against health care providers. Imposes civil penalties on health care providers. Attorney general enforcement.
HB 4754: Prohibits a health care provider employed by a private or public entity from providing a gender transition procedure or treatment on an individual younger than 26 years of age or from referring a person for such treatment. Bars use of public money. Creates a criminal offense, a disciplinary offense, and a civil action for compensatory damages, equitable relief, attorney’s fees and costs. Establishes a limitations period of 40 years. Never received a hearing
Imposes civil and criminal liability on health care providers. Violates due process by extending limitations.
HJR 58/HJR 85/SJR 70 by Hughes: Adds Art. I, § 36, to enshrine the liberty of a parent to direct the upbringing of the parent’s child as a fundamental right, including the right to direct the care, custody, control, education, moral and religious training, and medical care of the child. Requires a compelling governmental interest and narrowly tailored remedy to interfere with the right. SJR 70 passed House, died in Senate State Affairs | HJR 58 and HJR 85 Never received a hearing
Creates a potentially expansive constitutional basis for litigation against governmental entities and businesses.
HJR 106: Adds § 36, Article I, Texas Constitution, to provide that a person has the right to travel in a vehicle using human decision-making, subject to laws or regulations relating to, among other things, “laws or regulations that impose or are subject to criminal penalties” and “restrictions on the use of a vehicle resulting from the commission of a criminal offense or other violation of a law or regulation.” Never received a hearing
Violates right to travel. Creates vague standards that could be the basis for criminal and civil liability.
SB 511: Bars all economic and tax incentive programs authorized by the state from providing a grant or incentive to an entity that assists, refers, or otherwise encourages a woman to obtain an abortion. Never received a hearing
Interferes with the right of a private business to conduct its own affairs. Interferes with the employer-employee relationship. Raises ERISA pre-emption concerns. Violates the 5th Amendment right against self-incrimination. Violates right to travel. Creates vague liability standards.
SB 1029: Imposes strict liability on a health plan issuer for the patient’s medical, mental health, and pharmaceutical costs as a result of gender modification procedures or treatments covered by the plan for the life of the patient. Subjects health care providers to liability in malpractice simply for performing a gender modification treatment or procedure and makes the provider strictly liable for the life of the patient. Prohibits a health insurance policy from covering gender modification treatments. passed Senate, died in House State Affairs
Imposes strict, permanent liability on health insurers and employers that provide employee health plans. Violates ERISA pre-emption. Creates a new cause of action against physicians and health care providers. Violates due process by eliminating limitations.
SB 1195: Gives the attorney general jurisdiction to prosecute criminal offenses under the Election Code, offenses relating to abortion, and offenses involving trafficking, bribery, and abuse of office. Never received a hearing
Expands the enforcement authority of the attorney general beyond its constitutional basis.
NULLIFICATION
HB 262: Prohibits a state agency or political subdivision from cooperating with a federal agency in implementing an agency rule that the attorney general finds violates the federal constitutional rights of a citizen or exceeds the power granted to the federal government by the constitution. Never received a hearing
Violates the Supremacy Clause. Violates separation of powers.
HB 384 by C. Bell/HB 2930/SB 313 by Hall: Establishes a committee of six House members and six senators to review federal government action to determine whether the action is unconstitutional. Requires the committee to report a determination that an action is unconstitutional to the legislature. Requires the legislature to vote on the determination and, upon approval by a majority of each house, send the determination to the governor for approval or disapproval. Provides that if the governor approves, the action is deemed unconstitutional and the secretary of state must notify Congress. Bars implementation or enforcement of an unconstitutional action. Gives the attorney general prosecution authority. Grants original jurisdiction to any state court to determine in a declaratory judgment action whether a federal action is unconstitutional. HB 384 and SB 313 Never received a hearing | HB 2930 left pending in House Judiciary and Civil Jurisprudence
Violates the Supremacy Clause. Violates separation of powers. Expands enforcement authority of the attorney general beyond its constitutional basis.
HB 1023: Prohibits the U.S. Food and Drug Administration from regulating a clinical laboratory when the lab is performing a lab-developed test on a pathogen or agent that is the basis for a federal emergency declaration or to diagnose the health condition that is the basis for the emergency declaration. Defines the lab as a state agency but bars a state agency from regulating the lab if it did not possess that authority prior to the declared emergency. Does not relieve a lab of any state or federal liability. Never received a hearing
Violates the Supremacy Clause. Imposes civil liability against manufacturers of certain products.
SB 242: Bars a state agency or political subdivision from cooperating with a federal government agency to implement an agency rule that the attorney general has identified as violating a citizen’s federal constitutional rights. Died on Senate Intent Calendar
Violates the Supremacy Clause. Violates separation of powers. Expands the authority of the attorney general beyond its constitutional basis.
SB 307: Prohibits the state or a local government from enforcing or providing assistance to a federal official or agency with respect to enforcing federal law responding to a federally declared public health emergency and imposing a prohibition, restriction, or other regulation that does not exist under Texas law. Cuts state money to a political subdivision that enforces a federal law. Provides a complaint procedure and enforcement by the attorney general with cost and attorney’s fee recovery. Never received a hearing
Violates the Supremacy Clause. Expands enforcement authority of the attorney general. Imposes a significant liability risk on Texas employers and health care providers.
STATE PRE-EMPTION/LOCAL GOVT CONTROL
SB 149: Bars a city from regulating commercial activity. Does not apply to a uniquely local concern, local land use, protection of citizens’ physical safety, regulation explicitly authorized by statute, or a measure that requires nondiscrimination in the provision of employment or service to any person on the basis of any state or federally protected class. Died in Senate Business and Commerce
Creates the basis for significant litigation against cities at taxpayer expense.
TORT LIABILITY
HEALTH CARE LIABILITY
HB 536: Amends § 74.301, CPRC, to index the $250,000 cap on noneconomic damages in health care liability cases by the CPI from September 1, 2003 to the time when damages are awarded in a judgment or settlement. Indexes both liability limits and financial responsibility amounts. Never received a hearing
Rolls back prior tort reforms.
HB 888: Adds § 74.252, CPRC, to extend the statute of limitations for a claim by a minor based on the administration of a puberty suppressing drug or cross-sex hormone to or the performance of surgery or another medical procedure on the minor for the purpose of gender transitioning or gender reassignment. Provides that such that a claim must be brought by the minor’s 25th birthday, rather than the 14th birthday for all other health care liability claims. Died on House General State Calendar
Violates due process by extending limitations. Rolls back prior medical liability reforms.
HB 3063: Amends § 74.051(c), CPRC, to provide that notice of a health care liability claim tolls the statute of limitations [n]otwithstanding the inadequacy of a medical authorization provided under Section 74.052 . . .” Withdrawn from hearing schedule
Weakens prior medical liability reforms.
HB 3151: Imposes a civil penalty of $50,000 against a health care provider who denies or refuses to provide a treatment, procedure, or service based on the person’s vaccination status. Never received a hearing
Imposes new liability for civil penalties against health care providers.
SB 297 by Hall: Requires hospitals to adopt and enforce a “patient’s bill of rights” with enumerated responsibilities and duties. Authorizes HHSC to assess an administrative penalty of $1,000 for each violation and allows the attorney general to sue to collect the penalty. Establishes multiple bases for civil liability against hospitals and associated health care providers. Never received a hearing
Imposes new administrative penalties on hospitals. Attorney general enforcement. Creates potential for significant new litigation against hospitals and health care providers.
SB 298 by Hall: Creates a private right of action against a health care provider for failing to obtain an informed consent before immunizing a child. Allows recovery of attorney’s fees, court costs, investigation costs, witness fees, and deposition expenses. Provides that the cap on punitive damages does not apply to the action. Left pending in committee
Creates private cause of action against health care providers. Lifts cap on punitive damages, thus rolling back prior tort reforms.
SB 299: Requires a hospital to allow a physician who is not a member of the hospital’s medical staff to provide care or treatment to a patient at the hospital at the patient’s request. Provides that a hospital is not liable for damages resulting from treatment provided by a non-staff physician. Does not provide immunity for other hospital providers acting under the direction of a non-staff physician. Left pending in committee
Creates the basis for significant litigation against hospitals and health care providers. Undermines a hospital’s ability to manage liability by properly credentialing medical staff.
SB 301: Prohibits a health care licensing agency from taking adverse action against a health care provider or pharmacist that prescribes, dispenses, administers, or otherwise provides ivermectin or hydroxychloroquine to a patient. Prohibits a pharmacist from contacting a provider to dispute the efficacy of those drugs. Provides immunity to providers for negligence. Passed Senate, Never received a hearing in House
Interferes with the practices of medicine and pharmacy.
SB 302 by Hall: Creates a private cause of action by an employee or the employee’s legal representative against an employer for damages arising from adverse health events resulting from the employer’s vaccine requirement for employees. Allows recovery of attorney’s fees and costs. Provides that the exclusive remedy of workers’ compensation does not apply to the action. Never received a hearing
Creates a cause of action against an employer with attorney’s fees and costs. Abrogates the exclusive remedy of workers’ compensation.
SB 304: Prohibits a person from discriminating against or refusing to provide a public accommodation based on the person’s vaccination history or immunity status for a communicable disease. Enforceable by the attorney general in a suit for equitable relief. Prohibits such discrimination by a long-term care facility, health care provider, health care facility. Punishes violations by defunding, disciplinary action, and administrative penalties. Prohibits a health benefit plan from discriminating against an individual based on vaccination status. Prohibits a health benefit plan from using an individual’s vaccination status in rating. Prohibits a health benefit plan from discriminating against a provider based on the vaccination status of the provider’s patients. Prohibits an employer from discriminating against an individual based on vaccination status. Prohibits a licensing agency from discriminating against a licenseholder or applicant based on vaccination status. Prohibits an educational institution, hospital, or health care facility from requiring as a condition of employment to be vaccinated or to participate in vaccine administration. Creates a private right of action for equitable relief, reinstatement, back pay, and interest. Prohibits TXDOT from discriminating against a driver’s license applicant based on vaccination status. Abolishes vaccination requirements for schools and institutions of higher education. Eliminates emergency authorization for a physician to administer a vaccination. Bars disciplinary action against child care providers or foster parents for declining to immunize a child. Bars the state or a local government from requiring vaccines. Bars a health care provider from disclosing a person’s vaccination history. Abolishes all child vaccine requirements. Never received a hearing
Creates multiple causes of action against health care providers, health benefit plans, employers, and governmental entities. Expands attorney general enforcement authority. Interferes with the employer-employee relationship. Interferes with the right of a private business to conduct its own affairs.
SB 305: Imposing new reporting requirements on a person who administers a vaccine. Subjects a person who violates the reporting requirements to disciplinary action by the appropriate licensing agency. Creates a no-injury cause of action for injunctive relief with recovery of attorney’s fees and costs. Requires a school, institution of higher education, child care facility, state public health official, medical service, long-term care provider, and employer to accept a health exemption from a vaccine requirement without question. Provides for disciplinary action against a license holder and a no-injury cause of action for injunctive relief with recovery of attorney’s fees and costs. Never received a hearing
Creates new administrative penalties against licensed health care providers. Creates a no-injury cause of action with attorney’s fees and costs.
SB 666: Amends Chapter 154, Occupations Code, to limit the persons who may file a complaint with the Texas Medical Board regarding a license holder to the license holder’s patient or a person directly involved in the care of the license holder’s patient. Establishes requirements for the form of complaint. Requires the board to complete its investigation of a complaint within 180 days. Bars the board from investigating a complaint that is more than 3 years old and complaints involving care provided to a person 17 years of age or younger unless the complaint is filed on or before the person’s 20th birthday. Requires review of a complaint against a physician to be conducted by a licensed physician engaged in the active practice of medicine. Requires at least 6 of 8 members of a panel of reviewing physicians to find that the physician’s conduct falls below the acceptable level of care in order for the board to discipline the physician. Passed Senate, never received a hearing in House
Rolls back prior medical liability reforms.
SB 1198: Adds § 74.252, CPRC, to allow a claimant to bring a health care liability claim not later than the claimant’s 20th birthday if the basis for the claim is malpractice in the provision of a puberty suppression drug or cross-sex procedure on the minor for purposes of gender transitioning or gender reassignment. Never received a hearing
Violates due process by extending limitations. Rolls back prior medical liability reforms.
EMPLOYMENT LAW
HB 404: Requires private employers to provide paid leave annually. Requires employers with 75 or fewer employees to provide paid leave after the second anniversary date of the date the employer hires its first employee. Provides that paid leave accrues at one hour for each 30 hours worked up to a maximum of 40 hours per calendar year. Entitles an employee to carry over 40 hours of unused leave to the next year, unless the employer pays the employee for the unused leave or offers the full amount of leave expected to accrue in the following year. Requires an employee to work at least 18 hours a week to use paid leave. Prohibits an employer from taking an adverse employment action against an employee who requests or uses paid leave or who files a complaint with the TEC. Imposes an administrative penalty of $500 for a violation involving retaliation against an employee, $100 for other violations. Imposes liability on an employer of employee who prevails in a civil action for lost wages, salary, benefits, or other compensation, as well as equitable relief, including reinstatement or promotion. Allows the court to award reasonable attorney’s fees, expert witness fees, and other costs to the employee. Never received a hearing
Violates ERISA pre-emption. Imposes new administrative penalties against employers. Creates new cause of action with attorney’s fees and costs against employers.
HB 893: Establishes a mandatory paid sick leave program for all employers. Imposes administrative and civil penalties on employers for violations. Creates a cause of action for violations. Allows an aggrieved employee to recover actual damages and authorizes a court to award attorney’s fees, expert witness fees, and other costs. Never received a hearing
Violates ERISA pre-emption. Creates a private cause of action with attorney’s fees and costs.
CONSTRUCTION LAW/FREEDOM OF CONTRACT
HB 1963: Amends § 162.001, Property Code, to provide that funds reserved by the owner during the progress of work for purposes of a mechanic’s lien are trust funds. Amends § 162.003(a), Property Code, to provide that an artisan, laborer, mechanic, contractor, subcontractor, or materialman is a beneficiary of trust funds reserved under the mechanic’s lien retainage requirement (§ 53.101, Property Code). Amends § 162.034, Property Code, to require a court to award costs and attorney’s fees to a beneficiary who prevails in an action for misapplication of trust funds. Committee report sent to House Calendars
Creates a new cause of action with costs and attorney’s fees against owners of real property.
HB 2657: Amends § 272.001, Business and Commerce Code, to make a construction contract between an original contractor and owner voidable if the owner does not, on written request, provide a copy of any incorporated document on or before the 10th day before the date the contract is executed. Allows the owner to redact information in the document that is not incorporated into the contract. Imposes the same requirement on a contract between a subcontractor and an original contractor and on a contract between subcontractors. Provides that a contract provision is voidable only to the extent of its applicability to the incorporated document. Allows a party to provide the incorporated documents by a link to the document on an Internet website or file hosting service that may be accessed by the other party free of charge. Prohibits waiver of these requirements. Committee report sent to House Calendars
Creates significant burdens on the freedom to contract. Increases the potential for litigation against property owners and general contractors.
HB 2928: Amends § 272.001, Business and Commerce Code, to make a provision in a construction contract voidable if the provision allows a party to the contract to withhold payment owed under one contract to satisfy a claim or damages alleged under another contract. Amends § 28.003, Property Code (good faith disputes under prompt payment of contractors and subcontractors statute), to provide that a good faith dispute does not include a dispute relating to a contract, work order, contractual arrangement, or any other agreement between the parties that is not related to the contract for construction under which payment is requested or required. Amends § 162.031, Property Code (construction payments as trust funds), to provide that a trustee who retains or otherwise diverts trust funds due to a dispute, including an alleged default, arising under a construction contract other than the contract in connection with which the trust funds were received by or placed under the control or direction of the trustee has misapplied the trust funds. Allows a court to award costs and attorney’s fees in an action brought under Chapter 162 for misapplication of trust funds. Died on House General State Calendar
Expands an existing cause of action against property owners and general contractors.
HB 3399: Bars governmental contracts with companies that engage in economic boycotts fossil fuel, mining, and agriculture operations or does business with a company that engages in any or DEI related activities. Requires the company to certify as such. Never received a hearing
Interferes with the right of a private business to conduct its own affairs. Interferes with freedom of contract.
HB 3661: Requires a financial institution to provide nonconfidential information to the commissioner regarding its policies for the use of scores. Requires the comptroller to publish the information. Never received a hearing
Interferes with the right of a private business to conduct its own affairs.
HB 4794: Adds § 21.5525, Business Organizations Code, to shift the burden of proof in a shareholder derivative action alleging an act or omission relating to the improper consideration of ESG factors to the corporation to prove the act or omission was in the best interest of the corporation. Never received a hearing
Encourages litigation against corporate businesses based on vague, undefined standards of liability. Endangers due process by shifting the burden of proof.
HB 4802: Adds § 21.401, Business & Commerce Code, to make it a breach of fiduciary duty for the director of an entity to “prioritize[] another consideration over the maximization of the value of the corporation’s shares” in discharging the director’s duties. Never received a hearing
Creates a new cause of action against directors of business entities based on vague, undefined standards of liability.
SB 1621/HB 3846: Prohibits a state agency from awarding a contract for goods or services to a contractor or subcontractor unless they register with and participate in the E-verify program. Requires all employers to register with and participate in the E-verify program as a condition of a license, certificate, registration, permit, or other authorization that is required for a person to practice or engage in a particular business, occupation, or profession. Requires political subdivisions to participate in E-verify and terminate employees who don’t comply. SB 1621 died on Senate Intent Calendar | HB 3846 Never received a hearing
Imposes potentially costly and burdensome liability on businesses. Implicates substantive due process by threatening a licensed professional’s or business’s authorization to do business in the state.
SB 1683: Adds § 341.401(b), Finance Code, to bar an authorized lender or other person from denying credit to an organization using an ESG score, DEI standards, or entities associated with a legal industry, such as agriculture, fossil fuels, firearms, or free-speech media platforms, or a religious institution. Never received a hearing
Interferes with the right of a private business to conduct its own affairs. Creates the potential for liability based on vague, undefined standards.
PROCEDURE/DISCOVERY/PRIVILEGES
HB 955: Amends § 18.001, CPRC, to exempt a medical bill or other itemized statement of a medical or health care service charging $50,000 or less, an expense affidavit is not required to support a finding of fact that the amount charged was reasonable and necessary. Left pending in House Judiciary and Civil Jurisprudence
Rolls back prior tort reforms.
INSURANCE
HB 1320: Amends Chapter 1952, Insurance Code, to: (1) for purposes of an unfair settlement practices claim (§ 541.060), allow an insurer to provide notice of a claim for uninsured or underinsured motorist coverage by providing written notice to the insurer that reasonably informs the insurer of the facts of the claim; (2) provide that a judgment or other legal determination establishing the uninsured or underinsured driver’s liability or the extent of the insured’s damages is not a prerequisite to recovery in a bad faith action with respect to a UM/UIM claim; and (3) provides that in a UM/UIM claim, the only extracontractual cause of action available to an insured is an action for bad faith under § 541.151 to recover damages under § 541.152. Never received a hearing
Expands liability for automobile insurers by overturning Texas Supreme Court precedent.
HB 2021/SB 1137: Requires a pharmacy benefit manager that administers a self-funded employer sponsored benefit plan (ERISA plan) to submit to state regulation under Chapter 1369, Insurance Code. HB 2021 Left pending in House Insurance | SB 1137 left pending in Senate Health and Human Services
Violates ERISA pre-emption.
HB 5048/SB 2149: Adds § 541.054(b), Insurance Code, to make it an unfair method of competition or deceptive act or practice in the business of insurance to commit an act of boycott, coercion, or intimidation against a person who engages in businesses relating to fossil fuel energy, timber, mining, agriculture, arms and ammunition, or a business that does meet ESG criteria. Never received a hearing
Creates a private cause of action against insurers based on vague, undefined standards.
Worker’s Compensation
HB 102/SB 1352: Amends § 408.001(b), Labor Code, to permit a decedent’s estate to recovery exemplary damages based on the employer’s gross negligence. HB 102 passed House, never received a hearing in Senate | SB 1352 Never received a hearing
Expands liability of workers’ compensation insurers and employers.
HB 790 by Patterson (R-Frisco): Amends § 408.0041, Labor Code, to require the first request of the carrier, injured employee, or DWC for an examination by a designated doctor to include a request to the designated doctor to provide an opinion of the extent of the compensable injury. Amends § 409.021, Labor Code, to require the carrier contesting a claim to notify the injured employee and DWC of the specific reasons for the contest, including any disputes in the cause of the injury, the extent of the injury, or the treatment. Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not comply with the 15-day written notice of injury requirement (applies only to first responders and custodial officers under § 607.051, Government Code). Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not contest or deny the extent of a compensable injury in writing by the 60th day after which the carrier had notice of the claimed injury (applies to all injured workers). Adds § 417.005, Labor Code, to make the carrier liable for the injured worker’s reasonable and necessary medical expenses if the carrier denies a claim that is later found to be compensable in an administrative hearing. Amends § 410.156, Labor Code, to allow a party or witness to appear at an administrative hearing remotely if good cause exists and to allow an attorney who represents a party in a contested case hearing to appear remotely (no good cause requirement). Passed House, never received hearing in Senate
Rolls back prior workers’ compensation reforms. Reintroduces attorney involvement at the early stages of the process. Allows remote proceedings without the consent of the parties.
HB 3977: Adds § 408.0011, Labor Code, to authorize an employee who is the victim of sexual assault to bring a cause of action against the employer if the employee’s injuries arise from the employer’s negligence. Died on House General State Calendar
Creates an exception to the exclusive remedy of workers’ compensation.
EMINENT DOMAIN
HB 2318: Amends § 21.02(a), Property Code, to block a condemnor from taking possession of the property for 180 days from the date of the special commissioners’ award, unless the parties agree otherwise. Permits a city, irrigation district, water improvement district, or water power control district to take immediate possession if it pays or deposits the amount of the award. Never received a hearing
Undermines agreed eminent domain reforms enacted during the 2021 session.
HB 2906: Amends § 21.047, Property Code, to require the condemnor to pay expenses and fees (in addition to costs) incurred by the property owner if either the commissioners or a court award more than the condemnor offered. Makes the same change with regard to failure of the condemnor to make a bona fide offer. Never received a hearing
Undermines agreed eminent domain reforms enacted during the 2021 session.
HB 3601/SB 2311: Amends § 21.0113(b), Property Code, to change the bona fide offer requirements to specify that the final offer must be made on or after the 30th day after the initial offer is the offer is equal to or higher than the initial offer, or the 60th day if the final offer is lower than the initial offer. Never received a hearing
Undermines agreed eminent domain reforms enacted during the 2021 session.
SB 201 by Eckhardt: Amends § 21.041, Property Code, to require special commissioners to admit evidence of the market value of the property’s highest and best use without consideration of the property’s conservation easement status. Provides that if the entire tract or parcel that is subject to a conservation easement is condemned, the damage to the property is the market value of the property’s highest and best use without consideration of the easement. Provides that if part of a tract subject to a conservation easement is condemned, the commissioners shall determine damage by estimating the extent of the injury and benefit to the owner based on the property’s highest and best use without the easement status and including the effect of the taking on the owner’s remaining property, based on the remainder’s highest and best use without consideration of the easement. Never received a hearing
Undermines agreed eminent domain reforms enacted during the 2021 session.
SB 1512: Amends §21.0111(a), Property Code, to make the entity liable for the property owner’s attorney’s fees if the entity fails to disclose all appraisal reports produced or acquired by the entity relating specifically to the owner’s property in the 10 years preceding the date of the offer. Passed Senate, never received hearing in House
Undermines agreed eminent domain reforms enacted during the 2021 session.
SB 1513: Amends § 402.031(c), Government Code, to add to the LOBR: the condemning entity’s responsibility for any damages arising from the survey, the property owner’s option to refusing permission for the entity to enter the property for the survey, the property owner’s right to negotiate the terms of the entry, and the entity’s right to sue for a court order authorizing the entry. Further requires the entity (other than TXDOT) that makes an initial offer that includes real property that the entity does not seek to acquire by condemnation to separately identify such property in the initial offer and make a separate offer for such property. Adds § 21.01101, Property Code, to require a survey permission form to state that the owner has a right to refuse, that the entity has a right to sue for entry, that the owner has a right to negotiate terms of entry, and that the entity has a responsibility for damages. Amends § 21.0112(a), Property Code, to require provision of the LOBR at the time the entity makes the initial offer. Adds § 21.0115, Property Code, to require the entity (other than TXDOT) that makes an initial offer that includes real property that the entity does not seek to acquire by condemnation to separately identify such property in the initial offer and make a separate offer for such property. Passed Senate, never received hearing in House
Undermines agreed eminent domain reforms enacted during the 2021 session.
CIVIL RIGHTS
HB 1006: Prohibits an institution of higher education from funding or promoting diversity, equity, and inclusion. Authorizes an action for injunctive relief plus attorney’s fees and costs. Never received a hearing
Creates a new cause of action against institutions of higher education at the expense of taxpayers and students who pay tuition.
HB 1046: Prohibits an institution of higher education from requiring an employee or student “to identify a commitment to or make a statement of personal belief supporting any specific partisan, political, or ideological set of beliefs,” including diversity, equity, and inclusion. Likely creates an implied cause of action. Never received a hearing
Creates a new cause of action against institutions of higher education at the expense of taxpayers and students who pay tuition.
JUDICIAL MATTERS, ADMINISTRATION
HB 2139: Amends the Code Construction Act (Chapter 311, Government Code) to require courts, when interpreting a statute, to enforce the text as written and in accordance with the meaning that the words of the statute would have to an ordinary speaker of the English language (i.e., prohibits so-called “intentionalism”). Provides that severability applies down to the word level in a statute (i.e., every word, phrase, clause, or sentence is severable from every other one). Attempts to limit judicial interpretations of the constitutionality of the statute to the parties in the specific case. Amends Chapter 312, Government Code (construction of statutes), to make the same changes and to bar courts from referring to legislative intent. Postponed to 2025 after second reading
Violates separation of powers.
ADMINISTRATIVE PROCEDURES
HB 1947: Requires a judge or administrative law judge to interpret a statute, rule, or other guidance issued by a state agency de novo, without deference to an agency’s interpretation of the provision. Requires a judge or ALJ to resolve the question of an ambiguous provision of state law in favor of limiting state agency authority. Died on House General State Calendar
Violates separation of powers.
SB 1432/HB 2778: Makes numerous changes to the State Office of Administrative Hearings. Authorizes the chief administrative law judge to appoint one or more deputy chief administrative law judges. Directs SOAH to use the technology standards of DIR and the judicial committee on information technology. Authorizes an ALJ assigned to preside over a contested case or ADR proceeding to order the use of videoconferencing technology to conduct proceedings. Authorizes SOAH to deliver a decision or order using an electronic filing system. SB 1432 Never received a hearing | HB 2778 committee reporting sent to House Calendars
Allows remote proceedings, including contested case hearings, without the consent of the parties.
