TCJL Bill Tracking Report 5-22-25

TCJL Tracked Bill List 5.22.25

May 22, 2025

QUICK HIGHLIGHTS

TCJL Priority and Major Supported Bills

• Life of the Mother/Pregnancy Complications: SB 31 passed the House on 5-22 (second reading 12-6-10). SB 31 passed the Senate unanimously on 4-29 and passed House Public Health on 5-5-25. Latest Article: https://tcjl.com/life-of-the-mother-legislation-hits-house-floor-tomorrow-sb-31/

• Produced Water: HB 49 passed Senate Natural on 5-21, recommended for Local Calendar on 5-22. Produced Water Resource Page

• Proxy Advisor: SB 2337 placed on House General State for Saturday 5-24. Latest Article: https://tcjl.com/stop-proxy-advisor-conflicts/

• Nuclear Verdicts/Medical Damages: SB 30 substitute reported from House JCJ on 5-21. SB 30 passed the Senate on 4-16. Nuclear Verdicts Resource Page Latest article: https://tcjl.com/sb-30-medical-damages-advances-from-house-jcj/

• 15th Court Jurisdiction: HB 5067 has been incorporated into SB 2878, the omnibus courts bill.

• Omnibus Courts: SB 2878 passed House JCJ with 10 votes on 5-21. Passed the Senate without objection on 5-12.

• Judicial Conduct and Compensation: SB 293 and SJR 27 are on the House Calendar for Saturday 5-24.

• Business Courts: HB 40 passed Senate Jurisprudence on 5-21.

• Public Nuisance: Has not moved in a several weeks. SB 779 and HB 3964 are now both in House JCJ. Public Nuisance Resource Page

• Lucio Amendment (trucking): HB 4688 sent to Calendars on 5-12. SB 39 passed the Senate on 4-24 on a vote of 21-10 and is now in House JCJ.

• Third Party Litigation Funding: TCJL has updated our letter requesting rulemaking review by the Texas Supreme Court, and 268 organizations have sent a letter to Congress in support of HR 1109. TPLF is on the August agenda of the Supreme Court Advisory Committee. TPLF Resource Page

Opposed Bills

• Eminent Domain: SB 291 was voted out of LRM on 5-21 after two tries. Industry is still opposed. SB 291 and 292 heard in LRM this week. Eminent Domain Resource Page

• ERISA: SB 1122 passed Senate HHS on 3-31. Not again placed on Intent on 4-9. ERISA Resource Page

Monitored Bills

• AI: HB 149 placed on Senate Intent for 5-23. AI Resource Page Latest Article: https://tcjl.com/ai-legislation-heads-for-senate-floor-hb-149/

This list is current through 5 p.m., Thursday, May 12. New actions are highlighted in red.

TCJL PRIORITY BILLS
New Causes of Action
Tort Liability
Construction Law
Freedom to Contract
Health Care Liability
Judicial Matters/Practice of Law
Eminent Domain
Dobbs/SB 8/Obergefell/LGBTQ
Landlord-Tenant
Employment Law
Workers’ Compensation
Pandemic Liability/Emergency Powers
Artificial Intelligence/Data Privacy
Administrative Procedures
Jury Matters
Insurance
Nullification
Civil Rights
Procedure, Discovery, and Privilege

Remaining calendar deadlines:

Friday, May 23: last day for the House to consider local bills on 2^nd and 3^rd
Saturday, May 24: last day for House committees to report Senate bills.
Sunday, May 25: deadline for the House to distribute its last House daily calendar with Senate bills.
Monday, May 26: deadline for the House to distribute its last local calendar with Senate bills.
Tuesday, May 27: last day for the House to consider 2^nd reading Senate bills.
Wednesday, May 28: last day for the House to consider local Senate bills on 2^nd and 3^rd reading and all 3^rd reading Senate bills. Last day for the Senate to consider bills.
Thursday, May 29: deadline for the House to distribute Senate amendments.
Friday, May 30: last day for the House to act on Senate amendments.
Saturday, May 31: deadline for the House to print and distribute House copies of all conference committee reports. Deadline for Senate to distribute conference committee reports.
Sunday, June 1: last day for the House to adopt conference committee reports or discharge House conferees and concur in Senate amendments. Last day for Senate to adopt conference committee reports or discharge or concur in House amendments.
Monday, June 2; Sine Die (corrections only).
Sunday, June 22: last day the governor can sign or veto bills.

TCJL PRIORITY BILLS

PRODUCED WATER LIABILITY

HB 49 by Darby (R-San Angelo)/SB 1399 by Perry (R-Lubbock):

Amends § 122.001, Natural Resources Code, to add a definition of “treated product” as “the product of a process that treats, filters, refines, extracts, or otherwise alters any portion or component of fluid oil and gas waste to render it suitable for beneficial use.
Amends § 122.002 to conform the statute to the new definition of “treated product.”
Amends § 122.003 to specify that a person who takes possession of fluid oil and gas waste for treatment and “either puts the treated product to a beneficial use” or transfers it to another person with a contractual understanding that it will be put to a beneficial use is not liable in tort for a consequence of subsequent use of the treated waste product by any person (i.e., expands current law immunity).
Provides additional immunity from liability to a person including a surface owner, who produces fluid oil and gas waste or supplies or conveys such waste to a treatment facility for the purpose of generating treating waste subsequent treatment of the waste to generate treated product, the subsequent use of that treated product by any person, or exposure to a byproduct of the process used to generate the product.
Provides additional immunity for a surface owner on or under which fluid oil and gas waste is produced, conveyed, or transported from liability arising from exposure to the waste, treated waste, or a byproduct of a process used to generate treated waste.
Does not extend immunity to gross negligence or intentional, wrongful act or omission, or negligence if the person did not treat, generate, use, or dispose of the fluid waste, treated product, or byproduct in conformity with Railroad Commission rules or a TPDES program permit issued by TCEQ.
Bars an award of punitive damages to a claimant awarded damages for a tort premised solely on the person’s negligence and regulatory nonconformity.
Amends § 122.004(a) to clarify the RRC’s rulemaking authority with respect to treated waste and any byproduct of a process used to generate treated waste.

Reported favorably from Senate Natural Resources on 5/22.

NUCLEAR VERDICTS/MEDICAL DAMAGES

SB 30 by Schwertner (R-Georgetown): Makes numerous changes to medical and noneconomic damages. The House committee substitute shows in red. Changes (both added and stricken language) that will be made on the floor in an agreed floor amendment appear in blue.

Amends § 41.001, CPRC, to add definitions of “health care expenses,” “health care services,” “injured individual,” “letter of protection,” “physician,” “provider,” and “third-party payor”:
Adds § 41.015, CPRC, to provide that if a third-party payor paid for a health care service, supply, or device, the evidence offered to prove the amount of medical damages is limited to evidence of the amount paid, plus amounts paid by an insured for coinsurance, deductibles, or copayments;
Provides that if a third-party payor did not pay for the service, supply, or device, a party may offer and the court shall admit the following evidence may be offered regarding the reasonable value of necessary health care services [or that in a reasonable probability will need to be provided in the future includes]: (1) evidence of amounts paid by non-third-party payors to providers (but not to purchase an account receivable or as a loan) if paid without [a formal or informal] agreement for the provider to refund, rebate, or remit money to the payor, injured individual, claimant, or claimant’s attorney or anyone associated therewith; and (2) Medicare allowable amounts, maximum allowable workers’ comp rates, the 50^th percentile of amounts allowed to participating providers in the geozip during the calendar quarter in which the service was provided;
Provides that if a claimant gives a notice of intent within the § 18.001(d) affidavit deadline [that the claimant intends to rely on], the following shall be admitted: (1) the average amounts collected by the provider for the service during the preceding year, (2) the provider’s range of contracted rates with commercial insurers, and the provider’s billed charges, and (3) the provider’s billed charges;
Prohibits a party from compelling a provider by pretrial discovery request or subpoena to provide any of that information unless the claimant services notice of intent as provided above;
Provides that, except as provided by SCOTX rules, for each service, supply, or device a provider’s statements or invoices submitted into evidence must include Current Procedural Terminology, Healthcare Common Procedure Coding System, or Evaluation and Management code if the service, etc. has such a code [an industry-accepted billing code], a description of the service, and the date on which the service was provided;
Allows a party to offer and requires the court to admit evidence of Medicare, Workers’ Comp, or commercial provider rates through expert witnesses or cross-examination of another party’s witness if the offering party gives at least 45 days’ notice before trial;
Adds § 41.016, CPRC, to require a claimant to disclose (1) any letter of protection related to the action; (2) any [oral or written] agreement under which a provider may kick back any money to a payor, injured individual, claimant, claimant’s attorney or anyone associated therewith; and (3) the identity of any provider who provided services to the injured individual, together with an authorization to all other parties allowing them to obtain all of the injured individual’s medical records relating to the claim; [and (4) if the individual was referred to the provider and the provider’s medical records, billing statements, or testimony will be presented at trial, the contact information of the peron who made the referral, the relationship of the referrer and the injured individual’s attorney, and the relationship of the referrer and the injured individual or his or her attorney];
Requires a claimant, on request of a party, to state the name, address, and telephone number of each person who provided to the claimant or injured individual the contact information of a provider that provided a service to injured individual, even if the person is or was an attorney for the claimant or injured person;
Requires a provider, on request of a party, to provide (1) the number of persons an attorney to the action referred to the provider in the preceding two years [an anonymized list of persons referred by an attorney to the action], (2) the total amount paid to the provider in the preceding two years by or on behalf of persons referred by an attorney to the action [the date and amount of each payment to the provider by, through, or at the direction of the attorney (preceding two years), (3) any person anonymously described above on whose behalf the attorney made a payment, and (4) any other aspects of any financial relationship between the referring attorney and the provider];
[Includes in the term “referral” a referral by made by another person if the injured individual’s attorney knew or had reason to know about the referral];
Mandates admission into evidence (1) medical records showing health care services, etc. provided to the injured individual to diagnose, alleviate, cure, treat, or heal the injury [the injured individual’s medical records relating to the event that caused the injury], (2) a letter of protection if a provider’s medical records, billing statements, or testimony will be presented, and (3) referral information if a provider’s medical records, billing statements, or testimony will be presented [and (4) treatment guidelines and drug formularies approved by the Workers’ Comp Division as evidence relating to the necessity of the services];
Provides that the TRE apply except as otherwise provided by §§ 41.015 and 41.016;
Applies to an action (1) commenced on or after the effective date [or (2) pending on the effective date and in which a trial, or a new trial or retrial following a motion, appeal, or otherwise begins on or after January 1, 2026].

Voted from House JCJ on 5/21.

LUCIO AMENDMENT

SB 39 by Birdwell (R-Granbury)/HB 4688 by Leach (R-Plano): Repeals §§ 72.054(c), (d), and (e), CPRC, which permit a plaintiff to introduce certain evidence in the first phase of a bifurcated trial to show negligent entrustment. Amends § 72.053(a) to expand the definition of “regulation or standard” to include a policy or procedure promulgated or adopted by the owner or operator of the motor vehicle. Amends § 72.053(b) to provide that evidence is only admissible in the first phase of a bifurcated trial if it is admissible under other law. SB 39 passed Senate on 4/24 and has been referred to House JCJ. HB 4668 reported as substituted from House JCJ on 5/12.

PUBLIC NUISANCE

SB 779 by Middleton (R-Galveston)/HB 3964 by Vasut (R-Angleton): Adds Chapter 100C, Civil Practice & Remedies Code, to limit actions for damages or other relief based on common law public nuisance, whether asserted as a cause of action or an injury. Applies only to an action brought by a private party or political subdivision. Provides that a public nuisance claim is not cognizable if it seeks relief arising from: (1) an action authorized, licensed, approved, or mandated by law or by the federal, state, or local government; (2) an action or condition in which a statutory or administrative enforcement mechanism already exists to address the alleged condition; or (3) a product liability claim. Provides that the aggregation of private nuisance claims does not give rise to a public nuisance claim. Provides that in the event of a conflict with common law, the statute controls. Passed Senate on 4/10. HB 3964 heard in House JCJ on 4/23.

LIFE OF THE MOTHER/ PREGNANCY COMPLICATIONS

SB 31 by Hughes (R-Tyler): Makes several changes to abortion laws:

Provides that a civil action against a physician or health care provider for a violation of any abortion statute is a Chapter 74 health care liability claim;
Amends § 170A.002(b) and adds Subsections (c-1) and (c-2), Health and Safety Code, to: (1) clarify that if a pregnant woman has a life-threatening condition, the physician “may address a risk [or death or substantial impairment of a major bodily function] before the woman suffers any effects of the risk; (2) to permit the physican to act without waiting for the risk to become imminent, the woman first suffers physical impairmet, or the physical condition causes damage to the woman; and (3) define “life-threatening) to mean “capable of causing death or potentially fatal (the condition need not necessarily be the one “actively injuring the patient”)
Adds § 170A.0021 to require the provider perform the abortion in a manner that provides the best opportunity for the survival of the unborn child(currently in § 170A.002(b)), except when, in the physician’s reasonable medical judgment, the manner of treatment would create a greater risk of death or substantial impairment of a major bodily function;
Adds language to that section clarifying that a physician is not required to delay, alter, or withhold medical treatment if doing so would create a greater risk of the mother’s death or substantial impairment of a major bodily function;
Adds § 170A.022 to provide that “reasonable medical judgment” in treating the mother includes removing an ectopic pregnancy and a dead, unborn child whose death was caused by a spontaneous abortion;
Provides further liability protection if the death or injury to an unborn child resulted from treatment provided to the mother based on a physician’s reasonable medical judgment if the death or injury was accidental or unintentional;
Clarifies that a necessary abortion performed during a medical emergency does not subject a physician to liability;
Adds § 171.2011 to provide that the following do not constitute aiding or abetting an abortion: communication between providers for purposes of arriving at a reasonable medical judgment; communications between a provider and a patient for the purpose of arriving at a reasonable medical judgment; communication between a provider and attorney relating to an exception; communication between a treating physician and any other person relating to performing an abortion for which the physician has determined as an exception; or providing products to a patient or treating physician relating to performing an excepted abortion;
Broadens the definition of “ectopic pregnancy” to include an implantation of a fertilized egg or embryo in an abnormal location in the uterus causing it to be non-viable or in a scarred portion of the uterus;
Allows the performance of an emergency abortion in an unlicensed facility;
Clarifies that the TMB cannot discipline a physician for performance of an abortion in response to a medical emergency;
Repeals sections made unnecessary by the new statute;
Directs the State Bar of Texas and Texas Medical Board to develop CLE and CME programs regarding the regulation of abortion.

Passed House on 5/22.

BUSINESS COURTS

HB 40 by Landgraf (R-Odessa): Makes numerous changes to Chapter 25A, Government Code (business court). The engrossed version:

Amends § 11.101(e), CPRC, to clarify that a prefiling order entered by the business court applies to each court in the state.
Amends § 15.003(c), CPRC, to provide that an interlocutory appeal from the business court must be taken to the 15^th Court of Appeals.
Amends numerous statutory provisions to add “business court” where the statutes refer to district or county courts;
Amends § 65.022, CPRC, to authorize a business court judge to grant a writ returnable to anothr business court judge if that judge cannot be reached by the ordinary and available means of travel and communication in sufficient time to implement the purpose sought for the writ;
Amends § 151.011, CPRC, to clarify that a special judge’s verdict must comply with the requirements for a verdict by the “referring” court, “including any applicable requirements for the issuance of a written opinion”;
Conforms § 151.012, CPRC, to include any applicable written opinion requirement if the special judge does not timely submit the verdict;
Expands the definition of “qualified transaction” to include a series of related transaction applying to one or more parties;
Clarifies that Chapters 171 and 172, CPRC, do not confer on the business any new or additional jurisdiction;
Amends § 171.096, CPRC, to require an initial application for arbitration filed in a business court to establish venue in a county in a division of the court;
Amends § 25A.001(4), Government Code, to clarify that a “qualified transaction” includes a “series of related transactions”;
Adds a definition of “fundamental business transaction” to mean a merger, interest, exchange, conversion, or sale of all or most of an entity’s assets;
Makes active (contingent on funding, which is not provided for the next biennium) the Second, Fifth, Sixth, Seventh, Ninth, and Tenth Divisions, and includes Montgomery County in the existing Eleventh Division;
Amends § 25A.004(d), to reduce the amount in controversy threshold from $10 to $5 million for actions arising from a qualified transaction and adds a “business” or “investment” contract or transaction in which the parties agreed to submit disputes to the business court;
Adds an action to enforce an arbtration agreement, appoint an arbitrator, or review an arbitral award regardless of the amount in controversy if the claim is otherwise within the court’s jurisdiction;
Adds actions arising or related to intellectual property and trade secrets;
Clarifies that the amount in controversy for jurisdictional purposes is the total amount of all joined parties’ claims;
Clarifies that the business court has concurrent jurisdiction with district courts in an action seeking only injunctive relief or a declaratory judgment under Chapter 37, CPRC, and actions seeking other equitable relief in actions regarding corporate governance, actions by an organization against an owner, controlling person, or managerial official of the organization, actions alleging that an owner, controlling person, or managerial official breached a duty to the organization, or an action arising out of the BOC;
Adds actions arising out of legal malpractice or other licensed professionals if the client is an organization;
Grants jurisdiction to grant injunctive and other equitable relief, declaratory judgments, and other relief that may be granted by a district court;
Expands the court’s supplemental jurisdiction to include a claim requiring joinder or intervention of an additional party and removes the current law requirement that a party can block proceeding on a claim within the court’s supplemental jurisdiction by not agreeing to it;
Clarifies that the business court does not jurisdictionover a claim seeking to foreclose on a lien on real or personal property “an individual owns at the time the action is filed” (unless the claim falls within the court’s supplemental jurisdiction);
Excludes claims related to a consumer transaction as defined by § 601.001, Business & Commerce Code, to which a consumer is a party arising out of a violation of state or federal law, regardless of whether the claim is otherwise within the court’s supplemental jurisdiction;
Gives a business court jurisdiction over MDL pretrial matters if it otherwise has jurisdiction;
Instructs SCOTX to adopt rules of civil and judicial procedure for the court;
Provides that a party’s governing documents may establish venue in the court;
Authorizes the governor to appoint an additional judge to each of the First and Eleventh Divisions (if the Legislature makes a specific appropriation);
Establishes a procedure by which business court judges select an administrative presiding judge pro tempore for a two-year term;
Provides for assignment of a judge or transfer of a case on recusal;
Entitles a business court judge to reimbursement for expenses;
Makes various changes related to the administration of the business court system;
Allows counties to seek reimbursement from the state for providing counrtoom space;
Authorizes the chief justice to assign an active business court judge to serve as a visiting judge of a court located in the judge’s division;
Requires OCA to report on the case activity of a court during the prior year;
Provides that actions commenced on or before 9/1/24 that are within the business court’s jurisdiction may be transferred to and heard by the court on a motion of a party;
Entitles a business court judge to additional compensation from the state in the amount equal to the difference between the judge’s base salary and the maximum combined base salary from all state and county sources paid to district judges (entitles a business court judge serving as an APJ an additional amount);
Makes conforming changes;
Provides for appointments of judges to the new divisions.

Voted from Senate Jurisprudence on 5/21.

JUDICIAL CONDUCT AND COMPENSATION

SJR 27 by Huffman (R-Houston): Amends § 1-A, Art. V, Texas Constitution, to change the composition of the State Commission on Judicial Conduct as follows: four two judges drawn from the Court of Criminal Appeals, district courts, county courts at law, or constitutional county courts appointed by SCOTX with the advice and consent of the Senate (current law is one court of appeals justice); two members of the State Bar of Texas with at least 10 years of practice appointed by the State Bar Board of Directors with the advice and consent of the Senate (same as current law); seven non-lawyer citizens appointed by the governor with the advice and consent of the Senate (current law is five non-lawyer members appointed by the State Bar Board of Directors); and two members, one who serves as a Justice of the Peace and one as a municipal court judge appointed by SCOTX with the advice and consent of the Senate (current law is one JP and one municipal court judge appointed by the governor). Provides that the four judicial appointees may not be a judge or justice in the same type of court. Provides that of the seven gubernatorial appointees, not more than two may be lawyers who must have 10 consecutive years of practice preceding the appointment. Eliminates the authority of the Commission to issue private admonitions, warnings, or reprimands. Requires the Commission to suspend from office a judge or justice under a state or federal indictment for a felony offense or a misdemeanor involving official misconduct. Authorizes the Commission to recommend to SCOTX suspension with or without pay for misconduct. HJR 140 provides for a nine-member commission, with four SCOTX appointments from the court and five citizens appointed by the governor.

The House committee substitute:

Gives the governor 7 appointees and SCOTX 6, with no specification of category as in current law (except no more than one justice or judge from each type of court can be appointed);
Provides that if the Commission determines that a person engaged in wilful or persistent conduct that is clearly inconsistent with the proper performance of the judge’s duties, the commission shall issue a public sanction or may issue a private sanction if the person has no prior sanctions (other than for conduct constituting a criminal offsnese);
Gives the commission additional discretion to recommend to the review tribunal the removal or retirement of the person;
Eliminates the provision requiring review tribunals to be selected “by lot” and giving the Chief Justice authority to appoint the members of the tribunal;
Gives the review tribunal additional discretion to order suspension without pay for a specified period;
Gives the Commission discretion to recommend suspension with or without pay pending a final disposition of a charge.

Reported as substituted from House JCJ on 5/21.

SB 293 by Huffman (R-Houston): Amends Chapter 33, Government Code (State Commission on Judicial Conduct) as follows:

The engrossed version amends § 33.001(a) to add justices of the peace to the definition of “judge.”
The engrossed version adds § 33.001(8-a) to define “official misconduct” as defined by Article 3.04, Code of Criminal Procedure.
The engrossed version amends § 33.001(a)(10) (definition of “sanction” to remove the reference to a “private” sanction (i.e, all sanctions will be public).
Amends § 33.001(b) to add a judge’s failure to meet deadlines set by statute or binding court order to the list of “wilful or persistent conduct.”
Amends § 33.001(b) to add to the definition of “wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties” a “persistent or wilful violation of Article 17.15, Code of Criminal Procedure” (setting bail).
Amends § 33.0211 to allow a complainant to submit additional documentation supporting the complaint not later than 45 days after the date the person filed the complaint.
Adds § 33.02115 to authorize the commission to assess an administrative penalty against a person who knowingly files a false complaint.
The engrossed version adds § 33.02111 to impose a 7-year limitations period on a commission investigation, running from the date the alleged misconduct occurred or the complainant knew or should have known of the misconduct (allows the commission to investigate anyway on a finding of good cause).
The engrossed version authorizes the commission to impose administrative sanctions or penalties against a person who knowingly files a false complaint.
Amends § 33.0212 to require commission staff to conduct a preliminary investigation upon receipt of a complaint and draft recommendations for action; provide to the judge written notice of the complaint, the results of the preliminary investigation, and the staff’s recommendation; requires the staff, not later than the 10^th business day before a scheduled commission meeting, to provide a report to the commission listing each complaint for which a preliminary investigation has been conducted by that the investigation report has not been finalized, the results of the preliminary investigation, and the staff’s recommendation; requires the commission to finalize the investigation report not later than the 120^th date following the date of the first commission meeting at which a complaint appeared in the staff report and to determine any action to be taken; provide the judge with written notice of the action within 5 days of the meeting and to post notice of the action on the commission’s website within 7 days after the meeting; permits an extension by the commission of up to 240 days (current law is 270 days); eliminates the executive director’s authority to request an additional 120 days extension.
The engrossed version requires the commission, upon sanctioning a judge, to inform the governor, lieutenant governor, speaker, presiding officer of each legislative standing committee with primary jurisdiction over the judiciary, the chief justice of the supreme court, the OCA, and the presiding judge of the administrative judicial region where the court of the sanctioned judge is located.
Amends § 33.0213 to authorize the commission to issue a sanction or censure regarding a complaint that is also the subject of a law enforcement investigation, provided the commission’s investigation would not jeopardize the law enforcement investigation.
Amends § 32.022 to allow the staff to recommend the commission dismiss a complaint it finds unfounded or frivolous or to terminate an investigation if the staff determines administrative deficiencies in the complaint preclude further investigation.
The engrossed version requires the commission to conduct a prelimary investigation of a complaint involving substance abuse by a judge and present the results to commission members within 30 days of the filing of the complaint. If the commission determines that the judge’s alleged substance abuse or physical or mental incapacity brings into question the judge’s ability to perform the judge’s official duties, it must provide the judge written notice of the complaint and subpoena the judge to appear. If after the judge’s appearance at next regularly scheduled meeting the commission decides to require the judge to submit to a physical or mental examination, the commission shall suspend the judge with pay for up to 90 days and provide the judge written notice of the suspension. If after receipt of a written report by an examining physician or the physician’s deposition testimony about the report the commission determines the judge is unable to perform, it shall recommend to SCOTX suspension of the judge from office or enter into an indefinite voluntary agreement with the judge for suspension with pay until the commission determines the judge is fit to resume duties.
Amends § 33.034 to provide that if the commission issues a public reprimand based on the judge’s persistent or wilful violation of Art. 17.15, Code of Criminal Procedure, the commission shall send notice to the governor, lieutenant governor, speaker, presiding officers of the relevant legislative committees, the chief justice of SCOTX, the OCA, and the presiding judge of the relevant administrative judicial region (House version adds each judge of a constitutional county court in the geographic region in which the reprimanded judge serves).
Amends § 33.037 to require the commission to recommend a judge’s suspension to SCOTX within 21 days of initiating a formal proceeding against a judge based on Art. 17.15.
The engrossed version adds § 33.041 to direct the OCA to establish a judicial directory containing contact information for every judge and providing the commission with access thereto.
Adds § 72.0396, Government Code, to require a district court judge to submit quarterly reports to the presiding judge of the administrative region attesting to: (1) the number of hours the judge presided over the judge’s court; (2) the number of hours the judge performed judicial duties other than presiding, including case-related duties, administrative tasks, and completed continuing education. Requires the presiding judge of the region to submit the reports to OCA. Requires OCA to make an annual report to the governor, lieutenant governor, speaker, and presiding officers of the relevant committees. Directs SCOTX to adopt rules providing guidelines and instruction regarding reporting, including rules establishing a penalty for submission of false information and providing guidance on the form and manner of reporting.
Amends § 74.055(c), Government Code, to allow a retired or former judge to be listed as a visiting judge if a special court of review reviewed and rescinded a reprimand or censure, unless the judge has received more than one public sanction (excluding sanctions reviewed and rescinded by a special court of review).
The engrossed version amends § 659.012 to; (1) raise a district judge’s base salary from $140,000 to $161,000; (2) raise the additional compensation for the chief justice or presiding judge of an appellate court from $2,500 to 7 percent of the base salary of the other justices or judges of the court; (3) eliminates the current cap of $2,500 less than the base salary of a supreme court justice; (4) excludes the additional compensation from the presiding judge’s or chief justice’s combined base salary from all state and county sources for purposes of determining whether the judge’s or justice’s salary exceeds the applicable limitations in § 659.012(a)(2)-(4); (5) reconfigures the base salaries of local administrative district judges based on the number of counties in the district; and (6) entitles a business court judge who serves as an administrative presiding judge to supplemental compensation.
Amends § 665.052(b), Government Code, to add to the definition of “incomptency” a “persist or wilful violation of Article 17.15, Code of Criminal Procedure.”
Amends § 814.103, Government Code, to provide that any increase in the state base salary paid to a district judge does not apply to a standard service retirement annuity for a retiree or beneficiary if the retiree retired before 9/1/25, and the amount of the state base salary in the current appropriations bill continues to apply until the 90^th Legislature or a later legislature enacts legislation increasing the base salary, at which point this provision sunsets. Makes a similar amendment to § 834.102.
The engrossed version amends § 837.103 to: (1) authorize a retiree who resumes full-time service other than by assignment who elects to rejoin the retirement system to provide notice of the election not later than 60 days after the retiree takes the oath of office; (2) provide that a retiree who rejoins shall resume making member contributions at 9.5% of the state contribution; (3) provide that a retiree who rejoins and completes at least 24 months of resumed service, on the retiree’s retirement from resumed service, to a recomputed annuity reflecting the highest annual state salary earned by the retiree whole holding a judicial office included in the retirement system; and (4) provides that if the retiree who rejoins does not complete 24 months of resumed service, the retirement system shall resume suspended annuity payments and issue a refund of the retiree’s accumulated member contributions made during the period of resumed service.
The engrossed version raises the retirement contribution rate from 6% to 9.5%.

The House committee substitute contains the following changes to the Senate version:

Amends § 22.302(a), Government Code, to require an appellate court hearing oral argument through teleconferencing to participate in the argument from a courtroom or other state-provided facility.
Adds § 23.303, Government Code, to require the business court, a district court, or a statutory county court to hear oral argument or consider without oral argument a motion for summary judgment not later than 45 days after the date the response was filed and to file with the clerk a provide to the parties a written ruling on the motion not later than 90 days after the date of argument or consideration. Requires entry into the docket of the date the motion was considered without argument. Requires the clerk to report compliance to the OCA at least quarterly. Directs OCA to prepare an annual report of compliance, which shall be made available to the public and sent to the governor, lieutenant governor, and speaker.
Amends § 33.001(b), Government Code, to further expand the definition of “wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties” to include a failure to meet peerformance standards and clearance rate requirements, as well as failure to meet the deadlines for ruling on summary judgments.
Amends § 33.0212, Government Code, to permit the commission to order a 90-day extension if a complaint alleges multiple instances of misconduct by the judge or multiple complaints have been filed against the judge.
Amends § 33.0212(b), Government Code, to require the commission to take action on a complaint not later than 120 days (current law is 90 days) following the date of the first commission meeting at which the complaint is included in the staff report (effective January 1, 2026).
Amends § 33.022(c), Government Code, to require the commission to notify a judge of commencement of a full investigation of misconduct or disability not more than 7 business days after commencement.
Amends § 659.012, Government Code, to raise the base salary of a district judge from $140,000 to $182,000 (Senate version has $161,000).

SB 293 reported as substituted from House JCJ on 5/20.

15^TH COURT JURISDICTION

HB 5067 by Leach (R-Plano): Clarifies that no civil notice of appeal filed in a trial court shall designate that it should be assigned to the 15^th Court of Appeals unless a matter being appealed falls within the exclusive jurisdiction of the court. Included in House committee substitute for SB 2878, which was voted from House JCJ on 5/21.

New Causes of Action/Legal Duties

SB 243 by Flores (R-Austin): Authorizes a migrant agricultural worker to bring an action to enforce regulatory requirements for migrant labor housing facilities. Reduces the current minimum civil penalty from $200 to $50 per day per violation. Prohibits retaliation against a worker for filing a complaint or providing information in good faith regarding a possible violation. Postponed on 2^nd reading on 5/20.

HB 186 by Patterson (R-Frisco): Prohibits an individual younger than 18 from entering into a contract with a social media platform to become an account holder and requires a platform to verify the age of applicants for accounts using a commercially reasonable method. Requires a platform to delete a child’s account not later than 10 days after receiving a request from a parent or guardian. Provides that a knowing violation of the statute constitutes a deceptive trade practice under Ch. 17, Business & Commerce Code, and subject to action by the attorney general office’s consumer protection division. Heard in Senate State Affairs on 5/15.

HB 499 by M. Gonzalez (D-El Paso): Requires a social media platform to post a warning label on its landing pages concerning the association between a minor’s use of social media and mental health. Requires the platform to prevent the user from accessing the platform until it verifies that the user understands the warning. Passed House on 4/29.

HB 581 by Gonzalez (D-El Paso): Requires a commercial entity that operates an internet website with a publicly accessible tool for creating artificial sexual material harmful to minors to use reasonable age verification measures to ensure that users are at least 18 years of age. Further requires the entity to obtain informed consent from an individual 18 years or older if the individual is used as the source of the material. Adds a violation of the statute to the existing civil penalty authority under § 129B.006, CPRC ($10,000 per day for operation; $10,000 for retaining identifying information; $250,000 if a minor accesses sexually harmful material as a result of a violation of the age verification requirement). Passed Senate on 5/22.

HB 783 by Lalani (D-Sugar Land)/SB 2682 by Hinjosa (D-McAllen): Adds Chapter 98C, CPRC, to create a private cause of action for online impersonation with the intent to harm, defraud, intimidate, or threaten another person. Authorizes recovery of actual damages (including the impersonator’s profits), punitive damages of $500, costs, and attorney’s fees. Passed House on 5/8.

HB 989 by Toth (R-The Woodlands)/SB 505 by Bettencourt (R-Houston): Allows the Secretary of State to assess a $500 per violation against a local election official. Attorney general enforcement. SB 505 passed Senate on 4/16. SB 989 referred to House Elections on 3/6.

HB 1127 by Gamez (D-Brownsville): Creates a cause of action by a mother against a person who allegedly violated the mother’s right to breast-feed a child in any location in which the mother’s and child’s presence on the premises is otherwise authorized. Entitles prevailing mother to injunctive relief, damages up to $500 for each day of the violation, and reasonable attorney’s fees and court costs. Passed House on 4/30.

SB 1524 by Middleton (R-Galveston): Prohibits HHSC, Department of Protective Services, or a child-placing agency from inquiring about firearms present in the home. Imposes a civil penalty on a child-placing agency for violations in the amount of $5,000 per violation. Enforceable by the attorney general. Reported as substituted from House Human Services on 5/21.

SB 261 by Perry (R-Lubbock): Prohibits a person from manufacturing, processing, possessing, distributing, offering for sale, or selling cell-cultured protein. Reported as substituted from House Public Health on 5/21.

HB 1937 by Craddick (R-Midland)/SB 266 by Perry (R-Lubbock): Adds § 112.1511, Tax Code, to allow a taxpayer to sue the comptroller and attorney general to dispute the results of a managed audit. Sent to Governor on 5/13.

HB 1964 by Spiller (R-Jacksboro)/SB 1035 by Sparks (R-Midland): Creates a right of action against a political subdivision by a person aggrieved by an alleged violation in enforcing a state requirement. Authorizes declaratory and injunctive relief with costs and attorney’s fees. Signed by Governor on 5/19. Effective 5/19/25.

HB 2001 by Meyer (R-Dallas): Increases criminal penalties for insider trading if the offense results in a net pecuniary gain to the person committing the offense (up to a first degree felony if the net gain is $300,000 or more). Reported from Senate Criminal Jurisprudence on 5/21.

HB 2149 by Tepper (R-Lubbock): Authorizes a property owner to bring a declaratory judgment action against a city to enforce restrictions on the city’s ability to require an owner to comply with a non-conforming use after a zoning or boundary change. Waives governmental immunity. Heard in Senate Local Government on 5/15.

HB 2156 by Harris (R-Palestine)/SB 1008 by Middleton (R-Galveston): Largely pre-empts local regulation of food service establishments. Authorizes an aggrieved person or a trade association to bring suit against a city or county for violations. SB 1008 sent to Governor on 5/7.

HB 2248 by Smithee (R-Amarill)/SB 824/SB 852 by Middleton (R-Galveston): Makes several changes to the Open Records Act, including requiring a court to award attorney’s fees and litigation costs to an intervening requestor that substantially prevails or to whom the governmental body voluntarily releases the information, unless before suit is filed the governmental body releases the information or certifies a date and hour within a reasonable time the information will be available for inspection or duplication. Establishes a complaint process at the attorney general’s office for a governmental body’s failure to respond to a request within the statutory deadline. HB 2248 passed House on 5/7.

HB 2284 by A. Johnson (D-Dallas): Establishes a licensing process for music therapists by the Texas Commission on Licensing and Regulation. Authorizes the commission to take disciplinary action or revoke licenses for violations. Passed House on 5/12.

HB 2663 by Darby (R-San Angelo): Amends § 89.029, Natural Resources Code, to authorize the RRC to impose an administrative penalty of up to $25,000 $10,000 per violation if an operator seeking an extension of the deadline for plugging an inactive well affirms that it has terminated electric service and removed all equipment associated with electric service (except equipment owned by an electric utility) from the production site but hasn’t done so. Passed Senate on 5/19.

HB 2826 by Cain (R-Houston)/HB 3661 by Swanson (R-Spring)/SB 2044 by Bettencourt (R-Houston): Prohibits a person from using school resources for electioneering. Makes it a criminal offense to violate the statute or fail to report a violation. Authorizes the State Board of Educator Certification to impose sanctions, including an administrative penalty of up to $10,000 and revocation of a person’s certification. SB 2044 reported as substituted from Senate State Affairs on 5/5.

HB 2963 by Capriglione (R-Southlake)/HB 3682 by Luther (R-Tom Bean)/SB 2428 by Hall (R-Edgewood): Adds Chapter 121, Business & Commerce Code, to require a manufacturer of digital electronic equipment (with specified exceptions) to within a year of the first sale of the equipment make available to an independent repair provider or the owner of the equipment, on fair and reasonable terms, documentation, replacement parts, and tools necessary to diagnose, maintain, or repair the equipment. Applies to digital electronic equipment sold to or used by consumers in Texas at retail of at least $50 that requires a non-warranty repair. Does not apply to:

Use in critical infrastructure;
Motor vehicle manufacturers (conditionally);
Farm equipment manufacturers (conditionally);
Medical devices (conditionally);
Aerospace, airplanes, and trains;
Commercial and industrial electrical equipment;
Home appliances;
Safety-related communications;
Anything sold to or involving business or governmental entities;
Anything not available to authorized repair providers or to manufacturers themselves; or
Source code.

Confers immunity from liability to the manufacturer for damage to the equipment, an individual, or other property resulting from the repair, diagnosis, maintenance, or modification of the equipment by an independent repair provider that uses the documentation, parts, and tools provided by the manufacturer. Provides immunity from liability to the manufacturer for reasonably necessary to protect user privacy, data, or digital safety. Provides immunity from liability to the manufacturer for a data security or privacy breach caused by an independent repair provider or owner. Attorney general enforcement under the DTPA for injunctive relief, attorney’s fees, and costs. Provides for notice and a right to cure. No private right of action. HB 3682 does not contain any exemptions and permits a private cause of action. HB 2963 heard in Senate B&C on 5/15.

HB 2976 by Cain (R-Houston)/SB 1484 by A. Hinojosa (R-Brownsville): Requires a food service establishment that sells catfish to represent and identify that the product contains catfish and not another similar fish. Authorizes DHS, a public health district, or a county to impose an administrative penalty based on a sliding scale according to gross annual food sales. Also imposes a civil penalty in the same amounts, enforceable by the attorney general or the district or county attorney. SB 1484 heard in House Trade on 5/14.

HB 3225 by Alders (R-Tyler): Imposes a civil penalty on municipal libraries for failing to review, remove, or relocate certain sexually explicit material to make them inaccessible to minors of $10,000 per violation plus loss of local or state funding. Enforceable by the attorney general with attorney’s fees and costs. Heard in Senate State Affairs on 5/15.

HB 3229 by Lambert (R-Abilene): Requires a recycler of components of wind turbine generator, solar energy device, or battery energy storage system accepted by the facility but not yet recycled to report specified information and financial assurance to TCEQ. Authorizes TCEQ to impose an administrative penalty for violations. Passed Senate on 5/19.

HB 3318 by King (R-Canadian)/SB 984 by Bettencourt (R-Houston): Requires informed consent by an eligible patient to obtain access to an individualized investigational treatment. Does not create a private cause of action. SB 984 passed House on 5/20.

HB 3372 by Metcalf (R-Conroe): Prohibits a school administrator from performing personal services or receiving a financial benefit from a business or education entity that conducts or solicits business from the school district or for another district, open-enrollment charter school regional education service center, or public or private institution of higher education. Imposes a $10,000 civil penalty for a violation. Heard in Senate Education on 5/22.

HB 3491 by Toth (R-The Woodlands)/SB 505 by Bettencourt (R-Houston): Establishes a process to address alleged election irregularities. Request may be made by candidate, county or state chair of political party, presiding judge, alternate presiding judge, or head of specific-purpose political committee that support or opposes a ballot measure. Provides for an audit and investigation by the SOS. Authorizes the SOS to appoint conservator to oversee elections for two federal election cycles. Authorizes SOS to assess a civil penalty of $500 per violation. Attorney general enforcement. SB 505 heard in House Elections on 5/15.

HB 3611 by Curry (R-Waco): Raises the civil penalty for the placement of “or whose commercial advertisement is placed” on a sign on the public right-of-way to $1,000 for a first violation, $2,500 for a second violation, and $5,000 for a third or subsequent violation. HB 3611 passed Senate on 5/19.

HB 3694 by Raymond (D-Laredo): Adds Chapter 121, Business & Commerce Code, to require a covered platform (defined as a website, online service, app, or mobile app that is publicly accessible, provides a forum for user generated content, and engages in the business of publishing, curating, hosting, or making available intimate visual depictions), to establish a process by which an identifiable individual may notify the platform of nonconsent and submit a request for removal. Requires the platform to make specified disclosures. Requires the platform to remove the complained of content within 48 hours, along with any copies. Makes a violation subject to the DTPA. Amends § 21.165, Penal Code, to broaden the definition of deep fake media to include software, machine learning, or AI-generated sexually explicit material. Makes it an offense to depict a person with visible computer-generated intimate parts with the visual intimate parts of another human being as the intimate parts of the person, or engaging in sexual conduct in which the person did not engage. Requires consent to be written. Creates a state jail felony offense, which raises to a third degree felony in the case of a minor or a prior offense. Passed House on 5/16.

HB 3711 by Capriglione (R-Southlake): Makes a violation of the Open Meetings Act by a county or city officer or school district board of trustees members an offense against public administration. Referred to Senate Local Gov on 5/5.

HB 3787 by Lujan (R-San Antonio): Prohibits a person from selling, distributing, or offering for sale a counterfeit or unsafe lighter. Imposes civil penalties for knowing violations of $100,000 for a manufacturer, $25,000 for retailers, and $500 for any one else. Attorney general enforcement for injunctive relief and civil penalties. Passed House on 5/10.

HB 3805 by Lambert (R-Abilene): Authorizes the banking commissioner to remove or prohibit a current or former key employee of a money services licensee from office or employment or from control or participation in the business under certain circumstances. Reported from Senate B&C on 5/15.

HB 3806 by Lambert (R-Abilene): Prohibits a state trust company, during a period of supervision, from engaging in any activity determined by the banking commissioner to threaten the safety and soundness of the company. Reported from Senate B&C on 5/15.

HB 3809 by Darby (R-San Angelo): Establishes standards for battery energy storage agreements. Voids an agreement from waiving a right or exempt a grantee from a liability or duty imposed by statute. Authorizes a person harmed by a statutory violation to seek appropriate injunctive relief. Establishes required agreement provisions for the removal of the facility that impose on the grantee specified duties owed to the landowner. Requires an agreement to include specified financial security provisions providing financial assurance at least equal to the cost of removing the facilities from the landowner’s property, recycling or disposing of the components, and restoring the property to its prior condition. House concurred in Senate amendments on 5/19.

HB 4041 by Morales (D-Eagle Pass): Authorizes the RRC to assess an administrative penalty against a propane distribution system retailer not to exceed $1,000 per day. Passed House on 4/30.

HB 4061 by Patterson (R-Frisco)/SB 2056 by Hancock (R-North Richland Hills): Adds Chapter 604B, Business & Commerce Code, to prohibit certain practices by credit card issuers with more than $85 billion in assets. Prohibits certain practices by a credit card network. Authorizes the attorney general to investigate violations in the same manner as an antitrust violation. Authorizes the attorney general to file suit for a civil fine of $300,000 for an individual violater and $30 million for a violater with a market cap or assets of $500 million or more. Authorizes injunctive relief. Does not create a private cause of action. SB 2056 placed on Senate Intent on 5/12.

HB 4087 by Hayes (R-Denton)/SB 1626 by Hughes (R-Tyler): Amends § 143A.007(b), CPRC, to entitle a social media platform user to recover either actual damages or, at the user’s election, statutory damages of $100,000 if the user’s expression was censored, or $1,000 if the user’s ability to receive another person’s expression was censored. SB 1626 voted favorably from House State Affairs on 5/15.

HB 4281 by McQueeney (R-Fort Worth): Adds Chapter 100B, CPRC, creates a private cause of action for fraudulent crowdfunding. Directs a court to award a prevailing claimant 125 percent of the amount of donations the defendant collected on behalf of the claimant. Heard in Senate State Affairs on 5/22.

SB 2420 by Paxton (R-McKinney): Adds Chapter 121, Business & Commerce Code, to require the owner of an app store to use age verification before creating an account (establishes 4 5 age tiers, “child,” “younger teenager,” “older teenager,” “adult”). Requires the owner to require the minor’s account to be affiliated with a parent account, for which the owner must verify the parent’s age and legal authority to make a decision for the minor. Requires parental consent through the affiliated parent account for a minor to open an account or download or or purchase an app or make a purchase in or using an app. Requires the owner to obtain consent for each individual download and notify the developer if a parental consent is revoked through the affiliated parental account. Allows the owner to use any reasonable means to disclose to the parent or guardian the specific app for which consent is sought, the age rating, the specific content that led to the rating, the nature of any use or collection of personal data, and any measures taken to protect personal data. Requires the owner to give a parent or guardian a clear choice to give or withhold consent. Requires the owner to notify any individual who has given consent of any change in the app and obtain consent for the minor’s continued use of the app. Exempts from the consent requirements apps that (1) provide a user with direct access to emergency services, a critical hotline, or emergency assistance services legally available to a minor, (2) limit data collection to information collected to comply with the Children’s Online Privacy Protection Act and necessary for the provision of emergency services; (4) allow users to access and use the app without an account, and (4) is operated by a governmental entity, nonprofit organization, or authorized EMS provider. Further exempts apps operated by a nonprofit organization that develops, sponsors, or administers a standardized test for college admissions and certain public education apps. Requires an app store owner to display for each software application available for download and purchase an age rating and the specific content associated with the rating. Requires the owner to allow the developer to access current information related to the age category assigned to each user and whether consent has been obtained for a minor. Requires the owner to protect personal data. Specifies that an owner violates the statute by: (1) enforcing a contract entered into a minor without consent; (2) knowingly misrepresenting information to parents or guardians; (3) obtaining blanket consent to authorize multiple downloads or purchases; or (4) sharing or disclosing personal data except as required by other law. Protects an owner from liability for certain violations if the owner uses widely adopted industry standards to verify age and to obtain parental consent and applies the standards consistently and in good faith. Requires a developer of a software application to designate an age rating for each app, to provide each rating and the specific content associated with the rating to app stores, to notify an app store of significant changes in the terms of service or privacy policy, to provide a readily available feature for a parent or guardian to monitor and limit a minor’s use of the app, to create and implement an age verification system (4 tiers) using information provided by the app store owners and to determine whether consent has been obtained. Limits use of personal data by a developer. Specifies that developer violates the statute by: (1) enforcing a contract entered into a minor without consent; (2) knowingly misrepresenting information to parents or guardians; or (3) sharing or disclosing personal data except as required by other law. Protects an developer from liability for certain violations if the owner uses widely adopted industry standards to determine the age rating and specific content and applies the standards consistently and in good faith. Further protects a developer from liability if the developer relief in good faith on age category and consent information received from the app store owner and otherwise complied with the statute. Violations fall under the DTPA. Enforceable by the attorney general with attorney’s fees and costs. Creates a private cause of action for actual damages, punitive damages, injunctive relief, and costs and attorney’s fees. SB 2420 sent to Governor on 5/15.

HB 4327 by Moody (D-El Paso): Amends § 74.004(b), CPRC, to expand eligible claimants in a wrongful death action to include the siblings of the deceased. Passed House on 5/15.

HB 4313 by Bell (R-Magnolia)/SB 2235 by Bettencourt (R-Houston): Prohibits a political subdivision from charging a fee to fund a climate or environmental project, including a project to reduce the amount of pollutants reaching the environment. SB 2235 referred to Senate Local Government on 3/35. HB 4313 reported as substituted from House Intergovernmental Affairs on 5/1.

SB 2368 by Campbell (R-San Antonio): Imposes a $1 million per violation penalty for the submission of false or incomplete information to ERCOT by a business entity seeking certification as a market participant (foreign entities). SB 2368 reported from House State Affairs on 5/19.

HB 4623 by Little (R-The Colony): Adds Chapter 118, CPRC, to hold a public school that is negligent in hiring, supervising, or employing a professional school employee liable for sexual misconduct or failure to report suspected child abuse or neglect. [, or any other negligent, reckless, knowing, or intentional act or omission resulting in injury or death to a student. Requires the employee to be named in the lawsuit. Makes the school jointly and severally liable. Entitles a prevailing claimant to recover actual damages up to $500,000, costs, and attorney’s fees. , as well as punitive damages. Waives governmental and official immunity to the extent of liability created by the statute. Bars the employee from asserting official immunity. Heard in Senate Education on 5/22.

HB 4723 by Schofield (R-Katy): Prohibits a person doing business in Texas from using ESG scores. Imposes a civil penalty of $1,000 per day per individual assigned an ESG score. Attorney general enforcement with attorney’s fees and costs.

HB 4726 by Schofield (R-Katy)/SB 2624 by Creighton (R-Conroe): Bars an organization from providing homeless services within 1,000 feet of a school, residential area, or public park. License revocation for violations. Senate version applies to a location within 1.5 miles of a school, higher ed institution, or playground. SB 2624 pending Senate Ed on 4/8.

HB 130 by Bonnen (R-Friendswood): Prohibits a medical facility, research facility, company, or nonprofit organization from using a genome sequencer or software produced by or on behalf of a foreign adversary, state-owned enterprise of a foreign adversary, company or organization domiciled in such a country, or an owned and controlled sub or affiliate domiciled in such a country. Requires storage of genome sequencing data of Texas residents in the US and imposes certain security requirements. Authorizes the attorney general to investigate alleged violations. Imposes a civil penalty of $10,000 per violation. Enforceable by the attorney general with costs and attorney’s fees. Creates a private cause of action by a Texas resident for the greater of actual damages or statutory damages of at least $5,000 per violation, with recovery of attorney’s fees and costs. HB 130 passed Senate on 5/19.

HB 5505 by Morales (D-Houston): Requires a city with a population of two million or more to adopt an ordinance requiring that the construction of a new multiunit complex be compatible with the connection of a backup generator. Imposes a civil penalty of up to $50,000 for noncompliance.

HB 5612 by C. Bell (R-Magnolia)/SB 3016 by Creighton (R-Conroe): Allows any person or a nonprofit trade association who has sustained an injury in fact from a city or county ordinance standing to sue the city or county. Authorizes the attorney general to investigate an alleged violation by a city or county. Provides that if the attorney general prevails in a lawsuit, the defendant may not raise taxes for five years or receive state funds, and is also liable for a penalty. Preempts all city or county ordinance power in the absence of express statutory authorization. Passed Senate on 5/8.

SB 3 by Perry (R-Lubbock): Adds § 443.1035, Health & Safety Code, to require a manufacturer of a consumable hemp product to obtain a license. Prohibits the manufacture of a consumable hemp product that contains any amount of a cannabinoid other than cannabidiol or cannabigerol. Requires testing of consumable hemp products. Requires the owner of a location which sells consumable hemp products to register with the department. Requires a manufacturer to register a consumable hemp product with the department before offering the product for sale. Makes it a criminal offense to sell an unregistered product. Makes it a DPTA violation to sell a product that contains any amount of a cannabinoid other than cannabidiol or cannabigerol or the product’s packaging or advertising indicates that the product is for medical use. Makes it a criminal offense to market, advertise, or sell an edible consumable hemp product packaged in a manner attractive to minors. Prohibits misleading packaging. Makes it a third degree felony to knowingly manufacture, deliver, or possess with intent to deliver a consumable hemp product that contains any amount of a cannabinoid other than cannbidiol or cannabigerol. Makes possession a Class misdemeanor. Makes it a criminal offense to manufacture or sell a consumable hemp product for smoking. Makes it a criminal offense to sell a product near a school. Makes it a Class A misdemeanor to deliver illegal consumer hemp products by mail, delivery, or courier. Makes if a criminal offense to falsify a lab report. Makes it a criminal offense to manufacture or sell a product with a license or registration. Authorizes license revocation and administrative penalties of up to $10,000 against a license holder or registrant. Passed House on 5/22.

HB 5460 by Shofner (R-Nacogdoches): Bars county libraries, library districts, or multi-jurisdictional library districts from displaying sexually explicit material.

SB 19 by Middleton (R-Galveston)/HB 3257 by Olcott (R-Aledo)/HB 3615 by Schatzline (R-Fort Worth)/HB 4860 by Patterson (R-Frisco): Authorizes a taxpayer or resident to sue a political subdivision for injunctive relief if the entity uses public funds for lobbying. Entitles a prevailing taxpayer to attorney’s fees and costs. Reported from Senate State Affairs as substituted on 3/5. HB 3257 referred to House State Affairs on 3/20. HB 3615 referred to House State Affairs on 3/25.

SB 40 by Huffman (R-Houston): Prohibits a political subdivision from using taxpayer funds to pay a nonprofit organization that uses contributions from the public to post a defendant’s bail bond. Authorizes a taxpayer or resident to sue for injunctive relief, costs, and attorney’s fees. Passed House on 5/20.

SB 127 by Hall (R-Edgewood): Applies a four-year statute of limitations to a professional who fails to report child abuse or neglect under § 261.101, Family Code (defined as a teacher, doctor, day-care employee, other health care facilities and providers, and others). Reported from House Criminal Jurisprudence on 5/19.

SB 239 by Middleton (R-Galveston)/HB 309 by Leo-Wilson (R-Galveston)/HB 1189 by Troxclair (R-Austin)/HB 1294 by Patterson (R-Frisco): Prohibits taxpayer-funded lobbying. Authorizes a taxpayer to bring suit to enjoin a violation and recover costs and attorney’s fees. SB 239 referred to Senate State Affairs on 2/3. HB 309 referred to House State Affairs on 2/28. HB 1189 referred to House State Affairs on 3/7. HB 1294 referred to House State Affairs on 3/10.

SB 315 by Kolkhorst (R-Brenham): Grants an individual an exclusive property right in the individuals’ unique DNA. Prohibits a person, absent written informed consent from the individual, from collecting a DNA sample, performing a genetic test on the DNA sample, retaining a DNA sample, or alter or modifying an individual’s DNA. Does not apply to emergency medical treatment, determination of paternity, law enforcement purposes, or any other similar use under the laws of Texas or another jurisdiction. Imposes a civil penalty for violations, enforceable by the attorney general with attorney’s fees and costs. Imposes a criminal penalty (Class B misdemeanor). Heard in House Trade on 5/14.

SB 317 by Creighton (R-Conroe)/HB 3227 by Gerdes (R-Smithville): Regulates the removal of statutes or other memorials from state or local government property. Establishes a complaint procedure for alleged violations by local governments. Attorney general enforcement for equitable relief and civil penalties up to $25,500. Waives sovereign immunity. Reported from Senate Economic Development on 4/28. HB 3227 reported as substituted from House Recreation on 5/12.

SB 405 by Middleton (R-Galveston)/HB 3592 by Phelan (R-Beaumont): Adds § 253.044, Election Code, to cap contributions from out-of-state contributors at $5,000 for statewide office; $2,500 for district offices, and $1,000 for county offices. Bars a PAC from making a contribution if in the preceding reporting period more than 50% of the PAC’s contributions came from persons with principal addresses outside of the state. Imposes a civil penalty for violations for three times the amount of the illegal contribution. Enforceable by the Ethics Commission. Referred to Senate State Affairs on 2/3. HB 3592 passed House on 5/14.

SB 512 by Kolkhorst (R-Brenham): Prohibits a licensed money services business from including in its terms of service a fine or penalty for a violation of the terms of service. Provides that a violator is liable to the state for three times the fine or penalty imposed by the licensee. Authorizes the attorney general to enforce the statute and recover court costs and attorney’s fees. Reported from House Pensions on 5/21.

SB 578 by West (D-Dallas): Requires a housing development that receives an allocation of low income housing tax credits to install and maintain operable exterior surveillance cameras. Passed Senate on 4/2.

SB 584 by West (D-Dallas): Amends § 20.05, Business & Commerce Code, to require a consumer reporting agency that prepares a consumer report using information obtained from another consumer reporting agency or a third party has been compiled and furnished as required by § 20.05. Heard in House Trade on 5/14.

SB 618 by Sparks (R-Midland)/HB 2773 by Leach (R-Plano): Imposes new civil penalties on election officials for altering election results. Enforceable by the attorney general. SB 618 received in House on 4/25. HB 2773 heard in House Elections on 4/9.

SB 673 by Hughes (R-Tyler): Prohibits cities from prohibiting an owner of certain lots from building an accessor dwelling unit. Creates a cause of action for appropriate equitable relief to Directs the court to award the prevailing claimant costs and attorney’s fees. Waives sovereign immunity. Reported as substituted from House LRM on 5/13.

SB 782 by King (R-Weatherford)/HB 3159 by Darby (R-San Angelo): Authorizes a severance tax exemption for oil and gas produced from restimulation wells. Imposes a civil penalty of $10,000 plus the difference between the amount of taxes due and the amount paid if a person claims the exemption with knowledge that the person is ineligible. Attorney general enforcement. HB 3159 passed House on 5/15.

SB 840 by Hughes (R-Tyler): Mandates that a city or county allow the development of certain multifamily and mixed-use development projects and the conversion of commercial buildings to mixed-use and multifamily residential occupancy. Bars certain fees for permit applications (including parkland dedication), certain requirements in an application (e.g., traffic impact, parking, etc.), and impact fees. Allows a city to apply STR regulations on short-term rental units to a converted building. Applies to a city with a population greater than 60,000 that is located in a county with a population of more than 420,000 and a county with a population of more than 420,000. Creates a cause of action against a city or county for violations with recovery of nominal and compensatory damages, costs and attorney’s fees, and injunctive relief. Gives the 15^th Court of Appeals exclusive jurisdiction over the action. Further provides that the attorney general may bar a city or county from raising any new tax revenue for three years. Waives sovereign immunity. Passed House on 5/21.

SB 844 by Hughes (R-Tyler)/HB 24 by Orr (R-Hillsboro): Establishes a procedure for a property owner to protest a city’s proposed change to a zoning regulation or district boundary that makes residential development more restrictive than the prior regulation. Creates a cause of action for declaratory and injunctive relief to compel a city to adopt a regulation that does not restrict residential development. Directs the court to ensure that its judgment is implemented and awards the prevailing claimant costs and attorney’s fees. Further provides that the attorney general may bar a city or county from raising any new tax revenue for three years. Waives sovereign immunity. SB 844 reported from House LRM on 5/6. HB 24 reported as substituted from Senate Local Government on 5/19.

SB 880 by Kolkhorst (R-Brenham)/HB 2285 by Bonnen (R-Friendswood)/HB 3386 by Gamez (D-Brownsville)/HB 4960 by Phelan (R-Beaumont): Amends § 251.001, Election Code, to add to the definition of political advertising a “mass text message campaign” (defined as sending a text message to multiple recipients that involves the expenditure for the messages that exceeds the cost of hardware, messaging software, and bandwidth). Subjects a mass text message campaign to civil penalties for noncompliance with the disclosure requirements on political advertising. Raises the civil penalty from $4,000 to $10,000 for noncompliance with disclosure requirements on all political advertising. Provides that each individual text in a mass text message campaign constitutes a separate violation. Referred to Senate State Affairs on 2/13. HB 4960 passed House on 5/2.

SB 946 by Hughes (R-Tyler): Prohibits a lender from denying an organization credit based on the organization’s social credit score, DEI, or involvement with religion, guns, “free-speech” social media platforms, or fossil fuels. Vote failed in House State Affairs on 5/15.

SB 961 by Kolkhorst (R-Brenham): Among other new Medicaid verification requirements, makes it unlawful for a person to file claim under a state health program without indicating the type of license held by a health care provider that actually provided the service. Reported as substituted from House Human Services on 5/20.

SB 1005 by Middleton (R-Galveston)/HB 1554 by Capriglione (R-Southlake)/HB 5602 by Troxclair (R-Austin): Bars a governmental entity from using public funds for the provision of legal services in a removal or other immigrant-related civil proceeding involving an individual unlawfully in the United States. Referred to Senate State Affairs on 2/24. HB 1554 reported from House State Affairs on 5/6.

SB 1036 by Zaffirini (D-Laredo): Adds Chapter 1806, Occupations Code, to provide for the registration and regulation of solar retailers and salespeople. Imposes civil and administrative penalties of up to $100,000. Applies the DTPA to violations. Creates a private cause of action without requiring exhaustion of administrative remedies. Set on House Calendar on 5/21.

SB 1065 by Hall (R-Edgewood): Imposes a civil penalty of up to $1,500 for a first violation and $10,000 for subsequent violations on a contractor who uses property owned or leased by a governmental entity and prohibits a licenseholder from possessing a firearm on the premises. Allows any resident of the state to file a complaint with the attorney general against a contractor. Allows the attorney general to recover costs and attorney’s fees. Requires governmental contracts to include a provision barring a contractor from prohibiting entry to property to a licenseholder. Reported favorably from House State Affairs on 5/20.

SB 1224 by Sparks (R-Midland)/HB 2206 by Bumgarner (R-Flower Mound): Makes a school superintendent criminally liable for failing to notify law enforcement within 48 hours of becoming aware that an educator is alleged to have committed sexual misconduct with a student. SB 1224 passed Senate on 5/5.

SB 1254 by Zaffirini (D-Laredo): Provides that licensed provider of professional employer services’s status as employer of a covered employee continues until the expiration of 18 months after the license expiration date. Provides that if the license holder fails to renew its license prior to the expiration of the 18-month period, its status as an employer of a covered employee terminates and the license holder is subject to disciplinary action if it engages or offer services at any time after expiration of the license. Set on House Calendar on 5/21.

SB 1299 by Campbell (R-San Antonio)/HB 2892 by A. Hernandez (D-Houston): Bars a state or local governmental entity from requiring an individual or nonprofit organization to disclose membership lists, volunteer lists, donor lists, or personal affiliations or to otherwise compel release of that information, except under limited circumstances. Creates a private cause of action for injunctive relief, statutory damages of $2,500 per violation, treble damages for intentional violations, court costs, and attorney’s fees. Waives governmental immunity. Makes a violation a Class B misdemeanor. SB 1299 reported from House State Affairs on 5/6. HB 2892 reported as substituted from House State Affairs on 5/6.

SB 1310 by Cook (D-Houston): Requires a senior independent living community to prepare, implement, and annually update a written emergency response plan with specified components, file the plan with HHSC, provide the plan to each resident and resident’s family members, and post certain conspicuous notices in common premises in the community. Bars a community from inhibiting or prevent a resident from communicating health and safety concerns to third parties or from speaking to law enforcement, family, or other third parties about those concerns in a common area. Imposes a civil penalty of $500 per violation. Enforcement by the attorney general at HHSC’s request. Passed Senate on 5/14.

SB 1313 by Cook (D-Houston): Makes it a criminal offense (Class B misdemeanor) for a retailer to use certain images, symbols, or decorative components to sell, market, or advertise cigarettes, e-cigarettes, or tobacco products. Reported from House Public Health on 5/19.

SB 1314 by Cook (D-Houston): Expands the definition of e-cigarettes for regulatory purposes to an e-cigarette product that does not contain nicotine. Passed Senate on 4/16.

SB 1316 by Cook (D-Houston): Adds e-cigarettes to the current restrictions on the location of advertising of tobacco products. Signed by Governor on 5/21. Effective 9/1/25.

SB 1460 by Campbell (R-San Antonio): Requires each state agency with licensing authority (including the State Bar) to delay the issuance or renewal of a license pending resolution of an ethics violation or violations by the TEC. Requires the agency to deny an application or impose appropriate sanctions until the violation is resolved. Pending on Senate B&C on 4/24.

SB 1652 by Zaffirini (D-Laredo)/HB 3458 by Patterson (R-Frisco): Adds Chapter 206, Business & Commerce Code, to prohibit a pet store from selling a dog or a cat. Authorizes a pet store to provide space for specified nonprofit entities to “showcase dogs and cats owned by the entities for the purpose of adoption.” Bars a pet store from having an ownership in dogs or cats offered for adoption or receiving a fee for providing space. Imposes a civil penalty of $500 per day for each dog or cat sold or offered for sale in violation of the statute. Attorney general enforcement. SB 1652 heard in Senate B&C on 5/1. HB 3458 set on House calendar on 5/15.

SB 1698 by Parker (R-Flower Mound)/HB 3772 by Craddick (R-Midland): Adds Chapter 161, Health & Safety Code, to regulate the manufacture, importation, distribution, wholesaling, or retailing of e-cigarettes. Establishes a registry maintained by comptroller. Requires an out of state manufacturer who is not registered to conduct business in Texas to have a registered agent in the state. Requires a manufacturer to post a surety bond for the payment of fines, penalties, and the cost of seizure, destruction, and disposal of contraband e-cigarettes. Requires a directory of all retail sellers of e-cigarettes. Provides audit authority and civil penalty authority. Imposes civil penalties for each e-cigarette sold or offered for sale in violation of the statute. Enforcement by the attorney general with recovery of attorney’s fees and costs. Makes a violation of the statute a DTPA violation. Authorizes the comptroller to impose administrative sanctions, including permit suspension or revocation. Creates a criminal offense for false representation of information on a certification form (Class B misdemeanor). SB 1698 reported as substituted from Senate State Affairs on 5/5. HB 3772 heard in House Public Health on 4/28.

SB 1806 by Sparks (R-Midland)/HB 3707 by Craddick (R-Midland): Among other things, makes it a criminal offense if a person continues using a disposal well or begins drilling a disposal well or converting an existing well into a disposal well without first obtaining a permit. Ranges from a third to first degree felony based on the total value of the oil and gas waste disposed of. Signed by Governor on 5/19. Effective 9/1/25.

SB 1851 by Nichols (R-Jacksonville)/HB 4097 by Harris (R-Palestine): Authorizes a person to file a complaint with the attorney general of a suspected violation of requirements that a city perform an annual audit and file a financial statement. Authorizes the attorney general, on a finding of a violation, to bar the city from adopting a property tax rate that exceeds the no-new revenue tax rate. SB 1851 reported from House IGA on 5/9. HB 4097 reported from House IGA on 5/5.

SB 1865 by Eckhardt (D-Austin)/HB 4089 by Flores (D-Austin): Makes it a DTPA violation to sell or offer for sale as an electric bicycle a vehicle equipped with an electric motor that does not meet relevant statutory definitions of “electric bicycle.” Referred to Senate Transportation on 3/17. HB 4089 heard in House Transportation on 5/8.

SB 1960 by Schwertner (R-Georgetown)/HB 3950 by Hunter (R-Corpus Christi): Provides that an individual or other right holder has a right to authorize the use of the voice or visual likeness of the individual in a digital replica. Provides that the right is to property, is licensable, and may be passed by inheritance. Prohibits unauthorized uses. Requires online service providers to designate an agent to receive notice of violations and to remove or disable unauthorized replicas. Bars the manufacture, import, sale, provision, or distribution to the public a product or service primarily designed to produce unauthorized digital replicas. Permits the registration of post mortem rights. Creates a private cause of action against a person who violates or threatens to violate the statute for injunctive relief, statutory damages ranging from $5,000 to the sum of actual damages and profits attributed to the unauthorized use. Authorizes the award of punitive damages for a wilful violation with malice, fraud, knowledge, or wilful avoidance of knowledge. Limits the liability of an online service provider to $1 million under certain circumstances. Entitles a prevailing party to attorney’s fees. Creates an additional cause of action by an online service provider against a violator for the greater of $5,000 or actual damages, court costs, and attorney’s fees. SB 1960 heard in House JCJ on 5/21. HB 3950 referred to House JCJ on 3/27.

SB 2024 by Perry (R-Lubbock)/HB 5053 by Leach (R-Plano): Expands the definition of e-cigarette product to include a substance that does not contain nicotine. Prohibits an e-cigarette product from being marketed in a product shape or design disguised to appear as an alternative product. Bars marketing a product made in China. SB 2024 voted from House Public Health on 5/15.

SB 2221 by Parker (R-Flower Mound)/HB 5377 by Lambert (R-Abilene): Raises the penalty for filing a fraudulent financing statement to the greater of $10,000 (currently $5,000) or actual damages caused by the violation. Authorizes a debtor identified in a financing statement to file an affidavit stating the impermissibility of the statement. Directs the filing office to terminate the financing statement and notify the secured parties. Allows a secured part to bring an action against the debtor seeking a determination of whether the debtor was entitled to file the statement. Immunizes from liability the filing office and an employee of the filing office for the termination or amendment of a financing statement in the lawful performance of its duties. Prohibits a regulated lending institution from controverting a debtor’s affidavit. SB 2221 reported from House Trade on 5/19.

SB 2233 by Hinojosa (R-Brownsville): Requires an institution of higher education to suspend or kick out a student or employee with a nonimmigrant visa who publicly supports terrorist activity related to ongoing conflict. Further requires the institution to report a suspension, expulsion, or termination. Attorney general enforcement for a fine of up to 1% of the institution’s annual budget. Placed on Senate Intent on 5/19.

SB 2340 by Schwertner (R-Georgetown)/HB 4716 by Hopper (R-Decatur)/HB 4852 by Oliverson (R-Cypress): Gives the attorney general authority to investigate the management of foreign entities. Requires a foreign entity to respond to an AG request for records within a certain period of time. Creates a criminal offense for withholding, destroying, altering, or falsifying a record. Imposes a fine of up $5,000 plus jail time. SB 2340 referred to House State Affairs on 5/12.

SB 2371 by Nichols (R-Jacksonville)/HB 4853 by Perez (D-Houston): Requires a service technician who discovers a skimmer in or on an electric terminal to notify the financial crimes intelligence center and the merchant. Requires the merchant to disable the terminal, notify law enforcement and the center, and take appropriate measures to protect the terminal from tampering until the skimmer is removed. Requires a merchant to cooperate with an investigation of a skimmer at the merchant’s place of business. Imposes a civil penalty of up to $5,000 per day for violations. Attorney general enforcement, with attorney’s fees and costs. Creates a criminal offense. SB 2371 Senate concurred in House amendments on 5/14.

SB 2373 by Johnson (D-Dallas): Adds Chapter 100B, CPRC, to create a cause of action for damages resulting from a knowing violation of artificially generated media or a phishing communication for the purpose of financial exploitation. Entitles a prevailing claimant to actual damages (including mental anguish and the defendant’s profits) and court costs and attorney’s fees. Also imposes a civil penalty of up to $1,000 per day. Enforceable by the attorney general. Creates a criminal offense. Reported as substituted from House DOGE on 5/21.

SB 2396 by Huffman (R-Houston)/HB 3120 by Kitzman (R-Pattison): Requires residential child detention facilities to do criminal background checks on applicants, consultants, contractors, interns, and volunteers. Requires a facility to enter into an MOU with the county commissioners court imposing certain duties. Failure to conduct a background check renders the facility ineligible for state funding until the state conducts an audit. HB 3120 passed House on 5/6. SB 2396 referred to Senate Local Government on 3/25.

SB 2610 by Blanco (D-El Paso): Adds Chapter 542, Business & Commerce Code, to make a business entity liable for a breach of system security to a person whose sensitive personal data was stolen and who suffered economic harm as a result. Shields a business entity that implements reasonable cybersecurity controls, as specified in the statute. Reported from House DOGE on 5/21.

SB 2742 by Hagenbuch (R-Denton): Imposes a civil penalty of up to $1,000 per violation on a school official or employee who violates the prohibition of using state or local funds for electioneering. Enforceable by the attorney general, with attorney’s fees and costs. Waives sovereign immunity. Imposes a civil penalty of between $1,000 and $1,500 if an officer of employee of a political subdivision enages in illegal electioneering. AG enforcment, with attorney’s fees and costs. Waives sovereign immunity. Passed Senate on 4/30.

SB 2881 by Hughes (R-Tyler): Requires a digital service provider to create access and communications controls for user accounts of known minor users. Heard in House Trade on 5/21.

SB 2943 by Hagenbuch (R-Denton): Prohibits a state licensing agency from adopting a rule that limits an applicant’s ability to get a license based on a sincerely held religious belief or burdens an applicant’s free exercise. Enforcement by defense in an administrative hearing, a Chapter 37 dec action, or a suit for injunctive relief. Passed Senate on 5/13.

Tort Liability

HB 15 by Meyer (R-Dallas)/SB 29 by Hughes (R-Tyler): Defines a “national stock exchange” to include a Texas stock exchange approved by the securities commissioner. Attempts to limit judicial decisions or laws of other states affecting the statute. Provides that a decision by a corporate manager to disregard other state laws or judicial decisions does not constitute or imply a breach of the statute. Allows corporate documents to specify that Texas courts shall serve as the exclusive forum and venue for internal entity claims. Allows the governing documents of a domestic entity to contain an enforceable waiver of the right to a jury trial concerning any internal entity claim. Authorizes a corporation to petition a court to hold an evidentiary hearing to determine whether the directors appointed to the committee are independent and disinterested. Requires the court to hold a preliminary hearing within 10 days after notice to shareholders to determine appropriate legal counsel and to hold the substantive hearing promptly. Establishes a presumption that directors and officers act in good faith, on an informed basis, in furtherance of the interests of the corporation, and in obedience to the law. Provides that if a corporation has a class or series of voting shares listed on a national exchange (or has affirmatively elected to be governed by the presumption of good faith), neither the corporation nor its shareholders have a cause of action against a director or officer for breach of duty. Limits a cause of action for an act or omission of an officer or director to a claim that rebuts the elements of the presumption and proves that the actor omission constituted a breach of duty and the breach involved fraud, intentional misconduct, an ultra vires act, or a knowing violation of law. Provides that in a shareholder derivative action the corporation may petition the court to request a determination of whether the directors are independent or disinterested with respect to the allegations. Provides that the court’s determination is dispositive in the absence of the discovery of facts not presented in court that constitutes sufficient evidence to prove that a director is not independent and disinterested. Signed by Governor on 5/14. Immediate effect.

HB 170 by Guillen (R-Rio Grande City): Amends § 83.001, CRPC, to expand immunity for the justified use of force or deadly force to a “threat to use force or deadly force.” Entitles a defendant found to be immune to attorney’s fees, court costs, lost income, and other expenses. Passed House on 5/13.

HB 349 by Flores (D-Austin): Amends Chapter 92A, CPRC, to apply the same liability standard for removal of a domestic animal from a locked motor vehicle as currently applies to the removal of a vulnerable individual. Passed House on 5/1.

HB 644 by C. Bell (R-Magnolia)/SB 2620 by Creighton (R-Conroe): Grants immunity from liability to a person with control over the premises of a business who gives permission to a concealed carry license holder to carry a concealed firearm on the premises solely on the basis of the permission. Provides that the lack of an oral or written communication indicating that concealed firearms are prohibited on the premises constitutes permission to carry on the premises. Passed House on 5/10.

SB 823 by Middleton (R-Galveston): Prohibits a person from selling meat, poultry, shrimp, or other related products without a label that conspicuously states whether the product was originated in Texas. Reported as substituted from Senate Water on 5/22.

HB 865 by Moody (D-El Paso)/HB 1217 by Goodwin (D-Austin)/SB 1326 by Johnson: Adds Subchapter C, Chapter 128, CPRC, to provide that a person does not have a cause of action against a federal firearms licensee operating lawfully in Texas for any act or omission arising from a firearm hold agreement that results in personal injury or death, including the return of a firearm to the owner b the licensee at the termination of the agreement. Provides that immunity does not apply to unlawful conduct or gross negligence of the licensee. HB 865 passed House on 4/30. HB 1217 referred to House JCJ on 3/10.

HB 1130 by Isaac (R-Dripping Springs): Adds Chapter 75C, CPRC, to limit the liability of a cavern operator if the operator posts a prescribed warning at the cavern entrance. Does not limit liability for injury proximately caused by: (1) the operator’s negligence with regard to the safety of the cavern area of a cavern activity participant; (2) a potentially dangerous condition in the cavern area of which the operator has knowledge or should have knowledge; (3) negligent training of an employee actively involved in the cavern area or a cavern activity; or (4) the operator’s intentional conduct. House concurred in Senate amendments on 5/19.

SB 1145 by Birdwell (R-Granbury): Directs the RRC to adopt rules and orders and issue permits relating to the recycling and beneficial use of produced water associated with oil and gas operations, taking into account the need to protect public health and the environment. Amends § 26.131(d), Water Code, to require the RRC to provide assistance to an applicant for a permit for the discharge of produced water. SB 1145 and HB 2584 direct the TCEQ to issue permits and specifies permitting of land application of produced water. SB 1145 signed by Governor on 5/13. Effective 9/1/25.

HB 1990 by Guillen (R-Rio Grande City): Adds § 75.0065, Civil Practice & Remedies Code, immunizes an owner, lessee, or occupant of nonagricultural land from liability for any damage or injury to any person or property that arises from: (1) the actions or omissions of a peace officer or federal law enforcement officer when the officer enters or causes another person to enter the land with or without the permission of the owner, lessee or occupant’ (2) the actions or omissions of a fire fighter under the same circumstances; (3) the actions or omissions of a trespasser; (4) the actions or omissions of a third party who enters the land without express or implied permission and damages a fence or gate on the land; or (5) wildlife or an act of God. Extends immunity to the owner, lessee, or occupant of nonagricultural land from damage or injury because of the actions of omissions of a peace officer, federal law enforcement officer, fire fighter, trespasser, or third party who enters without express or implied permission and damages a fence or gate, as well as wildlife or an act of God. Does not confer immunity that arises from the owner’s, lessee’s, or occupant’s wilful or wanton act or gross negligence. Passed House on 4/30.

HB 2270 by Turner (D-Arlington)/SB 2323 by Johnson (D-Dallas): Amends § 192.005, Transportation Code, to require a person operating a railroad locomotive or train to report a collision with a pedestrian. Allows disclosure of personally identifying information of the train crew to persons with a court order (i.e., private attorneys). Heard in House Transportation on 3/27. SB 2323 referred to House Transportation on 4/28.

HB 3402 by King (R-Canadian)/HB 145 by King (R-Canadian)/SB 2025 by Schwertner (R-Georgetown): Allows an electric utility to self-insure liability for wildfire and potential damages resulting from personal injury or property damages caused by wildfire. Directs the PUC to approve a self-insurance plan (in addition to existing requirements), if commercial insurance alone is not sufficient to cover potential liability or the utility cannot obtain commercial insurance for a reasonable premium. Requires the PUC to prioritize consideration of potential extent of wildfire losses based on historical data, actuarial studies, and the possibility of the utility’s exposure from multiple types of disasters occurring in the utility’s service area. Does not permit self-insurance for intentional or reckless conduct or gross negligence. Immunizes an electric utility from damages resulting from a wildfire if the utility has filed and the PUC has approved a wildfire mitigation plan. Does not apply to reckless or intentional conduct or gross negligence. Provides an affirmative defense for material compliance with an approved plan. Allows the trier of fact to consider relevant factors contributing to wildfire ignition or propagation to the extent the mitigation plan approved by the PUC departed from nationally accepted safety standards at the time of approval. HB 145 heard in Senate B&C on 5/15.

HB 4157 by Bonnen (R-Friendswood)/SB 2505 by A. Hinojosa (D-Brownsville): Adds § 100A.005, CPRC, to allow parties engaged in space flight activities, including contractors, subcontractors, or customers of a party, to execute an enforceable reciprocal waiver of claims. HB 4157 heard in Senate State Affairs on 5/19.

HB 4687 by Gervin-Hawkins (D-San Antonio): Extends the same immunity from liability and suit as a school district trustee to a member of the governing body of a campus or program and to the employees and volunteers of an adult education program. Heard in Senate Education on 5/22.

HB 5624 by Buckley (R-Salado): Adds Chapter 75E, CPRC, to limit liability of a motorized off-road vehicle entity for a motorized off-road vehicle activity participant injury, if at the time of the injury the entity gave the statutorily prescribed warning. Does not limit liability for negligence regarding safety of the area, the participant, or the vehicle or equipment, nor for a potentially dangerous condition at the area (other than inherent dangers of which the participant knew or should have known were dangerous). Does not limit liability for intentional conduct. Heard in Senate State Affairs on 5/22.

HB 4904 by Guillen (R-Rio Grande City): Shields the owner of property on which instruction on motorcycle operation and safety by an instructor or an instructor training course from liability for an act or omission that occurs during the course. Excludes gross negligence, recklessness or intentional misconduct. Passed House on 5/10.

SB 920 by Sparks (R-Midland): Adds § 22.0521. Education Code, to grant immunity from civil liability or administrative disciplinary action to an open enrollment charter school or private school that adopts a policy governing the administrative of medication to students that complies with certain statutory requirements. Authorizes the school to allow a licensed physician or registered nurse who performs volunteer services and for whom the school provides liability insurance to administer nonprescription medication or medication prescribed by the student’s physician. Does not apply to gross negligence. Amends § 22.052, Education Code, to expand the existing parallel immunity for public schools to confer immunity from administrative disciplinary action as well as civil liability. Passed House on 5/20.

SB 1057 by Parker (R-Flower Mound): Adds § 21.373, Business Organizations Code, to permit a domestic corporation to opt-in to a requirement that a shareholder or group of shareholders, to submit a matter for approval at a shareholders meeting, to hold no less than the lesser of: (1) $1 million in market value of the corporation’s securities; or (2) three percent of the corporation’s securities entitled to vote on the proposal. Further requires that the shareholder or shareholder group have continuously maintained that level of ownership for the six months prior to making the proposal to solicit the holders of shares representing at least 67% of the voting power of shares entitled to vote on the proposal. SB 1057 signed by Governor on 5/19. Effective 9/1/25.

SB 1119 by Hughes (R-Tyler): Limits the liability of a water park if the park posts a prescribed warning of the liability limitation. Preserves liability for injury caused by the park’s negligence, premises liability, failure to train, or intentional acts. Signed by Governor on 5/21. Effective 5/21/25.

SB 39 by Birdewell (R-Granbury): Repeals §§ 72.054(c), (d), and (e), CPRC, which permit a plaintiff to introduce certain evidence in the first phase of a bifurcated trial to show negligent entrustment. Amends § 72.053(a) to expand the definition of “regulation or standard” to include a policy or procedure promulgated or adopted by the owner or operator of the motor vehicle. Amends § 72.053(b) to provide that evidence is only admissible in the first phase of a bifurcated trial if it is admissible under other law. SB 39 referred to House JCJ on 4/29.

SB 1146 by Birdwell (R-Granbury): Amends § 89.045, Natural Resources Code, to expand liability protection for plugging or replugging a well to include a private person who has paid money to the RRC to plug or replug a well under § 89.084. Adds § 89.049 to authorize an operator in good standing to contract with an RRC-approved well plugger to plug or replug an orphan well. Provides that an operator who enters into such a contract does not assume responsibility for the physical operation and control of the orphaned well (the well plugger does) and is not liable for damages that may result from acts or omissions in plugging or replugging the well. Provides that a person who pays money to the RRC or contracts with a well plugger does not admit responsibility for plugging or replugging the well and evidence of such payment or contract is not admissible in a suit in which a person’s obligation to plug or replug a well is an issue. Provides that introducing such evidence is grounds for a compulsory mistrial. SB 1146 passed House on 5/15.

SB 1198 by Birdwell (R-Granbury): Amends § 424.001, Government Code, to add spaceports to the definition of “critical infrastructure” for purposes of civil and criminal liability. Set on House Calendar on 5/21.

SB 1283 by Parker (R-Flower Mound): Grants immunity from civil or criminal liability to a senior retirement community that conducts a criminal background check of every employee and maintains a resident safety and communications policy regarding criminal activity that poses a risk to residents. Reported from House Human Services on 5/12.

SB 1558 by Perry (R-Lubbock): Immunizes from civil liability under Chapter 84, CPRC, a charitable organization that contracts with DFPS or with a single source continuum contractor if the organization is in good standing with the department and has complied with required criminal background checks and provides required training and reporting. Imposes vicarious liability on an organization not in substantial compliance if plaintiff shows: (1) the failure to substantially comply was a substantial factor in causing the actual harm; (2) the requirement with which the entity failed to substantially comply was designed to prevent the specific type of harm that occurred. Does not apply to gross negligence. SB 1558 reported favorably from House JCJ on 5/20.

SB 1626 by Hughes (R-Tyler): Amends § 120.001(1), Business & Commerce Code, to add to the exclusions to the definition of “social media platform” direct messaging or other electronically conveyed mail and an online service, app, or website that primarily provides banking, financial, transportation, sales, or another service that is not a communication service. Reported from House State Affairs on 5/19.

SB 1730 by Hall (R-Edgewood): Provides that a claimant may not recover damages for personal injury or death resulting from a defendant’s act constituting the use of force or deadly force, if a grand jury does not indict the defendant, the court in a criminal proceeding orders a dismissal of criminal charges, or the defendant is acquitted of criminal charges. Makes the claimant liable for the defendants cost and attorney’s fees. Heard in House JCJ on 5/16.

SB 2807 by Hagenbuch (R-Denton): Provides that the deployment, implementation, or use of a motor carrier safety improvement by or as required by a motor carrier or related entity, including though contract, may not be considered when determining whether the operator of a motor vehicle is an employee or joint employee of the motor carrier or an independent contractor for purposes of state law. Reported from House JCJ on 5/19.

SB 2823 by Bettencourt (R-Houston)/HB 3353 by DeAyala (R-Houston): Amends § 97/002, CPRC, to expand immunity from civil liability for highway contractors in material compliance with contract documents to include design, installation, or maintenance of both the highway, road, or street, or “any devices or systems intended for public safety or traffic management installed thereon . . . for any state, regional, county, or local government entity or department thereof.” HB 3353 reported as substituted from House JCJ on 4/17.

Construction Law

HB 386 by Gervin-Hawkins (D-San Antonio): Amends § 271.060, Local Government Code, to increase from $1 million to $5 million or more the original contract price that may not be increased by more than 25%. Provides that a contract with an original contract price of less than $5 million may not be increased in the aggregate by more than the greater of 50% or $1 million. Raises the amount of authority that a governing body may grant to an official or employee to approve a change order involving an increase or decrease from $50,000 to $250,000 or less. Passed House on 5/15.

HB 1139 by Oliverson (R-Cypress)/SB 1975 by Bettencourt (R-Houston): Adds § 15.021, CPRC, to provide that a venue provision in a contract for an improvement to real property that requires an action involving a contractor, subcontractor, or materialman who is a Texas resident to be brought outside the state is void as a matter of public policy. Provides that if a venue provision is void and the parties do not stipulate as to venue after a dispute arises, an action arising out of the contract shall be brought in the county in which the defendant resides, the cause of action accrued, or the property that is the subject of the litigation is located. Referred to House JCJ on 3/7. SB 1975 reported from Senate Jurisprudence on 4/10.

HB 1922 by Dean (R-Kilgore): Adds § 2272.010, Government Code, to provide that a cause of action by a governmental entity against a contractor for an alleged construction defect in a public work or building accrues when the report required by § 2272.003 as a prerequisite to the action is postmarked. Does not alter the accrual date of the cause of action for purposes of insurance coverage or the statute of limitations or repose. Passed Senate on 5/19.

HB 2186 by Hernandez (D-Houston): Prohibits a contractor from contracting with an unregistered elevator mechanic or apprentice. Prohibits an elevator mechanic or apprentice from providing services without registering. Passed House on 5/10.

HB 2203 by Baumgarner (R-Flower Mound)/SB 687 by Hughes (R-Tyler): Amends § 130.001, CPRC, to add land surveyors to the definition of “construction contract.” Amends § 130.002 to include land surveyors in the anti-indemnity provision that applies to licensed architects and engineers. Amends § 130.0021 to add land surveyors to the standard of care provision for licensed architects and engineers. Makes a conforming change to §§ 130.004(b) and 130.005 to include land surveyors. Makes parallel changes to § 271.904, Local Government Code. SB 687 passed House on 5/16.

HB 2960 by Hayes (R-Denton): Amends § 272.001(b), Business & Commerce Code, to make choice of law provisions in construction contracts void if they specify the application of the law of another state (current law makes such provisions voidable). Requires an action to be brought in the county in which the property that is the subject of the action is located. Placed on Senate Intent on 5/19.

HB 3223 by Leach (R-Plano): Amends § 16.008 (a) and (c), CPRC, to reduce the statute of limitations for claims against a registered or licensed architect, engineer, interior designer, or landscape architect from 10 years to 8 years. Reduces the extension of the limitations period that applies to a claimant who presents a written claim for damages within the limitations period from two years to one year. Amends § 16.009 to make the same reductions for a construction defect suit for damages against a contractor. These changes parallel the limitations periods for suits by governmental entities under current law (8 years). Passed House on 5/6.

SB 1530 by Hinojosa (D-McAllen)/HB 3290 by Bell (R-Forney): Amends § 53.101, Property Code, to require the owner to reserve retainage funds for a period ending the earlier of the 31^st day after completion of the work, or the 61^st day after the date a certificate of occupancy is issued for the improvement or the improvement is first used for its intended purpose. Referred to Senate B&C on 3/6. HB 3290 set on House calendar on 5/15.

SB 1612 by Johnson (D-Dallas): Adds § 162.001(a-1), Property Code, to provide that funds reserved under § 53.101 (10% retainage) are trust funds, except for funds reserved for the construction or repair of new or existing single-family houses, duplexes, triplexes, or quadruplexes used for residential purposes. Directs a court to award attorney’s fees and costs to a beneficiary who prevails in an action brough against a trustee under Chapter 162. Set on House Calendar on 5/22.

HB 3288 by Bell (R-Forney)/SB 1615 by Johnson (D-Dallas): Adds § 163.031(a-1), Property Code, to provide that a trustee who retains or diverts 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, has misapplied the trust funds. SB 1615 referred to Senate B&C on 3/10. HB 3288 reported as substituted from House Trade on 5/1.

HB 3289 by Bell (R-Forney)/SB 1614 by Johnson (D-Dallas): Adds § 28.003, Property Code, 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 construction contract under which payment is requested or required. SB 1614 referred to Senate B&C on 3/10. HB 3289 heard in House Trade on 4/15.

HB 3306 by Dean (R-Kilgore): Amends § 151.105, Insurance Code, to exempt the installation or construction of electric infrastructure or for vegetation management for an electric utility or transmission and distribution facility from restrictions on indemnity agreements. Heard in Senate B&C on 5/13.

HB 3712 by Guillen (R-Rio Grande City)/SB 2131 by Hinojosa (D-McAllen): Prohibits an owner, contractor, or subcontractor from reserving funds for specially fabricated material that has been delivered by a subcontractor and accepted by the owner, contractor, or sub at the site or off-site, and is covered by a manufacturer’s warranty under a contract with an owner, contractor, or subcontractor. SB 2131 referred to Senate Business & Commerce on 3/24. HB 3172 set on House calendar on 5/15.

SB 776 by Hughes (R-Tyler)/HB 2463 by Leach (R-Plano): Bars a construction contract between a governmental entity and a contractor from prohibiting the award of compensatory damages to the contractor for a delay caused solely by the governmental entity or by a party for which the entity is responsible. Defines “compensatory damages” as special damages, consequential damages, home office overhead, profit or markup on indirect costs, cost of performing additional work separately agreed upon by the entity and contractor, or indirect costs not related to the project. Does not prohibit a provision in the contract requiring the contractor to meet certain conditions for the recovery of compensatory damages, including notice, justification, or a duty to mitigate or for proving actual cost or schedule impact of a delay. Prohibits waiver. Does not apply to services related to recovery or relief from a natural disaster involving the repair or renovation of a residence or various types of TxDOT contracts enumerated in § 201.112, Transportation Code. SB 776 heard in Senate Business & Commerce on 4/1. HB 2463 not heard in House State Affairs on 4/2.

SB 841 by Hughes (R-Tyler)/HB 2226 by Harless (R-Spring): Adds § 162.0031, Property Code, to allow a beneficiary of trust funds paid or received in connection with an improvement of real property to be assigned if: (1) the assignment is in writing not earlier than the date the assignee has paid the beneficiary in good and suficient funds for the assignment; (2) the assignment is not made part of the construction contract; and (3) the assignee is a beneficiary, traustee, or property owner under the construction contract. SB 841 set on House calendar on 5/19.

Freedom to Contract

HB 34 by Metcalf (R-Conroe): Bars the investment of state money in a country of concern or scrutinized country. Passed Senate on 5/19.

HB 402 by Cain (R-Houston)/SB 17 by Kolkhorst (R-Brenham): Prohibits a foreign government, company directly or indirectly controlled by a foreign government, or company or entity owned by or the majority of stock or other ownership interest of which is held or controlled by a foreign government or foreign government controlled entity, from acquiring an interest in agricultural land. Prohibits a governmental entity of a country designated by the Director of National Intelligence as posing a risk to national security in each of the three most recent threat assessments from buying or acquiring title to real property in Texas. Furthers bars an organization headquartered in a designated country, directly or indirectly under the control of the government of a designated country, or under the control of an organization controlled by a designated country from acquiring real property in Texas. Gives the attorney general enforcement authority in a district court of a county in which the property is located. Provides for the appointment of a receiver to sell property acquired in violation of the statute. SB 17 set on Senate Items Eligible Calendar on 5/14. Set on House Items Eligible Calendar on 5/19.

HB 748 by Leach (R-Allen)/SB 835 by Paxton (R-McKinney): Adds Chapter 129C, CPRC, to void nondisclosure agreements or any other agreement that to the extent that it prohibits a person, including a party, from disclosing an act of sexual abuse or facts related such an act to any other person. Does not prohibit keeping a person from agreeing to keep confidential other provisions of a settlement agreement, including payment terms. Provides that a party seeking to enforce an agreement entered into before the effective date must obtain a declaratory judgment declaring the provision enforceable. or restricts a party’s ability to notify the appropriate law enforcement personnel or any federal or state regulatory agency of an act of sexual abuse committed against a child. Further prohibits an agreement that prohibits a party from informing another person of the circumstances of the abuse, including the identity of the perpetrator. HB 748 first placed on Senate Intent on 5/19. SB 865 passed Senate on 5/15.

HB 2912 by Cain (R-Houston)/SB 1845 by Hughes (R-Tyler)/HB 119 by Gerdes (R-Smithville): Prohibits a lobbyist from engaging in lobbying activities on behalf of a foreign adversary or entity owned or controlled by a foreign adversary (defined as Russia, China, North Korea, Cuba, Syria, Venezuela). Enforcement by the attorney general for injunctive relief and a civil penalty of up to $50,000 per violation, costs, and attorney’s fees. Senate version applies to any foreign adversary and authorizes a $10,000 civil penalty. HB 119 heard in Senate State Affairs on 5/5.

HB 4079 by Leach (R-Plano)/SB 2337 by Hughes (R-Tyler): Requires a proxy advisor to provide services solely in the best financial interest of shareholders based on quantitative, impartial standards. Bars services based on non-financial factors, including ESG and DEI factors. Requires certain disclosures and warnings by proxy advisors. Prohibits a proxy advisor from making conflicting recommendations to different shareholders on the same proxy or company proposal. Authorizes a Chapter 37 dec action to determine whether a proxy advisor violated the statute. SB 2337 voted from House Trade on 5/14.

HB 4204 by Harless (R-Spring)/SB 2957 by Parker (R-Flower Mound): Prohibits “unfair” service agreements for the maintenance or purchase or sale of residential real estate under certain circumstances. Creates a DTPA violation. Prohibits a person from filing for recording an unfair service agreement. Creates a criminal offense for illegal filing, as well as a cause of action for actual damages, attorney’s fees, and costs. HB 4204 passed House on 5/16.

HB 4207 by King (R-Canadian): Prohibits a train or railway company from obstructing a street, crossing, or highway for a period of 30 minutes or longer. Imposes a civil penalty of $10,000 for each hour the obstruction continues. District or county attorney enforcement. Imposes liability to an individual harmed by the delay of emergency services caused by a violation for actual damages, costs, and attorney’s fees. Passed House on 5/16.

HB 4211 by Noble (R-Lucas): Regulates agreements for the purchase of an interest in a managing entity that owns residential property in which the purchaser of an interest in the entity is entitled to exclusive possession of the property. Bars arbitration of disputes. Bars discrimination against an interest owner, including restricting transfer of the interest, imposing requirements to maintain the interest, or refusing to grant an interest to an otherwise qualified person. Prohibits charging a fee or share of the proceeds of a transfer. Creates a DTPA violation. Set for hearing in Senate B&C on 5/23.

HB 4215 by Hunter (R-Corpus Christi)/SB 2154 by Schwertner (R-Georgetown): Regulates delivery network companies. Requires a company to implement an intoxicating substance policy prohibiting a delivery person on duty from any kind of intoxication. Requires certain minimum qualifications for delivery persons. Requires a company to adopt a policy prohibiting a delivery person from discriminating against a customer. Provides for suspension or revocation of the company license for violations. HB 4215 passed Senate on 5/14.

HB 4314 by Bell (R-Magnolia)/SB 2236 by Bettencourt (R-Houston): Prohibits a political subdivision from disqualifying a vendor because it engaged or invests in the fossil-fuel industry business. SB 2236 referred to Senate Local Government on 3/25. HB 4314 reported from House Intergovernmental on 5/1.

SB 229 by West (D-Dallas): Prohibits a retailer seller of automobiles from raising the price of a vehicle if the prospective buyer pays for the vehicle from the buyer’s own funds or from a third-party loan from a lender unaffiliated with the seller. Further prohibits a seller from prohibiting a buyer from using those sources of payment. Bars the seller from making a false or misleading representation inconsistent with the statute. Heard in Senate B&C on 5/1.

SB 1040 by Parker (R-Flower Mound)/: 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 10^th 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. Referred to Senate Business & Commerce on 2/24.

SB 1067 by Middleton (R-Galveston): Bars an institution of higher education or an employee of an institution of higher education from accepting a grant from any individual or entity associated with a designated country. Referred to House Higher Ed on 4/22.

SB 1318 by Schwertner (R-Georgetown): Amends § 15.50, Business & Commerce Code, to limit the amount of a buyout of a physician’s covenant not to compete to an amount not greater than the physician’s total annual salary and wages at the time of the termination of the contract or employment. Limits the term of the covenant to one year and the scope to a five-mile radius. Adds § 15.501, Business & Commerce Code, to establish parallel requirements for a covenant not to compete with a licensed dentist. Set on House Calendar on 5/21.

SB 1585 by Hughes (R-Tyler)/HB 129 by McQueeney (R-Fort Worth): Bars a scrutinized company from submitting a bid for a contract or enter into a contract with a governmental entity relating to an information or communications technology or service, except under limited circumstances if approved by the governor. Requires a vendor of such a technology or service to certify that it is not a scrutinized company, will not contract with one, and will not procure products or services originating with one. Authorizes the governor to designate a country s a foreign adversary. Imposes a civil penalty for violations in amount equal to the greater of twice the amount of the contract or the amount of loss suffered by the state from terminating the unlawful contract. Attorney general enforcement with costs and attorney’s fees. Also imposes a criminal offense (state jail felony). House version makes a vendor liable for a civil penalty of twice the amount of the contract or $250,000. HB 129 passed House on 5/6. SB 1585 voted from House Homeland on 5/14.

SB 1847 by Hughes (R-Tyler): Prohibits a governmental entity from using remote sensing technology or a transportation infrastructure system purchased or leased from a country or person designated by the governor as a foreign adversary. Referred to Senate B&C on 3/13.

Health Care Liability

HB 216 by Harris Davila (R-Round Rock)/SB 669 by Hughes (R-Mineola)/SB 1270 by Hughes (R-Tyler): Subjects a health care provider to disciplinary action by the appropriate licensing board for failure to send a hard copy of an itemized bill to a patient who has not created a patient profile in a portal used to issue electronic bills. SB 669 referred to Senate Health and Human on 2/3. HB 216 passed House on 5/6.

HB 742 by S. Thompson (D-Houston): Prohibits a hospital or freestanding emergency medical care facility from retaliating or discriminating against an employee who in good faith reports a suspected act of human trafficking. Heard in Senate HHS on 5/14.

HB 923 by Hernandez (D-Addison): Increases the size of the Texas Medical Disclosure Panel from 9 to 11 members, at least one of which must be a person board certified in personal injury trial law. Bars the appointment of a registered lobbyist, a health care provider or a provider’s spouse, or a person who works in a health-care related field, including insurance. Passed Senate on 5/20.

SB 471 by Sparks (R-Midland): Requires a telemedicine or telehealth provider licensed or certified in another state to register with the appropriate Texas licensing agency. Requires the provider to comply with the laws of Texas, maintain liability insurance as required by Texas law, consent to the jurisdiction of state courts, and be subject to disciplinary action by the appropriate Texas licensing agency. SB 471 referred to Senate State Affairs on 2/3.

HB 1612 by Frank (R-Wichita Falls): Requires a hospital to accept direct payment for services from a patient who is not an enrollee in a health insurance program. Limits the amount the hospital can charge to the patient to not more than 25% of the lowest contracted rate from an insurer, except for Medicaid, Medicare, and CHIP. Reported from Senate HHS on 5/15.

HB 2038 by Oliverson (R-Cypress): Establishes a limited license to practice medicine for a physician graduate who works under the supervision of a sponsoring physician. Makes the sponsoring physician liable for the physician graduate’s malpractice. SB 881 referred to Senate Health & Human Services on 2/13. HB 2038 passed House on 5/6.

HB 1869 by Oliverson (R-Cypress)/SB 902 by Sparks (R-Midland): Bars a health care facility for refusing to accept an alternate board certification to practice in Texas that does not require an applicant to complete courses or training for performing a medical treatment not lawful in Texas. Requires revocation of a health care facility’s license for discriminating against a person with alternate board certification. SB 902 referred to Senate Health & Human Services on 2/13. HB 1869 referred to House Public Health on 3/14.

HB 2035 by Oliverson (R-Cypress): Requires a chemical dependency treatment facility that refuses to admit a minor for voluntary treatment to provide notice to the parent or guardian requesting admission of their right to seek treatment at another facility. Passed House on 5/7.

HB 2159 by Gamez (D-Brownsville): Authorizes an unmarried minor who is the parent of a child and in actual custody of the child to consent to medical, dental, psychological, or surgical treatment by a licensed physician or dentist. Passed House on 5/14.

HB 2187 by Howard (D-Austin): Adds § 257.006, Health & Safety Code, to prohibit a hospital from retaliating against a nurse who provides information to a nurse staffing committee or reports violations to hospital management or HHSC. Directs HHSC to develop and maintain a website portal by which nurses may report staffing violations, to investigate complaints, and to take appropriate corrective actions. Authorizes HHSC to impose administrative penalties on a hospitals that knowingly submit false information to DHS or that violate staffing or mandatory overtime requirements. Authorizes nurses to pursue remedies provided by § 161.134 (reinstatement and compensation for lost wages). Authorizes attorney general enforcement to collect penalties. HB 2187 passed Senate on 5/20.

HB 2324 by Campos (D-San Antonio): Requires HHSC to adopt minimum staffing requirements for assisted living facilities that treat residents with Alzheimer’s or related disorders based on scientific evidence and the increased need for supervision of those residents. Referred to House Human Services on 3/14.

HB 2510 by Turner (D-Arlington): Makes it a criminal offense to operate an assisted living facility without a license (Class A misdemeanor; third degree felony for subsequent offense). Passed Senate on 5/20.

HB 2854 by Anchia (D-Dallas): Grants immunity to a general hospital for damages to a patient or other person resulting from visits of certain parole releasees. Passed House on 5/15.

HB 3334 by King (R-Canadian): Adds Title 13, Natural Resources Code, to require an operator annually to contract with a bonded and state-certified third-party inspector to identify and inspect suceptibility to wildfires all wells and related infratructure with the operator. Requires reporting to the RRC. Requires the RRC and operator to confer on any necessary remedial action and directs the RRC to verify compliance. Requires inspection and certification of compliance prior to transfer of a well. Requires the RRC to assume control of and responsibility for orphan wells. Requires the RRC to direct the electric utility or other entity that provides power to an orphan well to terminate service at point of origin. Shields a surface owner from liability. Authorizes revocation of an operator’s permit for noncompliance. Authorizes the RRC to impose an administrative penalty up to $5,000 per violation per day for noncompliance. Attorney general enforcement. Passed House on 5/10.

HB 3441 by Luther (R-Tom Bean): Makes a manufacturer liable to an individual for advertising a vaccine in Texas that causes harm or injury to the individual (basically shuts down vaccine advertising). Directs the court to award actual damages, costs, and attorney’s fees. Passed House on 5/16.

HB 3560 by Pierson (R-Rockwall): Requires hospitals to conduct criminal background checks on staff. Passed Senate on 5/19.

HB 3595 by Barry (R-Pearland): Requires assisted living facilities adopt emergency preparedness and contingency operations plans. Requires facilities to designate a climate-controlled place of refuge for residents during a power outage or other emergency. Requires installation of backup generation. Ties into existing penalties. Passed House on 4/29.

HB 3619 by Dean (R-Longview): Adds § 89.05, Natural Resources Code, to shield a surface owner from liability for damages resulting from acts or omissions by the RRC, an RRC agent or employee, or any other person authorized to enter the land to plug or replug a well. Passed House on 5/12.

HB 3749 by Orr (R-Hillsboro): Adds Chapter 172, Occupations Code, to regulate the performance of cosmetic medical procedures at medical spas. Requires a spa to have a medical director, prescribes training requirements for physicians, prescribes delegation procedures. Likewise regulates non-physician providers. Regulates elective intravenous therapy. Passed House on 5/16.

HB 3863 by Canales (D-Edinburg): Amends § 843.346, Insurance Code, to shorten the prompt pay deadline for HMO payments to physicians or providers from 45 to 30 days. Prohibits an HMO from requiring the provider to accept a claim payment in the form of a virtual credit card or other method that assesses a fee to receive payment. Adds § 1301.141, Insurance Code, to prohibit an insurer from requiring the provider to accept a claim payment in the form of a virtual credit card or other method that assesses a fee to receive payment. Passed House on 5/15.

HB 3945 by Bumgarner (R-Flower Mound)/SB 2167 by Paxton (R-McKinney): Establishes additional licensing requirements for massage establishments and massage schools. Authorizes TDLR to prohibit massage establishments or schools in certain locations. Raises civil penalties for certain violations to $20,000 (from $10,000). Imposes a criminal penalty for certain violations. SB 2167 heard in House Licensing on 5/13.

HB 4076 by Leach (R-Plano): Prohibits a health care provider from determining an individual’s eligibility for an organ transplant, denying services related to a transplant, refusing to refer for a transplant, or refusing to place on an organ transplant waiting list, on the basis of vaccination status. Prohibits a person from taking an adverse action or impose a penalty against a provider based solely on the fact that the provider complied with the statute. Provides that a physician who makes a good faith determination that an individual’s vaccination status is medically significant does not violate the statute. Reported from Senate HHS on 5/21.

HB 4100 by Oliverson (R-Cypress)/SB 2043 by Hughes (R-Tyler): Adds Chapter 332, Health & Safety Code, to prohibit a health care facility, the state, or a local governmental entity from taking adverse action against a physician or health care provider for presenting information in a proceeding that the physician or provider reasonably believes relates to a legal or ethical violation that may put patient health at risk or impose a substantial, specific danger to the public or safety (or gross mismanagement or waste of funds). Bars an adverse action against a physician or provider for providing whistleblower information to the physician’s or provider’s employer or a government agency. Bars disciplinary action against a physician or provider for engaging in protected speech. Creates a private cause of action by a physician or provider injured by a violation for injunctive relief, damages (including psychological or emotional damages), costs, and attorney’s fees. SB 2043 passed Senate on 5/15.

HB 4224 by Hull (R-Houston): Requires a covered entity to prominently post on its website and at any facility detailed instructions for a consumer to request health records, contact the disciplinary or licensing authority for the entity, and file a consumer complaint. Reported from Senate HHS on 5/15.

HB 4273 by Oliverson (R-Cypress): Amends § 36.002, Human Resources Code (unlawful acts by health care provider), to require a provider to identify on a benefits claim the type of license held by the licensed provider who actually provided the service. Passed Senate on 5/20.

HB 4454 by Vo (D-Houston): Prohibits a treatment facility from contracting with a marketing provider for referrals through a call center or website, unless disclosed to a prospective patient. Prohibits false or misleading statements or information about the facility’s services or location in the facility’s advertising media or on its website or providing a link on the website redirecting the user to another site containing false or misleading statements. Raises the civil penalty from $1,000 to $2,000. Passed House on 4/30.

HB 4922 by Munoz (D-Palmview): Amends § 74.153(a), CPRC, to apply to a freestanding emergency medical care facility the willful and wanton negligence standard of proof for emergency care. Heard in House JCJ on 4/30.

SB 95 by Hall (R-Edgewood): Requires a health care provider to obtain informed consent

before administering a vaccine to a minor. Creates a new cause of action for minor who has anadverse reaction to an immunization administered without informed consent for damages of at least $10,000, investigative costs, court costs, witness fees, deposition expenses, and attorney’s fees. Exempts the cause of action from punitive damages standards under §§ 41.003 and 41.004, CPRC. Prohibits a health care provider from accepting rumernation from a vaccine manufacturer for administering a vaccine to a child. Imposes a penalty of the greater of $5,000 or 10 times the value of the remuneration received. Passed Senate on 4/10.

SB 125 by Hall (R-Edgewood)/HB 5090 by Shofner (R-Nacogdoches): Requires a hospital to allow an individual on whom a medical procedure is to be performed to provide an autologous or direct blood donation for the procedure if, not less than 72 hours before the procedure, the individual notifies the hospital and, for a direct blood donation, provides a list of eligible donors. Passed Senate on 4/2.

SB 128 by Hall (R-Edgewood): Requires a hospital to submit a monthly report to the HHSC Commissioner prescribed information about the prior month’s reports to DFPS regarding the abuse, exploitation, or neglect of a child. Imposes an administrative penalty on a sliding scale from $100 to $1000 per day of the violation. Passed Senate on 5/16.

SB 619 by Sparks (R-Midland)/HB 2816 by Oliverson (R-Cypress): 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. Passed Senate on 4/30.

SB 761 by Hinojosa (D-McAllen)/HB 1953 by S. Thompson (D-Houston): Requires a health care facility that is required to offer a victim the opportunity to have an advocate from a sexual assault program to be present during a medical forensic examination to document whether it extended the offer to the victim, whether an advocate was available at the time of the examination, and, if the offer was not extended, the reason therefor. Imposes civil liability on a facility that fails to make the offer or otherwise prevents the victim from gaining access to an advocate in the amount of $1,000 per violation, as well as removal from the SAFE program. Enforcement by the attorney general. SB 761 Senate concurred in House amendments on 5/14.

SB 842 by Schwertner (R-Georgetown)/HB 5506 by Phelan (R-Beaumont): Provides immunity for a ringside physician at a combative sports event. Does not apply to the physician’s gross negligence. SB 842 passed House on 5/12.

SB 883 by Paxton (R-McKinney): Immunizes a physician from state regulation or disciplinary action for prescribing for off-label use a prescription drug to treat COVID-19. Bars a state or private cause of action against a manufacturer of a prescription drug that is used off-label to treat COVID-19. Passed Senate on 4/10.

SB 916 by Zaffirini (D-Laredo): Amends § 773.061, Health & Safety Code, to give the DHS the authority to revoke, suspend, or refuse to renew a license or certificate of an emergency services provider for violations of statutory billing requirements. Set on House Calendar on 5/21.

SB 1038 by Sparks (R-Midland): Broadens the Medicaid qui tam statute by allowing a bounty hunter up to 5% of any remedy recovered by HHSC (current law limited to administrative penalty). Eliminates the requirement that proof of specific intent be shown in a civil or administrative action for Medicaid fraud. Lowers the threshold for a “knowing” violation of the statute to three elements: (1) knowledge of the information; (2) conscious indifference to the truth or falsity of the information; and (3) reckless disregard (current standard is presenting to the commission information a person knows or should know is false). Broadens the definition of a “violation” to reflect the lower standard of “knowingly” and to include a false statement, misrepresentation, or omission of material information (current standard is presenting to the commission information a person knows or should know is false). Adds ten more violations to the statute, including new violations by hospitals, hospices, and nursing homes of all types. Raises maximum amount of administrative penalty to the maximum dollar amount allowable by federal law if that amount exceeds the current caps and provides that each day of a violation is a separate violation. SB 1308 signed by Governor on 5/13. Effective 9/1/25.

SB 1098 by Blanco (D-El Paso): Requires a pharmacist to disclose to a customer the lowest cash price at that pharmacy for the drug or biological product prescribed to the customer. Heard in House Public Health on 5/19.

SB 1777 by Miles (D-Houston): Prohibits a health care provider or employee or contractor of a provider from accepting any form of payment for referring a potential resident to a group home, if the home is owned or operated by an unlicensed person. Creates a Class B misdemeanor. Heard in House Human Services on 5/20.

SB 1782 by Miles (D-Houston): Requires group homes to maintain criminal history records of employees for a specified time period. Creates a Class B misdemeanor. Passed Senate on 5/19.

SB 1887 by Sparks (R-Midland)/HB 5022 by Kerwin (R-Glen Rose): Bars the administration of a vaccine containing mRNA material. Does not apply to a product containing mRNA material used for treating cancer or a genetic disorder. Expires 9/1/2035. Heard in Senate HHS on 5/7.

SB 1986 by Hall (R-Edgewood): Requires warning labels on a bottle or container containing an opioid. Heard in House Public Health on 5/19.

Judicial Matters/Practice of Law

SB 1574 by Zaffirini (D-Laredo): Adds § 71.040, Government Code, to direct the Texas Judicial Council by rule to develop a centers of excellence program to identify, support, and recognize justices and judges “who excel in serving their communities and in representing the judiciary.” Entitles a justice or judge recognized as a center of excellence to apply for recognition on a form and in the manner prescribed by the council a merit payment equal to five percent of the justice’s or judge’s annual base salary. Reported from House JCJ on 5/16.

HB 1181 by Raymond (D-Laredo)/SB 2127 by Zaffirini (D-Laredo): Amends § 74.003(b), Government Code, to require a former or visiting judge assigned to a matter to certify to the chief justice a willingness not to hear any matter involving a party who is a current or former client of the justice or judge for the duration of the assignment. Limits the certification of willingness not to appear as an attorney in any court to the court to which the judge is assigned. HB 1181 passed House on 5/8. SB 2127 reported from House JCJ on 5/16.

HB 1664 by Morales (D-Eagle Pass): Amends § 74.055, Government Code, to require a former or retired judge, to be eligible for naming on the list of visiting judges, to certify under oath to the presiding judge the during the 15 years preceding assignment the judge has not been publicly reprimanded by the CJC and the judge did not resign or retire because of a CJC investigation or the judge resigned and was not publicly reprimanded. Passed House on 5/10.

HB 1749 by Darby (R-San Angelo)/SB 304 by Perry (R-Lubbock): Amends § 29.003, Government Code, to authorize the governing body of a municipality to provide that a municipal court has jurisdiction over the enforcement of municipal ordinances related to health and safety and nuisance abatements. Grants concurrent jurisdiction to municipal courts with district courts for municipally-owned property in the ETJ. Authorizes the municipal court to issue pertinent search warrants and seizure warrants. SB 304 filed without signature by the Governor on 5/15.

HB 1928 by Gerdes (R-Smithville)/SB 302 by Perry (R-Lubbock): Directs a statutory probate judge to order, to the extent possible, a county’s expenses in a contested probate proceeding to be reimbursed from the estate. SB 302 referred to Senate Jurisprudence on 2/3. HB 1928 set for hearing in House Subcommittee on Family on 5/5.

HB 2086 by Plesa (D-Dallas): Amends § 11.051, Civil Practice & Remedies Code, to authorize a court on its own motion to determine whether to issue an order that litigant is a vexatious litigant. Passed House on 5/16.

HB 2088 by A. Martinez (D-Weslaco): Authorizes the governing board of an institution of higher education to establish a public law school in Hidalgo or Cameron County. Passed House on 5/10.

HB 2733 by Canales (D-Edinburg): Amends § 38.12, Penal Code, to expand the criminal offense of prohibited barratry and solicitation a solicitation made through a direct message on a social media platform or another electronic communication. Passed Senate on 5/20.

HB 2760 by Villalobos (R-Corpus Christi): Amends § 212.201(a), Labor Code, to specify that judicial review of a TWC decision is by an action in a county court at law or district court. Passed Senate on 5/21.

HB 113 by Vasut (R-Angleton): Amends the Code Construction Act (Ch. 311, Government Code) to prohibit a court from referring to legislative intent in the construction of a statute. HB 113 passed House on 5/15.

HB 4325 by Moody (D-El Paso): Raises the amount of the penalty for barratry from $10,000 to $50,000. Passed Senate on 5/20.

HB 4737 by Bhojani (D-Euless): Amends § 83.036, Government Code, to require the Board of Law Examiners to process an application for admission to practice law without examination for an attorney licensed to practice in another state within 100 days of receiving the application. Set on House calendar on 5/15.

SB 311 by Hughes (R-Mineola): Prohibits SCOTX from issuing a writ against the governor. Reported from House JCJ on 5/19.

SB 387 by Zaffirini (D-Laredo): Raises the personal bond required of a judge presiding in the court over guardianship proceedings to $500,000. Set on House Calendar on 5/21.

SB 664 by Huffman (R-Houston): Establishes uniform practice, qualification, and residency requirements for appointment as a master, magistrate, referees, associate judges, and hearing officers. Requires training on bail requirements. Directs the local administrative judge to enforce standards and report violations. Set on House calendar on 5/19.

SB 987 by Bettencourt (R-Houston): Adds § 571.171(d), Government Code, to exempt a criminal enforcement action by the Texas Ethics Commission from the requirement of exhaustion of remedies and vests jurisdiction in the appropriate district court for the initiation of such actions. Set on House Calendar on 5/22.

SB 989 by Bettencourt (R-Houston): Adds Subchapter A, Chapter 54, Government Code, to require an applicant for appointment or employment in a court as a master, magistrate, referee, associate judge, or other court official who assesses or determines bail to have a criminal history check. Passed Senate on 4/10.

SB 992 by Nichols (R-Jacksonville): Requires the attorney general to approve or deny a contract for legal services submitted by a state agency not later than the 25^th day after receipt. Requires the attorney general to state the reasons for denying approval. Set on House calendar on 5/19.

SB 1015 by Zaffirini (D-Laredo): Amends § 22.00212, Government Code, to direct the comptroller to rebate excess statutory probate court fees on a proportional basis. Heard in House JCJ on 5/14.

SB 1073 by Hughes (R-Tyler): Creates a cause of action for injunctive relief against the State Bar of Texas for adopting a rule or imposing a penalty in violation of a licensee’s or applicant’s free exercise of religion, political or ideological views, social views, or other expressive speech. Voted from House JCJ on 5/21.

SB 1210 by Hughes (R-Tyler): Provides that the supreme court has appellate jurisdiction to finally resolve a conflict between the supreme court and court of criminal appeals regarding the interpretation of a provision of the Texas Constitution on the submission of a writ of certiorari to the court by a party to any proceeding in any court in the state or certification of a question of law from any federal court. Passed Senate on 4/10.

SB 1220 by Hughes (R-Tyler): Adds § 23.002, Government Code, to provide that exhaustion of civil or administrative remedies is not a prerequisite to vesting in a trial court subject matter jurisdiction over a criminal action over which the trial court would otherwise have jurisdiction under other law. Passed House on 5/21.

SB 1538 by Zaffirini (D-Laredo): Directs the Office of Court Administration to conduct a study on digital court reporting. Reported as substituted from Senate Jurisprudence on 5/19.

SB 1719 by Hughes (R-Tyler): Repeals § 22.004(c), Government Code, which provides that a rule adopted by the Supreme Court repeals all conflicting laws and parts of laws governing practice and procedure in civil actions. The substitute provides that all laws and parts of law governing practice and procedure in civil actions enacted before May 15, 1939 are repealed. Reported from House JCJ on 5/21.

SB 2878 by Hughes (R-Tyler): Omnibus court bill.

Engrossed version:

Redesignates the Second 25^th Judicial District as the 522^nd Judicial District and changes the boundaries to include only Gonzales and Guadalupe Counties;
Changes the boundaries of the 274^th Judicial District to include only Comal and Hayes Counties and eliminates concurrent jurisdiction with the Second 25^th Judicial District;
Creates the 490^th Judicial District composed of Brazoria County;
Creates the 492^nd Judicial District composed of Colorado and Lavaca Counties;
Creates the 501^st Judicial District composed of Fort Bend County;
Creates the 503^rd Judicial District composed of Rockwall County;
Creates the 504^th Judicial District composed of Ellis County;
Creates the 511^th Judicial District composed of Comal County;
Creates the 512^th Judicial District composed of Williamson County;
Repeals §§ 24.126(b) and (d), §§ 24.127(b) and (c), and § 24.451(b), Government Code;
Amends § 22.004(h-1), Government Code, to raise the expedited trial amount in controversy limit for statutory county courts from $250,000 to $325,000;
Amends § 25.0003(c), Government Code, to raise the concurrent jurisdictional limit for civil cases in statutory county courts from $250,000 to $325,000;
Amends § 25.0007(c), Government Code, to require 12-person juries in statutory county courts in which the matter controversy exceeds $500 but does not exceed $325,000;
Expands the jurisdiction to a county court at law in Atascosa County to include civil cases up to $1 million, suits to decide title to real or personal property, suit to enforce a lien on real property, suit for right to property valued at $500 more more that has been levied, and suit to recover real property;
Expands the jurisdiction of a county court at law in Bowie County to include concurrent jurisdiction in specialty court programs, misdemeanor cases, family law cases and proceedings, and probate and guardianship matters;
Creates a second Probate Court in Hidalgo County;
Expands the jurisdiction of a county court at law in Hidalgo County to include all civil cases (currently limited to up to $750,000)
Repeals §§ 25.0212(d) and 25.1723(c), Government Code;
Amends § 25.0022, Government Code, to permit a former or retired justice of an appellate court to serve as a visiting judge;
Amends § 74/003(e), Government Code, to change compensation for a retired judge or justice to a pro rata amount equal to compensation received by a court of appeals justice, calculated based on the state salary paid to a justice with eight years of service;
Amends § 74.046(b), Government Code, to provide for compensation for a former or retired judge or justice assigned as a judicial mentor;
Amends §§ 74.061(h) and (i), Government Code, to based compensation of a retired judge or justice assigned to a district court on the state salary paid to a district judge with eight years of service;
Adds § 54.001, Government Code, to require a master, magistrate, referee, or associate judge to have been licensed to practice law in Texas for at least five years generally, but maintains the two-year requirement for selected statutory purposes;
Amends § 659.012, Government Code, to provide a business court judge with an annual salary supplement from the state in the amount of the difference between the judge’s annual base salary and maximum combined base salary from all state and county sources paid to a district judge;
Makes numerous changes regarding grand jurors, including a permament exemption for persons 75 or older;
Amends § 62.002, Government Code, to disqualify from jury service a convicted felon;
Amends § 62.109, Government Code, to require the district clerk to maintain a current list of each person temporarily or permanently exempt from jury service;
Amends § 74/051(c), Government Code, to entitle a presiding judge to an annual salary based on the number of district courts, business courts, and statutory county courts in the administrative region, the number of associate judges under the Family Code, and the number of retired or former judges named on the list for the region and raises the compensation levels;
Amends § 74/091, Government Code, to require the regional presiding judge to break a tie vote on the selection of an administrative judge;
Adds Subchapter D-1, Government Code, to require the OCA to hold an annual leadership conference to provide specified information to presiding judges, local administrative judges, and court administrators (including court budgets, court activity statistics and case-level information required to be reported, duties of the local administrative judge, and other matters);
Raises the base salary of a local administrative judge who is a district judge from $5,000 more than the judge’s maximum state salary to 3% of the annual base in a county with three or four district courts, 5% in a county with 5-9 courts, or 7% in a county with 10 or more courts (includes 7% for business court judges who serve as local administrative judge);
Repeals § 74.051(b), Government Code;
Requires a certified copy of an original document on file in a district or county clerk’s office to include specified information;
Amends § 21.049, Property Code, to permit notice of a special commissioners’ decision to be sent by a delivery method described under Rule 21a, TRCP (current law requires certified or registered mail).

Voted favorably from House JCJ on 5/21.

Eminent Domain

HB 1722 by Tepper (R-Lubbock): Bars TxDOT from prohibiting the owner of property within a highway right-of-way from accessing property in the right-of-way if the property was constructed before TxDOT assumed authority over the right-of-way. Passed House on 4/29.

HB 2011 by C. Bell (R-Magnolia): Amends § 21.101(a), Property Code, to entitle a person from whom an entity has acquired property through eminent domain to repurchase the property if the acquiring entity has an obligation to pay property taxes on the property and failed to them before the second anniversary of the date on which the unpaid taxes became due. Makes a conforming change to § 21.102 (notice to previous property owner of right to repurchase). Amends § 21.1021 to entitle a property owner from whom property was acquired (or the owner’s heirs, successors, or assigns) to request at any time after the 18-month anniversary of the acquisition that the acquiring entity provide a statement regarding whether all property taxes have been paid, and, if any taxes haven’t been paid, the amount of the unpaid taxes, each due date for the taxes, and whether the entity has a good faith intention to pay the taxes. Amends § 21.103 to allow a property owner entitled to repurchase property for unpaid property taxes to inform the entity of the owner’s intent to repurchase before the notice required under §§ 21.102 or 21.1021. Reported favorably from Senate Local Government on 5/20.

SB 291 by Schwertner (R-Georgetown): 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. Voted from in House LRM on 5/21.

SB 292 by Schwertner (R-Georgetown): 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. Heard in House LRM on 5/8.

Dobbs/SB 8/Obergefell/LGBTQ

HB 1738 by V. Jones (D-Dallas): Repeals the offense of homosexual conduct. HB 1738 passed House on 5/16.

SB 942 by Hughes (R-Tyler): Amends § 154.131, Family Code, to create a presumption that it is reasonable and in the best interest of the child for a court to order retroactive child support beginning on the earliest possible date of the child’s conception. Amends § 160.636(g), Family Code, to require a court order establishing a man’ paternity to, on request of a party and proper showing, child support retroactive to the earliest date of conception. SB 942 reported from House JCJ on 5/19.

HB 2248 by Smithee (R-Lubbock)/SB 824/SB 852 by Middleton (R-Galveston): Makes several changes to the Open Records Act, including requiring a court to award attorney’s fees and litigation costs to an intervening requestor that substantially prevails or to whom the governmental body voluntarily releases the information, unless before suit is filed the governmental body releases the information or certifies a date and hour within a reasonable time the information will be available for inspection or duplication. Establishes a complaint process at the attorney general’s office for a governmental body’s failure to respond to a request within the statutory deadline. HB 2248 referred to Senate B&C on 5/8.

SB 33 by Campbell (R-San Antonio): Prohibits a governmental entity from providing logistical support of any kind to an abortion provider. Creates a cause of action allowing any person or the attorney general to enforce the prohibition by seeking declaratory and injunctive relief, court costs, and attorney’s fees. Bars a court from awarding attorney’s fees to a defendant. Exempts these actions from the TCPA and RFRA (Chapter 110, CPRC). Set on House Calendar on 5/21.

SB 1999 by Hughes (R-Tyler): Prohibits a school district, higher ed institution, or public employer from discriminating against a student, employee, or a member of the general public in terms consistent with the biological sex of that person. Passed Senate on 5/8.

SB 2626 by Campbell (R-San Antonio): Expands the definition of “ectopic pregnant” to include implantation of a fertilized egg or embryo in an intrauterine location at which it becomes unviable or in a scarred portion of the uterus. Reported from Senate State Affairs on 4/14.

SB 2880 by Hughes (R-Tyler): Prohibits a person from having anything to do with an abortion-inducing drug in Texas except under very limited circumstances. Enforceable by a qui tam or private action. Makes a person who manufactures, possesses, distributes, mails, transports, delivers, prescribes, or provides an abortion-inducing drug or aids and abets any of that jointly and severally liable for the personal injury or wrongful death of an unborn child or pregnant person. Authorizes the mother and father to bring a civil action based on the use of a drug, regardless of marriage status. Bars class actions. Strips a defendant of most defenses. Imposes market share liability on manufacturers. Six-year statute of limitations. Waiver prohibited. Extraterritorial jurisdiction. Authorizes a person to bring a qui tam action in the name of the state. Authorizes a qui tam action against an interactive computer service that allows residents to access information about abortion. Creates a criminal offense against a person who knowingly pays or reimburses the costs for an abortion. Extraterritorial jurisdiction. Attorney general enforcement. Authorizes a private cause of action against a judge who rules against a claimant. SB 2880 passed Senate on 4/30.

Landlord-Tenant

SB 38 by Bettencourt (R-Houston): Amends § 24.005, Property Code, to streamline the process for evicting a tenant for nonpayment of rent. Requires a justice court to adjudicate right to possession, not title. Bars counterclaims and joinder of suits in an eviction action. Allows a justice court to transfer venue to an adjacent precinct under certain circumstances. Bars a justice court to which a suit is transferred from requiring plaintiff to pay additional filing or service fees. Provides that only the legislature may modify or suspend statutory procedures. Prescribes acceptable forms of notice. Allows a justice court to allow or require a participant in an eviction suit to appear remotely. Allows a landlord to include with a sworn petition a sworn motion for summary disposition without trial. Provides that a party may appeal the judgment of the justice court in an eviction suit to county court. Provides that the issuance of a writ of possession is a ministerial act not subject to review or delay. Provide that a city or county that funds a legal aid service or organization to provide information or advice or representation to eligible tenants in the eviction process provide an equal amount of funding to pay for relocation assistance for tenants. Set on House Calendar on 5/23.

SB 1333 by Hughes (R-Tyler): Adds § 32.56, Penal Code, to create an offense for knowingly presenting to another person a false, fraudulent, or fictitious document purporting to be a lease agreement or other conveyance of an interest in real property. Adds § 32.57, Penal Code, to create an offense for knowingly listing real property for sale or lease to which the offeror does not have legal title. Allows the owner of residential real property to request the sheriff to immediately remove a squatter. Once the owner’s complaint is verified, the sheriff must immediately give the squatter notice to vacate and restore the property to the owner. Immunizes a sheriff from liability for damage to property caused by the removal of a squatter. Creates a civil action for wrongful removal to recover actual damages, punitive damages, attorney’s fees, and costs. Set on House Calendar on 5/21.

HB 2578 by Walle (D-Houston): Requires a court with original or appellate jurisdiction over landlord and tenant disputes to report by category each case filed in the court, including eviction suits, suits involving the disconnection of utilities, repair and remedy suits, suits involving security deposits, suits involving unlawful lockouts, suits involving the provision of security and safety devices, and any other related matter. Requires OCA to publish certain information on its publicly accessible website, including whether the landlord was represented by legal counsel, whether the tenant was represented by legal counsel or an agent, the court in which the case was filed, and disposition of the case. Passed House on 4/23.

SB 790 by Alvarado (D-Houston): Authorizes the PUC to adopt a simplified complaint procedure for tenants against an owner over a bill for water or wastewater services under Chapter 13, Water Code. Exempts such a procedure from the Administrative Procedures Act (Ch. 2001, Government Code). Reported from House Natural Resources on 5/19.

HB 2037 by Darby (R-San Angelo): Amends § 92.0561, Property Code, to require that repairs made pursuant to a tenant’s notice of intent to repair must be performed by an independent licensed repairman. Amends Sec. 94.107 to prescribe methods for a tenant to satisfy the notification of the tenant’s forwarding address for purposes of returning the security deposit. Amends Section 92.109(d) to provide that the landlord is presumed to have acted in bad faith if the tenant has surrendered possession and the tenant has complied with the notice requirement. Set for hearing in Senate B&C on 5/23.

SB 1802 by Alvarado (D-Houston): Imposes a duty of diligence on a landlord to repair a mobility assistance device, including a ramp, elevator, or hand rail, that was provided as an amenity at the time the tenant signed the lease. Makes a landlord liable for failing to provide and maintain such a device. Requires the landlord to forego rent and provide alternative housing until the device is repaired or end of the tenant’s lease term, whichever is earlier. Heard in House Trade on 5/14.

Employment Law

HB 762 by Leach (R-Plano): Adds § 180.011, Local Government Code, to limit the amount of severance pay a political subdivision may pay to an employee or contractor and to prohibit payment of severance pay to an employee or contractor dismissed for misconduct. Applies to a judgment in an action brought against the subdivision by an employee or contractor. Passed Senate on 5/21.

SB 324 by Kolkhorst (R-Brenham): 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. HB 3681 requires employers to report a person who could not be verified and imposes a criminal penalty on an employer who violates the statute. SB 324 referred to House State Affairs on 5/2.

Workers’ Compensation

HB 331 by Patterson (R-Frisco)/SB 1932 by Hinojosa (D-McAllen): Amends § 607.056, Government Code, to expand the heart attack or stroke presumption for first responders to “routine” stressful or strenuous physical activity that occurs not later than 8 hours after the end of the responder’s shift. Expands application of the presumption to activities involving law enforcement. HB 331 passed Senate on 5/9.

HB 2488 by Bell (R-Forney): Adds § 410.0055, Labor Code, to authorize the worker’s compensation division to conduct a remote contested case hearing on a determination of good cause or mutual agreement of the parties. Set for hearing in Senate B&C on 5/23.

SB 264 by Perry (R-Lubbock): Winds down the Texas self-insurance group guaranty fund and trust fund under the Texas Workers’ Compensation Act. Set on House Calendar on 5/21.

Pandemic Liability/Emergency Powers

SB 407 by Middleton (R-Galveston)/HB 1468 by Leo-Wilson (R-Galveston): Prohibits a health care facility from refusing a vaccination exemption based on reasons of conscience. Passed Senate on 4/29.

SB 871 by Birdwell (R-Granbury): Amends § 418.004(1), Government Code, to exclude from the definition of “disaster” a natural or man-made cause “unrelated to the use of force or violence such as civil unrest, riots, or insurrection.” Adds § 418.0126 to give the legislature sole authority to restrict or impair the operation or occupancy of businesses to respond to a disaster, in consultation with the county judge of each affected county. Requires the governor to call a special session if the governor finds that the authority of the legislature should be exercised. Adds § 418.014(c-1), Government Code, to require the governor to call a special session in order to renew or extend a declared state of emergency. Bars the governor from declaring a new state of disaster based on the same or a substantially similar finding as a prior state of disaster that was terminated or not renewed by the legislature. Amends § 418.055, Government Code, to require the governor and an affected state agency to publish a list of rules suspended by the governor in a state of emergency. Adds § 418.0165, Government Code, to bar the governor from suspending Chapter 433 (state of emergency) or a law or rule related to the application of the Texas Sunset Act (Ch. 325, Government Code) if the suspension results in the continuation of an agency beyond the sunset date. Limits suspension of a provision of the Code of Criminal Procedure, Election Code, or Penal Code only during the first 30 days of a declared state of disaster (if the governor wants to extend these further, he has to call a special session). Amends § 418.027, Government Code, to provide that a state declaration of disaster pre-empts a local declaration unless expressly authorized by the governor. Adds § 433.0025, Government Code, to give the legislature exclusive authority to restrict or impair the operation or occupancy or businesses during a disaster. Reported from House State Affairs on 4/28.

SJR 40 by Birdwell (R-Granbury): Amends § 8, Article IV, Texas Constitution, to require the governor to call a special session to renew a state of disaster if the disaster: (1) exists in at least 2/5 of the state’s counties; (2) affects at least half the state’s population; or (3) affects at least 2/3 of counties in each of three or more trauma service areas. Bars a state of disaster or emergency from last more than 30 days unless renewed or extended by the legislature (90 days for a nuclear or radiological event). Amends § 3, Article V, Texas Constitution, to grant standing to a member of the legislature to challenge the governor for not complying with special session requirement and to vest original jurisdiction in SCOTX for the challenge. Reported from House State affairs on 4/28.

Artificial Intelligence/Data Privacy

HB 149 by Capriglione (R-Southlake): Regulates the development and use of AI.

Amends § 503.001, Business & Commerce Code (Capture of Biometric Identifiers) to add a definition of “artificial intelligence.”
Adds § 503.001(b-1) to provide that an individual has not been informed or provided consent for the capture or storage of a biometric identifier for a commercial purpose based solely on the existence of an image or other media on the internet or other publicly available source (unless the individual already made it publicly available).
Amends § 503.001(e) to exempt the training, processing, or storage of biometric identifiers involved in AI systems, unless any of the above is performed for the purpose of uniquely identifying an individual.
Further exempts the development or deployment for an AI model or system for the purpose of (1) preventing, protecting against, detecting, or responding to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or other illegal activity, (2) preserving the integrity or security or a system, or (3) investigating, reporting, or prosecuting a person responsible for a security incident, identity theft, fraud, harassment, malicious or deceptive activities, or other illegal activity.
Adds § 503.301(f) to provide that if a biometric identifier used to train an AI system is subsequently used for a commercial purpose, the possessor is subject to regulation and penalties under Chapter 503.
Amends § 541.104(a)(2), Business & Commerce Code (consumer data protection), to require a possessor of a biometric identifier to assist the controller in complying with security requirements for data collected,stored, and processed by an AI system.
Adds Subtitle D, Title 11, Business & Commerce Code.
Adds Chapter 551 and applies it to a person who: (1) promotes, advertises, or conducts business in Texas; (2) produces a product or service used by Texas residents; or (3) develops or deploys an AI system in Texas. (Texas courts may not have subject matter jurisdiction over out-of-state individuals or entities with insufficient contacts with the state. This could render the bill at least partially unenforceable.)
Adds § 551.001 to define “artificial intelligence system,” “consumer,” and “Council” (the Texas Artificial Intelligence Council established by Chapter 554).
Adds Chapter 552 to regulate AI developers and deployers.
Adds § 552.001 to define “developer” and “deployer.”
Adds § 552.002 to provide that the statute may not be construed to impose a requirement that adversely affects a person’s rights or freedoms or to authorize any department or agency other than TDI to regulate the business of insurance. (This provision may violate constitutional separation of powers.)
Adds § 552.003 to preempt local regulation.
Adds § § 552.051 to require a governmental agency that makes available an AI system intended to interact with the public to disclose that to a consumer and prescribes requirements for the disclosure.
Adds § 552.051(f) to require the provider of a health care service that uses an AI system to disclose it to the recipient of the service not later than the date the service was first provided (except in an emergency, where disclosure must be provided as soon as reasonable).
Adds § 552.052 to prohibit development or deployment of an AI system to incite a person to commit self-harm, harm another, or engage in criminal activity
Prohibits an AI system to intentionally use deceptive practices under the DTPA;
Adds § 552.053 to prohibit a government entity from using AI system to assign social scores.
Adds § 552.054 to prohibit a government entity from developing or deploying AI systems with biometric identifiers and targeted or untargeted gathering o images or media for the purpose of uniquely identifying a specific individual.
Adds § 552.055 to prohibit an AI system from being deployed or developed (by any person) that intentionally limits political viewpoint expression. Prohibits an interactive computer service from using an AI system to discriminate a user based on political speech (except for illegal hate speech, obscenity, unlawful deep fake images, or in violation of intellectual property rights).
Adds § 552.006 to prohibit development or deployment of an AI system that unlawfully discriminates against a protected class (does not apply to an insurance entity already subject to antidiscrimination laws or prohibitions on unfair or deceptive practices; provides that a federally insured financial institution is considered as in compliance if it complies with all federal and state banking laws and regulations).
Adds § 552.057 to prohibit development or deployment of an AI system with the sole intent of producing or distributing unlawful visual material.
Adds § 552.101 to give the attorney general exclusive enforcement authority and to bar a private right of action.
Adds § 552.102 to require the OAG to create and maintain an online mechanism to receive consumer complaints.
Adds § 552.103 to give the attorney general civil investigative authority.
Adds § 552.104 to provide for notice of violation and opportunity to cure.
Adds § 552.105 to authorizes civil penalties of not less than $10-12,000 for a curable violation;
Authorizes an civil penalty of $80-200,000 for an uncurable violation;
Authorizes an civil penalty of $2-40,000 per day for a continuing violation
Authorizes the OAG to recover attorney’s fees and costs.
Creates a rebuttable presumption tht a person used reasonable care as required under the statute.
Allows a defendant to seek an expedited hearing, including a request for a declaratory judgment, on good faith belief that no violation has occurred.
Shields a defendant from liability if: (1) another person uses the AI system for a prohibited purpose; or (2) the defendant discovers a violation through feedback from a third-party, testing (including adversarial testing or red-team testing), following state agency guidelines, or substantial compliance with the most recent version of the “AI Risk Management Framework: Generative Institute of Standards and Technology” or another nationally or internationally recognized risk management framework.
Bars the OAG from bringing an action against a person for an AI system that has not been deployed.
Authorizes state agencies to sanction regulated persons and assess penalties of up to $100,000 or to suspend or revoke a license or other certification under certain circumstances.
Adds Chapter 553 to establish a Sandbox Program under the auspices of DIR.
Adds Chapter 554 to establish the Texas Artificial Intelligence Council.
1/1/26 effective date.

Reported as substituted from Senate B&C on 5/22.

SB 893 by Johnson (D-Dallas): Expands the election law offense of creating or distributing a deep fake video with the intent to injure a candidate or influence the election to apply to all such videos, not only those produced or distributed within 30 days of the election. SB 893 referred to Senate State Affairs on 2/13. SB 983 passed Senate on 3/24.

HB 421 by M. Gonzalez (D-El Paso): Adds Chapter 121, Business & Commerce Code, to require a deep fake generator to verify the age of a person depicted in the deep fake using commercially reasonable means. Prohibits a generator from generating a deep fake material depicting a person at least age 18 without the person’s consent. Bars the generation of any deep fake material depicting a person under age 18. Creates a private cause of action for actual and punitive damages, court costs, and attorney’s fees. Passed House on 4/29.

HB 449 by M. Gonzalez (D-El Paso): Expands § 21.165, Penal Code, to prohibit a person from, without effective consent, for knowingly producing a deep fake image or deep fake video of the person. HB 449 reported as substituted from Senate Criminal Jurisprudence on 5/21.

HB 2298 by Lalani (D-Sugar Land): Directs HHSC to establish a grant program for hospitals and health care facilities that use AI to scan medical images for cancer detection. Passed House on 5/8.

SB 815 by Schwertner (R-Georgetown): Adds § 4201.156, Insurance Code, to prohibit a utilization review agent from using an AI-based algorithm as the sole basis for taking an adverse action against an enrollee on the basis of medical necessity or the appropriateness of health care services or items. Authorizes the commissioner of insurance to audit and inspect. SB 815 heard in Senate Business & Commerce on 2/27. HB 4018 further permits the use of AI in UR as long as the algorithm is non-discriminatory and does override the decision-making of a physician or other provider (subject to the sole basis prohibition). Set on House Calendar on 5/23.

HB 3388 by Paul (R-Webster): Requires an insurer during an application for a group property and casualty insurance policy to provide to each applicant a written disclosure of whether the policy has a shared aggregate limit and, if so, the amount of the limit. Requires the insurer to deliver to each member covered by the policy a copy of the certificate of insurance and a copy of the policy (within 30 days of issuance, delivery, or renewal). Allows an insurer to provide a personal lines property and casualty insurance policy to a permitted group (10 or more insureds with a preexisting relationship) under certain conditions. Heard in Senate B&C on 5/21.

SB 441 by Hinojosa (D-McAllen): Adds § 98B.0021, CPRC, to impose liability on a defendant to a person depicted in AI intimate visual material for damages arising from the production, solicitation, disclosure, or promotion of the material if: (1) the defendant produces, solicits, discloses, or promotes the material without the effective consent of the person and with intent to harm the person; (2) the production, solicitation, disclosure, or promotion of the material causes harm to the depicted person; and (3) the production, solicitation, disclosure, or promotion of the material reveals the identity of the depicted person in any manner (including subsequent information or material related to the material or information provided by a third party in response to the disclosure of the material). Imposes liability on the owner of an Internet website, including a social media platform, and payment processors for damages arising from the production or disclosure of the material if the person knows or recklessly disregards that the depicted person did not consent. Provides that an Internet website owner is liable if the person depicted in the video requests the website to remove the material and the website fails to do so within 72 hours notify the requestor within 24 hours that the owner received the request or remove the material within 72 hours. Requires the owner of an Internet website, including a social media platform, to make available an easily accessible system allowing a person to submit a request to remove material. Requires a court to inform the claimant that the claimant may use a confidential identity in relation to the suit. Limits knowledge of the claimant’s identity to the judge, a party to the suit, the attorney representing a party, or a person authorized by written order of the court specific to that person. Requires the court to order a person entitled to know the claimant’s identity not to divulge the information, on penalty of contempt. Establishes a 10-year limitations period from the date the person depicted reasonably discovers the material or the person depicted turns 18 years of age. Reported as substituted from House JCJ on 5/20.

SB 668 by Hughes (R-Mineola): Adds Chapter 2003, Business & Commerce Code, to regulate persons who use AI to provide services to an individual in this state, including answering questions, gathering information, summarizing information, generating textual, audio, or visual material, or providing information to be used in lending, underwriting, risk assessment, investing, or hiring decisions. Applies only to a person who generated, or is more than 25 percent owned by a person who generated, at least $100 billion in total revenue, including revenue generated by subsidiaries. Requires the person to disclose the name of each AI model, a brief description of the model’s functions and purposes, the name of each public or private third party that provided input on the AI model and a description of that input, and any changes made to the model based on third-party input. Does not apply to third-party input provided in an individual’s personal capacity or based on an individual’s own experience using the service. Requires the regulated person to give the attorney general access to the person’s records to ensure compliance. Makes a violation of the statute a DTPA violation. Received in House on 4/25.

SB 1188 by Kolkhorst (R-Brenham): Adds Chapter 183, Health & Safety Code, to require medical facilities, health care practitioners, and governmental entities to store all electronic health record information of Texas residents only at a US location and to ensure that the records are inaccessible to any person located outside the US. Requires a health record to contain the individual’s medical history and any communications between a practitioner and a specialty health care practitioner related to the individual’s metabolic health and diet in the treatment of a chronic disease or illness. Prohibits the collection or storage of information related to an individual’s credit score or voter registration status. Requires a practitioner who uses AI for diagnostic or other purposes to review all information obtained through AI to ensure the accuracy of the information for that patient before entering the information in the patient’s electronic health record. Requires facilities, practitioners, or governmental entities to allow a minor’s parent, guardian, or conservator to fully access the minor’s electronic health record unless access is restricted under other law. Requires the TMB and TDI to ensure that each electronic health record include a separate space for the practitioner to document the individual’s biological sex, information on sexual disorders, and any algorithm or decision assistance tool to assist a practitioner in making a medical treatment decisions based on the individual’s biological sex. Enforcement by disciplinary action of the appropriate state licensing agency. Set on House Calendar on 5/21.

SB 1643 by Schwertner (R-Georgetown): Requires prior approval by the commissioner of insurance of a rate increase of more than 10% for residential property or personal auto insurance. Not heard in House Insurance on 5/14.

SB 1791 by Middleton (R-Galveston)/HB 5017 by Morgan (R-Richmond): Adds § 1952.061, Insurance Code, to require an personal auto insurer to include in a policy a requirement that the insurer will attempt to communicate with the named insured at least 5 times or until the insured responds during the 45-day period following the date of a liability claim against the insured, and if the insurer is unable to communicate in that time, the insurer must pay the claim and decline to renew the policy. SB 1791 reported as substituted from Senate B&C on 4/2.

SB 1822 by Johnson (D-Dallas): Requires an issuer to publish on its website a disclosure regarding the issuer’s use of AI-based algorithms in its utilization review process. Requires an issuer to submit an AI-based algorithm and training data sets that may be used in utilization review to TDI for certification that they have minimized the risk of discrimination and adhere to evidence-based clinical guidelines. Heard in House Insurance on 5/7.

HB 5560 by Harris (R-Palestine): Increases civil penalties set by groundwater districts from $10,000 to $25,000. Set on House Items Eligible Calendar on 5/21.

SB 2637 by Johnson (D-Dallas): Requires a social media platform to publish a disclosure of any content posted on the platform by a bot account. Imposes a civil penalty of up to $7,500 per violation. Attorney general enforcement. Heard in House Trade on 5/21.

Administrative Procedures

HB 2015 by Zwiener (D-Driftwood): Amends § 54.015, Water Code, to require a petition for creation of a municipal utility district to include a water conservation plan. Passed House on 5/15.

HB 3146 by Bumgarner (R-Flower Mound): Repeals § 12.032(a), (e) (MOU between the Ag Commissioner and SOAH to conduct administrative hearings); § 22.018, Human Resources Code (MOU between HHS and SOAH); §§ 40.066(a), (b). and (d), Human Resources Code (MOU between DSPS and SOAH); § 40.004, Insurance Code (MOU between TDI and SOAH); § 402.073(a), Labor Code (MOU between TDI and SOAH for workers’ comp cases); and § 524.033(c) and (d), Transportation Code (MOU between DPS and SOAH). Sends contested cases directly to SOAH. Passed Senate on 5/22.

SB 14 by King (R-Weatherford): Establishes the Texas Regulatory Efficiency Office. Provides that court is not required to give deference to a state agency’s construction of a rule. Directs a court to review questions of law de novo. Signed by Governor on 4/23. Effective 9/1/25.

Jury Matters

HB 745 by Vasut (R-Angleton): Exempts from jury duty a victim or close relative of a deceased victim of a crime who testified in a court proceeding relating to the offense of which the person or relative were a victim. Passed House on 4/25.

HB 2637 by DeAyala (R-Houston): Adds § 30.0071, CPRC, to require a party to a civil action seeking a jury trial to file a written demand for a jury trial with the court clerk and pay a $50 jury fee at least 30 days before the first scheduled trial date. Amends § 62.102, Government Code (general qualifications for jury service), to disqualify a convicted felon. Amends § 62.106(a), Government Code, to lower the exemption age to 75 (currently “over 75). Amends § 62.109, Government Code, to authorize the district clerk to exempt from jury service a person with a physical or mental impairment or with an inability to comprehend or communicate in English. Requires the district clerk to maintain a list of persons permanently or temporarily disqualified. Reported from Senate Criminal Jurisprudence on 5/21.

SB 1189 by A. Hinojosa (R-Brownsville)/HB 3912 by Morales (D-Eagle Pass): Exempts firefighters and police officers from jury duty. Referred to Senate State Affairs on 2/28. HB 3912 referred to House JCJ on 3/27.

HB 4749 by Landgraf (R-Odessa): Provides that in a county of less than 25,000, the jury wheel may be reconstituted by using voter registration lists and holders of valid Texas driver’s licenses or valid DPS-issued identification cards. Qualifies otherwise qualified jurors in those counties who reside in a county contiguous to the summoning county. HB 4749 heard in Senate State Affairs on 5/8.

Insurance

HB 722 by Bucy (D-Austin): Requires an auto insurer, at the request of the insured, to provide a written explanation of the procedures, formulas, calculations, or methods used by the insurer’s appraisers to determine the amount of loss. Passed House on 5/13.

SB 1257 by Hughes (R-Tyler): Requires group health insurance plans that cover an enrollee’s or procedure to cover all possible consequences of the treatment, any testing or screening gender transition 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 engrossed at the time of the gender transition procedure. Exempts ERISA plans. SB 1257 sent to Governor on 5/13.

HB 854 by Hernandez (D-Addison): Requires a residential property insurer in a policy that includes replacement cost coverage to pay at least 80% of the estimated cost or repair for a valid claim. Does not require the insurer to pay more than replacement cost for personal property of like kind and quality. Passed House on 5/13.

SB 1238 by Kolkhorst (R-Brenham): Amends § 544.002, Insurance Code, to bar an insurer from refusing to provide coverage or providing differential coverage on the basis that an individual is widowed. Signed by Governor on 5/20. Effective 9/1/25.

SB 926 by Hancock (R-Richland Hills): Adds § 843.322, Insurance Code, to authorize an HMO to provide incentives for enrollees to use certain physicians or providers through modified deductibles, copayments, coinsurance, other cost-sharing provisions. Imposes on an HMO a fiduciary duty to engage in cost-sharing incentives or establishing a tiered network plan for the primary benefit of the enrollee or group contract holder. Adds § 1301.0047, Insurance Code, to apply the same provision to insurers. Amends § 1460.003, Insurance Code, to allow a health benefit plan issuer from publishing physician rankings or classifications into tiers unless: (1) the standards are promulgated by commission rule; (2) the issuer discloses the ranking to the affected physician at least 45 days in advance of publication and identifies which products or networks the ranking will be used for; and (3) the issuer gives each physician an easy-to-use process to identify discrepancies between the standards and the physician’s ranking. (Current law is similar, but the bill requires the commissioner to adopt the standards by rule, whereas current law allows the issuer to use nationally-recognized standards.) Amends § 1460.005(c), Insurance Code, to limit the commissioner’s discretion in adopting standards to certain, “unbiased” organizations that are nationally-recognized, have publicly-transparent criteria, and uses risk-adjusted outcomes and an easy-to-use process by which a provider may report errors and have them corrected. SB 926 reported from House Insurance on 4/29.

HB 2067 by Paul (R-Webster)/SB 1006 by Middleton (R-Galveston): Amends various sections of Chapter 551, Insurance Code, to require an insurer to provide a written statement of the reasons for declining an insurance policy (current law requires a statement only if requested). SB 1006 passed Senate on 3/26. HB 2067 heard in Senate B&C on 5/20.

HB 2213 by A. Johnson (D-Houston): Amends § 2210.102(d), Insurance Code, to require three members of the TWIA board to reside outside the first tier coastal counties (current requirement is more than 100 miles from the Texas coastline). Heard in Senate B&C on 5/15.

HB 2221 by Hull (R-Houston): Adds Chapter 1702, Insurance Code, to establish uniform standards for prohibited practices of life insurance, annuity contracts, accident and health insurance, and health care plans. Provides that a cost to an insurer, HMO, or agent of a loss-control or value-added product or service to an insured must be reasonable in comparison to the premiums or coverage for the class of the insured’s, annuitant’s, or enrollees policy or contract. Requires an insurer, HMO, or agent that provides a loss-control or value-added product or service to assure that the insured, annuitant, or enrollee is provided with contact information for purposes of assistance. Requires the insurer, HMO, or agent to base the availability of a loss-control or value-added product or service on objective criteria, offer the service or product on a basis that is unfairly discriminatory, and maintain documented criteria and produce the criteria at TDI’s request. Prohibits an insurer, HMO, or agent from offering or providing insurance, annuity, or health care plan coverage as an inducement to purchase another policy or contract or to use the words “free” or “no-cost” (or words of similar meaning) in an advertisement. Bars non-cash gifts, items, or services, including meals, to or charitable donations on behalf of a consumer under certain conditions. Bars raffles or drawings under certain conditions. Bars a life or annuity insurer from offering certain consumer inducements, such as rebates, special favors or advantage in dividends or other benefits, stocks, bonds, other securities, dividends, or anything of value not specified in the contract. Bars an insurer from permitting an agent, officer, or employee from offering certain inducements, such as stock, benefit certificates or shares, securities, or special contracts promising returns or profits. Bars unfair distinctions or discrimination between individuals of the same class and life expectancy regarding rates, benefits, dividends, or any other contract benefit. Prescribes parallel prohibitions for accident and health coverage. Heard in Senate B&C on 5/15.

SB 1644 by Schwertner (R-Georgetown): Adds § 559.058, Insurance Code, to require an insurer that uses credit scoring to use a consumer report issued not more than 90 days before the policy is first issued or renewed and to reassess the insured’s policy rating at least every 3 years. Requires the insurer to notify the insured of any change in the insured’s credit score and premiums. Requires the insurer, at the request of an insured, to re-underwrite and re-rate the policy based on a current credit report or insurance score not exceeding once each 12-month period. Allows an insured to opt-out of credit score updates, or the insured is in the most favorably priced tier of the insurer within a group of affiliated companies. SB 1664 reported from House Insurance on 4/29.

HB 3960 by Paul (R-Webster): Adds § 705.1045, Insurance Code, to authorize a life insurer to rescind or terminate a policy within two years of issuance based on a material misrepresentation in the application. Heard in Senate B&C on 5/15.

SB 213 by West (D-Dallas): Adds § 541.062, Insurance Code, to make it an unfair or deceptive practice to require a consumer to purchase multiple personal lines of property and casualty insurance from the same insurer or a personal line property and casualty policy as a condition for the issuance of another policy. Passed House on 5/21.

SB 455 by Middleton (R-Galveston)/HB 2275 by Meyer (R-Dallas): Requires a surplus lines insurance contract for a risk located wholly in the state that contains an arbitration agreement to provide that the arbitration will be conducted in Texas and governed by the laws for Texas. Provides further that the insurance contract will be interpreted in accordance with Texas law, unless the insurer and policyholder agree to a different venue and the insurer provides a premium credit to the policyholder for the costs resulting from the change in venue. Permits the insurer and policyholder to agree to a different venue and governance under another state’s law for contracts over $2 million. SB 455 Senate concurred in House amendments on 5/14.

SB 495 by Sparks (R-Midland): Prohibits TDI from requiring an insurer to comply with a NAIC rule developed using any ESG model unless specifically required by statute. Prohibits TDI from adopting a rule relating to ESG developed by an entity not licensed or regulated by TDI, NAIC, or an entity of the state or federal government that regulates insurance. Authorizes a declaratory judgment action to declare such a rule invalid. SB 495 reported from House Insurance on 5/2.

SB 458 by Schwertner (R-Georgetown): Adds Chapter 1813, Insurance Code, to require personal auto or residential property insurance policies to include a compliant appraisal provision. Provides that an appraisal conducted under such a provision does not affect other policy terms. Provides that the finding of an appraiser as to the amount of loss is binding on the parties. SB 458 reported as substituted from House Insurance on 5/9.

SB 493 by Kolkhorst (R-Brenham): Adds, § 1369.803, Insurance Code, to prohibit a health plan issuer from prohibiting or restricting a pharmacist or pharmacy from informing an enrollee of any difference between the enrollee’s out-of-pocket cost for a prescription drug under the plan and the out-of-pocket cost without submitting a claim. Set on House calendar on 5/19.

HB 138 by Dean (R-Longview): Directs the Center for Health Care Data at UT Health Science Center in Houston to establish the Health Impact, Cost, and Coverage Impact Program to prepare analyses of legislation imposing new mandates on health benefit plan issuers or administrators. Authorizes the lieutenant governor, speaker, or chair of the appropriate committee to request an analysis of proposed legislation regardless of whether the legislature is in session. Passed Senate on 5/22.

HB 5402 by Geren (R-Fort Worth): Adds § 314.006, Government Code, to require the Legislative Budget Board to prepare a fiscal impact statement for a bill or resolution that requires a health benefit plan issuer to provide new health benefits, increase payments to health care providers, or implement new contractual or administrative requirements. Requires the statement to estimate the impact on premiums and other costs paid by enrollees. Passed House on 5/16.

SB 945 by Hughes (R-Tyler): Bars an insurer or holding company from including an ESG shareholder proposal in a proxy statement or from adopting one. Vote failed in House State Affairs on 5/15.

SB 1082 by West (D-Dallas): Prohibits an insurer from declining or not renewing a personal auto or residential policy on the basis of a previous claim. Referred to Senate Business & Commerce on 2/24.

SB 1122 by Schwertner (R-Georgetown): Requires PBMs to comply with Subchapters L and M, Chapter 1369, Insurance Code, which, among other things, prohibit PBMs from administering a plan that treats the plan’s affiliated pharmacists differently than non-affiliated pharmacists (i.e., A PBM must accept any willing provider). Applies to ERISA plans. Reported from Senate HHS on 3/31.

SB 1236 by Hughes (R-Tyler)/HB 3317 by Hefner (R-Mount Pleasant): Adds § 1369.259(a-1) to prohibit an issuer or PBM from, as the result of an audit, denying or reducing a claim made to a pharmacist or pharmacy except in cases of fraud, where payment has already been made, or where the pharmacist or pharmacy made a substantive non-clerical error or non-recordkeeping error that led to the patient receiving the wrong drug or dosage. Limits the issuer or PBM to recovery of the dispensing fee, not the cost of the drug or any other amount related to an audited claim. Requires an issuer or PBM to make available to any pharmacy or pharmacist in the network a secure, online portal for access to all pharmacy benefit network contracts. Mandates that a pharmacy or pharmacist have an opportunity to refuse a proposed notification or addendum to a network contract. Bars an issuer or PBM from requiring a pharmacist or pharmacy to pay a fee for providing a network contract or a re-credentialing or re-enrollment fee. Bars an issuer or PBM from requiring a pharmacy or pharmacist to participate in a network or otherwise set conditions on participation or impose penalties for refusal to participate. Passed House on 5/13.

HB 1791 by Middleton (R-Galveston): Requires a personal automobile insurance policy to contain a provision requiring the insurer to attempt to communicate with the named insured at least five times or until the insured responds during the 45-day period following a liability claim against the insured by a third part, and, if the insurer is unable to communicate with the insured in that time, pay the claim and decline to renew the policy. Placed on Senate Intent on 4/22.

HB 3520 by Spiller (R-Jacksboro): Lowers the minimum insurance requirement for a rideshare company when the driver is engaged in a prearranged ride but the rider is not in the vehicle. Set for hearing in Senate B&C on 5/23.

SB 2530 by Middleton (R-Galveston): Bars TWIA from lobbying. Imposes a $10,000 fine for violations. Heard in House Insurance on 5/19.

Nullification

HB 796 by C. Bell (R-Magnolia): Adopts the Texas Sovereignty Act to establish a process under which the state can declare federal law unconstitutional and refuse to enforce it. HB 796 heard in Senate State Affairs on 5/15.

HB 2881 by Isaac (R-Dripping Springs): Bars state or local government from enforcing certain federal law regulating the sale or purchase of ammunition. Set on House calendar on 5/15.

SB 707 by King (R-Weatherford): Authorizes the legislature by concurrent resolution to determine that a federal law, rule, or other directive is unconstitutional and to prohibit a state or local government or employee from enforcing it. Requires a vote of two-thirds of members present to introduce such a resolution. Passed Senate on 3/31.

SB 888 by Kolkhorst (R-Brenham): Amends § 402.024, Government Code, to require the attorney general defend a state district or county attorney in an action in federal court if the district or county attorney is a defendant in a federal action, the action involves the enforcement of a state statute, the district or county attorney has taken a position in opposition to the federal government, and the district or county attorney requests assistance. SB 888 passed House on 5/9.

Civil Rights

HB 2102 by Leo-Wilson (R-Galveston)/SB 1909 by Creighton (R-Conroe): Defines “anti-semitism” as racial discrimination for purposes of prohibiting discrimination by public schools and institutions of higher education on the basis of race, ethnicity, national origin, gender, disability, religion, or marital status. Provides that disciplinary action against a student or employee based on anti-semitism shall be the same as an action based on racism. Senate version specifically calls for disciplinary sanctions for students and student organizations. Requires higher ed institutions to certify compliance in order to spend appropriated funds. Referred to House State Affairs on 3/14. SB 1909 heard in Senate Ed on 4/15.

HB 2242 by Dutton (D-Houston): Adds § 86.021(f), Local Government Code, to provide that for purposes of a civil rights action under 42 USC § 1983, a constable is a final policy maker on law enforcement decisions for the constable’s county. Passed House on 5/14.

HJR 87 by Zwiener (D-Driftwood)/SJR 14 by Johnson (D-Dallas): Adds § 1A, Art. III, Texas Constitution, to establish a process for initiative and referendum. Referred to House State Affairs on 3/10.

SB 965 by Parker (R-Flower Mound): Provides that the right of a public school employee to engage in religious speech or prayer while on duty may not be infringed on by the district or the state unless the infringement services a compelling governmental interest and is narrowly tailored using the least restrictive means to achieve that interest. Set on House Calendar on 5/21.

SJR 12 by Paxton (R-McKinney): Proposes a constitutional amendment guaranteeing a parent’s right to direct the education of the parent’s child. Passed Senate on 4/7.

SJR 34 by Hughes (R-Tyler): Adds Art. I, § 37, Texas Constitution, to give a parent the responsibility to nurture and protect the parent’s child and corresponding fundamental right to exercise care, custody, and control of the child, including the right to make decisions concerning the child’s upbringing. Senate concurred in House amendments on 5/20.

Procedure, Discovery, and Privilege

HB 2446 by Dutton (R-Houston): 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. Passed House on 5/12.

HB 2966 by Meyer (R-Dallas)/SB 1516 by Johnson (D-Dallas): Amends § 27.009(a), CPRC, with respect to the award of costs and attorney’s fees to the moving party, to change “incurred in” to “for defending against the legal action.” SB 1516 referred to State Affairs on 3/6. HB 2966 passed House on 5/14.

HB 2986 by Moody (D-El Paso): Adds § 51.014, CPRC, to authorize the appellate court to lift a stay on a party’s motion if the court determines that lifting the stay is necessary for the specific and limited purpose of preventing irreparable harm to a party or the public. Referred to Senate State Affairs on 4/28.

HB 5134 by Garcia Hernandez (D-Addison): Adds § 20.003, CPRC, to permit a pre-suit deposition on oral examination or written questions to perpetuate or obtain the person’s own testimony or that of any other person for use in an anticipated action, or to investigate a potential claim or action. Prohibits a pre-suit deposition if the requestor has not sustained actual damages or will not reasonably sustain actual damages in the anticipated action. Makes the requestor liable for attorney’s incurred in challenging an illegal request. Bars SCOTX from modifying or repealing the statute by rule. HB 5134 passed House on 5/10.

HB 2884 by Landgraf (R-Odessa): Adds Chapter 28, Civil Practice & Remedies Code, to require a claimant in an action against a defense contractor to disclose, as part of initial disclosure required by TRCP 194, whether the claimant or the claimant’s attorney has received direct or indirect funding or support from any individual, entity, or government affiliated with a sanctioned or embargoed nation and the identity of all sources of such funding. Makes disclosure a continuing obligation. Bars assertion of privilege or other exemption from disclosure. Authorizes a court to impose sanctions, including a stay or dismissal of the action. HB 2884 sent to Governor on 5/16.

HB 4027 by Zwiener (D-Driftwood): Adds § 20.003, CPRC, to impose requirements on depositions of victims of family violence or abusive conduct by the petitioner. Requires the petitioner to disclose whether he or she is or was subject to a protective order or a criminal complaint. Establishes a clear and convincing evidence standard for granting the petition. Passed House on 5/10.

HB 4081 by Vasut (R-Angleton): Adds § 134A.0065, CPRC, to establish a statutory process for sealing a document containing alleged trade secrets. Heard in Senate State Affairs on 5/22.

HB 4139 by Zwiener (D-Driftwood): Bars the use of videography in voir dire and in a court proceeding involving a child under 18 who is the alleged victim of a sexual offense or an offense involving family violence. Further bars the use of videography in a proceeding involving an individual 18 years or older unless the individual voluntarily consents. Prohibits videotaping a juror until after discharge unless the juror consents. Passed House on 5/8.

HB 4145 by Dyson (R-College Station): Amends § 146.002, CPRC, to allow a health care provider to submit a bill to the claimant’s attorney by the 1st day of the eleventh month after the services were rendered. Heard in Senate State Affairs on 5/15.

SB 2411 by Schwertner (R-Georgetown)/HB 4862 by Longoria (D-Mission): Adds §§ 1.0056 and .0057, Business Organizations Code, to provide that a code reference or grant of jurisdiction to a district court includes a reference or grant of concurrent jurisdiction to the business court, if that court has subject matter jurisdiction. Provides for the supremacy of Texas law, though managerial officials of a domestic entity may consider laws or decisions in other states in exercising their powers. Permits the governing documents of a domestic entity to require exclusive jurisdiction and venue in Texas. Shares a number of common provisions with HB 15. SB 2411 passed House on 5/14.

SB 2417 by King (R-Weatherford): Authorizes the attorney general, in an antitrust investigation, to conduct interviews with persons who may have relevant information. Provides that written materials or typed memoranda from such interviews constitute attorney work product and are confidential under Ch. 551, Government Code. Provides that if the attorney general files suit, the material constitutes privileged attorney work product. Passed Senate on 5/12.

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