As you know, the 88th Regular Session was one for the record books in terms of the number of new causes of action, enforcement actions with penalties and attorney’s fees, and regulatory bills chock full of vague standards and, in a few cases, dubious constitutionality. Fortunately, most of these bills did not survive the process (though a lot of them got perilously close). Unfortunately, some of the good legislation, such as public nuisance reform, didn’t make it either. In any event, here is a list of what we consider the most significant proposals that fell short of the finish line. (Note: This is not a complete list of bills TCJL worked on this session. A supplemental list will soon follow.)
Tort Liability
Public Nuisance – HB 1372 by Cody Harris (R-Palestine): Adds Chapter 100C, CPRC, to limit the cause of action for public nuisance. Excludes the following claims, actions, or conditions from giving rise to a public nuisance cause of action: (1) an action or condition authorized, approved, or mandated by a court order; (2) an action or condition authorized, approved, or mandated by a statute, ordinance, regulation, permit, order, rule, or other measure issued, adopted, promulgated, or approved by the federal government, a federal agency, a state, a state agency, or a political subdivision; (3) a claim based on the manufacturing, distribution, selling, labeling, or marketing of a product, regardless of whether the product is defective. Bars the aggregation of private nuisance claims to produce a violation of established public rights. Provides that this chapter controls a conflict with the common law. Died in House Calendars 4/14/23
HB 2955 by Bumgarner (R-Flower Mound)/HB 2117 by Oliverson (R-Cypress)/SB 1971 by Bettencourt (R-Houston): Adds Chapter 108A. CPRC, to create a cause of action against a judge or magistrate for damages arising from an offense committed while the perpetrator was released on personal bond if the offense for which the person was released on bond is an offense involving violence and the judge or magistrate released the defendant in violation of Art. 17.03(b-2), Code of Criminal Procedure. Caps the amount of damages at $10 million and does not permit the judge or magistrate to assert judicial or other immunity. HB 2117 vote failed in House Judiciary & Civil Jurisprudence 5/3/23 | HB 2955 and SB 1971 never received a hearing
HB 3030 by Johnson (D-Farmers Branch): Makes an employer liable in a civil action for personal injury, death, or any other damages caused by an employee whose job duties require or may require entering into a person’s residence if the employer failed to verify the employee’s employment history before hiring and the damages occurred in connection with the employee entering the residence of a person in the course of employment. Never received a hearing
HB 3357 by Schatzline (R-Fort Worth): Adds Chapter 98C, CPRC, to impose civil liability against a defendant who engages in obscenity or knowingly or intentionally benefits from obscenity. Applies to information content providers and shareholders and members of business entities. Limits defenses. Authorizes recovery of actual damages, including mental anguish, costs, and attorney’s fees. Authorizes recovery of punitive damages. Imposes joint and several liability. Died on House General State Calendar on 5/11/23
HB 3533 by Leach (R-Allen): Amends § 16.0046, CPRC, to eliminate the limitations period for suits for personal injury arising from certain offenses against a child. Never received a hearing
HB 3545 by Moody (D-El Paso)/SB 964 by Johnson (D-Dallas): 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. Passed House on 5/9 125-15-2 | Died in Senate State Affairs
HB 3570 by Schatzline (R-Fort Worth)/HB 3585 by Leo-Wilson (R-Galveston): Creates a cause of action against a commercial entity that knowingly or intentionally publishes or distributes material on an Internet website, including a social media platform, more than one-third of which is sexual material harmful to minors, and that fails to verify that the user is 18 or older for damages to a parent or guardian of the minor, including court costs and attorney’s fees. Creates a cause of action against a commercial entity for knowingly retaining identifying information of an individual after access has been granted. Establishes verification methods required of commercial entities or third party that performs verification for the entity. HB 3570 died on House General State Calendar 5/11 | HB 3585 never received a hearing
HB 3756 by Flores (D-Austin)/SB 2421 by Zaffirini (D-Laredo): 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. HB 3756 passed House on 4/27/23 91-57-1, died in Senate State Affairs | SB 2421 never received a hearing
HB 4239 by Vasut (R-Angleton)/SB 2121 by Creighton (R-Conroe): Provides that a property owner is not liable for personal injury or death of a contractor, subcontractor, or employee of a contractor or subcontractor arising from work on an insurance restoration project if the contractor or subcontractor does not maintain workers’ compensation insurance coverage. Defines “insurance restoration project” as repair of a home, business, or other structure following a fire, natural disaster, water damage, or mold damage for which the work is or will be compensated by insurance. HB 4239 died in House Judiciary and Civil Jurisprudence | SB 2121 never received a hearing
HB 4915 by Martinez Fischer (D-San Antonio): Amends § 17.46(b), Business & Commerce Code, to add to the list of DTPA violations “advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges other than taxes.” Never received a hearing
HJR 166 by Thompson (R-Pearland): Amends § 26, Art. XVI, Texas Constitution to extend the right of recovery of exemplary damages for homicide to the deceased person’s estate. Passed House 128-1-2 on 5/3/23, died in Senate State Affairs
SB 1034 by Middleton (R-Galveston): Adds Chapter 100C, CPRC, to limit the cause of action for public nuisance. Excludes the following claims, actions, or conditions from giving rise to a public nuisance cause of action: (1) an action or condition authorized, approved, or mandated by a court order; (2) an action or condition authorized, approved, or mandated by a statute, ordinance, regulation, permit, order, rule, or other measure issued, adopted, promulgated, or approved by the federal government, a federal agency, a state, a state agency, or a political subdivision; (3) a claim based on the manufacturing, distribution, selling, labeling, or marketing of a product, regardless of whether the product is defective. Bars the aggregation of private nuisance claims to produce a violation of established public rights. Died in Senate State Affairs.
Medical Liability
HB 536 by Wu (D-Houston): Amends § 74.301, CPRC, to index the $250,000 cap on noneconomic damages in health care liability cases by the CPI from September 1, 2003 to the time when damages are awarded in a judgment or settlement. Indexes both liability limits and financial responsibility amounts. Died in House Judiciary and Civil Jurisprudence
HB 888 by Slawson (R-Stephenville): Adds § 74.252, CPRC, to extend the statute of limitations for a claim by a minor based on the administration of a puberty suppressing drug or cross-sex hormone to or the performance of surgery or another medical procedure on the minor for the purpose of gender transitioning or gender reassignment. Provides that such that a claim must be brought by the minor’s 25th birthday, rather than the 14th birthday for all other health care liability claims. Died on House General State Calendar 5/11/23
HB 1100 by Julie Johnson (D-Dallas)/SB 611 by Johnson (D-Dallas): Requires a senior living facility to conduct criminal background checks on employees and to require contractors to conduct background checks on their employees who will have access to the facility. Requires the facility to report all criminal activity to law enforcement. Prohibits the facility from preventing or inhibiting a resident from communicating with law enforcement, family member, social worker, or other interested person regarding the safety or security of the facility. Prohibits the facility from preventing a law enforcement officer from entering a common area of the facility to conduct a voluntary interview with a resident as part of an investigation of criminal activity at the facility. Prohibits a lease, rental, or purchase agreement with a resident from waiving liability, requiring arbitration, or controlling the content or execution of the resident’s advance directive or testamentary documents. Imposes civil liability for damages to a resident for violations or failure to implement a safety policy or procedure and exempts actions from Chapter 74, CPRC. HB 1100 passed House 99-43 on 5/4/23, died in Senate Health and Human Services | SB 611 never received a hearing
HB 3063 by Moody (D-El Paso): Amends § 74.051(c), CPRC, to provide that notice of a health care liability claim tolls the statute of limitations [n]otwithstanding the inadequacy of a medical authorization provided under Section 74.052 . . .” Withdrawn from hearing schedule 4/12, not heard in House Judiciary and Civil Jurisprudence
Commercial Litigation/Oil and Gas
HB 5214 by Spiller (R-Jacksboro): Authorizes the attorney general to bring a civil action against a person on behalf of an individual or entity for injury to that individual or entity’s business or property caused, directly or indirectly, by the person’s violation of § 15.05 (Texas Free Enterprise and Antitrust Act). Authorizes recovery of actual damages, interest, costs, attorney’s fees, expert witness fees. Authorizes treble damages and attorney’s fees for willful or flagrant conduct. Passed House 143-1 on 5/3, Passed Senate 29-2 on 5/16, House did not move to concur or appoint conference committee 5/18
Employment Law
HB 81 by Harrison (R-Midlothian)/SB 177 by Middleton (R-Galveston): Prohibits a person from compelling or coercing an individual lawfully residing in the state into obtaining a COVID-19 vaccination contrary to the individual’s vaccination preference. Requires a health care provider to obtain an informed consent for a COVID vaccine. Prohibits a person from taking an adverse action based on the person’s refusal to obtain a COVID vaccine. Authorizes the attorney general to obtain injunctive relief against a person to prevent a violation of this act. Imposes civil liability against a health care provider of $5,000 and allows recovery of all costs and reasonable attorney’s fees. HB 81 died in House Calendars | SB 177 passed Senate 20-11 on 4/18, died on House General State Calendar 5/23/23
HB 1999 by Johnson (D-Farmers Branch)/SB 1041 by Hughes (R-Tyler): Adds § 21.2545, Labor Code, to authorize a person to bring a civil suit for damages arising from an unlawful employment practice based on sexual harassment, regardless of whether the person has filed a complaint or has received a right to sue letter. Establishes a two-year statute of limitations. Makes the action subject to the § 41.008, CPRC, limits on punitive damages, not the statutory limits in § 21.2585, Labor Code. Neither bill received a hearing
HB 2115 by Flores (D-Austin): Amends § 21.2585, Labor Code, which limits recovery of compensatory and punitive damages against an employer in an unlawful intentional employment practices case, to exclude from the limitation an action for sexual harassment, unlawful employment practice based on sex, and retaliation in connection with an unlawful practice based on sex. Applies § 41.008, CPRC, cap on punitive damages to such actions. Never received a hearing
HB 4309 by Neave Criado (D-Dallas): Adds § 25.002, Labor Code, to render void and unenforceable any provision of a nondisclosure or confidentiality agreement that prohibits or limits an employee from notifying law enforcement or a regulatory agency of sexual assault or sexual harassment committed by an employee of the employer or at the employee’s place of employment, or that prohibits an employee from disclosing to any person facts surrounding the assault or harassment. Passed House 111-34 on 5/5/23, died in Senate Natural Resources 5/10/23
Product Liability
HB 1936 by Lozano (R-Kingsville)/SB 417 by Paxton (R-McKinney): Adds Chapter 121, Business & Commerce Code, to impose civil liability on the manufacturer of an electronic device (smartphone or tablet) that is activated in this state, does not automatically enable a filter to prevent a minor from accessing sexually explicit material, and a minor user accesses such information. Requires the filter to “reasonably prevent a user of the electronic device from circumventing, modifying, removing, or uninstalling the filter without entering a password or access code. Creates a defense if the manufacturer makes a “good faith effort” to manufacture the device that automatically enables the filter. Authorizes the attorney general to collect a $30,000 per violation civil penalty. Authorizes a parent or guardian to bring an action against a manufacturer for $10,000 in damages, costs, and attorney’s fees. HB 1936 never received a hearing | SB 417 passed Senate 29-2, died in House Youth Health & Safety, Select
Construction Law
HB 1963 by Leach (R-Plano): Amends § 162.001, Property Code, to provide that funds reserved by the owner during the progress of work for purposes of a mechanic’s lien are trust funds. Amends § 162.003(a), Property Code, to provide that an artisan, laborer, mechanic, contractor, subcontractor, or materialman is a beneficiary of trust funds reserved under the mechanic’s lien retainage requirement (§ 53.101, Property Code). Amends § 162.034, Property Code, to require a court to award costs and attorney’s fees to a beneficiary who prevails in an action for misapplication of trust funds. Died in House Calendars 5/9/23
HB 2310 by Canales (D-Edinburg): Adds Chapter 28, CPRC, to govern commercial construction defect litigation. Requires a claimant asserting a defect to describe as to each defendant the specific defect giving rise to the claim, state the factual basis for the claim, and be verified by a person with knowledge of the facts stated in the petition. Allows a defendant to move to dismiss for failure to comply with the pleading requirement, subject to repleading to correct deficiencies. Requires a hearing on the motion to dismiss within 30 days of service of the motion, unless extended for good cause or by consent. Provides that failure to file a compliant pleading does not toll limitations. Allows a defendant to move to dismiss based on a standard that no reasonable jury could find that the defendant’s services, labor, or materials caused or created the defect. Authorizes a court to award costs and attorney’s fees to a party that prevails in a motion to dismiss. Died in House Calendars 5/5/23
HB 2657 by Leach (R-Plano): Amends § 272.001, Business & Commerce Code, to make a construction contract between an original contractor and owner voidable if the owner does not, on written request, provide a copy of any incorporated document on or before the 10th day before the date the contract is executed. Allows the owner to redact information in the document that is not incorporated into the contract. Imposes the same requirement on a contract between a subcontractor and an original contractor and on a contract between subcontractors. Provides that a contract provision is voidable only to the extent of its applicability to the incorporated document. Allows a party to provide the incorporated documents by a link to the document on an Internet website or file hosting service that may be accessed by the other party free of charge. Prohibits waiver of these requirements. Died in House Calendars 5/9/23
Procedure/Discovery/Privileges
HB 556 by Vasut (R-Angleton): Directs the supreme court to adopt rules allowing for documents containing alleged trade secrets to be filed under seal. Requires the rules to require the document to be filed with an affidavit describing the document and the basis for claiming trade secret privilege. Makes the affidavit open to public inspection. Requires the rules to provide for the unsealing of the documents on a motion by any person on a showing of a specific, serious, and substantial interest that clearly outweighs a presumption in favor of preserving the secrecy of trade secrets or a determination by the court that the document does not contain a trade secret. Requires adoption of the rule by January 1, 2024. Never received a hearing
HB 955 by Dutton (D-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. Died in House Judiciary and Civil Jurisprudence 4/5/23
HB 3200 by Leach (R-Allen): Entitles a judgment creditor to a hearing on the creditor’s motion for the court’s assistance in collecting a final money judgment that remains unsatisfied in justice court for longer than six months. Authorizes the court to appoint a receiver unless the judgment debtor appears and contests the appointment. Authorizes the court to issue an order that requires the turnover of all nonexempt property (except for paychecks or sales proceeds of exempt property) without requiring the creditor to prove the existence of specific property owned by the judgment debtor. Failed to receive affirmative vote in House Judiciary and Civil Jurisprudence 5/3/23
HB 3393 by Johnson (D-Farmers Branch): Adds Chapter 150D, CPRC, to authorize a person having legal custody of a minor to enter into a settlement agreement with a person against whom the minor has a claim if a guardian or guardian ad litem has not been appointed for the minor, the total amount of the settlement is $25,000 or less, the person entering into the settlement agreement on behalf of the minor completes an affidavit or verified statement that the person has made reasonable inquiry and that the minor will be fairly compensated by the settlement or there is no practical way to obtain additional amounts from the other party. Requires money to be paid in the settlement to be deposited in the court registry. Provides that if the money to be paid is by payment of a premium to purchase an annuity, the payment must be made by direct payment to the provider of the annuity. Requires that money in the registry can only be paid out pursuant to court order, when the minor reaches 18, or upon the minor’s death. Provides that a person acting in good faith on behalf of a minor or the other settling party is not liable to the minor for money paid in settlement or for any other claim. Never received a hearing
HB 5299 by Vasut (R-Angleton): Amends § 134A.006, CPRC, to require a party to file any document that the party knows contains another party’s or person’s trade secrets to file the document under seal. Requires a party seeking to seal a document containing the party’s trade secrets must file a motion and affidavit with the trial court and the supreme court, serve a copy of the motion, affidavit, and document to be sealed on all parties, and deliver a copy of the document to be sealed to the trial court in a sealed envelope. Imposes the same requirements for a document the party knows contains another person’s trade secrets. Requires the party or third person who contends a document contains its trade secrets to file, within 14 days of receiving notice, an affidavit describing the information and setting forth the factual basis for contending that it constitutes a trade secret. Allows any person to intervene as a matter of right at any time before or after judgment in a case to seal or unseal court records. Authorizes any person to move to unseal any document filed in accordance with this section. Pre-empts rules adopted by the supreme court on this subject. Never received a hearing
SB 896 by Hughes (R-Tyler)/HB 2781 by Leach (R-Plano): Amends § 51.014, CPRC, to provide that the denial of a motion to dismiss under the TCPA is not subject to the automatic stay if the order denying the motion states that the motion was: (1) denied as not timely filed under § 27.003(b), CPRC; (2) determined to be frivolous or solely intended to delay under § 27.009(b); or (3) denied because the action is exempt under § 27.010(a). SB 896 passed Senate 31-0, died on House General State Calendar | HB 2781 never received a hearing
SB 1843 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. Never received a hearing
Insurance
HB 150 by Julie Johnson (D-Farmers Branch)/SB 1042 by Hughes (R-Tyler): Prohibits a claimant and an insurer that writes personal or commercial automobile insurance from entering into an oral release for claims arising out of property damage or injury for which the insurer may be liable under the policy. The committee substitute provides that a written release in exchange for money or other consideration is enforceable if the contract is a separate written agreement. HB 150 died in House Calendars 4/20/23 | SB 1042 never received a hearing
HB 287 by Julie Johnson (D-Dallas): 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 97-43-2 on 5/12, not referred to committtee in the Senate
HB 1320 by Geren (R-Fort Worth): Amends Chapter 1952, Insurance Code, to: (1) for purposes of an unfair settlement practices claim (§ 541.060), allow an insurer to provide notice of a claim for uninsured or underinsured motorist coverage by providing written notice to the insurer that reasonably informs the insurer of the facts of the claim; (2) provide that a judgment or other legal determination establishing the uninsured or underinsured driver’s liability or the extent of the insured’s damages is not a prerequisite to recovery in a bad faith action with respect to a UM/UIM claim; and (3) provides that in a UM/UIM claim, the only extracontractual cause of action available to an insured is an action for bad faith under § 541.151 to reover damages under § 541.152. Never received a hearing
HB 1437 by Clardy (R-Nacogdoches)/SB 554 by Hughes (R-Tyler): Adds Subchapter I, Chapter 1952, Insurance Code, to require a personal automobile insurance policy to contain an appraisal procedure. Establishes an appraisal procedure whereby: (1) the insured or insurer may demand an appraisal up to 90 days after proof of loss, (2) each party shall appoint a competent appraiser to determine the loss, and (3) in the event of a disagreement the appraisers shall appoint an umpire (or the court if the appraisers can’t agree. Provides that if the appraisal ends up $1 more than the insurer’s proposed undisputed loss statement, the insurer shall refund to the insured appraisal costs. HB 1437 passed House 116-25-3 on 5/9/23, died on Senate Intent Calendar 5/24/23 | SB 554 died in Senate Business and Commerce
HB 1656 by Capriglione (R-Southlake): Amends § 27.02, Business & Commerce Code, to apply the prohibition on waiving, absorbing, or declining to collect a deductible in a transaction for good or service for $1,000 or more payable from the proceeds of a property insurance policy to automobile policies as well. Died on House General State Calendar
HB 3391 by Johnson (D-Farmers Branch): Requires an insurer, upon the request of a claimant asserting a claim that might be covered under a liability insurance policy between the insurer and policyholder, to provide specified information by sworn statement to the claimant, including the name of the insurer, the name of each insured, the coverage limits, and any policy or coverage defense the insurer reasonably believes is available to the insurer. The insurer must further provide a copy of the policy. Imposes a $500 administrative penalty for non-compliance. A claimant may also request the information from the policyholder. The insurer must provide the requested information within 30 days after receiving the request. Requires the insurer to amend the sworn statement or a policyholder to disclose a material change within two days of becoming aware of the change. Never received a hearing
HB 3773 by Johnson (D-Farmers Branch): Amends various sections of the Insurance Code to require an insurer to accept relevant clinical records submitted by a treating physician or provider with a claim related to the records or at any time after submission of the claim. Provides that for purposes of calculating a penalty related to a claim by a physician or provider, the contracted rate for health care services is the usual and customary rate for the service in the geographic area in which the service is provided. Never received a hearing
SB 474 by Springer (R-Muenster)/HB 1716 by Guillen (R-Rio Grande City): Raises the minimum auto liability coverage for damage to or destruction of property of others from $25,000 to $50,000, effective January 1, 2024. SB 474 never received a hearing | HB 1716 died in House Insurance
SB 1083 by King (R-Weatherford)/HB 3476 by Leach (R-Allen): Amends § 1952.101, Insurance Code, to require an insurer to direct the use of original manufacturer’s or distributor’s parts to repair a vehicle that the insured has owned for three years or less and that was delivered new to the insured. Bars the insurer from limiting the insured in selecting an auto repair shop. Applies the same requirements to a third-party claim against an insured. Bars an insurer from requiring an auto repair shop to use a specific percentage of non-original equipment in the repair of a motor vehicle. SB 1083 passed Senate 30-1 on 4/17, died in House Insurance | HB 3476 never received a hearing
SB 1268 by Johnson (D-Dallas): Amends § 707.004, Insurance Code, to prohibit an insurer waiving a deductible owed by a policyholder under a property insurance policy for any reason from requiring as a condition the policyholder’s use of the insurer’s preferred or recommended contractor for the claim. Requires the insurer to receive reasonable proof of payment by the policyholder of any deductible applicable to the claim before paying a claim for withheld recoverable depreciation or a replacement cost holdback. Passed Senate 25-6, died in House Insurance
SB 2229 by Menendez (D-San Antonio): Amends § 601.072(a-1), Transportation Code, to raise the minimum limits for financial responsibility from $30,000 to $50,000 for bodily injury or death, $60,000 o $100,000 for bodily or death of two or more persons, and $25,000 to $40,000 for property damage. Never received a hearing
Workers’ Compensation
HB 102 by S. Thompson (D-Houston)/SB 1352 by Miles (R-Houston): Amends § 408.001(b), Labor Code, to permit a decedent’s estate to recovery exemplary damages based on the employer’s gross negligence. HB 102 passed House 134-0 on 5/6/23, died in Senate Business & Commerce | SB 1352 never received a hearing
HB 3977 by Neave Criado (D-Dallas): Adds § 408.0011, Labor Code, to authorize an employee who is the victim of sexual assault to bring a cause of action against the employer if the employee’s injuries arise from the employer’s negligence. Died on House General State Calendar
HB 4556 by Lambert (R-Abilene): Amends § 401.013, Labor Code, to add to the definition of “intoxication” the state of not having the normal use of mental or physical faculties by reason of introduction into the body of an abusable volatile chemical. No longer requires that the introduction of the substance be “voluntary.” Provides that an analysis of a specimen of blood, urine, or any bodily fluid collected during an autopsy that shows the presence of a substance creates a rebuttable presumption that the person was intoxicated. Provides that the presumption may only be rebutted by credible and objective evidence that the person was not intoxicated. Never received a hearing
Judicial Matters/Administration
HB 2865 by Raymond (D-Laredo): Amends § 74.003(b), Government Code, to reduce the service requirement for the eligibility of a judge to serve as an assigned judge to a court of appeals from 96 to 72 months. Adds a requirement that the assigned judge 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. Amends § 74.055(c) to reduce the service requirement for the eligibility of a judge for listing on the list of judges qualified for assignment from 96 to 72 months and makes the same changes with respect to the judge’s certifications as above. Passed House 129-15-3 on 5/2/23, died on Senate Intent Calendar
HB 3145 by Jetton (R-Richmond): Amends §§ 33.0212 and 33.0213, Government Code, to require Judicial Conduct Commission staff to conduct a preliminary investigation as soon as practicable after a complaint if filed and, upon completion, notify the judge of the complaint, the results of the preliminary investigation, and the staff’s recommendations for action, as well as of the judge’s right to attend each commission meeting at which the complaint is included in the report filed with commission members. Requires staff to file a report with the commissioners no later than 10 days before a scheduled meeting (current deadline is the 120th day after the complaint is filed) of completed preliminary investigations and recommendations. Requires the commission to finalize the preliminary report not later than 120 days following the date of the first meeting at which a complaint is included in the report. Requires the commission, upon finalizing a report, to give written notice to the judge within 48 hours. Allows an extension of the date of finalizing a report of not more than 240 days (currently 270). Died in House Calendars
HB 3452 by Jetton (R-Richmond): Amends § 33.034, Government Code, to allow the Judicial Conduct Commission to appeal the decision of a court of review to the supreme court and to eliminate de novo review of a sanction issued in an informal proceeding. Amends § 33.037, Government Code, to require the Judicial Conduct Commission upon initiating formal proceedings and appointing a special master to suspend a judge from office without pay pending final disposition unless the master recommends against suspension. Amends § 74.055(c), Government Code, to block a retired or former judge from the list of eligible visiting judges if the judge has received more than one public sanction, including a public admonition or warning, from the JCC that was determined to be warranted by a court of review. Bill passes House and Senate, but fails in conference committee 5/28
HB 3702 by Harrison (R-Midlothian): Adds § 5.001, CPRC, to provide that an ALI publication, including a restatement or model code, may not be considered to represent the law of Texas and may not be wholly or partly relief on by a court if the publication in its final form was published after December 31, 1999. Makes an exception for restatements of common law identical to Texas law without reference to any publication after December 31, 1999. Never received a hearing
SB 21 by Huffman (R-Houston): Amends §§ 33.0212 and 33.0213, Government Code, to require Judicial Conduct Commission staff to conduct a preliminary investigation as soon as practicable after a complaint if filed and, upon completion, notify the judge of the complaint, the results of the preliminary investigation, and the staff’s recommendations for action, as well as of the judge’s right to attend each commission meeting at which the complaint is included in the report filed with commission members. Requires staff to file a report with the commissioners no later than 10 days before a scheduled meeting (current deadline is the 120th day after the complaint is filed) of completed preliminary investigations and recommendations. Requires the commission to finalize the preliminary report not later than 120 days following the date of the first meeting at which a complaint is included in the report. Requires the commission, upon finalizing a report, to give written notice to the judge within 48 hours. Allows an extension of the date of finalizing a report of not more than 240 days (currently 270). Amends § 33.01(b) to define as “wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties” to include “persistent or wilful violation of Article 17.15, Code of Criminal Procedure” (rules for setting the amount of bail). Amends § 33.037, Government Code, to require the Judicial Conduct Commission upon initiating formal proceedings and appointing a special master to suspend a judge from office without pay pending final disposition unless the master recommends against suspension. Provides that a public reprimand must include a 60-day suspension without pay. Amends § 74.055(c), Government Code, to block a retired or former judge from the list of eligible visiting judges if the judge has received more than one public sanction, including a public admonition or warning, from the JCC that was determined to be warranted by a court of review. Passed Senate 21-10 on 4/5/23, died on House floor 5/23/23
SJR 54/SB 930 by Middleton (R-Galveston): Prohibits a court from issuing a per curiam opinion. SJR 54 died in the Senate | SB 930 passed Senate 25-5 on 4/13/23, died before reaching House Calendar
SB 1092 by Parker (R-Flower Mound): Amends § 22.002, Government Code, to give the supreme court original jurisdiction to issue writs of quo warranto and mandamus to correct any error in a court of criminal appeals’ decision finding a statute, rule, or procedure unconstitutional. Further provides that a decision of the court of criminal appeals finding a statute, rule, or procedure in violation of the federal constitution is not final until either the 60th day after the decision or the denial or dismissal of a petition filed with the supreme court. Died on Senate Intent Calendar
SB 1196 by Hughes (R-Tyler)/SB 2392 by Creighton (R-Conroe)/HB 2930 by Spiller (R-Jacksboro): 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. HB 2930 died in House Judiciary and Civil Jurisprudence, other bills never received a hearing
SB 1931 by Zaffirini (D-Laredo): Amends §§ 33.0212 and 33.0213, Government Code, to require Judicial Conduct Commission staff to conduct a preliminary investigation as soon as practicable after a complaint if filed and, upon completion, notify the judge of the complaint, the results of the preliminary investigation, and the staff’s recommendations for action, as well as of the judge’s right to attend each commission meeting at which the complaint is included in the report filed with commission members. Requires staff to file a report with the commissioners no later than 10 days before a scheduled meeting (current deadline is the 120th day after the complaint is filed) of completed preliminary investigations and recommendations. Requires the commission to finalize the preliminary report not later than 120 days following the date of the first meeting at which a complaint is included in the report. Requires the commission, upon finalizing a report, to give written notice to the judge within 48 hours. Allows an extension of the date of finalizing a report of not more than 240 days (currently 270). Never received a hearing
Jury Matters
HB 128 by Bernal (D-San Antonio): Exempts classroom teachers, paraprofessionals, or librarians employed by a school district or open-enrollment charter school from jury duty. Died in House Judiciary and Civil Jurisprudence
HB 1332 by Herrero (D-Corpus Christi): Exempts firefighters and police officers from jury duty. Never received a hearing
HB 1698 by Jones (D-Houston): Requires, in a county with a million people or more, the county to summon jurors directly to a justice court, which shall hear excuses from jury duty and command a sheriff or constable to summon additional jurors if needed. Never received a hearing
HB 5110 by Bhojani (D-Euless): Adds § 61.004, Government Code, to provide that a person may not be disqualified to have serve as a juror based on the person’s age, race, ethnicity, gender, sexual orientation, national origin, economic status, religious affiliation, or political belief. Died on House General State Calendar
SB 2087 by Hughes (R-Tyler): Exempts the spouse of an officer or employee of the Senate, House, or legislative agency from jury service. Died on Senate Intent Calendar
Attorney’s Fees
HB 5253 by Johnson (D-Farmers Branch): Amends § 38.001(b), CPRC, to authorize the recovery of attorney’s fees for a common law tort or cause of action created by statute for which an award of actual damages is authorized. Never received a hearing
Practice of Law
HB 4946 by Flores (D-Austin): Adds § 30.023, CPRC, to allow a party, after delivery of the jury lists to the court clerk and before the court impanels the jury, to request the court to dismiss the array of jurors and call a new array in the case. Requires the court to grant a motion of a complaining party for dismissal of the array of jurors if the attorney representing the opposing party exercised peremptory challenges for the purpose of excluding prospective jurors based on their actual or perceived race, ethnicity, sex, gender identity, sexual orientation, disability status, national origin, economic status, or religious affiliation, and the complaining party has offered evidence of relevant facts that tend to show that the opposing attorney exercised strikes in that manner. Provides that if the complaining party makes a prima facie case, the burden shifts to the opposing attorney to explain the challenges. Requires the court to call a new array if it finds that either party improperly exercised peremptory challenges. Died on House General State Calendar
