TCJL Legislative Tracking Report 5-19-23

TCJL Tracked Bill List
May 19, 2023

May 20 is the last day for House committees to report Senate bills and joint resolutions. May 21 is the last day for distribution of a House daily calendar with Senate bills and joint resolutions (by 10 p.m.). May 23 is the last day for the House to consider Senate bills and joint resolutions on 2d reading. May 24 is the last day for the House to consider Senate bills and joint resolutions. It is also the last day the Senate may consider House bills and joint resolutions on 2d or 3d reading.

To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx
Latest actions appear in red.
Bills in italics have passed both chambers.
Due to the high volume of recent activity, please confirm latest bill status on Texas Legislature Online.

TCJL Priority Bills
New Causes of Action
Pandemic Liability/Emergency Powers
Dobbs/SB 8/Obergefell/LGBTQ
Nullification
State Pre-Emption/Local Government Control
Tort Liability
Health Care Liability
Employment Law
Construction Law/Freedom to Contract
Procedure/Discovery/Privileges
Insurance
Worker’s Compensation
Eminent Domain
Civil Rights
Court Records, Filing Fees, Costs
Judicial Matters, Administration
Jury Matters
Attorney’s Fees
Practice of Law
Probate Matters
Administrative Procedures

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TCJL LEGISLATIVE PRIORITY BILLS

Judicial Education

HB 2384 by Leach (R-Allen)/Hughes (R-Tyler):

Requires a judicial candidate’s ballot application to include the candidate’s bar number, to disclose any public sanction or censure or disciplinary sanctions in Texas or another state, to state for the previous five-year period the nature of the candidate’s practice, any legal specialization, the candidate’s professional courtroom experience, and any final conviction for a Class A or B misdemeanor in the past 10 years. Further requires candidates for appellate courts to describe appellate court briefs and oral arguments for the past five years.
Makes public any sanction against a judicial candidate for making a false declaration on the ballot application.
Directs the Supreme Court to adopt rules on judicial training a judge must complete within one year of election to the bench. Requires the rules to provide a minimum of 30 hours of instruction on the administrative duties of the office and substantive, procedural, and evidentiary law. Requires a further 16 hours of continuing education annually. Requires the Judicial Conduct Commission to suspend a judge who does not complete the training.
Provides that a judge who is noncompliant with the education requirement for more than one year engages in “wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties” sufficient to subject the judge to removal from office under Art. V, § 1-a, Texas Constitution.
Directs the director of Office of Court Administration (OCA) to develop standards for identifying courts that need additional assistance to promote the efficient administration of justice.
Directs the OCA to include disaggregated performance measures for each appellate, district, statutory county, and county court as part of its annual performance report.
Directs OCA to report the annual clearance rate for each trial court. Directs local district grievance committees to sanction attorneys that make false declarations on a ballot application.
Directs the Supreme Court to adopt rules establishing a specialty certification for attorneys in judicial administration and the Texas Board of Legal Specialization to make it available to judges. Provides that a judge who holds a specialty certification in judicial administration may be entitled to additional compensation if the legislature makes an appropriation for that purpose.

HB 2384 is TCJL’s top legislative priority this session. We believe that this legislation has the potential, over time, to do more to improve the administration of justice than any other proposal on this subject. By creating a more robust and uniform standard for judicial training and education, HB 2384 will equally benefit the courts, the litigants, and all Texans who are entitled to the highest level of skill and competence from their judges. Signed in the Senate 5/21.

Permissive Appeals

HB 1561 by Smithee (R-Amarillo)/SB 1603 by Hughes (R-Tyler): Amends § 51.014, CPRC, to require a court of appeals to state the specific reason for declining to accept a permissive appeal. Provides that the supreme court may review a court’s decision not to accept the appeal under a de novo an abuse of discretion standard or direct the court of appeals to accept the appeal. Sent to Governor on 5/12.

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NEW CAUSES OF ACTION

HB 18 by Slawson (R-Stephenville): Adds Chapter 509, Business & Commerce Code, to require a digital services provider (a person who owns or operates a website, app, program, or software that performs collection or processing functions with Internet connectivity) to “exercise reasonable care prevent physical, emotional, and developmental harm to a minor (e.g., self-harm, suicide, eating disorders, and other similar behaviors; substance abuse and patterns of use that indicate addiction; bullying and harassment; sexual exploitation, including enticement, grooming, trafficking, abuse, and child pornography; advertisements for products or services that are unlawful for a minor, including illegal drugs, tobacco, gambling, pornography, and alcohol; marketing of illegal products and predatory, unfair, and deceptive marketing). Exempts (1) a state agency or political subdivision, (2) a financial institution or data subject to Title V, Gramm-Leach-Bliley Act, (3) a covered entity or business associate governed by HIPAA and the Health Information Technology for Economic and Clinical Health Act; (4) a small business as defined by the SBA on 9/1/24, (5) an institution of higher education; (6) a digital services provider who processes or maintains user data in connection with the employment, promotion, reassignment, or retention of the user as an employee or independent contractor, to the extent that the user’s data is processed or maintained for that purpose; (7) an operator or provider regulated by Subchapter D, Chapter 32, Education Code (student data); or (8) a person subject to the Family Educational Rights and Privacy Act that operates a digital service. Further exempts an Internet service provider or Internet service provider’s affiliate if the provider or affiliate providing access or connection to a digital service does not exercise control of or is not responsible for the creation or provision of content that exposes a known minor to harm. Provides that a person is not a known minor after the minor’s 18^TH birthday. Permits a digital service provider to enter into a user agreement with a known minor only with the specific, informed, and unambiguous consent of the minor’s parent or guardian granted without any financial incentive. Specifies the methods for obtaining verifiable consent. Prohibits a provider from collecting a minor’s personal identifying information without specific parental consent except under limited circumstances. Requires a provider, prior to obtaining consent, to give the parent or guardian the ability to permanently enable settings to enable the highest privacy setting offered, prevent the DSP from collecting any data associated with the minor not necessary to provide the service, prevent the DSP from processing, sharing, disclosing, or transferring the data, and prevent collection of geolocation data, prevent targeted advertising, and prevent the minor from making purchases or financial transactions set the minor’s digital service to the strongest possible setting to prevent the minor from harm. Requires a DSP to provide a process for a known minor’s parents to register as the minor’s verified parent. Requires the provider to give consenting parents tools to monitor and control the minor’s use of the service. Requires the provider to permit parental access to data associated with the known minor and to provide a method by which the parent or guardian may request corrections or deletions, which the DSP must do within 45 days. the minor’s personal identifying information. Requires the provider to disclose each advertiser on the service and whether and how it uses algorithms. Bars the provider from limiting or terminating a minor’s service because the minor or minor’s parent withdraws consent. Creates a cause of action by the minor’s parent or guardian against the provider for a violation for equitable relief, actual damages, punitive damages, attorney’s fees, and costs. Provides that a violation constitutes an injury in fact to the minor. Makes a violation of the statute a DTPA violation. Voted favorably as substituted from Senate State Affairs on 5/17.

HB 450 by Craddick (R-Midland)/SB 501 by Hughes (R-Tyler): Creates a cause of action for a bad faith of an overriding royalty interest in an oil and gas lease. “Washout” means the elimination or reduction of an overriding interest by the forfeiture or surrender and subsequent reacquisition of an oil and gas lease by the same lessee). The standard for “bad faith” is knowing or intentional conduct. Remedies include actual damages, a constructive trust on the oil and gas lease or mineral estate acquired to accomplish the washout, and costs and attorney’s fees. Two-year statute of limitations running from the time the claimant obtained actual knowledge of the washout. Effective 9/1/23.

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 disclose in its contracts whether it requires contractors to conduct background checks on their employees who will have access to the facility. Requires a facility to maintain a resident safety and communications policy and to post in a conspicuous manner the policy and updated information about known criminal activity or trespassing at the community. Exempts a facility from civil or criminal liability stemming from the notice requirement. 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. Referred to Senate Health and Human Services on 5/8.

HB 4 by Capriglione (R-Southlake): Comprehensively regulates consumer personal data in the hands of a controller or affiliate. Confers exclusive enforcement authority on the attorney general. Imposes a civil penalty of $7,500 per violation following a 30-day right to cure. Allows the OAG to recover costs and attorney’s fees. Bars a private cause of action based on violation of the statute. Senate appointed conferees on 5/17.

HB 1896 by Guillen (R-Rio Grande City): Amends § 98B.002, CPRC, to impose liability on a defendant to a person depicted in intimate visual material without consent if the depiction shows a person who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, and whose image was used in creating, adapting, or modifying the intimate visual material, including CGI using an artificial intelligence application or other software. Referred to Senate State Affairs on 5/9.

HB 1899 by Meyer (R-Dallas): Establishes heightened criminal penalties (1^ST, 2^ND,and 3^RD degree felonies) for insider trading and misuses of official information if the offense results in a net pecuniary gain to the offender. Referred to Senate State Affairs on 5/9.

HB 1936 by Lozano (R-Kingsville)/SB 417 by Paxton (R-McKinney): Adds Chapter 121, Business and Commerce Code, to impose civil liability on the manufacturer of an electronic device (smartphone or tablet) that is activated in this state, does not automatically enable a filter to prevent a minor from accessing sexually explicit material, and a minor user accesses such information. Requires the filter to “reasonably prevent a user of the electronic device from circumventing, modifying, removing, or uninstalling the filter without entering a password or access code. Creates a defense if the manufacturer makes a “good faith effort” to manufacture the device that automatically enables the filter. Authorizes the attorney general to collect a $30,000 per violation civil penalty. Authorizes a parent or guardian to bring an action against a manufacturer for $10,000 in damages, costs, and attorney’s fees. Referred to House Selection Committee on Youth & Safety on 3/8. SB 417 referred to House Select Committee on Youth Health and Safety on 5/11.

HB 2127 by Burrows (R-Lubbock)/SB 814 by Creighton (R-Conroe): Adds Chapter 102A, CPRC, to confer standing on any person, including a taxpayer, adversely affected by a municipal or county ordinance adopted and enforced by the city or county to sue the city, county, or local official for violating field pre-emption in the following codes: Agriculture, Finance, Insurance, Labor, Natural Resources, or Occupations. Entitles the person to declaratory and injunctive relief and attorney’s fees and costs. Venue is in any county of the state and may not be transferred without consent of the parties. Waives governmental immunity. HB 2127 passed Senate on 5/16.

HB 2266 by Leach (R-Allen): Creates a cause of action by a license holder against a local governmental entity to block enforcement of a local law that regulates the occupation or business activity of the license holder in a manner more stringent than state law or would result in an adverse economic impact on the license holder. Requires the governmental entity to show by clear and convincing evidence that the local law does not conflict with the state law and is necessary and narrowly tailored to protect the public. Provides for injunctive relief and recovery of costs and attorney’s fees. Vote failed in Senate Business & Commerce on 5/19.

HB 2313 by Thompson (D-Houston)/SB 1369 by Paxton (R-McKinney): Requires a transportation network company to annually provide to each driver human trafficking awareness and prevention training materials approved by the attorney general. Requires the company to maintain records necessary to establish that the company has provided the training. HB 2313 voted favorably from Senate Business & Commerce on 5/19.

HB 2316 by Canales (D-Edinburg): Prohibits a local governmental entity from discharging, suspending, or terminating from employment a peace officer, detention officer, county jailer, or firefighter based on the person’s inability to perform the duties for which the person was elected, appointed, or employed because of the person’s injury before the person is certified as having reached maximum medical improvement, unless the report of the person’s treating doctor indicates that the person is permanently restricted from returning to perform those duties. Requires a dispute over the ability of the person to perform those duties be adjudicated under the worker’s compensation act. Makes the employer liable for damages in an amount not to exceed $100,000 and reinstatement of the employee. Waives governmental immunity. Referred to Senate Business & Commerce on 5/5.

HB 2444 by Thimesch (D-Carrollton)/SB 1639 by Zaffirini (D-Laredo): Adds Chapter 328, Business and Commerce Code, to prohibit a person from selling, using, or causing to be used any method, technology, device, or software in the sale or resale of event tickets on a ticket issuer’s or resale ticket agent’s website that functions as a bypass in the ticket purchasing process, disguises the identity of the purchaser, permits the purchase of quantity of tickets that exceeds the maximum number of tickets that may be sold to one purchaser, or circumvents a security measure or other control in the ticket purchasing process. Authorizes the attorney general to enforce by an action for injunctive relief, costs, attorney’s fees, and investigative costs. SB 1639 sent to Governor on 5/9.

HB 2459 by Vo (D-Houston): Allows a child labor investigator to assess an administrative penalty of up to $10,000. Directs the TWC to establish child labor appeal tribunals to hear disputed preliminary determination orders finding violations with review of tribunal orders by the commission. Provides for judicial review under the substantial evidence rule. Authorizes the attorney general to bring an action to enjoin violations. Passed Senate on 5/17.

HB 2470 by Kuempel (R-Seguin): Bars an employer of a first responder from taking an adverse employment action, including demotion in rank or reduction of pay or benefits, against a first responder solely because the employer knows or believes that the first responder has a mental illness, except as necessary to protect public safety. Authorizes an aggrieved person to sue for compensatory damages, attorney’s fees and costs, and any other appropriate relief. Waives governmental immunity. Referred to Senate Natural Resources on 5/5.

HB 2545 by Capriglione (R-Southlake)/SB 1544 by Johnson (D-Dallas): Prohibits a direct-to-individual genetic testing company from disclosing an individual’s genetic data without the individual’s consent. Imposes a civil penalty of up to $2,500 per violation, enforceable by the attorney general or district attorney with recovery of attorney’s fees and costs. House concurred in Senate amendments on 5/17.

HB 2837 by Schaefer (R-Tyler): Bars a financial institution from discriminating against a firearms retailer by declining a lawful payment card transaction based solely on the assignment or non-assignment of a firearms code to the merchant or transaction, limiting or declining to do business with a customer or merchant for the same reason, charging higher fees for the same reason, or otherwise taking any action against a person to suppress lawful commerce involving firearms. Imposes a civil penalty enforceable by the attorney general. Creates a cause of action for injunctive relief by the attorney general, or, if the attorney general does not act, an aggrieved merchant or individual. Imposes liability for costs and attorney’s fees. Placed on Senate Intent Calendar on 5/19.

HB 2941 by Zwiener (D-Driftwood): Requires the Railroad Commission to require an owner or operator of an oil or gas pipeline constructed or expanded in the recharge zone of the Edwards Aquifer to submit to the RRC a water pollution abatement plan. Directs the RRC, in consultation with TCEQ, to adopt construction or operational standards for water pollution abatement plans. Imposes civil and criminal penalties for violations. Referred to Senate Natural Resources on 5/11.

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 referred to Senate State Affairs on 5/1.

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. Referred to Senate Natural Resources on 5/10.

HB 4897 by Lalani (D-Sugar Land): Adds Chapter 98C, CPRC, to create a private cause of action against a person for online impersonation, if the person knowingly and with intent to harm, defraud, intimidate, or threaten the injured person used the online impersonation to create a false identity. Authorizes recovery of compensatory damages, punitive damages of at least $500, and mandates recovery of attorney’s fees and costs by a prevailing party. Received in Senate on 5/15.

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 Senate on 5/16.

HB 5232 by Spiller (R-Jacksboro): Increases the amount of the fine payable to the state for a violation of the Texas Free Enterprise and Antitrust Act from $1 million to up to $50 million based on assets or market capitalization. Passed Senate on 5/17.

HJR 166 by Thompson (D-Houston): Amends § 26, Art. XVI, Texas Constitution to extend the right of recovery of exemplary damages for homicide to the deceased person’s estate. Referred to Senate State Affairs on 5/5.

SB 12 by Hughes (R-Tyler): Makes it a Class A misdemeanor for a sexually oriented performance, including a drag performance, on public property at a time, in a place, or in a manner that could reasonably be expected to be viewed by a child, or in the presence of a person younger than 18 years of age (regardless of whether the minor’s parent or legal guardian consents). Prohibits a city or county from authorizing a sexually oriented performance, including a drag performance, on public property or in the presence of a minor. Imposes a civil penalty ($10,000 per violation) on a person who controls the premises of a commercial enterprise for allowing a sexually oriented performance in the presence of an individual under 18 years of age. Enforceable by the attorney general, with costs, investigative costs, attorney’s fees, witness fees, and deposition expenses. Passed to third reading in House on 5/19.

SB 559 by Hughes (R-Tyler)/HB 2846 by Cain (R-Houston): 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. SB 559 reported favorably from House Judiciary on 5/9.

SB 1060 by Hughes (R-Tyler): Prohibits an insurer or holding company organized under Texas law from including a political shareholder proposal in a proxy statement or implementing such a proposal. Defines a political shareholder proposal as one related to fossil fuels or ESG. Reported favorably from House Insurance on 5/15.

SB 1396 by Middleton (R-Galveston)/HB 4949 by Cain: Establishes a procedure to provide students and employees of public schools with an opportunity to participate in a period of prayer and reading of the Bible or other religious texts during the school day for bible study and prayer in public schools. Requires the consent of the parent or guardian. Provides that if the attorney general defends a district in litigation, the state is liable for the expenses, costs, judgments, or settlements of claims. Creates a cause of action against an entity, attorney, or law firm that unsuccessfully challenges a school district’s program and makes them jointly and severally liable for the state’s costs and attorney’s fees. Bars a state court from declaring or pronouncing the statute unconstitutional. HB 4949 referred to House State Affairs 3/23. SB 1396 referred to House State Affairs 4/25.

SB 1446 by Hughes (R-Tyler): Bars investment agents for public funds from using ESG factors in investment decisions. Limits decisions to “financial factors.” Requires an investment agent retained by a public retirement system to contractually agree to use only financial factors in exercising its fiduciary duty. Bars a public entity from retaining an investment agency with a history of taking ESG factors into account. Gives the attorney general enforcement power against trustees. Reported favorably as substituted from House Pensions & Investments 5/18.

SB 1580 by Bettencourt (R-Houston)/HB 4059 by King (R-Canadian)/HB 4348 by Harrison (R-Midlothian): Creates a cause of action against a manufacturer of an individualized investigational treatment if the manufacturer does not comply in good faith with the informed consent and other requirements for providing such treatments in an eligible health care facility. HB 4059 referred to Senate Health and Human Services on 5/11.

SB 1711 by Perry (R-Lubbock): Creates a cause action by a person or student organization against an institution of higher education alleging a violation of expressive rights for injunctive relief and compensatory damages, costs, and attorney’s fees. Establishes a one-year limitations period. Waives sovereign immunity. Referred to House Higher Ed 4/28.

SB 1719 by Zaffirini (D-Laredo): Authorizes TCEQ to impose penalties on an applicant who files an application in bad faith, with the amount of penalty to be determined by rulemaking considering the nature of the conduct, the harm caused by the conduct, and any prior violations. Pending in Senate Natural Resources on 4/26.

SB 1846 by Creighton (R-Conroe): Bars a manufacturer of voting systems from entering into a contract for software development services with an entity or individual located in China, Cuba, Iran, North Korea, or Russia. Voted favorably from House State Affairs on 5/17.

SB 1893 by Birdwell (R-Granbury): Prohibits the installation or use of a covered social media application on any device owned or leased by a governmental entity and requires removal of such application. Applies to TikTok or any other application ordered by the governor. House appointed conferees on 5/17.

SB 2086 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). Referred to House Business & Industry on 5/17.

SB 2105 by Johnson (D-Dallas)/HB 4917 by Holland (R-Rockwall): Regulates third-party data collection entities. Provides for consumer notice and registration with the secretary of state. Directs the SOS to maintain a registry that allows individuals to submit do not collect requests to collection entities. Provides for opt-in consent. Imposes a civil penalty for violations, enforceable by the attorney general with attorney’s fees and costs. HB 4917 referred to House Business & Industry 3/23. SB 2105 voted favorably from House Business & Industry on 5/17.

SB 2509 by King (R-Weatherford)/HB 4397 by Cain (R-Houston): Gives the attorney general investigative demand authority over social media platforms. Makes violation of Chapter 120, Business and Commerce Code (regulation of social media platforms), a DTPA violation. HB 4397 referred to House Business & Industry on 3/21. SB 2509 referred to House Business & Industry 4/27.

SB 2527 by Campbell (R-San Antonio): Imposes a civil penalty of $100,000 and a new private cause of action against a person who awards an incentive to or compensates a health professional who offers telemedicine medical services or telehealth services based on the number of prescriptions for controlled substances prescribed by the practitioner to patients. A prevailing claimant shall recover statutory damages of $100,000 per violation, attorney’s fees, and costs. Voted favorably from House Public Health on 5/17.

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PANDEMIC LIABILITY/EMERGENCY POWERS

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. Provides that a health care provider who advises or recommends the administration of a COVID vaccine is not considered to have compelled or coerced into obtaining a vaccine. Exempts an employee or trainee in a health care facility from taking a required vaccine if the individual requests the exemption based on a sincerely held religious belief or recognized health condition. Authorizes the attorney general to obtain injunctive relief against a person to prevent a violation of this act. Imposes civil liability against a health care provider of $5,000 and allows recovery of all costs and reasonable attorney’s fees. Allows a health care provider to assert an affirmative defense that the individual or an individual legally authorized to consent to the vaccine voluntarily provided informed consent. SB 177 reported favorably from House Public Health 5/11.

HB 558 by Raymond (D-Laredo): Prohibits an executive order issued by the governor in a declared emergency restricting the operation or hours of operation of a business that sells alcoholic beverages from including a federally tax exempt organization that benefits veterans of the US armed forces. Passed Senate on 5/17.

HB 609 by Vasut (R-Angleton): Amends § 148.003, CPRC, to exempt from liability for injury or death a business owner or operator that does not require employees or contractors of the business to be vaccinated against a pandemic disease if the injury or death results from exposure to the disease by an employee or contractor of the business. Sent to Governor on 5/15.

HB 1313 by Burrows (R-Lubbock)/SB 403 by Springer (R- Muenster): Requires the Health and Human Services Commission to conduct a study of adverse effects of COVID vaccines and report to the Governor and Legislature on January 1, 2024. SB 403 voted favorably from House Public Health 5/18.

SB 29 by Birdwell (R-Granbury)/HB 5027 by Toth (R-The Woodlands): Prohibits vaccine mandates, school closure mandates, and face mask mandates. SB 29 voted favorably as substituted from House State Affairs on 5/17.

SB 401 by Kolkhorst (R-Brenham): Prohibits price gouging by medical staffing services during a declared state of emergency. Imposes civil penalties for violations recoverable in an action brought by the attorney general. Authorizes recovery of attorney’s fees, costs, and expenses. Reported favorably as substituted from House Public Health on 5/19.

SB 1024 by Kolkhorst (R-Brenham): Bars schools and universities from requiring COVID vaccines. Requires adverse event reporting for vaccine reactions. Bars political subdivisions from requiring COVID vaccinations. Bars a governmental entity or private entity that accepts state money from requiring facemasks. Imposes a civil penalty of $2,000 per day and waives sovereign immunity. Bars a health care facility from refusing services to an individual based on vaccination status or post-transmission recovery of a communicable disease. Bars an employer from discriminating against an employee or applicant for failure to receive a COVID vaccination. Referred to House State Affairs on 5/6.

SB 1583 by Hall (R-Edgewood): Prohibits an institution of higher education from conducting or providing funding to another entity to conduct gain of function research on potentially pandemic pathogens. Imposes a civil penalty of $50-100,000 on an entity failing to report such research to the commissioner of health. Waives sovereign immunity. Not again placed on Intent 5/15.

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DOBBS/SB 8/OBERGEFELL/LGBTQ

HB 1452 by Anchia (D-Dallas): Requires a health benefit plan or other policy with a death benefit that pays burial costs to cover the cost of disposition of embryonic or fetal tissue remains with a post-fertilization age of 20 weeks or more. Referred to Senate Health and Human Services on 5/12.

HB 1686 by Oliverson (R-Cypress)/SB 625 by Campbell (R-San Antonio)/SB 14 by Campbell (R-San Antonio): Prohibits a physician from performing a gender transitioning or gender reassignment treatment for a child. Prohibits public money from directly or indirectly being used to any individual or entity that provides or facilitates gender transitioning or gender reassignment treatment for a child. Enforcement by the attorney general and license revocation by the Texas Medical Board. SB14 Senate concurred in House amendments on 5/17.

HB 3058 by Johnson (D-Houston): Adds § 74.552, CPRC, to provide that physician engaged in a physician-patient relationship is not liable in a proceeding conducted under the laws of this state solely for providing medically necessary services to the patient if the physician complies with the informed consent requirements and the patient consents to the services. Voted favorably as substituted from Senate State Affairs on 5/18.

HB 3448 by Noble (R-Lucas)/SB 1515 by King (R-Weatherford): Requires each public school classroom to display the Ten Commandments. SB 1515 reported favorably from House Public Education on 5/19.

HJR 58 by Frank (R-Wichita Falls)/HJR 85 by Burrows (R-Lubbock)/SJR 70 by Hughes (R-Tyler): Adds Art. I, § 36, to enshrine the liberty of a parent to direct the upbringing of the parent’s child as a fundamental right, including the right to direct the care, custody, control, education, moral and religious training, and medical care of the child. Requires a compelling governmental interest and narrowly tailored remedy to interfere with the right. HJR 58 referred to House State Affairs on 2/28. HJR 85 referred to House State Affairs on 3/3. SJR 70 referred to House State Affairs 4/28.

SB 162 by Perry (R-Lubbock): Requires birth certificates to list the biological sex of the child. Referred to House Public Health on 4/12.

SB 1029 by Hall (R-Edgewood): Imposes strict liability on a health plan issuer for the patient’s medical, mental health, and pharmaceutical costs as a result of gender modification procedures or treatments covered by the plan for the life of the patient. Subjects health care providers to liability in malpractice simply for performing a gender modification treatment or procedure and makes the provider strictly liable for the life of the patient. Prohibits a health insurance policy from covering gender modification treatments. Referred to House State Affairs on 5/6.

SB 1031 by Hall (R-Edgewood): Imposes liability for civil penalties on a school district that conducts a study or survey on a child’s sexual behavior, enforceable by the attorney general. Referred to House Select Committee on Youth Health and Safety on 5/6.

SB 1195 by Hughes (R-Tyler)/HB 4549 by Toth (R-The Woodlands): Gives the attorney general jurisdiction to prosecute criminal offenses under the Election Code, offenses relating to abortion, and offenses involving trafficking, bribery, and abuse of office. Referred to House State Affairs on 5/15.

SB 1556 by Parker (R-Flower Mound): Prohibits a school district from infringing the right of an employee to engage in prayer or religious speech while on duty. Referred to House State Affairs 4/28.

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NULLIFICATION

HB 33 by Landgraf (R-Odessa)/SB 470 by Springer (R-Muenster): Bars a state agency or employee from contracting with or assisting a federal agency or official in the enforcement of a federal statute or regulation pertaining to oil and gas operations. Gives the attorney general enforcement authority. HB 33 voted favorably as substituted from Senate Natural Resources on 5/18.

SB 242 by Middleton (R-Galveston): Bars a state agency or political subdivision from cooperating with a federal government agency to implement an agency rule that the attorney general has identified as violating a citizen’s federal constitutional rights. Placed on Senate Calendar for 5/11.

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STATE PRE-EMPTION/LOCAL GOVERNMENT CONTROL

HB 1819 by Cook (R-Mansfield)/SB 603 by Hughes (R-Tyler): Bars a political subdivision from adopting or enforcing a juvenile daytime curfew, other than in a declared emergency. HB 1819 passed Senate on 5/17.

HB 2035 by Slawson (R-Stephenville)/SB 986 by Creighton (R-Conroe)/HB 4815 by Slawson (R-Stephenville): Adds § 24.0041, Property Code, to prohibit a municipality or county from adopting or enforcing an ordinance, order, or other measure that prohibits, restricts, or delays delivery of notice to vacate or filing of suit to recover possession of the premises. Likewise prohibits any other ordinances relating to an eviction suit. Heard in House Business & Industry on 4/3. SB 986 referred to House Business & Industry on 4/25.

HB 2350 by Harris (R-Palestine): Prohibits a local governmental entity from requiring the holder of a state-issued occupational license from requiring the person to have an occupational license issued by the local entity or regulating the license holder in a manner more stringent than state law with respect to contracts between the license holder and a member of the public for goods and services. Renders any such regulation void. Removed from hearing in Senate Business & Commerce on 5/16.

HB 2374 by Landgraf (R-Odessa)/ SB 1017 by Birdwell (R-Granbury): Bars a political subdivision from adopting an ordinance or regulation limiting access to an energy source or that results in the effective prohibition of a wholesaler, retailer, energy producer, or related infrastructure, including a retail service station, that is necessary to provide access to a specific energy source. Likewise bars a political subdivision from regulating an engine based on its fuel source. SB 1017 effective 9/1/23.

SB 130 by Campbell (R-San Antonio): Prohibits a city or county from regulating employment benefits. SB 130 Referred to House State Affairs on 4/14.

SB 784 by Birdwell (R-Granbury)/HB 2211 by Landgraf (R-Odessa): Pre-empts local government regulation of greenhouse gas emissions. SB 784 sent to Governor on 5/15.

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TORT LIABILITY

HB 194 by Ortega (D-El Paso): Establishes safety requirements for amusement ride operators. Referred to Senate Business & Commerce on 5/5.

HB 242 by Howard (D-Austin): Provides immunity from civil liability for a person that donates a feminine hygiene product to a nonprofit organization for distribution to individuals in need of the product, provided the product meets quality and labeling standards imposed by law at the time of the donation. Applies also to the nonprofit organization that distributes the product. Does not apply to intentional action or gross negligence resulting in injury. Sent to Governor on 5/15.

HB 291 by Murr (R-Junction): Amends Chapter 521, Transportation Code, to place new restrictions on the issuance or renewal of occupational driver’s licenses. Bars a person from applying for a license if: (1) DPS determines that the person is incapable of operating a motor vehicle under Ch. 524; (2) the person does not hold a driver’s license and is ineligible to obtain one because of a suspension order, including an order due to a conviction or under Chapters 524 or 724 (intoxication); (3) the person is ineligible because the person holds a driver’s license issued by another state or country that was revoked, suspended, or canceled for a cause other than physical or mental impairment. Provides that an occupational driver’s license does not authorize a person to operate a commercial motor vehicle to which Chapter 522 applies (moving offenses). Establishes a procedure for petitioning a court to accept applications for a license. Placed on Senate Intent on 5/19.

HB 527 by Wu (D-Houston): Amends the Texas Citizens Participation Act (Ch. 27, CPRC) to exempt from the application of the Act a legal malpractice claim. Placed on Senate Intent on 5/19.

HB 603 by Shaheen (R-Plano): Adds Chapter 128A, CPRC, to bar a civil action against a person who reports suspicious activity to law enforcement if the person acted as a reasonable person would in the same or similar circumstances and with a reasonable belief that the suspicious activity constituted or was in furtherance of a crime, including an act of terrorism. Referred to Senate State Affairs on 5/11.

HB 1553 by Ashby (R-Lufkin): Amends § 2151.002(1), Occupations Code, to exclude from the definition of “amusement ride” certain challenge courses and waterslides. Placed on Senate Intent on 5/19.

HB 1745 by Leach (R-Allen)/SB 901 by Nichols (R-Jacksonville): Adds Chapter 150E, CPRC, to provide that a transportation network company may not be held vicariously liable for damages in a civil action or arbitration proceeding if (1) the claimant fails to prove by clear and convincing evidence that the company was grossly negligent, or (2) the company has fulfilled its obligations with respect to the company driver under Chapter 2402, Occupations Code. Provides that a company may be held liable for negligence or gross negligence relating to the use of the company’s network, including the failure to prevent a driver from logging on, if, at the time of the event giving rise to the cause of action, the company had actual knowledge that the driver was disqualified from logging on for a reason described in § 2402.107(b), Occupations Code, that occurred after the most recent review of the driver’s driving record or criminal background check. require a claimant bringing a personal injury action against a transportation network company to file with the petition (or at the initiation of arbitration) an affidavit by claimant’s counsel setting forth specifically for each theory of recovery (1) the negligence, if any, or other action, error, or omission of the company; and (2) the factual basis for each claim. Further requires a third-party expert affidavit attesting that the damages exceed the applicable insurance coverage. Requires a court or arbitration tribunal to dismiss the action for failure to file the affidavits. Makes an order granting or denying a motion to dismiss immediately appealable as an interlocutory appeal or grounds to file an application to a court to review the order of the arbitration tribunal. Provides that the transportation network company may not be held vicariously liable if the company did not commit a state or federal crime and has fulfilled its obligations with respect to the company driver under Chapter 2402, Occupations Code. Sent to Governor on 5/18.

HB 2308 by Ashby (R-Lufkin): Amends Chapter 251, Agriculture Code, to further limit nuisance actions against agricultural operations to require the claimant to prove each element of the action by clear and convincing evidence. Expands the limits to any action to restrain an agricultural operation. Expands the definition of “agricultural operation” to include hay and other forages and raising or keeping livestock or poultry for purposes of veterinary services. Eliminates the exception giving a municipality authority to enforce state law. Expands the liability of a person who brings an improper nuisance action against an agricultural operator to include any damages found by the trier of fact (already allows recovery of costs and attorney’s fees). Eliminates local government authority to regulate the construction of an agricultural improvement. Adds to the definition of “agricultural land” any land on which agricultural operations exist or may take place, regardless of the land’s qualification for appraisal as agricultural land. Adds to the definition of “agricultural improvement” an arena, implements used for management functions, and equipment necessary to carry out agricultural operations. Sent to Governor on 5/11.

HB 2636 by Murr (R-Junction): Adds Chapter 75B, CPRC, to limit the liability of a recreational vehicle park or campground for personal injury, death, or property damage of a participant in park or campground activities if the park posts a warning sign as prescribed by the statute. Does not limit liability if the park or campground’s negligence evidences disregard for the participant’s safety, the park or campground had actual knowledge of or reasonably should have known of a dangerous condition on the land, facilities, or equipment of the park or campground, failed to train or improperly trained an employee involved in the activity, or acted intentionally. Placed on Senate Intent on 5/19.

SB 58 by Zaffirini (D-Laredo)/HB 2336 by Thimesch (R-Carrolton): Adds Chapter 328, Business and Commerce Code, to prohibit the sale or use of any technology, device, or software in the sale of a good on an Internet website that: (1) functions as a bypass in the purchasing process; (2) disguises the identity of the purchaser; (3) permits the purchase of a quantity of goods exceeding the maximum number that may be sold to one purchaser as specified by the seller or operator on the website; (4) allows for the unauthorized access to or identification of gift card information; or (5) circumvents a security measure, access control system, or other control, authorization, or measure in the purchasing process. Enforcement by the attorney general, who may recover court costs, attorney’s fees, and investigation fees. SB 58 sent to Governor on 5/12.

HB 618 by Darby (R-San Angelo)/SB 502 by Hughes (R-Tyler): Amends § 123.003, Natural Resources Code, to expand tort immunity for a producer of drill cuttings if: (1) the producer has a legal or contractual right to transfer the drill cuttings to an unaffiliated third-party permit holder in an arm’s length transaction, (2) the method and location of the use or disposal are not prohibited by law, contract, or other written agreement, and (3) the consequence was caused solely by the permit holder. Expands the definition of permit holder to include a commercial oil and gas waste disposal facility. SB 502 sent to Governor on 5/11.

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. HB 3545 referred to Senate State Affairs on 5/11.

SB 694 by Hughes (R-Tyler): Adds § 84.0067, CPRC, to confer immunity from liability to a religious organization or security personnel of a religious organization for death, damage, or injury if the personnel was acting in the course and scope of employment or volunteer duties or functions to provide security services. Set on House Calendar on 5/20.

SB 815 by Springer (R-Muenster)/HB 73 by Murr (R-Junction): Amends § 75.006, CPRC, to provide immunity from liability for a landowner or lessee for damages arising from an occurrence involving livestock, whether or not on the property, due to an act or omission of a trespasser or a third party who damages a fence on the property, or due to wildlife, an act of God, or another cause beyond the control of the landowner or lessee. Extends the same immunity to the owner, lessee, or occupant of agricultural land for any damage or injury arising from the actions of a trespasser, a third party, or wildlife, an act of God, or circumstances beyond the control of the owner, lessee, or occupant. Further provides immunity from liability for damages arising from the action of an individual who enters or causes another person to enter the agricultural land without the permission of the owner, lessee, or occupant because of the actions of a trespasser, a third party, or wildlife, an act of God, or circumstances beyond the control of the owner, lessee, or occupant. HB 73 placed on Senate Intent on 5/19.

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HEALTH CARE LIABILITY

HB 49 by Klick (R-Fort Worth): Makes certain information related to an investigation of a hospital or licensed mental hospital by the Health and Human Services Commission subject to the Open Records Act (Ch. 552, Government Code). These include notices of violations, the number of investigations of the hospital, the pleadings in an administrative proceeding to impose a penalty on a hospital, the outcome of the investigation, and the commission’s investigative report or order addressing the alleged violations. Requires the commission to post the information on its website not later than the 90^TH day after it issues its final decision, investigative report, or order. Sent to Governor on 5/8.

HB 112 by Howard (D-Austin)/SB 240 by Campbell (R-San Antonio): Requires hospitals, nursing facilities, ambulatory surgical centers, freestanding emergency medical facilities, and other health care facilities to establish a workplace violence prevention committee and develop a plan to prevent workplace violence. Following an incident of workplace violence, requires a facility to provide immediate services, including necessary acute care treatment. Bars a facility from discriminating against a person who in good faith reports an incident of workplace violence. Gives enforcement authority to the appropriate licensing authority. SB 240 sent to Governor on 5/4.

HB 148 by Julie Johnson (D-Farmers Branch): 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. Recommended for Senate Local on 5/19.

HB 233 by Murr (R-Junction)/SB 831 by Flores (R-Austin): Requires an inpatient mental health facility, treatment facility, or hospital that provides comprehensive medical rehabilitation services to provide four hours of continuing inservice training of employees regarding identification of patient abuse or neglect. HB 233 referred to Senate Health and Human Services on 5/9.

HB 248 by Murr (R-Junction): Establishes a task force on patient solicitation by mental health and chemical dependence facilities. Includes Internet solicitation in the regulated forms of media advertising. Prohibits a facility from contracting with a marketing provider who agrees to provide general referrals or leads to prospective patients through a call center or website, unless the terms of the contract are disclosed to the prospective patient. Prohibits false and misleading statements about a facility’s services or location in advertising media or on a website. Prohibits a person from receiving a commission or any benefit for securing or soliciting a patient for or from a person licensed, certified, or registered by a state health care regulatory agency. Increases criminal and civil penalties for violations. Recommended for Senate Local on 5/19.

HB 1791 by Y. Davis (D-Dallas)/SB 2171 by Alvarado: Amends §74.351(r)(5), CPRC, to add a chiropractor or physician to the definition of “expert” for the purpose of giving opinion testimony about the causal relationship between the injury, harm, or damages claimed and the alleged departure from the standard of care for a chiropractor. Adds §74.403(c-1), CPRC, to permit a chiropractor to give opinion testimony in a health care liability claim against a chiropractor. SB 2171 sent to Governor on 5/8.

HB 2556 by Oliverson (R-Cypress): Makes a physician who enters into a supervising agreement with a physician graduate responsible for the oversight of and is liable for any medical act performed by the physician graduate in the provision of primary care services. Provides for the licensing of physician graduates. Allows an insured to select a physician graduate to provide a scheduled service within the scope of the graduate’s license. Voted favorably from Senate Health & Human 5/19.

HB 3162 by Klick (R-Fort Worth)/SB 1724 by Springer: Adds § 160.0045, Health and Safety Code, to grant immunity from civil liability to a physician or health care provider acting under the direction of the physician for conducting a tracheostomy or percutaneous gastrostomy for purposes of the transfer of a patient to another physician who is willing to comply with the patient’s advance directive. Makes numerous changes with respect to the review process involving advance directives. HB 3162 passed Senate on 5/18.

SB 301 by Hall (R-Edgewood): Prohibits a health care licensing agency from taking adverse action against a health care provider or pharmacist that prescribes, dispenses, administers, or otherwise provides ivermectin or hydroxychloroquine to a patient. Prohibits a pharmacist from contacting a provider to dispute the efficacy of those drugs. Provides immunity to providers for negligence. SB 301 referred to House Public Health 4/28.

SB 490 by Hughes (R-Tyler)/HB 1973 by Harris (R-Round Rock): Requires a health care provider to provide an itemized billing statement if the provider requests payment from a patient for a health care service or related supply. Prohibits a provider from pursuing debt collection if the provider did not provide the itemized statement. SB 490 sent to Governor on 5/17.

SB 666 by Hall (R-Edgewood): Amends Chapter 154, Occupations Code, to limit the persons who may file a complaint with the Texas Medical Board regarding a license holder to the license holder’s patient or a person directly involved in the care of the license holder’s patient. Establishes requirements for the form of complaint. Requires the board to complete its investigation of a complaint within 180 days. Bars the board from investigating a complaint that is more than 3 years old and complaints involving care provided to a person 17 years of age or younger unless the complaint is filed on or before the person’s 20^TH birthday. Requires review of a complaint against a physician to be conducted by a licensed physician engaged in the active practice of medicine. Requires at least 6 of 8 members of a panel of reviewing physicians to find that the physician’s conduct falls below the acceptable level of care in order for the board to discipline the physician. Referred to House Public Health on 5/15.

SB 945 by Kolkhorst (R-Brenham): Amends §§ 327.001 and 327.008, Health and Safety Code, to expand the commission’s administrative penalty authority over hospitals that violate Chapter 327’s requirements for price disclosure to freestanding emergency medical care facilities, urgent care or retail clinics, outpatient clinics, birthing centers, ambulatory surgical centers, or other facilities licensed to provide health care services in the state. Referred to House Public Health on 5/6.

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EMPLOYMENT LAW

HB 1215 by Cook (R-Mansfield): Prohibits the state or a political subdivision (other than a school district or law enforcement agency) from asking a job applicant about his or her criminal history. Allows the public entity to establish job qualifications that exclude people with specific criminal convictions and permits the entity to ask on the application whether the applicant has any convictions that would disqualify him or her. Does not prohibit the employer from obtaining a criminal history background check on the applicant once a job offer has been made. Referred to Senate Business & Commerce on 5/16.

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CONSTRUCTION LAW/FREEDOM OF CONTRACT

HB 679 by K. Bell (R-Forney): Adds § 272.003, Business and Commerce Code, to make voidable an offer to contract that requires a person to have a specified experience modifier in order to accept the offer, as well as a contract solicitation that requires a person to have a specified experience modifier in order to submit a response to the solicitation. House concurred in Senate amendments on 5/19.

HB 1054 by Turner (D-Arlington): Adds Subchapter L, Chapter 301, Labor Code, to require a contractor to “properly classify each individual providing construction services as either an employee or an independent contractor in accordance with” TWC rules. Provides that an individual may not be considered an employee solely on the basis the individual must submit to a criminal background check or preemployment drug screening or possess a certain license or certification relating to the work the individual will perform. Provides that the contractor is not required to report an individual as an employee if the contractor shows that the individual is an independent contractor, provides a 1099 or equivalent form, and files the form with the IRS. Exempts governmental entities and religious organizations. Establishes a complaint procedure. Imposes administrative penalties on contractors for misclassifying employees. Requires TWC to report violations to a government entity that the commission reasonably believes has received construction services provided by the contractor. Requires TWC to compile an annual report detailing violations. Referred to Senate Natural Resources on 5/16.

HB 2022 by Leach (R-Plano)/SB 873 by King (R-Weatherford): Makes several changes to Chapter 27, Property Code (residential construction liability). Provides that a contractor is liable only to the extent a defective condition proximately causes actual physical damage to the residence, an actual failure or lack of capability of a building component to perform its intended function or purpose, or a verifiable an imminent danger to the safety of the occupants of the residence. Provides that a contractor is not liable for damages caused by the failure of a person other than the contractor to timely notify the contractor of a construction defect. Provides that a contractor is not liable for normal cracking or shrinkage cracking. Provides that to maintain a breach of a warranty of habitability, a claimant must establish that a construction defect was latent existed in the residence on the date the residence was completed or title was conveyed to the original purchaser and the defect has rendered the residence unsuitable for its intended use as a home uninhabitable. Requires the claimant to act with reasonable diligence after discovery and investigation of the defect to send pre-suit notice to the contractor. Allows the contractor up to three inspections during the 35-day right to cure period. Allows a contractor to make a written offer of settlement not later than the 60^TH day after receiving notice of a claim. Extends the time for completion of repairs from 45 to 60 days. Provides that a court or arbitration tribunal may award attorney’s fees to a contractor if the action is abated because the claimant failed to send the pre-suit notice or did not permit an inspection. Limits recoverable damages only to economic damages listed in the statute, but adds reasonable and necessary arbitration filing fees and the claimant’s share of arbitration compensation. Authorizes the court or arbitration tribunal to order that an offer of settlement by the contractor made after the applicable deadline is timely if the claimant failed to provide required written notice, failed to provide the contractor with evidence of the defect, or amended a claim to add a new alleged defect (or under circumstances beyond the contractor’s control). Provides that limitations applies the same to an arbitration proceeding as to a filing in court. Amends § 27.006 to prove that the construction defect existed at the time of construction, alteration, or repaid. Repeals § 27.004(f) (limitations does not apply if the contractor fails to make a reasonable settlement offer), § 27.004(l), § 27.0042(b), and § 27.007(c). HB 2022 passed Senate on 5/17.

HB 2024 by Leach (R-Plano)/SB 939 by King (R-Weatherford): Amends § 16.008, CPRC, to require a person to bring a claim arising out of the design, planning, or inspection or a new residence, an alteration of or repair or addition to an existing residence, or an appurtenance to a residence against a registered or licensed architect, engineer, interior designer, or landscape architect no later than 8 years after the substantial completion of the improvement or the beginning of operation of the equipment in an action arising out of a defective or unsafe condition of the real property, the improvement, or the equipment. Amends § 16.009, CPRC, to establish a 10-year an 8-year limitations period in a similar action against a person who constructs or repairs the improvement. Establishes a 6-year 5-year limitations period if the defendant is a contractor who has provided a written warranty for the residence. Provides that a written warranty must provide a minimum period of one year for workmanship and materials, two years for plumbing, electrical, and HVAC, and six five years for major structural components. HB 2024 passed Senate on 5/16.

HB 2584 by Paul (R-Houston)/SB 1766 by Creighton: Voids a provision in a contract for appraisal services between a governmental agency and a provider of appraisal services that requires the provider to defend the governmental agency or to indemnify the agency for the agency’s sole or concurrent negligence. SB 1766 sent to Governor on 5/11.

HB 2879 by Oliverson (R-Cypress): 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 located in this state that is the subject of the litigation is located. Passed Senate on 5/18.

HB 2965 by Vasut (R-Angleton)/SB 1336 by Creighton (R-Conroe): Amends § 2272.002(b), Government Code, to remove the exception to the applicability of Chapter 2272’s report and right to cure provisions to civil works projects. Adds an exception for a contract entered into by a river authority. Bars waiver of Chapter 2272. HB 2965 voted favorably from Senate Business & Commerce on 5/19.

HB 3156 by Leach (R-Allen)/SB 2179 by LaMantia (D-Brownsville): Adds § 97.003, CPRC, to provide that a professional entity or officer or employee of such entity that provides services as a consultant or subconsultant of TXDOT to monitor and inspect the progress of work on a transportation or maintenance project performed by a private contractor and report to TXDOT on the contractor’s compliance is not liable to a claimant for personal injury, property damage, or death arising from an action performed in the course and scope of the entity’s consulting duties. Applies only to monitoring and inspection services, not design or construction. HB 3156 recommended for Senate Local on 5/17.

HB 3485 by Bell (R-Forney): Adds § 2251.0521, Government Code, to permit a contractor or subcontractor not to proceed with additional work directed by a governmental entity if the contractor or subcontractor has not received a written, fully executed change order and the aggregate actual or anticipated value of the additional work plus any previous additional work for which the contractor or subcontractor has not received an executed change order exceeds 10% of the original contract amount. Holds harmless the contractor or subcontractor who elects not to proceed. Adds § 28.0091, Property Code, to make the same change for owner-directed additional work. Placed on Senate Intent on 5/19.

HB 3499 by Guillen (R-Rio Grande City)/SB 1900 by Birdwell (R-Granbury): Adds § 5.0051, Property Code, to bar a foreign terrorist organization from purchasing or otherwise acquiring title to real property in Texas. SB 1900 passed to third reading in House on 5/19.

SB 147 by Kolkhorst/HB 4006 by Spiller (R-Jacksboro): Adds § 5.0051, Property Code, to prohibit China, Russia, Iran, and North Korea and any businesses directly or indirectly owned by their governments or individual citizens of those countries from acquiring title to real property in Texas. SB 147 referred to House State Affairs on 5/4.

SB 541 by Campbell (R-San Antonio): Bars the state or a political subdivision of the state from contracting with an entity that is barred from federal contracts under the John S. McCain National Defense Authorization Act of 2019, that contracts with a barred entity, or is designated a risk to state security by the governor. SB 541 Referred to House State Affairs 4/17.

SB 803 by Hughes (R-Tyler)/HB 2265 by Leach (R-Allen): Adds § 2252.909, Government Code, to prohibit a construction contract between a governmental entity and a contractor from prohibiting or limiting the award of compensatory damages to the contractor for a delay caused solely by the governmental entity. Provides that a waiver of this provision is void. HB 2265 heard in Senate Business and Commerce on 5/19.

SB 1534 by Schwertner (R-Georgetown): Amends § 15.50(b), Business and Commerce Code, to prohibit a covenant not to compete relating to the practice of medicine from denying the physician access to a list of the physician’s patients seen or treated in the year prior to termination. Provides that an employer may not require a health care practitioner to enter into a covenant not to compete unless the covenant; (1) provides for a buyout in an amount not greater than the practitioner’s total annual salary and wages at the time of termination of employment; (2) provides that it expires within one year of termination; and (3) provides that the radius of the geographical area subject to the covenant is not greater than five miles. Voids a non-compliant covenant. Voted favorably from House Public Health on 5/18.

SB 1621 by Kolkhorst (R-Brenham)/HB 3846 by Toth (R-The Woodlands): Prohibits a state agency from awarding a contract for goods or services to a contractor or subcontractor unless they register with and participate in the E-verify program. Requires all employers to register with and participate in the E-verify program as a condition of a license, certificate, registration, permit, or other authorization that is required for a person to practice or engage in a particular business, occupation, or profession. Requires political subdivisions to participate in E-verify and terminate employees who don’t comply. SB 1621 placed on Senate Intent on 5/19.

SB 2530 by Hughes (R-Tyler): Bars state governmental entities from contracting with a company unless the contract contains a written verification from the company that it does not boycott energy companies, will not boycott energy companies, during the term of the contract, is not a listed financial company (that boycotts energy companies), and is not an affiliate of a listed banking company. Referred to House State Affairs on 5/6.

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PROCEDURE/DISCOVERY/PRIVILEGES

HB 422 by VanDeaver (R-New Boston)/SB 1992 by Perry (R-Lubbock): Allows a juvenile court to conduct remote proceedings without the consent of the parties. Authorizes the court to conduct a detention proceeding remotely without consent of the parties. HB 422 placed on Senate Intent on 5/19.

HB 616 by Vasut (R-Angleton): Requires at least one hour of the 20 hours of required continuing education for court clerks to concern the proper selection of grand and petit juries. Passed Senate on 5/17.

HB 698 by Neave Criado (D-Dallas)/SB 243 by Johnson (D-Dallas): Provides that on written request by an applicant or witness who is to be protected by a proposed protective order, the court shall provide a method by which the applicant or witness may appear remotely, unless the court finds good cause to deny the request. HB 698 referred to Senate State Affairs on 5/9.

HB 1255 by Smithee (R-Amarillo): Adds § 16.073, CPRC, to provide that a party may not assert a claim in an arbitration proceeding that the party could not assert in court because the applicable limitations period had expired. Allows a party to assert such a claim if the party brough suit for the claim in court before the expiration of limitations, or the parties either agreed to arbitrate the claim or the court ordered the parties to arbitrate the claim. Sent to Governor on 5/15.

HB 1561 by Smithee (R-Amarillo)/SB 1603 by Hughes (R-Tyler): Amends § 51.014, CPRC, to require a court of appeals to state the specific reason for declining to accept a permissive appeal. Provides that the supreme court may review a court’s decision not to accept the appeal under an abuse of discretion standard. SB 1603 sent to Governor on 5/12.

HB 2007 by Martinez (D-Weslaco)/SB 2488 by Parker (R-Flower Mound): Amends § 150.002, CPRC, to provide that a third-party plaintiff that is a design-builder or design-build firm is not required to file a certificate of merit in connection with a third-party claim or cross-claim against a licensed or registered professional if the action or arbitration proceeding arises out of a design-build project in which a governmental entity contracts with a single entity to provide both design and construction services for a building or facility, a civil works project, or a highway project. HB 2007 passed Senate on 5/17.

HB 2431 by Johnson (D-Farmer’s Branch): Adds §51.018, CPRC, to allow a party that files a notice of appeal to file an appendix that replaces the clerk’s record for the appeal. Requires the party to notify the court of appeals that it will file an appendix not later than the 10^TH day after the notice of appeal is filed. Requires the appendix to be filed with the party’s appellant brief. Requires the brief and appendix to be filed not later than the 30^TH day after the later of: (1) the date the party provided notice to the court of appeals; or (2) the date that a reporter’s record, if any, is filed with the court of appeals (except by order of the court or in an expedited proceeding). Requires the appendix to contain a file-stamped copy of each document required by Rule 34.5, TRAP, for civil actions and any other item the appellant refers to in its brief. Does not allow the appendix to include any document not filed with the trial court, absent agreement of the parties. Provides that the appendix becomes part of the appellate record and does not allow the appellate clerk to charge a fee for a clerk’s record if the appendix if filed. Provides a parallel procedure for criminal cases. Amended on to HB 3474.

HB 3129 by Guerra (D-McAllen): Amends § 51.014, CPRC, to make a technical drafting correction. Voted favorably as substituted from Senate Jurisprudence on 5/17.

HB 3929 by Cook (R-Mansfield): Repeals § 20.002, CPRC (testimony required by a foreign jurisdiction), effective September 1, 2025. Authorizes SCOTX to adopt the Uniform Interstate Depositions and Discovery Act as rules of civil procedure. Provides that if SCOTX does not adopt the Act before September 1, 2025, current law remains in effect. Recommended for Senate Local on 5/17.

HB 4381 by DeAyala (R-Houston): Adds § 52.007, CPRC, to direct the trial court, upon a showing that posting security in the larger amount required by § 52.006 would require the judgment debtor to substantially liquidate the debtor’s interests in real or personal property necessary to the normal course of the debtor’s business, to allow the debtor to post alternative security. Permits the debtor, pending appeal, to continue to manage, use, and receive earnings from interests in real or personal property in the normal course of business. Provides that if an appellate court reduces the amount of the judgment that the trial court used to set security, the judgment debtor is entitled, pending appeal of the judgment to a court of last resort, to a redetermination of the amount of security. Applies to a judgment debtor with a net worth of less than $10 million. Passed Senate on 5/17.

SB 380 by Zaffirini (D-Laredo)/HB 3544 by Moody (D-El Paso): Provides that a party to a court proceeding who files a statement of inability to pay court costs is not required to provide an interpreter at the party’s expense or pay costs associated with the services of an interpreter appointed by the court, unless the statement has been contested and the court has ordered that party to pay costs. SB 380 sent to Governor on 5/11.

SB 896 by Hughes (R-Tyler)/HB 2781 by Leach (R-Allen): Amends § 51.014, CPRC, to provide that the denial of a motion to dismiss under the TCPA is not subject to the automatic stay until the 61^st day after the the denial was signed 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). Allows the court of appeals to order a stay on a determination that the appellant is likely to succeed on the merits or in the interests of justice. SB 896 reported favorably as substituted from House Judiciary on 5/12.

SB 1489 by Creighton (R-Conroe)/HB 3619 by Burrows (R-Lubbock): Prohibits investment of PUF, national research university fund, or money held by a public institution of higher education in entities that boycott Israel, energy companies, or firearms or ammunition makers. SB 1489 referred to House Higher Education on 5/9.

SB 1602 by Hughes (R-Tyler)/HB 3751 by Cain (R-Houston): Adds Chapter 143A, CPRC, to provide that venue for an action involving censorship by social media platforms shall be brought and maintained in Texas courts and that Texas law applies. SB 1602 sent to Governor on 5/17.

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INSURANCE

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. Received in Senate on 5/15.

HB 601 by Jetton (R-Richmond): Amends § 542.003(b), Insurance Code, to make it an unfair claims settlement practice to compel a policyholder to retain a public adjuster to recover an amount due under the policy by offering substantially less than the amount ultimately recovered in a settlement with the policyholder. Amends §4102.104, Insurance Code, to require an insurer to pay a commission of a license holder for services provided to the insured as a result of the insurer’s violation of Chapter 541 or § 542.003(b), in addition to any other payment required by law. Received in Senate on 5/15.

HB 998 by Paul (R-Houston)/SB 741 by Middleton (R-Galveston): Amends § 2211.051, Insurance Code, to authorize the commissioner of insurance to include in a Fair Access to Insurance Requirements Plan property owners’ association insurance if the commissioner determines that such insurance is not reasonably available in the voluntary market to a substantial number of insurable risks. Adds § 2211.1515, Insurance Code, to require TWIA to make property owners’ association insurance to an applicant in an underserved area up to 10 miles beyond TWIA’s designated catastrophe area, if the applicant has made diligent effort (evidenced by two declinations) but has been unable to secure insurance in the voluntary market. Makes conforming changes in other sections. HB 998 sent to Governor on 5/8.

HB 1039 by E. Thompson (R-Pearland): Requires an insurer who writes residential property insurance in Texas to cover additional living expenses incurred by the insured if the insured property is uninhabitable due to a stoppage caused by a covered loss of water, electricity, sewer, or natural gas services for a period of at least 24 hours (if the policy includes such coverage in any amount). Referred to Senate Business & Commerce on 5/4.

HB 1074 by Hull (R-Houston): Amends § 1806.002, Insurance Code, to authorize an insurer or insurer’s agent to offer or give an insured or applicant, for free or at a discounted price in a manner that is not unfairly discriminatory to insureds or applicants of the same class and of essentially the same hazard, services or other offerings not specified in the insurance policy that relate to loss control of the risks covered under the policy. Clarifies that various non-discrimination provisions in Chapter 1806 do not permit an unfair method of competition or a false, misleading, or deceptive act or practice under the DTPA. Requires the cost to the insurer or insurer’s agent of offering the product or service to be reasonable in comparison to that customer’s premiums or insurance coverage for the policy class. Prohibits the insurer or insurer’s agent from providing to another person any data obtained from the customer in connection with the product or service, except for loss control of risks covered under the policy. Passed Senate on 5/17.

HB 1164 by Gervin-Hawkins (D-San Antonio): Requires a health benefit plan to provide coverage for a hair prothesis for breast cancer patients. Referred to Senate Health and Human Services on 5/16.

HB 1234 by E. Thompson (R-Pearland): Prohibits an insurer from issuing or renewing a residential property insurance policy unless the insurer provides coverage for damage to a metal roof regardless of whether the damage impedes the function of the roof. Referred to Senate Business & Commerce on 5/5.

HB 1337 by Hull (R-Houston)/SB 452 by Menendez (D-San Antonio): Prohibits a health benefit plan from requiring step therapy before providing coverage of an FDA-approved prescription drug for treating serious mental illness. Allows a step therapy protocol to require a trial of a generic or pharmaceutical equivalent of a prescribed prescription drug only once in a plan year and if the equivalent drug is added to the plan’s drug formulary. HB 1337 recommended for Senate Local on 5/19.

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 voted favorably as substituted from Senate Business & Commerce on 5/19.

HB 1527 by Oliverson (R-Cypress)/SB 1981 by Zaffirini (D-Laredo): Prohibits an employee benefit plan or health insurance policy provider from recovering an overpayment from a dentist unless it follows certain procedures and gives the dentist the opportunity to object within a specified time. Prohibits a plan or policy from allowing the insurer to deny payment for a covered service and from barring the dentist from balance billing. Limits the ability of a plan or policy provider to grant third-party access to a provider network and allows a dentist to opt out of participating in third party access to the network. Passed Senate on 5/18.

HB 1592 by Oliverson (R-Cypress)/SB 1306 by Hancock: Allows the plan sponsor of an ERISA employer health benefit plan to elect to apply the balance billing and out-of-network provider dispute resolution requirements of Chapter 1275, Insurance Code, to the plan for the relevant plan year. HB 1592 voted favorably from Senate Health and Human Services on 5/19.

HB 1696 by Buckley (R-Lampasas): Establishes any willing provider requirements for managed health plans, including vision benefit plan issuers and administrators, that contract with optometrists, therapeutic optometrists, and ophthalmologists. Voted favorably as substituted from Senate State Affairs on 5/17.

HB 1706 by Perez (D-Houston)/SB 1574 by Schwertner (R-Georgetown): Bars an insurance policy from prohibiting an insured to contract with a public adjuster. HB 1706 sent to Governor on 5/18.

HB 1861 by Guillen (R-Rio Grande City)/HB 1900 by Smithee (R-Amarillo): Amends § 551.105, Insurance Code, to extend the prior written notice requirement for nonrenewal of a property and casualty policy from 30 to 60 days. House concurred in Senate amendments to HB 1900 on 5/19.

HB 1902 by Smithee (R-Amarillo)/SB 1003 by Johnson (D-Dallas): Requires health benefit plan issuers to include in their directories of facility-based physicians updated information regarding all providers and their specialties. SB 1003 effective 9/1/23.

HB 2065 by E. Thompson (R-Pearland): Amends § 551.1053, Insurance Code, which requires an insurer to give the insured written notice of nonrenewal if the insured fails or refuses to cooperate with an insurer in the investigation, settlement, or defense of a claim, to limit the application of the provision to a third-party claim. Placed on Senate Intent on 5/19.

HB 3311 by Lozano (R-Kingsville): Eliminates § 2210.102(f), Insurance Code, which requires TWIA member insurers to nominate a slate of nominees to fill a vacancy in one of the three positions reserved for them on the TWIA board. Passed Senate on 5/19.

HB 3524 by Johnson (D-Houston)/SB 1178 by LaMantia (D-Brownsville): Requires a health benefit plan that provides coverage for general anesthesia to include coverage general anesthesia services in connection with dental services provided to a covered individual younger than 13 and unable to undergo the dental service without general anesthesia and the anesthesia is performed by a physician anesthesiologist or dentist anesthesiologist. SB 1178 referred to Senate Health & Human 3/9. HB 3524 referred to Senate Health and Human Services on 5/4.

HB 3942 by Bhojani (D-Euless): Amends § 1455.004, Insurance Code, to require a health benefit plan to cover a service or procedure delivered as a telemedicine, teledentristy, or telehealth service at a distant site outside the state on the same basis that the plan provides coverage for the service in an in-person setting. Voted favorably from Senate Health and Human Services on 5/19.

HB 4367 by Cortez (D-San Antonio): Amends § 1301.135, Insurance Code, to prohibit an insurer from denying or reducing payment to a provider based on medical necessity or eligibility or coverage determinations if the proposed service is provided to the insured before the 31^ST day after the date the service was preauthorized, unless the provider has materially misrepresented the proposed service or substantially failed to perform the service. Bars the insurer from requiring the provider to request verification. Referred to Senate Health and Human Services on 5/5.

HB 4506 by Cortez (D-San Antonio)/SB 2176 by LaMantia: Prohibits a health benefit plan from requiring an enrollee to be evaluated for autism spectrum disorder more than once every ten years. HB 4506 referred to Senate Health and Human Services on 5/15.

SB 796 by Middleton (R-Galveston)/HB 5144 by Johnson (D-Houston): Requires a surplus lines insurance contract 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. SB 796 passed House on 5/19.

SB 622 by Parker (R-Flower Mound)/HB 1754 by Smithee (R-Amarillo): Requires a health benefit plan issuer that covers prescription drugs and uses a drug formulary to disclose the formulary and up-to-date cost sharing information (as well as other information) to the enrollee or the enrollee’s prescribing provider upon request. Prohibits the issuer from delaying a response to a request, restricting communication between the provider and patient about the cash price of the drug, or interfere with or discourage access to the information (i.e., charging a fee or penalizing a provider for requesting the information.) SB 622 sent to Governor on 5/17.

SB 989 by Huffman (R-Houston)/HB 3188 by Bonnen (R-Friendswood): Requires a health benefit plan to cover biomarker testing for the purpose of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s disease or condition to guide treatment when the test is supported by medical and scientific evidence. SB 989 sent to Governor on 5/17.

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 heard in House Insurance on 5/9.

SB 1139 by Schwertner (R-Georgetown)/HB 1236 by Oliverson (R-Cypress): Expands the definition of “emergency care” for purposes of health benefit plans to include emergency care “regardless of the final diagnosis of the condition.” Provides that a utilization review of emergency care may consider diagnosis codes, relevant documentation, and presenting symptoms. HB 1236 heard in Senate Health and Human Services on 5/9.

SB 1141 by Schwertner (R-Georgetown)/HB 895 by Munoz (D-Palmview): Bars an HMO or PPO from using extrapolation to complete an audit of a participating physician or provider. Requires any payment or refund to be based on the actual overpayment or underpayment and may not be based on extrapolation. HB 895 referred to Senate Health and Human Services on 5/12.

SB 1217 by Middleton (R-Galveston)/HB 2880 by Lozano (R-Kingsville): Makes various amendments to Chapter 2210, Insurance Code, overhauling the administration of TWIA. Bars TWIA from using any money under its control to lobby the legislature, subject to a fine of $10,000. Bars a person with specified financial ties to the property and casualty insurance industry from serving as general manager of TWIA. Adjusts payments from Class 1, 2, and 3 assessments by the CPI. Provides for member assessments for losses in excess of reinsurance. Bars representatives of the insurance industry who actively write and renew windstorm and hail insurance, as well as captive agents, from serving on the TWIA board of directors and requires the public counsel of OPIC to serve on the board. Prohibits TWIA from automatically adjusting the amount of coverage purchased by a policyholder, requiring the use of any one replacement cost calculator, or adjusting premiums, fees, or any other costs to policyholders for inflation without a vote of the board of directors. Bars TWIA, in determining the probable maximum loss, from considering the cost of providing loss adjustments and requires it to, to the extent possible, contract with any disinterested third parties necessary to execute any catastrophe models that were executed in the preceding storm season or substantially similar to those models. Requires the amount of loss adjustment expenses used for rate filing to be considered above the probable maximum loss. SB 1217 voted favorably as substituted from House Insurance on 5/16.

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. Heard in House Insurance on 5/16.

SB 1576 by Schwertner (R-Georgetown)/HB 999 by Price (R-Amarillo): Requires a health benefit plan issuer or PBM to apply any third-party payment, financial assistance, discount product voucher, or other reduction in out-of-pocket expenses for an enrollee for a prescription drug to the enrollee’s deductible, copayment, cost-sharing responsibility, or out-of-pocket maximum. Applies to a drug for which a generic equivalent does not exist or a generic equivalent does exist but the enrollee has obtained access under the plan using prior authorization, step therapy protocol, or the issuer’s exceptions and appeals process. Also applies if an interchangeable biological product does not exist or it does exist but the enrollee has obtained access under the plan using prior authorization, step therapy protocol, or the issuer’s exceptions and appeals process. HB 999 recommended for Senate Local on 5/19.

SB 1581 by Bettencourt (R-Houston): Establishes the Texas Health Insurance Mandate Advisory Committee at the Center for Healthcare Data at the UT Health Science Center in Houston. Received in House on 5/1.

Worker’s Compensation

HB 90 by Patterson (R-Frisco)/SB 155 by Huffman (R-Houston): Amends Chapter 401, Labor Code, to entitle members of the Texas military forces to the same benefits under the workers’ compensation system as first responders. HB 90 passed Senate on 5/19.

HB 102 by S. Thompson (D-Houston)/SB 1352 by Miles (D-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 referred to Senate business & Commerce on 5/15.

HB 351 by C. Bell (R-Magnolia): Authorizes a workers’ compensation insurer to contract with an accident and health insurer to offer to employers a workers’ compensation and group accident and health insurance policy together in one packaged plan. Allows a workers’ compensation insurer that offers a packaged plan to allow for medical benefits (but not other compensable injuries under the comp law) under Chapter 408, Labor Code (comp benefits) to be provided to employees through the group accident and health plan. Requires employee contributions to the group health plan to exclude any portion of the premiums allocated to the provision of workers’ compensation medical benefits. Requires a packaged policy to pay for medical examinations required by Chapter 408 from the workers’ compensation policy. Does not affect the exclusive remedy. Bars a health care provider from pursuing a private claim against a workers’ compensation claimant covered by a package plan, except to the extent permitted by § 413.042, Labor Code. Grants rulemaking authority to the commissioner of insurance. Received in Senate on 5/8.

HB 471 by Patterson (R-Frisco): Requires a municipality or county to provide to a firefighter, police officer, or EMS personnel a fully paid leave of absence for an illness or injury related to the person’s line of duty for a period commensurate with the nature of the injury or illness and, if necessary, for at least one year up to one year. If after a year the person’s leave is not extended or the person’s salary falls below 60% of the person’s regular monthly salary, and the person is a member of a retirement system with pension disability benefits, the person becomes eligible to receive pension disability retirement benefits until return to duty. Provides that a first responder temporarily disabled by an injury or illness not related to the person’s line of duty may use accumulated sick leave, vacation time, and other accrued benefits before the person may be placed on temporary leave or may have another first responder do the person’s job while the person is disabled. Allows a return to light duty for at least one year following a temporary disability and requires reinstatement to the same rank and seniority as the person had before the temporary disability. Amends § 415.021(c-2), Labor Code, to direct the commissioner, in determining whether to assess an administrative penalty against an insurance carrier for failure to provide notice, whether the employee or a person residing with the employee promptly and accurately responded to the carrier’s inquiry regarding the use of cigarettes, e-cigarettes, or tobacco products by the employee or person residing with the employee. Further amends Chapter 408, Labor Code, to add the following to the conditions for which lifetime income benefits are paid to an injured employee: (1) permanent major neurocognitive disorder or psychotic disorder; (2) third degree burns the majority of both feet, one hand and one foot, one hand or one foot and the face; or (3) a serious bodily injury sustained by the employee in the course and scope of the person’s employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work. Amends §607.052(b), Government Code, to except from the presumption that certain diseases are occupational for first responders the responder’s or person regularly residing with the first responder the responder’s spouse’s use of tobacco product regularly in the seven an average of four or more times per week during any six-month period in the five years preceding the diagnosis of the disease or illness. Amends §607.056, Government Code, to expand the presumption that a heart attack or stroke suffered by a first responder during the course and scope of employment to no longer require the stressful or strenuous physical activity to be “nonroutine” (including a training exercise) or the heart attack or stroke to have occurred while the first responder were engaging in the stressful activity (now must be no later than 8 24 hours after the end of a shift in which the first responder engaged in the activity). Requires future collective bargaining agreements to incorporate these changes. HB 471 passed Senate on 5/19.

HB 790 by Patterson (R-Frisco): Adds § 408.0042, Labor Code, provide that on request of an injured employee who is a custodial officer, detention officer, emergency medical technician, fire fighter, or peace officer the division may authorize the performance of a medical examination to define the compensable injury, regardless of whether an examination was previously performed. Amends § 408.0041, Labor Code, to require the first request of the carrier, injured employee, or DWC for an examination by a designated doctor to include a request to the designated doctor to provide an opinion of the extent of the compensable injury. Amends § 409.021, Labor Code, to require the carrier contesting a claim to notify the injured employee and DWC of the specific reasons for the contest, including any disputes in the cause of the injury, the extent of the injury, or the treatment. Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not comply with the 15-day written notice of injury requirement (applies only to first responders and custodial officers under § 607.051, Government Code). Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not contest or deny the extent of a compensable injury in writing by the 60^TH day after which the carrier had notice of the claimed injury (applies to all injured workers). Adds § 409.022(c-2), Labor Code, to require a carrier’s notice of refusal to pay benefits to an injured employee who is a custodial officer, detention officer, emergency medical technician, fire fighter, or peace officer to state the specific reasons for disputing compensability or extent of the injury and describing the evidence on which it made the determination. Adds § 410.0055, Labor Code, to require the DWC to conduct a contested case hearing by videoconference at the request of an injured employee who is a custodial officer, detention officer, emergency medical technician, fire fighter, or peace officer or his or her attorney. Adds § 417.005, Labor Code, to make the carrier liable for the injured worker’s reasonable and necessary medical expenses if the carrier denies a claim that is later found to be compensable in an administrative hearing and the decision was not appealed to the appeals panel and has become final. Amends § 410.156, Labor Code, to allow a party or witness to appear at an administrative hearing remotely if good cause exists and to allow an attorney who represents a party in a contested case hearing to appear remotely (no good cause requirement). Referred to Senate Business and Commerce on 4/26.

HB 2314 by Canales (D-Edinburg): Amends § 408.182(d-2), Labor Code, to allow a parent to file a claim for death benefits directly with the insurance carrier. Amends § 409.007, Labor Code, to provide that if a person files a death benefits claim with an insurance carrier, the carrier must at the time of receiving the claim create and maintain a record documenting receipt of the claim and provide written notice to the division that the person filed the claim. Placed on Senate Intent on 5/19.

HB 2317 by Canales (D-Edinburg): Amends § 607.052, Government Code, with respect to the cancer presumption, to limit the exception for tobacco use to the five years preceding the diagnosis of the cancer and to expand coverage of the exception to detention officers. Amends § 607.056, Government Code, to add detention officers to the presumption for acute myocardial infarction or stroke, to make the presumption apply to routine activity and activity involving law enforcement and supervision of inmates, to apply the presumption to exposures to smoke, fumes, or toxic substances, and to extend the scope of the presumption up to 72 hours after the end of the person’s shift. Referred to Senate Business & Commerce on 5/5.

HB 2468 by Burrows (R-Lubbock)/SB 1033 by Perry (R-Lubbock): Amends § 408.161(a), Labor Code, to add to the list of conditions for which lifetime income benefits are paid: a permanent major neurocognitive disorder or psychotic disorder; third degree burns on both feet, one hand and one foot, or one hand or one foot and the face; or a serious bodily injury sustained by the employee in the course and scope of employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work. Provides for an acceleration of a contested case hearing for a first responder. Requires an employee receiving LIBs to annually certify to the carrier that the employee was not employed in any capacity in the preceding year. Allows the carrier to suspend LIBs if the employee fails to certify or the employee is employed, absent good cause. HB 2468 passed Senate on 5/17.

HB 2534 by Turner (D-Arlington): Adds § 410.008, Labor Code, to exempt from disclosure under the Open Records Act the notes and electronic communications of an ALJ or appeals judge conducting a contested case hearing or appeal, drafts of a decision, and drafts of an order. Referred to Senate Business & Commerce on 5/9.

HB 2702 by Guillen (R-Rio Grande City)/SB 1793 by Menendez (D-San Antonio): Adds § 408.00411, Labor Code, to direct the commissioner of insurance to adjust for inflation the amounts required to be paid by an insurance carrier for a medical examination and the fee for failure of the injured worker to appear for a scheduled medical examination. HB 2702 heard in Senate Business & Commerce on 5/12.

HB 2926 by Turner (D-Arlington): Adds § 607.05451, Government Code, to require an insurance carrier to reprocess a claim by a public safety employee denied before June 14, 2021 for benefits related to severe acute respiratory syndrome coronavirus or coronavirus disease 2019. Requires the claim to be reprocessed not later than October 31, 2023. Requires the carrier, if denying the claim, to provide information on the process for disputing the denial. Sunsets this section on December 31, 2023. Amends § 409.0092, Labor Code, to permit an injured public safety employee’s beneficiary to request reimbursement for health care expenses paid by the beneficiary. Authorizes the beneficiary to seek medical dispute resolution. Eliminates the September 1, 2023 expiration date for § 409.0092. Makes an insurance carrier liable for an administrative violation of the carrier misrepresents a provision of Subchapter B, Chapter 607, Government Code (Diseases or illnesses suffered by detention officers, custodial officers, firefighters, peace officers, and emergency medical technicians), fails to apply a statutory presumption under that statute, or denies a claim under that statute without obtaining an opinion from a medical expert. Referred to Senate Business & Commerce 5/4.

HB 3335 by Canales (D-Edinburg): Amends § 401.206, Labor Code, relating to considering travel to an emergency call as within the course and scope of employment for emergency response personnel. Adds peace officers to the list of personnel and includes travel from the emergency call in the course and scope. Voted favorably from Senate Business & Commerce on 5/19.

HB 4214 by Isaac: Authorized DWC to conduct a contested case hearing by remote means on mutual agreement of the parties. Received in Senate on 5/8.

HB 4859 by Shine (R-Temple)/SB 2269 by Perry (R-Lubbock): Winds down the Texas self-insurance group guaranty fund and trust fund under the Texas Workers’ Compensation Act. SB 2269 passed House on 5/19.

SB 1776 by Alvarado (D-Houston)/HB 4147 by Thompson (D-Houston): Adds §§ 502.026 and 502.014, Labor Code, to provide that PTSD suffered by a first responder is a compensable injury if it is based on a diagnosis that the disorder is caused by one or more events occurring in the course and scope and the preponderance of evidence indicates that the event or events were the producing cause of the disorder. Dates the occurrence of the injury on the date the responder knew or should have known that the disorder may be related to the responder’s employment. Adds § 503.026, Labor Code, to make the same change. HB 4147 referred to Senate Business & Commerce on 5/9.

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EMINENT DOMAIN

HB 376 by Rogers (R-Graford): Amends § 402.031, Government Code, to require the landowner bill of rights to notify the property owner of the owner’s right to submit to the appraisal district a report of decreased value for the owner’s remaining property after the taking. Must include the comptroller’s decrease of value form. Referred to Senate State Affairs 5/4.

SB 1481 by Creighton (R-Conroe): Gives the Facilities Commission the power of eminent domain for purposes of acquiring real property for the construction of a border wall. Placed on Senate Intent on 5/19.

SB 1512 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. Referred to House Land & Resource Management 4/28.

SB 1513 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. Referred to House Land & Resource Mgmt 4/28.

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CIVIL RIGHTS

HB 567 by Bowers (D-Dallas)/SB 1356 by Miles (D-Houston): Prohibits a student dress or grooming policy adopted by a school district or institution of higher education from discriminating against a hair texture or protective hair style commonly or historically associated with race. Prohibits an employer, labor union, or employment agency from doing the same. Prohibits a seller or lessor of residential real property from doing the same. HB 567 sent to Governor on 5/16.

HB 2600 by Frazier (R-McKinney): Bars a law enforcement agency from terminating the employment of a peace officer solely because the officer has sought or received mental health care. Heard in Senate Criminal Jurisprudence on 5/19.

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COURT RECORDS, FILING FEES, COSTS

HB 525 by Vasut (R-Angleton): Requires a statutory county court, district court, or appellate court to deliver through the electronic filing system in which the system is required or authorized all court orders the court enters in the case. Referred to Senate Jurisprudence on 5/9

SB 569 by Springer (R-Muenster)/HB 2331 by Stucky (R-Wichita Falls): Amends § 22/004. CPRC, to authorize a municipality to impose a fee for the production or certification of a record under a subpoena, request for production, or other instrument related to a matter in which the municipality is not a party. SB 569 sent to Governor on 5/9.

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JUDICIAL MATTERS, ADMINISTRATION

HB 19 by Murr (R-Junction)/SB 27 by Hughes (R-Tyler):

As amended on the House floor, the jurisdiction of the business court was narrowed and broken down into two tiers:

Tier 1 gives the business court concurrent jurisdiction with district courts in the following actions in which the amount in controversy exceeds $5 million:

a derivative proceeding;
an action regarding the governance, governing documents, or internal affairs of an organization;
an action in which a claim under state or federal securities or trade regulation law is asserted against an organization, a controlling person or managerial official of an organization for an act or omission by the organization or by the person in the person’s capacity as a controlling person or managerial official, an underwriter of securities issued by the organization, or an auditor of an organization;
an action by an organization against an owner, controlling person, or managerial official of the organization, if the action is brought against an owner, controlling, or managerial official of the organization and alleges an act or omission by the person in the person’s capacity as an owner, controlling person, or managerial official of the organization;
an action alleging that an owner, controlling person, or managerial official breached a duty owed to an organization or an owner of an organization by reason of the person’s status as an owner, controlling person, or managerial official, including the breach of a duty of loyalty or good faith;
an action seeking to hold an owner or governing person of an organization liable for an obligation of the organization, other than on account of a written contract signed by the person to be held liable in a capacity other than as an owner or governing person; and
an action arising out of the Business Organizations Code.

Tier 2 gives the business court concurrent jurisdiction with district courts in the following actions in which the amount in controversy exceeds $10 million:

an action arising out of a qualified transaction;
an action arising out of a contract or transaction agreed in the contract or a subsequent agreement that the business court has jurisdiction of the action; and
an action arising out of a violation of the Finance Code or Business & Commerce Code by an organization or an officer or governing person acting on behalf of an organization other than a bank, credit union, or savings and loan association.

The business court has concurrent jurisdiction with district courts in Chapter 37, CPRC, dec actions involving a dispute based on a claim within the court’s jurisdiction, as outlined above.
The business court has supplemental jurisdiction over any other claim related to a case or controversy within the court’s jurisdiction that “forms part of the same case or controversy,” but a supplemental claim can only proceed in the business court with the agreement of the parties and the business court judge. If the parties do not agree, the other claim will proceed in the court of original jurisdiction concurrently with the claim proceeding in the business court.
1. Unless the claim is within the supplemental jurisdiction of the business court and the parties agree to proceed with the claim in the business court, the following claims are not within the jurisdiction of the court:
2. a civil action brought by or against a governmental entity or to foreclose a lien on real or personal property;
3. a claim arising out of Subchapter E, Chapter 15, and Chapter 17, Business & Commerce Code (covenants not to compete and DTPA);
4. a claim arising out of the Estates Code;
5. a claim arising out of the Family Code;
6. a claim arising out of the Insurance Code; and
7. a claim arising out of Chapter 53 and Title 9, Property Code (mechanic’s liens and Texas Trust Code);
8. a claim arising out of the production or sale of a farm product;
9. a claim related to the duties and obligations under an insurance policy;
10. a claim related to a consumer transaction, as defined by § 601.001, Business & Commerce Code (consumer right to cancel certain transactions), to which the consumer is a party, arising out of a violation of state or federal law.
The business court does not have jurisdiction of a claim under Chapter 74, CPRC (health care liability), a personal injury claim, or a claim for legal malpractice.
The business court is composed of 11 divisions corresponding with the 11 administrative judicial regions. The bill was amended to specify the establishment of each division, but some divisions will sunset on September 1, 2026, unless reauthorized by the legislature and funded through additional legislative appropriations. The following divisions are subject to the sunset provision:

The Second Business Court Division (East Texas, based in Conroe);
The Fifth Business Court Division (Corpus Christi and the Rio Grande Valley);
The Sixth Business Court Division (Hill Country and southwest Texas);
The Seventh Business Court Division (West Texas);
The Ninth Business Court Division (Panhandle); andThe Tenth Business Court Division (Northeast Texas).

The amendments changed the venue provision to the require the business court to assign the action to a county of proper venue located in that division. The amendment permits contractual venue.
The amendments further provide that the business court may not transfer an action if there is not an operating division of the court that includes an action of proper venue. In that event, the party who filed the action has the option to transfer the action to a district court or county court at law in a county of proper venue (this provision will presumably become operative if the Legislature does not reauthorize the six divisions that sunset after next session).
Similarly, the amendments provide that a party may not remove to a business court an action filed in a district court or county court at law in a county of proper venue that is not within an operating division of the court.
The amendments allow the parties to file an agreed notice of removal to the business court at any time during the pendency of the action. If the parties do not agree, a notice of removal must be filed not later than 30 days after the party requesting removal discovered or reasonably should have discovered facts establishing the business court’s jurisdiction over the action, or not later than 30 days after the date a pending application for temporary injunction is granted, denied, or denied as a matter of law.
The amendment clarifies that a hearing must be held on the transfer request.
The amendments strike the provision that a law professor is qualified to serve as a business court judge.
The amendments direct the governor to appoint two judges to each of the First (Dallas), Third (Austin), Fourth (San Antonio), and Eleventh (Houston) Divisions, and one judge to each of the remaining divisions. Senate confirmation is required. Judges serve two-year terms and may be reappointed.
The amendment bars a business court judge from requiring a party or attorney to remotely attend a court proceeding in which oral testimony is heard, absent good cause or agreement of the parties. It further prohibits an attorney, party, or juror to attend a jury trial remotely without the parties’ consent.

The bill further:

gives the proposed statewide 15^th Court of Appeals exclusive jurisdiction over appeals;
requires a business court judge to be at least 35 years of age, a U.S citizens, a Texas resident for two years preceding appointment, a Texas licensed attorney with at least 10 years of experience in Texas in practicing complex business litigation or business transaction law, teaching complex business litigation or business transaction law at an accredited Texas law school, or serving as a judge of a Texas civil court (or any combination of the above);
provides a salary equal to the sum of a district judge’s salary and the maximum amount of county contributions and supplements allowed by law to be paid to a district judge;
provides for filling vacancies, compensation, and removal;
bars a business court judge from private practice while in office;
provides for the appointment of visiting judges by the chief justice of the supreme court;

provides that a party has a right to a jury trial where required by the constitution in the county in which venue is proper under § 15.002, CPRC, or, if the case was removed to the business court, in the county in which the case was originally filed;
requires a jury trial in a case filed initially in business court to be held in any county of proper venue under § 15.002, as chosen by the plaintiff;
allows the parties to agree to hold a jury trial in another county;
requires written opinions unless the court has a well-developed body of law on the issue, is applying its own precedent, or another opinion on the issue will not significantly contribute to the development of the law;
provides for the central administration of the business court in Travis County, with judges maintaining chambers in the county seat of their county of residence
allows judges to hold court at any location in the state, as the court determines is necessary or convenient;
allows parties to appear by remote proceedings;
authorizes the business court to set filing fees;
authorizes rulemaking;
sets January 1, 2024 2025 as the commencement date for the court.

HB 19 passed Senate on 5/12.

HB 103 by Murr (R-Junction)/SB 2491 by Sparks (R-Midland): Allows a county judge to appoint a person who served as an active judge for at least 96 months in a constitutional county court or a licensed attorney who served at least 48 months in a constitutional county court to sit in docketed matters before the court if the judge is absent or incapacitated. HB 103 placed on Senate Intent on 5/19.

HB 367 by Jetton (R-Richmond): Allows the Judicial Conduct Commission to accept complaints, conduct investigations, and take any other action with respect to a candidate for judicial office (subject to Chapter 253, Election Code) in the same manner as a judge. Sent to Governor on 5/16.

HB 438 by Schofield (R-Katy): Provides for indexing of a district judge’s base salary by the CPI for the two preceding state fiscal years. Referred to Senate Finance 5/4.

HB 841 by Ordaz (D-El Paso): Requires the Office of Court Administration to include case-level information on the amount and character of the business transacted by courts in its judicial statistics and other information about the courts. Passed Senate on 5/17.

HB 1841 by Walle (D-Houston): Adds § 71.0354, Government Code, to a require a justice court to report monthly to the Texas Judicial Council each case involving a landlord-tenant dispute in the following categories: eviction suits, disconnection of utilities suits, repair and remedy suits, security deposit suits, unlawful lockout suits, suits involving the provision of security and safety devices, and any other category of suit brought under Title 8, Property Code, and designated by the council. Requires the OCA to publish and make searchable on its website information about landlord-tenant disputes in justice courts, including the court in which the suit was filed, whether any legal counsel or agent is representing the plaintiff or the defendant, and the disposition of the case. Referred to Senate Business & Commerce on 5/15.

HB 1985 by Vasut (R-Angleton): Entitles full-time associate judges of district courts to an annual state salary. Referred to Senate Finance on 5/9.

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. Voted favorably as substituted from Senate Jurisprudence 5/17.

HB 3115 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. Referred to Senate State Affairs 4/20.

HB 3386 by Cook (R-Mansfield): Provides that the 213^TH District Court of Tarrant County give preference to criminal cases. Provides that the 432^ND and 485^TH District Courts of Tarrant County have concurrent jurisdiction with the county criminal courts in misdemeanor cases. Referred to Senate Jurisprudence on 5/16.

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. Voted favorably as substituted from Senate State Affairs on 5/17.

SB 21 by Huffman (R-Houston)/HB 5008 by Toth (R-The Woodlands): 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 120^TH 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. SB 21 reported favorably as substituted from House Judiciary 5/18.

SB 372 by Huffman (R-Houston)/HB 1741 by Leach (R-Plano): Creates a criminal offense (Class A misdemeanor) if a person knowingly discloses the contents of any non-public judicial work product to a person who is not a justice, judge, court staff attorney, court clerk, law clerk, or other court staff routinely involved in crafting an opinion or decision for an adjudicatory proceeding. Provides a defense from prosecution if the disclosure is authorized in writing by the judge or justice for whom the work product is prepared or under supreme court rules. SB 372 passed House on 5/19.

SB 930 by Middleton (R-Galveston): Prohibits a court from issuing a per curiam opinion. SB 930 voted favorably from House Judiciary on 5/17.

SB 1045 by Huffman (R-Houston)/HB 3166 by Murr (R-Junction): Establishes the 15^TH Court of Appeals district composed of all counties in the state based in Austin and consisting of a chief justice and four justices. Provides that for the first three years after the court’s creation, the court will consist of a chief justice and two justices. Gives the court exclusive jurisdiction over matters brought by or against the state or state agency and employees thereof except for: (1) a proceeding brought under the Family Code; (2) certain proceedings under the Code of Criminal Procedure; (3) a proceeding brought against a district or county attorney with criminal jurisdiction; (4) a proceeding relating to a mental health commitment; (5) a proceeding relating to civil asset forfeiture; (6) a condemnation proceeding; (7) a proceeding brought under Chapter 125, CPRC, to enjoin a common nuisance; (8) a proceeding under Chapter 55, Code of Criminal Procedure (expunction); (9) a proceeding under Chapter 22A, Government Code (3-judge district court); (10) a proceeding under Subchapter E-1, Chapter 411, Government Code; (11) a proceeding under Chapter 21, Labor Code (unfair employment practices); (12) a removal action under Chapter 87, Local Government Code; (14) a proceeding under Chapter 841, Health and Safety Code (sexually violent predators) (15) an action under Chapter 101, CPRC (Tort Claims Act); and (15) a claim for personal injury or wrongful death. Further gives the court exclusive jurisdiction over matters in which a party to the proceeding challenges the constitutionality or validity of a state statute or rule and the attorney general is a party and any other matter as provided by law. Provides that the supreme court may not transfer cases out of the 15^TH Court of Appeals for docket equalization purposes or transfer cases to that court if it does not have exclusive jurisdiction. Attaches administration of the court to the Office of Court Administration. Requires OCA to report annually on the number and types of cases decided by the court. SB 1045 passed House on 5/19.

SB 1245 by Huffman (R-Houston)/HB 3367 by Bonnen (R-Friendswood): Allows judicial retiree to rejoin the system if the retiree resumes judicial service and has been separated from judicial service for at least one year. Makes prospective changes to the Judicial Retirement System Plan Two to allow judges who took office after September 1, 2024, and who were not already members of the system to apply for a cash balance annuity based on certain age and service requirements. SB 1245 set on Senate Items Eligible Calendar on 5/19.

SB 1259 by Creighton (R-Conroe)/HB 2381 by Vasut (R-Angleton): Amends § 92.0563, Property Code, to raise the amount of a judgment that may be awarded by a justice court, including an order for repair of residential real property, from $10,000 to $20,000. SB 1259 sent to Governor on 5/12.

SB 1301 by Hughes (R-Tyler)/HB 4540 by Longoria (D-Mission): Directs ERS to recompute the annuities of judges who retired before September 1, 2019 as if the retiree’s salary on the date of retirement was that of a judge or justice who has eight years and one day of service as of September 1, 2019 and is of the same classification as the last court to which the retiree was elected or appointed. HB 4540 referred to Senate Finance on 5/12.

SB 1462 by Hughes (R-Tyler)/HB 3474 by Leach (R-Allen): The omnibus court bill. The bill:

Entitles an appellate justice engaged in the discharge of official duties in a county other than the justice’s county of residence is entitled to reimbursement of traveling and other expenses. Entitles appellate justices to receive from the state the actual and necessary postage, telegraph, and telephone expenses incurred in the discharge of official duties.
Creates new district courts in Denton, Collin (2 courts, one civil, one family law), Bastrop, and Brazos Counties.
Adds district, criminal district, or county attorneys to the state base salary calculation for judges and justices.
Expands jurisdiction of the Grayson County county court at law to include concurrent jurisdiction with the district court in family law cases.
Converts Montgomery County Court at Law No. 2 to a statutory probate court and gives it jurisdiction over eminent domain proceedings. Allows remote proceedings without the consent of the parties.
Creates a second statutory probate court in Travis County for mental health matters.
Creates a new county court at law in Waller County.
Creates a second multicounty court at law for Bee, Live Oak, and McMullen Counties.
Requires JPs to report annually to the Ethics Commission the total amount of fees, commissions, and payments received during the year.
Raises the jurisdictional limit for justice courts from $10,000 to $20,000.
Authorizes the Grayson County commissioners court to allow the district and statutory county court judges to appoint part-time or full-time criminal magistrates.
Specifies the reasons for which an administrative region presiding judge may appoint a visiting associate judge.
Exempts a county official or employee while transacting county business from paying fees for the issuance of transcripts if the county maintains court reporting equipment for the court.
Exempts a party from providing or paying for an interpreter unless another party contests a statement of inability to afford payment and the court orders the party to pay the costs.

HB 3474 placed on Senate Intent on 5/19.

SB 2106 by Zaffirini (D-Laredo): Amends § 152.203, Government Code, to authorize SCOTX to adopt rules on an applicant’s ineligibility for renewing a certification, registration, or licensing by the Judicial Branch Certification Commission, including for failure to comply with commission orders or timely pay fees or administrative penalties. Amends § 153.004, Government Code, to require the commission to determine the severity of an administrative penalty based upon enumerated factors. Passed House on 5/19.

SB 2275 by Hughes (R-Tyler): Repeals § 22.004(c), Government Code, which requires SCOTX to file with the secretary of state, at the time the court files a rule, a list of each article or section of general law or each part of an article or section that is repealed or modified in any way. Passed House on 5/19.

SB 2292 by Zaffirini (D-Laredo): Raises the personal bond required of a judge presiding in the court over guardianship proceedings to $500,000. Voted favorably from House Judiciary on 5/17.

SJR 40 by Hinojosa (D-Edinburg)/HJR 107 by Price: Amends § 1-a(1), Article V, Texas Constitution, to raise the mandatory retirement age for judges from 75 to 79. Election date 11/7/23.

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JURY MATTERS

HB 2014 by Leach (R-Allen): Amends § 61.001(a), Government Code, to raise juror reimbursement from $6 to $20 for the first day and from $40 to $58 for each day thereafter. Referred to Senate Jurisprudence 5/4.

HB 2015 by Leach (R-Allen): Amends § 62.106(a), Government Code, to raise the minimum age for a jury exemption from 70 to 75. Sent to Governor on 5/15.

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ATTORNEY’S FEES

HB 4142 by Thompson (R-Pearland): Mandates an award of attorney’s fees to a prevailing party in an action to enforce a motor vehicle mortgagee’s lien. Placed on Senate Intent on 5/19.

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PRACTICE OF LAW

HB 1915 by Hefner (R-Mt. Pleasant)/SB 604 by King (R-Weatherford): Amends § 954.001, Occupations Code, to define “land services” provided by certified landmen for purposes of the exception to the unauthorized practice of law. Specifies the services performed by landmen to negotiating conveyances, exploration agreements, real property research to ascertain ownership, reviewing the status of title, curing title defects, doing due diligence, managing rights or obligations derived from ownership of interests, or using or pooling mineral interests or rights. SB 604 sent to Governor on 5/12.

HB 5010 by Schofield (R-Katy)/SB 2462 by Hall (R-Edgewood): Amends § 81.073, Government Code, to require the SBOT chief disciplinary officer to classify complaints based on whether the complaint is submitted by a person who has cognizable individual interest in or connection to the legal matter or facts alleged in the grievance. Allows an attorney against whom the complaint is filed to appeal the classification of the grievance. HB 5010 placed on Senate Intent on 5/19.

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PROBATE MATTERS

HB 251 by Murr (R-Junction): Authorizes a statutory probate judge assigned on a party’s motion to hear a contested matter to order the estate and the parties to the proceeding to reimburse the county for the expenses of conducting the proceeding. Referred to Senate Jurisprudence on 5/15.

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ADMINISTRATIVE PROCEDURES

HB 981 by Lopez (D-San Antonio)/SB 813 by Miles (D-Houston): Amends § 7.060, Water Code, to require TCEQ to send notice of a penalty to the state representative and senator representing the location where the violation occurred. Amends § 7.075(a), Water Code, to require TCEQ to send notice of a proposed administrative order or agreement to settle an enforcement action to the state representative and senator representing the location where the violation occurred. SB 813 recommended for House Local on 5/16.

HB 4083 by Goldman (R-Fort Worth): Amends § 552.144, Government Code, to exempt from open records working papers and electronic communications of a technical examiner or administrative law judge at the Railroad Commission. Referred to Senate Business & Commerce on 5/16.

SB 506 by Perry (R-Lubbock): Adds § 2001.008, Government Code, to bar a state agency from adopting a rule that imposes a fee or a tax on items, services, privilege, or transaction without explicit authority granted by the legislature. Referred to House State Affairs 4/24.

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