TCJL Tracked Bill List 3-7-25

TCJL Tracked Bill List

March 7, 2025

 

New bills are in red. This list is current through Thursday, March 6, 2025.

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

 

 

TCJL PRIORITY BILLS

 

SB 1399 by Perry (R-Lubbock)/HB 3156 by Darby (R-San Angelo):

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

SB 1339 referred to Senate Natural Resources on 3/6.

 

SB 779 by Middleton (R-Galveston)/HB 3964 by Vasut (R-Angleton): Adds Chapter 100C, Civil Practice & Remedies Code, to limit actions for damages or other relief based on common law public nuisance, whether asserted as a cause of action or an injury. Provides that a public nuisance claim is not cognizable if it seeks relief arising from: (1) an action authorized, licensed, approved, or mandated by law or by the federal, state, or local government; (2) an action or condition in which a statutory or administrative enforcement mechanism already exists to address the alleged condition; or (3) a product liability claim. Provides that the aggregation of private nuisance claims does not give rise to a public nuisance claim. Provides that in the event of a conflict with common law, the statute controls. Referred to Senate State Affairs on 2/7.

 

 

New Causes of Action/Legal Duties

 

HB 167 by Tepper (R-Lubbock): Creates a new no-injury cause of action against a governmental entity for requiring DEI training. Authorizes an employee of a state or local governmental entity or an individual within the jurisdiction of a governmental entity to bring an action for declaratory and injunctive relief, costs, and reasonable attorney’s fees. Waives sovereign immunity. Forbids consideration of a person’s race, color, ethnicity, sex, gender identity, or sexual orientation in awarding a contract or giving preferential treatment to a bid for a contract. Removes various statutory references to minorities and women with respect to historically underutilized businesses and limits HUB programs to veterans. Referred to House State Affairs on 2/27.

 

HB 186 by Patterson (R-Frisco): Prohibits an individual younger than 18 from entering into a contract with a social media platform to become an account holder and requires a platform to verify the age of applicants for accounts using a commercially reasonable method. Requires a platform to delete a child’s account not later than 10 days after receiving a request from a parent or guardian. Provides that a knowing violation of the statute constitutes a deceptive trade practice under Ch. 17, Business & Commerce Code, and subject to action by the attorney general office’s consumer protection division. Referred to House Trade, Workforce, Eco Devo on 2/27.

 

HB 270 by Rosenthal (D-Houston): Adds Chapter 100B, CPRC, to impose a $250 penalty on a person who makes a false report to a law enforcement agency or an emergency service provider with the intent that action be taken against a falsely accused person. Awards attorney’s fees and costs to the prevailing party. Referred to House JCJ on 2/27.

 

HB 436 by Leo Wilson (R-Galveston): Creates a cause of action by a person not awarded a contract or has a contract terminated by a governmental entity based on DEI. Referred to House State Affairs on 2/28.

 

HB 495 by Patterson (R-Frisco): Amends § 17.46(b), Business & Commerce Code, to make it a deceptive trade practice to knowingly offering an animal for sale that the seller knows is sick without disclosing the existence and extent of the sickness. Referred to House Committee on Trade on 2/28.

 

HB 499 by M. Gonzalez (D-El Paso): Requires a social media platform to post a warning label on its landing pages concerning the association between a minor’s use of social media and mental health. Requires the platform to prevent the user from accessing the platform until it verifies that the user understands the warning. Referred to House Public Health on 2/28.

 

HB 501 by Rosenthal (D-Houston): Adds Chapter 375, Health & Safety Code, to prohibit a manufacturer, wholesaler, supplier, or retailer of disposable flushable wipes from advertising the product if it doesn’t disintegrate or dissolve immediately in water. Imposes a civil penalty for violations of $1,000 for the first violation; $1,000 to $5,000 for the second; and $5,000 to $10,000 for the third and subsequent violations. Enforceable by the attorney general in an action for equitable relief, civil penalties, costs, and attorney’s fees. Provides that the attorney general may seek an injunction prohibiting a violator from selling the product after a third or subsequent violation. Referred to House Environmental Reg on 3/3.

 

HB 575 by Rosenthal (D-Houston): Directs the Railroad Commission to adopt rules requiring a gas supply chain facility to implement weather emergency preparedness measures recommended by the commission. Imposes an administrative penalty for violations of $100 to $1,000 for the first violation; $1,000 to $50,000 for a second violation; and $50,000 to $1 million for a third or subsequent violation. Referred to House Energy Resources on 3/3.

 

HB 581 by Gonzalez (D-El Paso): Requires a commercial entity that operates an internet website with a publicly accessible tool for creating artificial sexual material harmful to minors to use reasonable age verification measures to ensure that users are at least 18 years of age. Further requires the entity to obtain informed consent from an individual 18 years or older if the individual is used as the source of the material. Adds a violation of the statute to the existing civil penalty authority under § 129B.006, CPRC ($10,000 per day for operation; $10,000 for retaining identifying information; $250,000 if a minor accesses sexually harmful material as a result of a violation of the age verification requirement). Referred to House JCJ on 3/3.

 

HB 715 by Bernal (D-San Antonio): Adds Chapter 100B, Civil Practice and Remedies Code, to prohibit discrimination in public accommodations against a person because of sexual orientation or gender identity. Creates a cause of action for actual and punitive damages, attorney’s fees, court costs, and equitable relief. Also applies to a contractor or subcontractor that contracts with the state. Amends Chapter 21, Labor Code, to make it an unlawful employment practice to discriminate against a person because of sexual orientation or gender identity. Amends Chapter 301, Property Code, to prohibit a person from discriminating against a person because of sexual orientation or gender identity in the sale or rental of property. Referred to House State Affairs on 3/4.

 

HB 783 by Lalani (D-Sugar Land): Adds Chapter 98C, CPRC, to create a private cause of action for online impersonation with the intent to harm, defraud, intimidate, or threaten another person. Authorizes recovery of actual damages (including the impersonator’s profits), punitive damages of $500, costs, and attorney’s fees. Referred to House JCJ on 3/4.

 

HB 822 by Reynolds (D-Missouri City): Establishes a mandatory paid sick leave program for all employers. Imposes administrative and civil penalties on employers for violations. Creates a cause of action for violations. Allows an aggrieved employee to recover actual damages and authorizes a court to award attorney’s fees, expert witness fees, and other costs. Referred to House Subcommittee on Workforce on 3/4.

 

HB 862 by Harrison (R-Midlothian): Makes it a deceptive trade practice under Chapter 17, Business & Commerce Code, to use the term “zero emissions” in labeling, marketing, or selling a product if greenhouse gas emission are in any way produced by the product, generated by the manufacture of the product, or used in recharging the products battery. Referred to House Trade, Workforce, Eco Devo on 3/5.

 

HB 863 by Lalani (D-Sugar Land): Requires senior independent living communities to adopt and implement health and safety plans. Requires the installment and maintenance of emergency power generators. Prohibits a senior independent living community from preventing, inhibiting, or penalizing a resident for speaking to family members, social workers, law enforcement officers, or other interested persons about the health and safety of the facility. Likewise prohibits the community from preventing or inhibiting a law enforcement officer, court officer, social worker, family member, or other interested person from interviewing a resident in a common area. Enforcement by the attorney general for a civil penalty of $1,000 per violation per day. Referred to House Human Services on 3/5.

 

HB 909 by Thompson (D-Houston): Adds Chapter 117, CPRC, to impose liability on a public entity for the actions of the entity’s peace officers if the act or omission occurs under color of law. Creates a cause of action against a public entity on the basis that a public entity’s peace officer deprived the individual of or caused the individual to be deprived of a right, privilege, or immunity under the state or federal constitution. Provides that the court shall award attorney’s fees and costs to a prevailing claimant, including contingency fees. Imposes joint and several liability on defendants. Waives governmental immunity. Referred to House Homeland, Public Safety, Veterans on 3/6.

 

HB 921 by Cain (R-Houston): Amends § 143A.007, CPRC, to make a social media platform liable for up to $30,000 in statutory damages in a suit by a user based on censorship. Provides that caps on punitive damages do not apply. Referred to House JCJ on 3/6.

 

HB 989 by Toth (R-The Woodlands)/SB 505 by Bettencourt (R-Houston): Allows the Secretary of State to assess a $500 per violation against a local election official. Attorney general enforcement. SB 505 referred to Senate State Affairs on 2/3. SB 989 referred to House Elections on 3/6.

HB 1050 by Dorazio (R-San Antonio): Amends § 36.066, Water Code, to mandate the award of attorney’s fees and costs to the prevailing party in an action involving a groundwater conservation district (current law only allows the district to recover them).

HB 1111 by Reynolds (D-Missouri City): Adds Chapter 100B, CPRC, to create a private cause of action against a business or other entity for discrimination against an individual because of the individual’s sexual orientation or gender identity or expression. Allows a court to award actual and punitive damages, attorney’s fees, costs, and injunctive relief. Prohibits a contractor for the state from discriminating against an individual based on sexual orientation or gender identity or expression. Authorizes administrative penalties for violators.

 

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

 

HB 1164 by Gonzalez (D-Dallas)/SB 150 by Menendez (D-San Antonio)/: Adds Chapter 113, Business and Commerce Code, to prohibit a person from discriminating against any person because of race, color, disability, religion, sex, national origin, age, sexual orientation, or gender identity (or status as a military veteran) to full and equal accommodation in any place of public accommodation in the state. Establishes a complaint procedure at the Texas Workforce Commission. Allows a complainant to file a civil suit if the commission denies a complaint. Authorizes compensatory and punitive damages. Authorizes award of attorney’s fees to a prevailing party other than the commission. Provides trial de novo for a judicial proceeding. Provides for enforcement by the attorney general. Adds discrimination based on sexual orientation, gender identity, and status as a military veteran to unlawful employment practices parts of the Labor Code. SB 150 referred to Senate Economic Development on 2/3.

 

HB 1167 by Cunningham (D-Houston): Creates a cause of action against a judge or magistrate for the victim of a crime committed while a perpetrator was released on bail, if the judge or magistrate set bail at less than the minimum amount required by the statute or the person was bailed for an offense involving violence punishable as a second degree felony or higher. Caps damages at $10 million and waives immunity.

 

HB 1177 by Cunningham (R-Humble): Adds § 7.1425 to create a criminal offense for diverting or impounding the flow of surface water in a manner that damages the property of another by the overflow of the diverted water in violation of § 11.086(a). Establishes an affirmative defense for an actor who filled the mouth of a gully or slough up to the height of the banks of an adjoining river or creek.

 

HB 1228 by Gates (R-Houston): Requires municipalities to permit owners of residential buildings to commence repairs if necessary to protect public safety, prevent further damage to the building, or protect the structural integrity of the building, if the owner applies for an emergency permit. Creates a cause of action by the owner against the municipality for refusing to follow the statute. Authorizes recovery of economic damages, attorney’s fees, and costs. Waives sovereign immunity.

 

HB 1279 by Schoolcraft (R-Universal City): Prohibits public schools from teaching any form of critical race or critical gender theory. Creates a private cause of action for injunctive relief, attorney’s fees, and costs. Authorizes attorney general enforcement. Creates a criminal offense.

 

HB 1280 by Schoolcraft (R-): Creates a no-injury cause of action for injunctive relief, costs, and attorney’s fees against a governmental employer that violates the anti-discrimination standards established by the bill related to government practices, submissions, and training. Authorizes the attorney general to bring such an action. Creates a criminal offense.

 

HB 1281 by Olcott (R-Aledo): Authorizes a person to file a complaint with the attorney general against a governmental entity for adopting or enforcing a mandate of the World Health Organization, United Nations, or World Economic Forum. Attorney general enforcement with costs and attorney’s fees.

 

HB 1333 by Harrison (R-Midlothian)/SB 137 by Hall (R-Edgewood): Imposes a $25 civil penalty on a person who fails to pay two or more invoices for unpaid tolls. SB 137 referred to Senate Transportation on 2/3.

 

HB 1375 by Schatzline (R-Fort Worth): Adds Chapter 98C, CPRC, to impose civil liability against a defendant who engages in obscenity or knowingly or intentionally benefits from obscenity. Applies to information content providers and shareholders and members of business entities. Limits defenses. Authorizes recovery of actual damages, including mental anguish, costs, and attorney’s fees. Authorizes recovery of punitive damages. Imposes joint and several liability.

 

HB 1385 by Virdell (R-Brady): Requires a retailer of beef to display either on the package or in a display case the country of origin of the product. Imposes a civil penalty of $1,000 per day for violations. Enforceable by the attorney general.

 

HB 1403 by Harris (R-Palestine): Prohibits HHSC, Department of Protective Services, or a child-placing agency from inquiring about firearms present in the home. Imposes a civil penalty on a child-placing agency for violations in the amount of $5,000 per violation. Enforceable by the attorney general.

 

HB 1431 by Gerdes (R-Smithville)/SB 261 by Perry (R-Lubbock)/SB 822 by Middleton (R-Galveston): Prohibits a person from manufacturing, processing, possessing, distributing, offering for sale, or selling cell-cultured protein. SB 261 referred to Senate Water on 2/3. SB 822 referred to Senate Water on 2/13.

 

HB 1474 by Lalani (D-Sugar Land)/SB 566 by Cook (D-Houston): Prohibits a person from selling, offering for sale, or giving away a dietary supplement or over-the-counter weight-loss drug to an individual younger than age 18. Requires a retailer to ensure that supplements and weight-loss drugs are only accessible to the retailer’s employees and kept either behind the counter or in a locked case. Requires age verification. Requires age verification for online or remote sales. Imposes a civil penalty of up to $500 per violation enforceable by the attorney general with attorney’s fees and costs. SB 566 referred to Senate Health and Human on 2/3.

 

HB 1479 by Cain (R-Houston)/SB 306 by Perry (R-Perry): 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. SB 306 referred to Senate State Affairs on 2/3.

 

HB 1549 by Hickland (R-Belton): Prohibits a business from selling an obscene device unless the business is a sexually oriented business as assigned by § 243.002, Local Government Code. Enforcement by a county or district attorney for injunctive relief and civil penalty of $5,000 per violation, plus costs of investigation and prosecution.

HB 1601 by Rosenthal (D-Houston): Adds Chapter 100B, CPRC, to create a cause of action by an aggrieved person against a person who engages in a discriminatory practice based on the aggrieved person’s sexual orientation or gender identity or expression. Authorizes recovery of actual and exemplary damages, attorney’s fees, costs and equitable relief.

HB 1609 by VanDeaver (R-New Boston): Prohibits an employer with 20 or more employees for discriminating against an employee who is a volunteer first responder and who misses work because the employee is responding to an emergency in the employee’s capacity as a volunteer first responder. Creates a civil cause of action against the employer for lost wages and benefits and equitable relief.

HB 1619 by A. Johnson (D-Houston): Requires school buses with a model year of 2021 or later to be equipped with a crossing arm.

HB 1645 by Leo-Wilson (D-Galveston): Creates a new cause of action against campus police departments and local governmental entities for personal injury and death arising from criminal acts by illegal immigrants.

HB 1654 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.

HB 1812 by Patterson (R-Frisco): Creates a cause of action by a property owner against a homeowner’s association for failure to regulate and maintain common areas, including fixtures and personal property in the common area. Authorizes equitable relief and recovery of costs and attorney’s fees.

HB 1895 by Patterson (R-Frisco): Imposes an administrative penalty on an electric cooperative or municipally-owned utility seeking to expand a wind-powered generation facility for failing to obtain an FAA determination that the facility will not interfere with air traffic or a determination from the military that the facility will not have an adverse impact on military operations or preparedness.

HB 1910 by Schatzline (R-Fort Worth): Requires a city with a population of 100,000 or more to adopt an ordinance regulating panhandling on public property. Prohibits a city to adopt an ordinance or policy that discourages enforcement of an anti-panhandling ordinance. Attorney general enforcement against cities for violations. Awards attorney’s fees and costs to a prevailing party. Waives sovereign immunity.

HB 1937 by Craddick (R-Midland)/SB 266 by Perry (R-Lubbock): Adds § 112.1511, Tax Code, to allow a taxpayer to sue the comptroller and attorney general to dispute the results of a managed audit. SB 266 referred to Senate Finance on 2/3.

HB 1947 by Luther (R-Sherman): Amends § 424.001, Government Code (criminal offense and cause of action for destroying, impairing, or damaging a critical infrastructure facility), to add to the definition of “critical infrastructure facility” a semiconductor wafer manufacturing facility. Amends §§ 424.051(a), .052(a), .053(a), and .054(a)  to make it a criminal offense to “intentionally or knowingly disturb[] the physical environment, including increasing ground or subterranean vibrating levels, within 15 miles of a critical infrastructure facility and the disturbance damages or destroys the facility.” Amends § 424.055 to raise the penalty on corporate or association violators from $500,000 to $1 billion. Amends § 424.102 (civil liability of officers and directors) to add liability for an intentional or knowing disturbance under the sections cited above.

HB 1964 by Spiller (R-Jacksboro)/SB 1035 by Sparks (R-Midland): Creates a right of action against a political subdivision by a person aggrieved by an alleged violation in enforcing a state requirement. Authorizes declaratory and injunctive relief with costs and attorney’s fees. SB 1035 referred to Senate Water on 2/24.

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

HB 2004 by Toth (R-The Woodlands): Amends § 22.0511(a), Education Code, to impose civil liability on a professional employee of a school district for the commission of a sexual offense against a student.

HB 2022 by Meyer (R-Dallas)/SB 1167 by Paxton (R-McKinney): Amends § 16.0046, Civil Practice & Remedies Code, to eliminate the statute of limitations for a personal injury action arising from enumerated Penal Code violations pertaining to child sexual abuse. Provides for retroactive application. SB 1167 referred to Senate State Affairs on 2/28.

HB 2043 by Lambert (R-Abilene)/SB 938 by Parker (R-Flower Mound): Adds Chapter 398, Finance Code, to regulate “earned wage access service providers” (businesses that presumably advance funds to consumers who have earned but unpaid income). Provides for administrative penalties. SB 938 referred to Senate Business & Commerce on 2/13.

HB 2050 by Lopez (R-San Benito): Makes a public school counselor responsible, in addition to their other duties, for counseling students on “choosing an unhealthy or inappropriate solution to a problem” and “engaging in harmful behavior toward themselves or others.”

HB 2083 by Bucy (D-Austin): Prohibits a governmental entity from using an automatic license plate reader system, except for limited purposes. Prohibits a governmental entity or person acting on the entity’s behalf from using a reader in a way that discriminates based on race, ethnicity, or income level. Prohibits the entity from sharing license plate data with a person who is not a governmental-entity, a governmental entity for any other purpose than the limited purposes permitted by the bill, or the federal government. Prescribes confidentiality and retention requirements. Creates a private cause of action for violations for either a statutory penalty of $1,000 or actual damages (business loss, personal injury or death, loss of reputation, mental pain and suffering), court costs, and attorney’s fees. Waives sovereign immunity.

HB 2138 by Simmons (D-Houston): Prohibits the state, a tort contractor, or any other person from discriminating or taking any adverse action against a person on the basis of the person’s sexual orientation, gender identity, or gender expression relating to child welfare services, including the licensing or verification of a foster home or the placement of a child.

HB 2146 by Plesa (D-Dallas): Adds Chapter 98C, CPRC, to create a cause of action for having sex after intentionally removing, altering, or otherwise rendering a condom less effective without the other’s consent. Authorizes recovery of actual damages, including mental anguish, costs, and attorney’s fees. Authorizes recovery of punitive damages.

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

HB 2155 by Shaheen (R-Plano): Prohibits the sale, delivery, or delivery of consumable hemp products. Imposes a criminal offense.

HB 2156 by Harris (R-Palestine)/SB 1008 by Middleton (R-Galveston): Largely pre-empts local regulation of food service establishments. Authorizes an aggrieved person or a trade association to bring suit against a city or county for violations. SB 1008 referred to Senate Business & Commerce on 2/24.

HB 2173 by Shaheen (R-Plano): Requires a social media platform to post a warning on its landing page linking social media usage to mental health issues in minors.

HB 2175 by Munoz (D-Mission): Prohibits a city from prohibiting an employee of the city’s police or fire departments from circulating certain employment petitions.

HB 2235 by Dutton (D-Houston): Amends § 261.001, Family Code, to add to the definition of abuse of a child “an employee, volunteer, or other individual working under the auspices of a school, facility, or program using a form of restraint on a child or secluding a child in a manner that does not comply with federal law, state law, state rules, or other applicable regulations for the school, facility, or program.”

HB 2241 by Dutton (D-Houston): Creates a no-injury private cause of action in which any person may sue any other person for the manufacture, sale, transportation, distribution, importation, loan, or transfer of certain firearms and precursor parts. Applies both to direct violators and those who aid and abet a violation. Provides for equitable relief, statutory damages of $10,000 for each violation, and attorney’s fees and costs. Bars the award of attorney’s fees and costs to a defendant. Denies standing to a defendant from asserting the right of another to bear arms under the Second Amendment as a defense to liability. (Follows SB 8 to the letter.)

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

HB 2255 by Goodwin (D-Austin): Requires the operator of an oil and gas well to notify the surface owner at least three days prior to conducting a fluid level or hydraulic pressure test on an inactive well (current law only requires notice to the RRC’s local office). Entitles the surface owner to witness the test.

HB 2256 by Goodwin (D-Austin): Raises the amount of the bond required of an operator in order to extend the deadline for plugging a well to the amount at least equal to the applicable decommissioning cost estimate established by the RRC for each well. Likewise raises the amount of the individual bond to the same amount. Requires each operator to provide specified information to the RRC for purposes of estimating the decommissioning cost in each region of the state. Requires an operator who posts a bond to pay into a sinking fund an amount equal to the full cost of decommissioning the well, divided into 15 annual payments or the estimated number of years the well is expected to remain productive. Does not apply to an operator for a dry hole.

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

 

HB 2305 by Guerra (D-McAllen): Directs ERCOT to require electric utilities to submit periodic reports of retail customer response to conservation appeals.

 

HB 2330 by Hopper (R-Decatur): Creates a private cause of action against a governmental entity for violations of the Open Records Act. Entitles a requestor who prevails in an action to recover punitive damages of up to $200,000 per violation, attorney’s fees, and court costs. Waives sovereign immunity.

 

HB 2333 by Hopper (R-Decatur): Applies a five-year statute of limitations on felony offenses under the Election Code.

 

HB 2565 by Isaac (R-Wimberley): Prohibits school districts from providing food and drinks containing certain food coloring chemicals.

 

HB 2566 by Spiller (R-Jacksboro): Authorizes a court to assess civil penalties against local entities for intentional refusal to comply with immigration enforcement. Attorney general enforcement for injunctive relief, costs, and attorney’s fees. Immunizes a law enforcement officer or employee of a state agency or local entity from liability for reasonably acting in good faith to enforce immigration laws.

 

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

 

HB 2687 by Guillen (R-Rio Grande City): Authorizes a landowner or resident of a municipality to bring an action against the municipality for declaratory relief on grounds that the municipality or its zoning commission if either violates the reconsideration procedure established in the bill for reconsideration of a boundary or zoning change. Bars a violating municipality from receiving economic development money from the state for five years. Provides for recovery of the prevailing claimant’s attorney’s fees. Waives governmental immunity.

 

HB 2690 by Harrison (R-Midlothian): Creates a no-injury cause of action against a governmental agency or public official for violating a person’s right to earn a living. Authorizes equitable relief, nominal damages of $1, and attorney’s fees and costs. Authorizes a person whose free exercise of the right to earn a living has been burdened to raise the violation as a defense in a judicial or administrative proceeding. Waives sovereign immunity.

 

HB 2691 by Harrison (R-Midlothian): Applies §§ 36.08 (gift to public servants) and 36.09 (offering gift to public servant), Penal Code, to a gift, award, or memento to a member of the legislative or executive branch. Prohibits registered lobbyists to reduce the maximum expenditure for an award or memento to $50.

 

HB 2770 by Schatzline (R-Fort Worth): Bars cities from spending money on supporting DEI initiatives, programs, or organizations. Attorney general enforcement. Bars a violating city from raising its tax rate for three years or receiving state grants for two years.

 

HB 2821 by Schatzline (R-Fort Worth): Bars counties from spending money on supporting DEI initiatives, programs, or organizations. Attorney general enforcement. Bars a violating city from raising its tax rate for three years or receiving state grants for two years.

 

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

 

HB 2840 by Shofner (R-Nacogdoches): Prohibits a person from representing, labeling, or advertising a product as “milk” or a “milk product” if it is not or does not contain “a liquid secreted by the mammary glands of female animals.”

 

HB 2870 by Zwiener (D-Driftwood): Requires a governmental entity that contracts with a contractor to require the contractor and any subcontractor to provide at least a 10-minute paid water break during every four-hour work period. Authorizes the entity to impose an administrative penalty for noncompliance of up to $500 per day.

 

HB 2872 by Olcott (R-Aledo): Prohibits a health authority from disclosing an individual’s vaccination records except under limited circumstances. Imposes a civil penalty of up to $50,000 per violation. Also applies to a person who obtains the information and discloses it to a third party.

 

HB 2874 by Lalani (D-Sugar Land): Adds Subchapter B-1, Chapter 120, Business & Commerce Code, to require a social media platform with at least 1.5 million active users in a month to post provenance data with each photo, video, or audio file created on the platform or using the platform’s tools.

 

HB 2891 by Anchia (D-Dallas): Amends § 85.0531, Natural Resources Code, to raise the amount of the administrative penalty from $10,000 to $25,000 per day. Requires the RRC to provide an opportunity for public input on administrative penalty guidelines. Requires the guidelines to provide for different penalties for different violations based on the seriousness of the violation and any hazard to the health and safety of the public. Requires the commission to consider additional factors in assessing a penalty. Conforms other statutes to the $25,000 penalty.

 

HB 2906 by Simmons (D-Houston): Increases the penalties on parking facility owners, towing companies, and booting companies (currently $1,000 plus three times the amount of fees) to add $500 for each day the vehicle owner is deprived of the use of the vehicle because of the violation and reasonable incidental costs.

 

HB 2928 by Campos (D)/HB 3843 by Y. Davis (D-Dallas): Regulates referral agencies for assisted living facilities. Attorney general enforcement at the request of HHSC for civil penalties of $1,000 per violation. HB 3843 prohibits an assisted living facility from selling or transferring a client’s contact information to a third party without consent. It further reduces the civil penalty to $1,000 per violation.

 

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

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

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

 

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

 

HB 3060 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.

 

HB 3075 by McLaughlin (R-Uvalde): Imposes a civil penalty in the amount of the state money directly or indirectly provided to an entity that advocates DEI or LGBTQ+ principles. Establishes a division in the LBB to vet such entities or organizations.

 

HB 3081 by Holt (R-Silsbee): Amends § 17.47(c), Business & Commerce Code, to raise the maximum civil penalty from $10,000 to $20,000, plus $250,000 if the act or practice was calculated to deprive or acquire money or property from a consumer who is not fluent in the language in which the act or practice occurred, or a person with an intellectual disability (current law only applies to age 65 or older).

 

HB 3137 by Lowe (R-North Richland Hills): Bans the sale, distribution, or application of chloropropham, glyphosate, and dicamba. Bans the sale of any food or beverage containing aspartame, artificial flavoring, propylparaben, azodicarbominide, butylated hydroxy anisole, butylated hydroxytoluene, color additives, dimethylpoly siloxane, MSG, tert-butylhydroquinone, partially hydrogenated oils, sodium benzoate, sodium nitrate, sodium nitrite, or methylparabem. Attorney general enforcement for a civil penalty of $500 per item sold, plus attorney’s fees and costs.

 

HB 3160 by Toth (R-The Woodlands): Requires ISDs, open enrollment charter schools, and public libraries to adopt Internet safety and protection policies. Provides for a complaint process. Authorizes the commissioner of education to withhold state funding for violations.

 

HB 3195 by Garcia Hernandez (D-Farmers Branch): Requires senior independent living communities to conduct criminal background checks on each employee, disclose to residents whether it requires businesses providing services to conduct a background check on its employees, and maintain a resident safety and communications policy regarding criminal activity. Provides immunity from criminal or civil liability for compliance with the statute. Prohibits a senior independent living community from preventing, inhibiting, or penalizing a resident for speaking to family members, social workers, law enforcement officers, or other interested persons about the health and safety of the facility. Likewise prohibits the community from preventing or inhibiting a law enforcement officer, court officer, social worker, family member, or other interested person from interviewing a resident in a common area.

 

HB 3213 by Dean (R-Kilgore): Increases the civil penalty on excavators for underground fiber optic cables for statutory violations from $500 to not less than $2,000 nor more than $5,000. Further increases the penalty for a third violation in one year from $2-5,000 to $8-10,000. Makes an excavator whose excavation results in damage to an underground facility owned by a city or county liable for damages (in addition to civil penalties).

 

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

 

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

 

HB 3244 by Patterson (R-Frisco): Imposes various reporting requirements on an electric coop, electric utility, municipally owned utility, power generation company, or other person required to register with the PUC before generating electricity before beginning operation of or expanding a wind turbine generation facility (adverse impact on military operations). Authorizes the PUC to impose administrative penalties.

 

HB 3273 by Harris Davila (R-Round Rock): Creates a private cause of action for wrongful removal or wrongful removal of personal property from real property. Authorizes recovery of actual damages, treble damages (punitive), costs, and attorney’s fees.

 

HB 3292 by Metcalf (R-Conroe)/HB 3736 by Shofner (R-Nacogdoches): Prohibits  a school district from purchasing ultraprocessed food (food or beverage that contains specified additives and dyes) to a school district for serving or selling to students. HB 3736 applies to food and drink and primarily covers food dyes.

 

HB 3304 by Lowe (R-Fort Worth): Prohibits vaccine mandates in schools or health care facilities.

 

HB 3373 by Metcalf (R-Conroe): Prohibits a school administrator from performing personal services or receiving a financial benefit from a business or education entity that conducts or solicits business from the school district or for another district, open-enrollment charter school regional education service center, or public or private institution of higher education. Imposes a $10,000 civil penalty for a violation.

 

HB 3427 by Tinderholt (R-Arlington): Bars political subdivisions from DEI. Creates a no-standing private cause of action and provides for attorney general enforcement with costs and attorney’s fees. Waives immunity.

 

HB 3428 by Tinderholt (R-Arlington): Makes a business liable for administrative penalties and license revocation for improper display of a sign regarding the possession of a firearm on the business’s premises.

 

HB 3459 by Shofner (R-Nacogdoches): Prohibits a school district from selling any drink containing high fructose corn syrup. Does not apply to sales at sporting events or other special events.

 

HB 3465 by Shofner (R-Nacogdoches): Bans the administration of a vaccine containing mRNA material to livestock or domestic fowl intended for human consumption.

 

HB 3519 by Louderback (R-Victoria): Bans the cultivation of castor beans. Creates a Class C misdemeanor.

 

HB 3573 by McLaughlin (R-Uvalde): Prohibits a governmental entity from awarding a contract or providing preferential treatment to an historically underutilized business.

 

HB 3582 by Dutton (D-Houston): Creates a private right of action by a parent of a student enrolled at a school district or open-enrollment charger school against the district or school for doing a bad job. Entitles a parent to actual damages, specific performance, injunctive relief, and court costs and attorney’s fees. Waives sovereign immunity.

 

HB 3611 by Curry (R-Waco)/SB 284 by Miles (D-Houston): Raises the civil penalty for the placement of “or whose commercial advertisement is placed” on a sign on the public right-of-way to $1,000 for a first violation, $2,500 for a second violation, and $5,000 for a third or subsequent violation.

 

HB 3621 by Bumgarner (R-Flower Mound)/SB 1820 by Johnson (D-Dallas): Regulates primary ticket sellers, secondary market ticket sellers, and secondary market ticket exchange.

 

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

 

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

 

HB 3771 by Hernandez (R-Houston): Prohibits a retailer whose total gross receipts total 50% or more from operating within one mile of a public primary or secondary school. Imposes a $5,000 civil penalty, enforceable by the attorney general.

 

HB 3777 by Tepper (R-Lubbock): Imposes a $250 civil penalty on a dog owner or dog breeder whose dog has been taken into animal control custody for a second time for failing to provide a letter confirming the dog’s sterilization, signed by the vet who sterilized the dog. Attorney general or county or district attorney, with attorney’s fees and costs.

 

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

 

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

 

HB 3806 by Lambert (R-Abilene): Prohibits a state trust company, during a period of supervision, from engaging in any activity determined by the banking commissioner to threaten the safety and soundness of the company.

 

HB 3809 by Darby (R-San Angelo)/SB 1824 by Schwertner (R-Georgetown): Establishes standards for battery energy storage agreements. Voids an agreement from waiving a right or exempt a grantee from a liability or duty imposed by statute. Authorizes a person harmed by a statutory violation to seek appropriate injunctive relief. Establishes required agreement provisions for the removal of the facility that impose on the grantee specified duties owed to the landowner. Requires an agreement to include specified financial security provisions providing financial assurance at least equal to the cost of removing the facilities from the landowner’s property, recycling or disposing of the components, and restoring the property to its prior condition.

 

HB 3837 by Canales (D-Edinburg): Establishes permitting and regulatory requirements for autonomous vehicles. Requires a permit holder to report specified collision information to DPS. Establishes the autonomous vehicle commission. Makes it a DTPA violation to advertise or otherwise represent a technology or other product as capable of converting a motor vehicle to an autonomous vehicle or as a self-driving vehicle unless the vehicle may be operated at a specified level of automation.

 

HB 3842 by Schatzline (R-Fort Worth): Prohibits the display of an LGBTQ flag on public property, including a classroom. Authorizes the education commissioner to withhold public funds from a school district for a violation. Imposes a civil penalty on a governmental entity or employee for a violation in an amount up to $2,000 per violation. Attorney general enforcement, with attorney’s fees and costs. Waives sovereign immunity.

 

HB 3862 by Hunter (R-Corpus Christi): Adds Subchapter C-1, Chapter 120, Business & Commerce Code, to prohibit a child younger than 18 from using a social media platform. Requires a social media platform to prohibit a child from becoming an account holder and to verify the age of a person seeking an account. Requires the social media company to delete age verification information immediately. Makes a violation a DTPA violation. Requires manufacturers of electronic devices to enable on each device a process that allows the owner to active a marker that notifies a website or app accessed by the device that the device is being used by a minor. Requires a manufacturer to automatically enable a filter on each device to prevent a minor user from sharing location data, accessing explicit material, notify the user when the filter prevents access, allow the user or a minor user’s parent to circumvent the filter by entering a code or password, and reasonably prevent a user from circumventing the filter without entering a code or password. Requires a school district to adopt rules and procedures to block and prohibit access to certain content, including social media websites or apps, obscene materials, or harmful content. Bars the use of smart devices during instructional time.

 

HB 3922 by Harris Davila (R-Round Rock): Prohibits a business entity that includes shareholders from assigning an ESG score to an individual or family residing in this state. Bars a violator from conducting business in the state.

 

HB 3958 by Lowe (R-North Richland Hills): Imposes a $500,000 civil penalty per item per day on a museum that displays obscene or harmful material. Enforceable by the attorney general with attorney’s fees and costs.

 

HB 3980 by Patterson (R-Frisco): Authorizes the Texas Lottery Commission to regulate fantasy contests (online fantasy or simulated game or contest of skill) that charges an entry fee (in addition to other requirements). Establishes a fantasy contest operator license. Grants the commission audit and investigative authority. Imposes an administrative penalty of up to $5,000 per day for violations. Enforceable by the attorney general as a contested case under the APA.

 

HJR 120 by Meyer (R-Dallas): Adds § 16, Article I, Texas Constitution, to provide that retroactive laws may be made as to a civil cause of action arising out of child sexual abuse.

 

SB 3 by Perry (R-Lubbock): Prohibits the manufacture of a consumable hemp product that contains any amount of a cannabinoid other than cannabidiol or cannabigerol. Makes it a criminal offense to market, advertise, or sell an edible consumable hemp product packaged in a manner attractive to minors. Prohibits misleading packaging. Makes it a third degree felony to knowingly manufacture, deliver, or possess with intent to deliver a consumable hemp product that contains any amount of a cannabinoid other than cannbidiol or cannabigerol. Makes possession a Class misdemeanor. Makes it a Class A misdemeanor to deliver illegal consumer hemp products by mail, delivery, or courier. Authorizes license revocation and administrative penalties of up to $10,000 against a license holder or registrant. Heard in Senate State Affairs on 3/3.

 

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

 

SB 40 by Huffman (R-Houston): Prohibits a political subdivision from using taxpayer funds to pay a nonprofit organization that uses contributions from the public to post a defendant’s bail bond. Authorizes a taxpayer or resident to sue for injunctive relief, costs, and attorney’s fees. Received in House on 2/20.

 

SB 82 by Hall (R-Edgewood): Adds § 95.0002, CPRC, to impose strict liability on a person with control over the premises of a business for third party criminal acts on the premises if the person posts a sign prohibiting a person from carrying a concealed handgun on the premises. SB 82 referred to Senate State Affairs on 2/3.

 

SB 91 by Hall (R-Edgewood): Makes an employer liable for damages for an employee’s personal injury or death resulting from the employer’s vaccine requirement, unless the employer allows specified exemptions. Allows recovery of attorney’s fees and costs. Referred to Senate State Affairs on 2/3.

 

SB 122 by Hall (R-Edgewood)/HB 1304 by Hopper (R-Decatur): Prohibits a person from selling a fetal tissue food product unless the product is conspicuously labeled pursuant to DHS rules. Referred to Senate Health and Human on 2/3.

 

SB 127 by Hall (R-Edgewood): Applies a four-year statute of limitations to a professional who fails to report child abuse or neglect under § 261.101, Family Code (defined as a teacher, doctor, day-care employee, other health care facilities and providers, and others). Referred to Senate Criminal Jurisprudence on 2/3.

 

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

 

SB 312 by Hughes (R-Tyler): Bars public retirement systems and their investment managers and proxy advisors from using ESG factors in investment decisions. Limits decisions to “financial factors.” Prescribes contracting requirements for system contracts with managers and advisors. Authorizes a public retirement system to file suit to restrain a manager or proxy advisor from breaching a contract or violating the statute. Authorizes a court to award attorney’s fees and costs to a prevailing party. Referred to Senate State Affairs on 2/3.

 

SB 315 by Kolkhorst (R-Brenham): Grants an individual an exclusive property right in the individuals’ unique DNA. Prohibits a person, absent written informed consent from the individual, from collecting a DNA sample, performing a genetic test on the DNA sample, retaining a DNA sample, or alter or modifying an individual’s DNA. Does not apply to emergency medical treatment, determination of paternity, law enforcement purposes, or any other similar use under the laws of Texas or another jurisdiction. Imposes a civil penalty for violations, enforceable by the attorney general with attorney’s fees and costs. Imposes a criminal penalty (Class B misdemeanor). Referred to Senate Health and Human on 2/3.

 

SB 317 by Creighton (R-Conroe)/HB 3227 by Gerdes (R-Smithville): Regulates the removal of statutes or other memorials from state or local government property. Establishes a complaint procedure for alleged violations by local governments. Attorney general enforcement for equitable relief and civil penalties up to $25,500. Waives sovereign immunity. Referred to Senate Economic Development on 2/3.

 

SB 381 by Middleton (R-Galveston)/HB 2547 by Cain (R-Houston): Prohibits a manufacturer or dealer from installing remote vehicle disabling technology that is capable of being activated or engaged by a third person. Provides for license revocation of a person who violates the law. Referred to Senate Transportation on 2/3.

 

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

 

SB 443 by Hinojosa (D-McAllen)/HB 2910 by Hinojosa (D-Austin): Requires the Texas Real Estate Research Center at Texas A&M to compile a data base of corporate owners of residential housing in Texas. Prohibits a corporate entity from owning or having an interest in more than 10 single-family residences in Texas for rental. Attorney general or county or district attorney enforcement with civil penalty of $100,000 for illegal rental, plus costs and attorney’s fees. Referred to Senate Criminal Justice on 2/3.

 

SB 473 by Kolkhorst (R-Brenham): Creates a private cause of action for violations of Chapter 302, Business & Commerce Code, which regulates telephone solicitation, to replace the current private right of action under the DPTA. Allows recovery of the greater of actual damages or statutory damages ranging from $500 to $10,000 per violation, plus court costs, attorney’s fees, and injunctive relief. Makes compliance a condition of licensure by licensing agencies. Referred to Senate Business & Commerce on 2/3.

 

SB 501 by Kolkhorst (R-Brenham)/HB 1335 by Gerdes (R-Smithville): Amends various sections of the Utilities Code to expand the types of underground facilities with a duty to inform nearby residents about excavation activities to specify all forms of telecommunication services, electrical energy, natural or synthetic gas, slurry, or any other hazardous liquids or material (current law refers only to “telecommunications,” “electricity,” “gas,” “petroleum or petroleum products,” as well as steam, sewage, and water). SB 501 referred to Senate Business & Commerce on 2/3.

 

SB 512 by Kolkhorst (R-Brenham)/HB 1516 by Schofield (R-Katy): Prohibits a licensed money services business from including in its terms of service a fine or penalty for a violation of the terms of service. Provides that a violator is liable to the state for three times the fine or penalty imposed by the licensee. Authorizes the attorney general to enforce the statute and recover court costs and attorney’s fees. Referred to Senate Business & Commerce on 2/3.

 

SB 578 by West (D-Dallas): Requires a housing development that receives an allocation of low income housing tax credits to install and maintain operable exterior surveillance cameras. Referred to Senate Local Government on 2/3.

 

SB 584 by West (D-Dallas): Amends § 20.05, Business & Commerce Code, to require a consumer reporting agency that prepares a consumer report using information obtained from another consumer reporting agency or a third party has been compiled and furnished as required by § 20.05. Referred to Senate Business & Commerce on 2/3.

 

SB 585 by West (D-Houston): Amends § 20.05, Business & Commerce Code, to prohibit a consumer reporting agency from furnishing a consumer report that contains a criminal conviction or juvenile adjudication of a person age 21 or older that occurred before the person was 18 and for which the person has completed the person’s sentence. Referred to Senate Business & Commerce on 2/3.

 

SB 591 by West (D-Dallas): Adds Chapter 330, Business & Commerce Code, to create or use a bot to purchase clothing on an Internet website or through a software application; use multiple IP addresses, purchaser accounts, or email addresses to purchase clothing on an Internet website or through a software application; circumvent or disable a randomized customer selection system or other sales volume limitation system associated with the sale of clothing on an Internet website or through a software application; or circumvent or disable a security system, access control system, or other control or measure used to facilitate the sale of clothing on an Internet website or through a software application. Enforcement by the attorney general for injunctive relief, restitution, civil penalties of up to $5,000 per violation, costs, and attorney’s fees. Imposes a $50,000 civil penalty for violation of an injunction or court order. Referred to Senate Business & Commerce on 2/3.

 

SB 606/SB 695 by West (D-Dallas): Amends § 20.07, Business & Commerce Code, to require a consumer reporting agency to email a consumer the link to a corrected consumer report within 30 days if the consumer provides an email address. Referred to Senate Business and Commerce on 2/3.

 

SB 696 by West (D-Dallas): Amends § 20.05(a), Business & Commerce Code, to prohibit a consumer reporting agency to include on a consumer report a record of an arrest or charge that did not result in conviction or deferred adjudication. Referred to Senate Business and Commerce on 2/3.

 

SB 618 by Sparks (R-Midland)/HB 2773 by Leach (R-Plano): Imposes new civil penalties on election officials for altering election results. Enforceable by the attorney general. Referred to Senate State Affairs on 2/3.

 

SB 655 by West (D-Dallas): Prohibits certain NIL contracts between agents and athletes. Renders illegal contracts void and unenforceable. Prohibits waiver. Attorney general enforcement for equitable relief and a civil penalty of $100,000, plus costs and attorney’s fees. Referred to Senate Education K-16 on 2/3.

 

SB 673 by Hughes (R-Tyler): Prohibits cities from prohibiting an owner of certain lots from building an accessor dwelling unit. Creates a cause of action for appropriate equitable relief to Directs the court to award the prevailing claimant costs and attorney’s fees. Waives sovereign immunity. Referred to Senate Local Government on 2/3.

 

SB 782 by King (R-Weatherford): Authorizes a severance tax exemption for oil and gas produced from restimulation wells. Imposes a civil penalty of $10,000 plus the difference between the amount of taxes due and the amount paid if a person claims the exemption with knowledge that the person is ineligible. Attorney general enforcement. Referred to Senate Finance on 2/7.

 

SB 838 by Hinojosa (D-McAllen)/HB 860 by Lalani (D-Sugarland)/HB 2859 by Guerra (D-McAllen): Adds Chapter 611, Business & Commerce Code, to require contracts between a consumer and service provider for a subscription service to contain certain disclosures, particularly the timely disclosure of a consumer’s right to cancel an agreement with a term of more than one year. Requires the service provider to provide the consumer with multiple methods of cancellation. Applies the DTPA to violations. Does not create a private cause of action but limits enforcement to the attorney general, subject to an opportunity to cure. Imposes a civil penalty for failure to cure and subsequent violations of $2,000 per violation, plus restitution to the consumer. SB 838 referred to Senate Business & Commerce on 2/13. HB 860 referred to House Trade, Workforce, Eco Devo on 3/5.

 

SB 840 by Hughes (R-Tyler): Mandates that a city or county allow the development of certain multifamily and mixed-use development projects and the conversion of commercial buildings to mixed-use and multifamily residential occupancy. Bars certain fees for permit applications (including parkland dedication), certain requirements in an application (e.g., traffic impact, parking, etc.), and impact fees. Allows a city to apply STR regulations on short-term rental units to a converted building. Applies to a city with a population greater than 60,000 that is located in a county with a population of more than 420,000 and a county with a population of more than 420,000. Creates a cause of action against a city or county for violations with recovery of nominal and compensatory damages, costs and attorney’s fees, and injunctive relief. Gives the 15^th Court of Appeals exclusive jurisdiction over the action. Further provides that the attorney general may bar a city or county from raising any new tax revenue for three years. Waives sovereign immunity. Referred to Senate Local Government on 2/13.

 

SB 844 by Hughes (R-Tyler): Establishes a procedure for a property owner to protest a city’s proposed change to a zoning regulation or district boundary that makes residential development more restrictive than the prior regulation. Creates a cause of action for declaratory and injunctive relief to compel a city to adopt a regulation that does not restrict residential development. Directs the court to ensure that its judgment is implemented and awards the prevailing claimant costs and attorney’s fees. Further provides that the attorney general may bar a city or county from raising any new tax revenue for three years. Waives sovereign immunity. Referred to Senate Local Government on 2/13.

 

SB 854 by Middleton (R-Galveston)/HB 3172 by Gates (R-Houston): Creates a cause of action against a municipality for violating statutory pre-emption of the municipality’s zoning authority over multifamily residential and mixed use development on religious land. Authorizes declaratory and injunctive relief, recovery of economic damages, and attorney’s fees and costs. Waives sovereign immunity. Grants exclusive jurisdiction to the 15th Court of Appeals for appeals.

 

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

 

SB 936 by Hall (R-Edgewood): Imposes a civil penalty on an ISD board member or superintendent for obstructing a safety audit. Enforceable by the attorney general with recovery of costs and attorney’s fees. Waives official immunity. Referred to Senate Education K-16 on 2/13.

 

SB 946 by Hughes (R-Tyler): Prohibits a lender from denying an organization credit based on the organization’s social credit score, DEI, or involvement with religion, guns, “free-speech” social media platforms, or fossil fuels. Referred to Senate State Affairs on 2/13.

 

SB 949 by Parker (R-Flower Mound): Bans financial institutions with assets of more than $100,000,000,000 from using social credit scores. Bars payment processors, credit card companies, payment networks, payment service providers, or payment gateways that process more than $100,000,000,000 in transactions annually from using social credit scores. Applies the DTPA to violations. Authorizes attorney general enforcement. Creates a private cause of action for actual damages or statutory damages of $10,000 (plus treble damages for an intentional violation). Awards prevailing plaintiff attorney’s fees and costs. Referred to Senate Business & Commerce on 2/13.

 

SB 961 by Kolkhorst (R-Brenham): Among other new Medicaid verification requirements, makes it unlawful for a person to file claim under a state health program without indicating the type of license held by a health care provider that actually provided the service. Referred to Senate Health & Human Services on 2/13.

 

SB 1000 by Blanco (D-El Paso)/HB 880 by Lalani (D-Sugar Land)/HB 2478 by Talarico (D-Austin): Bars a consumer reporting agency from including on a consumer report information related to a medically necessary debt, regardless of when the debt was incurred. SB 1000 referred to Senate Business & Commerce on 2/13.

 

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

 

SB 1009 by Middleton (R-Galveston): Adopts the Uniform Easement Relocation Act. Creates an action by a servient owner against the easement holder, security interest holder, lessee, or any other owner on whom relocation would encroach. Does not require service of a mineral interest owner unless that interest includes an easement. Specifies findings a court must make to grant relocation. Requires the servient owner to bear the expenses of relocation. Requires all parties to act in good faith to facilitate relocation. Provides that the right of a servient owner to relocate may not be waived by contract. Does not apply to public utility easements, defined to include easements benefiting an intrastate utility, interstate utility, utility coop, common carrier pipeline, county, city, or other governmental entities. Referred to Senate Business & Commerce on 2/24.

 

SB 1034 by Sparks (R-Midland): Adds Subchapter O, Chapter 13, Water Code, to impose significant new statutory duties on retail public utilities with respect to cybersecurity. Referred to Senate Business & Commerce on 2/24.

 

SB 1036 by Zaffirini (D-Laredo): Adds Chapter 1806, Occupations Code, to provide for the registration and regulation of solar retailers and salespeople. Imposes civil and administrative penalties of up to $100,000. Applies the DTPA to violations. Creates a private cause of action without requiring exhaustion of administrative remedies. Referred to Senate Business & Commerce on 2/24.

 

SB 1065 by Hall (R-Edgewood): Imposes a civil penalty of up to $1,500 for a first violation and $10,000 for subsequent violations on a contractor who uses property owned or leased by a governmental entity and prohibits a licenseholder from possessing a firearm on the premises. Allows any resident of the state to file a complaint with the attorney general against a contractor. Allows the attorney general to recover costs and attorney’s fees. Requires governmental contracts to include a provision barring a contractor from prohibiting entry to property to a licenseholder. Referred to Senate State Affairs on 2/24.

 

SB 1103 by Zaffirini (D-Laredo): Prohibits the distribution, sale, or possession with intent to distribute a consumable hemp product that is marketed or packaged to appear similar to candy or beverage product and modified by flavoring or coloring to appear similar to candy or a beverage product. Creates a second degree felony offense. Referred to Senate State Affairs on 2/24.

 

SB 1179 by Alvarado (D-Houston)/HB 2824 by A. Hernandez (D-Houston): Requires TCEQ to adopt rules requiring each chemical distribution facility to be equipped with state-of-the-art emission control devices designed to capture and treat benzene and other volatile organic compounds, to install and maintain continuous ambient air quality monitors in adjacent communities and to collect certain data, and to provide such data to TCEQ in real time. Further requires TCEP to require regular inspects and maintenance and to conduct quarterly compliance audits. Creates a criminal offense under § 7.181, Water Code (penalties and jail time). Referred to Senate Natural Resources on 2/28.

 

SB 1181 by Alvarado (D-Houston): Creates a criminal offense (Class A misdemeanor) if a person knowingly acts as a promoter of a combative sports event that has not bee approved by TDLR. Referred to Senate B&C on 2/28.

 

SB 1182 by Alvarado (D-Houston): Adds Subchapter I, Chapter 61, Health & Safety Code, to prohibit the sale of flavored cigarettes, e-cigarettes, or tobacco products. Creates a rebuttable presumption that a cigarette, e-cigarette, or tobacco product has a prohibited distinguishable taste or aroma if a person: (1) publicly proclaims that the product imparts a taste or smell other than those of tobacco; uses text or images on the labeling or packaging indicating a different taste or smell; or (3) performs another act directed at consumers that would reasonably be expected to cause consumers to believe that the product has a different taste or smell. Enforcement by the comptroller under §§ 161.0901 (fines and suspension or revocation of a permit to sell tobacco products). Referred to Senate State Affairs on 2/28.

 

SB 1224 by Sparks (R-Midland)/HB 2206 by Bumgarner (R-Flower Mound): Makes a school superintendent criminally liable for failing to notify law enforcement within 48 hours of becoming aware that an educator is alleged to have committed sexual misconduct with a student. Referred to Senate Education on 2/28.

 

SB 1254 by Zaffirini (D-Laredo): Provides that licensed provider of professional employer services’s status as employer of a covered employee continues until the expiration of 18 months after the license expiration date. Provides that if the license holder fails to renew its license prior to the expiration of the 18-month period, its status as an employer of a covered employee terminates and the license holder is subject to disciplinary action if it engages or offer services at any time after expiration of the license. Referred to Senate B&C on 2/28.

 

SB 1291 by Johnson (D-Dallas): Adds § 551.1425, Government Code, to allow an interested person, including a member of the news media, to bring a declaratory action to determine whether a governmental body has complied with the open meetings law. Authorizes a court to award attorney’s fees and costs. Adds § 552.3214, Government Code, to allow a requestor or the attorney general to bring a declaratory action to determine a governmental body’s compliance with the open records act. Authorizes a court to award costs and attorney’s fees. Referred to Senate B&C on 2/28.

 

SB 1299 by Campbell (R-San Antonio)/HB 2892 by A. Hernandez (D-Houston): Bars a state or local governmental entity from requiring an individual or nonprofit organization to disclose membership lists, volunteer lists, donor lists, or personal affiliations or to otherwise compel release of that information, except under limited circumstances. Creates a private cause of action for injunctive relief, statutory damages of $2,500 per violation, treble damages for intentional violations, court costs, and attorney’s fees. Waives governmental immunity. Makes a violation a Class B misdemeanor. Referred to Senate B&C on 2/28.

 

SB 1310 by Cook (D-Houston): Requires a senior independent living community to prepare, implement, and annually update a written emergency response plan with specified components, file the plan with HHSC, provide the plan to each resident and resident’s family members, and post certain conspicuous notices in common premises in the community. Bars a community from inhibiting or prevent a resident from communicating health and safety concerns to third parties or from speaking to law enforcement, family, or other third parties about those concerns in a common area. Imposes a civil penalty of $500 per violation. Enforcement by the attorney general at HHSC’s request. Referred to Senate HHS on 2/28.

 

SB 1313 by Cook (D-Houston): Makes it a criminal offense (Class B misdemeanor) for a retailer to use certain images, symbols, or decorative components to sell, market, or advertise cigarettes, e-cigarettes, or tobacco products. Referred to Senate State Affairs on 2/28.

 

SB 1314 by Cook (D-Houston): Expands the definition of e-cigarettes for regulatory purposes to an e-cigarette product that does not contain nicotine. Referred to Senate State Affairs on 2/28.

 

SB 1315 by Cook (D-Houston)/HB 3965 by A. Johnson (D-Houston): Authorizes counties, school districts, private schools, and cities to prohibit the sale of cigarettes, e-cigarettes, or tobacco products within a specified distance from a church, hospital, or school. Exempts businesses whose gross receipts from the sale of tobacco products is less than 50%. Referred to Senate State Affairs on 2/28.

 

SB 1316 by Cook (D-Houston)/HB 2735 by Cunningham (R-Humble): Adds e-cigarettes to the current restrictions on the location of advertising of tobacco products. Referred to Senate State Affairs on 2/28.

 

SB 1360 by Kolkhorst (R-Brenham)/ HB 3522 by Holt (R-Silsbee): Establishes labeling requirements for  products identified as “Texas” or “local” honey. Authorizes DSHS to suspend a food manufacturer’s license for at least 90 days for a violation. House version requires “Texas” honey to consist exclusively of honey produced from Texas apiaries. Referred to Senate Water on 3/6.

 

SB 1420 by Nichols (R-Jacksonville): Authorizes a taxpayer or resident to sue a county, city, or school district for injunctive relief if the entity uses public funds for lobbying. Entitles a prevailing taxpayer to attorney’s fees and costs. Referred to Senate State Affairs on 3/6.

 

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

 

SB 1465 by Hinojosa (D-McAllen): Requires each person on board a recreational vessel 16 feet or more in length to wear a personal flotation device prescribed by the Coast Guard when the vessel is under way.

 

SB 1488 by Hall (R-Edgewood): Authorizes the attorney general to sue an entity that fails to report an intention to conduct research on potentially pandemic pathogens to DSHS for a civil penalty of $50,000 to $100,000. Waives sovereign immunity.

 

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

 

SB 1691 by Menendez (D-San Antonio): Adds Chapter 32, Property Code, to prohibit a person from interfering with another person’s quiet enjoyment of the person’s residence by distributing a pamphlet, leaflet, or flyer that demonstrates ethnic or religious animus. Imposes a civil penalty of $5,000 enforceable by the attorney general or a district or county attorney/ Authorizes recovery of attorneys fees and costs.

 

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

 

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

 

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

 

SB 1865 by Eckhardt (D-Austin): Makes it a DTPA violation to sell or offer for sale as an electric bicycle a vehicle equipped with an electric motor that does not meet relevant statutory definitions of “electric bicycle.”

 

SB 1917 by Middleton (R-Galveston)/HB 3859 by Patterson (R-Frisco): Expands the duties of motor vehicle manufacturers or distributors to franchisees regarding recall, over-the-air, and preparation and delivery work and labor rates for certain maintenance services and warranty work.

 

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

 

SB 1970 by Middleton (R-Galveston): Adds § 1101.562, Occupations Code, to impose new duties on a real estate broker or sales agent who lists real estate for sale, including duties to share information, show the property, and publicly advertise or market the property.

 

SB 1973 by Kolkhorst (R-Brenham): Regulates human body acquisition services and subjects them to enforcement and penalties under Chapter 691, Health & Safety Code.

 

SB 1993 by Hall (R-Edgewood): Limits the authority of a city to close a street or alley. Prohibits a city from reallocating vehicular roadspace for bike lanes, transit lanes, or sidewalks. Cuts state funding for violations.

 

SJR 51 by Paxton (R-McKinney): Amends § 16, Art. I, Texas Constitution, to authorize the legislature to make retroactive laws as to a civil cause of action arising out of child sexual abuse.

 

Tort Liability

 

HB 15 by Meyer (R-Dallas)/SB 29 by Hughes (R-Tyler): Defines a “national stock exchange” to include a Texas stock exchange approved by the securities commissioner. Attempts to limit judicial decisions or laws of other states affecting the statute. Provides that a decision by a corporate manager to disregard other state laws or judicial decisions does not constitute or imply a breach of the statute. Allows corporate documents to specify that Texas courts shall serve as the exclusive forum and venue for internal entity claims. Allows the governing documents of a domestic entity to contain an enforceable waiver of the right to a jury trial concerning any internal entity claim. Authorizes a corporation to petition a court to hold an evidentiary hearing to determine whether the directors appointed to the committee are independent and disinterested. Requires the court to hold a preliminary hearing within 10 days after notice to shareholders to determine appropriate legal counsel and to hold the substantive hearing promptly. Establishes a presumption that directors and officers act in good faith, on an informed basis, in furtherance of the interests of the corporation, and in obedience to the law. Provides that if a corporation has a class or series of voting shares listed on a national exchange (or has affirmatively elected to be governed by the presumption of good faith), neither the corporation nor its shareholders have a cause of action against a director or officer for breach of duty. Limits a cause of action for an act or omission of an officer or director to a claim that rebuts the elements of the presumption and proves that the actor omission constituted a breach of duty and the breach involved fraud, intentional misconduct, an ultra vires act, or a knowing violation of law. Provides that in a shareholder derivative action the corporation may petition the court to request a determination of whether the directors are independent or disinterested with respect to the allegations. Provides that the court’s determination is dispositive in the absence of the discovery of facts not presented in court that constitutes sufficient evidence to prove that a director is not independent and disinterested. HB 15 referred to House JCJ on 3/3. SB 28 referred to Senate State Affairs on 2/28.

 

HB 170 by Guillen (R-Rio Grande City): Amends § 83.001, CRPC, to expand immunity for the justified use of force or deadly force to a “threat to use force or deadly force.” Entitles a defendant found to be immune to attorney’s fees, court costs, lost income, and other expenses. Referred to House JCJ on 2/27.

 

HJR 25/HB 179 by A. Johnson (D-Houston): Adds § 16.0046, CPRC, to eliminate the statute of limitations for a personal injury action arising from a violation of § 22.011(a)(2), Penal Code (sexual assault of a child), § 22.021(a)(1)(B), Penal Code (aggravated sexual assault of a child), § 21.02, Penal Code (continuous sexual abuse of a young child or disabled person) (if the victim is a child younger than 14), various subsections of § 20A.02, Penal Code (certain sexual trafficking of a child), § 43.05(a)(2), Penal Code (compelling prostitution by a child), § 21.11, Penal Code (indecency with a child). Applies retroactively, even if limitations has expired under the former law. HJR 25 provides constitutional authority for HB 179. HJR 25 referred to House JCJ on 3/3.

 

HB 349 by Flores (D-Austin): Amends Chapter 92A, CPRC, to apply the same liability standard for removal of a domestic animal from a locked motor vehicle as currently applies to the removal of a vulnerable individual. Referred to House JCJ on 2/28. HB 179 referred to House JCJ on 2/27.

 

HB 644 by C. Bell (R-Magnolia): Grants immunity from liability to a person with control over the premises of a business who gives permission to a concealed carry license holder to carry a concealed firearm on the premises solely on the basis of the permission. Provides that the lack of an oral or written communication indicating that concealed firearms are prohibited on the premises constitutes permission to carry on the premises. Referred to House JCJ on 3/4.

 

HB 699 by Gervin-Hawkins (D-San Antonio): Requires a manufacturer of a cosmetic to list the ingredients used in the cosmetic and the chemical abstract service number for each listed ingredient. Referred to House Trade, Workforce, Eco Devo on 3/4.

 

HB 719 by Gervin-Hawkins (D-San Antonio): Directs the executive commissioner of the Texas Health and Human Services Commission to adopt a rule requiring a manufacturer that sells a lip gloss or lipstick cosmetic to disclose a list of each ingredient and any toxic metal no matter the concentration. Referred to House Trade, Workforce, Eco Devo on 3/4.

 

HB 735 by Leo-Wilson (R-Galveston)/SB 823 by Middleton (R-Galveston): Prohibits a person from selling meat, poultry, shrimp, or other related products without a label that conspicuously states whether the product was originated in Texas. Referred to House Trade, Workforce, Eco Devo on 3/4.

 

HB 865 by Moody (D-El Paso)/HB 1217 by Goodwin (D-Austin): 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. Referred to House JCJ on 3/4.

 

HB 939 by Vasut (R-Angleton): Adds § 41.0025, CPRC, to cap noneconomic damages at the greater of five times economic damages or $5 million. Referred to House JCJ on 3/6.

 

HB 988 by Harrison (R-Midlothian): Adds § 21.401, Business & Commerce Code, to make it a breach of fiduciary duty for the director of an entity to “prioritize[] another consideration over the maximization of the value of the corporation’s shares” in discharging the director’s duties. Referred to House Trade on 3/6.

 

HB 1110 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.

 

HB 1130 by Isaac (R-Dripping Springs)/SB 847 by Campbell (R-San Antonio): Adds Chapter 75C, CPRC, to limit the liability of a cavern operator if the operator posts a prescribed warning at the cavern entrance. Does not limit liability for injury proximately caused by: (1) the operator’s negligence with regard to the safety of the cavern area of a cavern activity participant; (2) a potentially dangerous condition in the cavern area of which the operator has knowledge or should have knowledge; (3) negligent training of an employee actively involved in the cavern area or a cavern activity; or (4) the operator’s intentional conduct. SB 847 set for hearing on Senate State Affairs on 3/3.

 

HB 1196 by Manuel (D-Port Arthur): Requires that the operator of an all-terrain vehicle possess evidence of financial responsibility.

 

HB 1419 by DeAyala (R-Houston): Caps noneconomic damages for past or future physical pain and suffering at three times the amount of damages awarded for past and future health care expenses. Caps noneconomic damages for past or future mental or emotional pain and anguish to: (1) $1 million if the claim arises from an event primarily causing emotional injury to the claimant; or (2) $250,000 if the claim arises from an event primarily causing  bodily injury to the claimant. Provides that all parties that may be responsible under a vicarious liability theory be treated as a single defendant. Indexes the cap by 1.75% beginning on January 1, 2027.

 

HB 1674 by Kerwin (R-Glen Rose)/SB 886 by Sparks (R-Midland): Creates a criminal offense for the sale, distribution, or application of sewage sludge containing certain levels of perfluoroalkyl and polyfluoroalkyl substances. SB 886 referred to Senate Water on 2/13.

 

HB 1730 by Morales Shaw (D-Houston)/SB 768 by Menendez (D-San Antonio): Directs the University of Houston to conduct a study in collaboration with the RRC and TCEQ of the effects of perfluoroalkyl and polyfluoroalkyl on public health and report to the legislature by December 1, 2026. SB 768 referred to Senate Water on 2/7.

 

HB 1808 by Landgraf (R-Odessa)/SB 1145 by Birdwell (R-Granbury)/HB 2584 by Landgraf (R-Odessa): Directs the RRC to adopt rules and orders and issue permits relating to the recycling and beneficial use of produced water associated with oil and gas operations, taking into account the need to protect public health and the environment. Amends § 26.131(d), Water Code, to require the RRC to provide assistance to an applicant for a permit for the discharge of produced water. SB 1145 and HB 2584 direct the TCEQ to issue permits and specifies permitting of land application of produced water. SB 1145 heard in Senate Natural Resources on 3/5.

 

HB 1958 by Lopez (R-San Benito): Adds § 437.029, Health & Safety Code, to require food service establishments serving shrimp imported from outside the state (including shrimp caught in the Gulf of Mexico outside state-owned submerged lands) to provide notice to that effect on the menu.

 

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

 

HB 2093 by A. Martinez (D-Weslaco): Grants immunity from civil damages to the owner, employee, or agent of a food service establishment arising to the use of, attempted use of, or failure to use CPR unless the use, attempted use, or failure to use is intentional or wilfully or wantonly negligent. Does this bill impose liability for any intentional use of CPR by a restaurant employee?

 

HB 2094 by Martinez (D-Weslaco): Requires food service establishments that prepares food items containing peanuts or a peanut product to conspicuously post a warning sign in the area where food is consumed or on the menu.

 

HB 2270 by Turner (D-Arlington): Amends § 192.005, Transportation Code, to require a person operating a railroad locomotive or train to report a collision with a pedestrian. Allows disclosure of personally identifying information of the train crew to persons with a court order (i.e., private attorneys).

 

HB 2343 by Leo-Wilson (R-Galveston): Prohibits a person, including a restaurant, from selling imported shrimp without a label that conspicuously states whether the product was originated in Texas (or identifying imported shrimp on a restaurant menu). Prohibits a school district from serving imported shrimp.

 

HB 2352 by Dutton (D-Houston): Adds Chapter 307, Business & Commerce Code, to prohibit a provider of wireless telephone services from knowingly providing services on a mobile device that the provider knows or has reason to believe is stolen. Requires the provider, on receipt of notice from an authorized customer that a mobile device has been stolen, to suspend or cease providing wireless service on the device. Requires a manufacturer of a mobile device to equip the device or allow the device to be equipped with technology that permits an authorized customer who reports the device stolen to render the device inoperable.

 

HB 2680 by Lozano (R-Beeville): Provides that a (maritime) pilot is not liable for the acts or omissions of another pilot or as a member of a pilot’s association relating directly or indirectly to pilot services. Limits the liability of a pilot for negligence to $1,000 in damages. Does not apply to a pilot’s gross negligence or wilful misconduct. Does not exempt the owner or operator of a vessel from liability on grounds that the vessel was piloted by a pilot or that the damages were caused by the pilot’s negligence. Requires a court to dismiss a claim against a pilot to the extent the claim alleges more than $1,000 in damages caused by the pilot’s negligence.

 

HB 2790 by Darby (R-San Angelo): Adds Chapter 100B, CPRC, to bar a claimant from bringing an action against a defendant on the basis that captured carbon dioxide, stored carbon dioxide, or a process associated with capturing or storing carbon dioxide (1) is a pollutant, (2) constitutes a nuisance, including a public nuisance; or (3) has caused a nuisance-related injury. Bars a claimant from recovering noneconomic damages unless the claimant establishes actual damages and: (1) that the defendant concealed, withheld, or misrepresented information relevant to the permitting authority’s decision to grant the defendant a permit authorizing carbon capture-related activities; (2) the information relates safety or migration; (3) the permitting authority reasonably relied on the information and did not receive relevant accurate information from another source; (4) the information is of sufficient importance that a reasonable person with the permitting authority’s knowledge and experience would consider the information material to a decision to grant a permit; and (5) the permit was granted not more than five years before the date the carbon dioxide was injected, migrated, or escaped. Allows recovery of noneconomic damages if the claimant establishes that at the time of the event that caused the damage the defendant was not in compliance with a legal requirement governing an aspect of the defendant’s conduct, the requirement is intended to protect the person or property from the kind of damages that occurred, and the damage would not have occurred if the defendant was in compliance at the time of the event. Allows recovery of noneconomic damages if the claimant shows that the relevant aspect of the defendant’s conduct was not regulated, the defendant’s conduct was contrary to standard industry practice, the defendant chose not to follow standard practice solely for economic reasons, and the damage would not have occurred if the defendant followed the standard practice. Limits liability for interference with access to underground minerals and water due to storage of captured carbon dioxide to actual damages unless the defendant misrepresented relevant information in the permitting process, the agency relied on the information, the claimant did not know or receive notice of the proceeding in which the defendant received the permit, and the information is of sufficient importance that a reasonable person with the permitting authority’s knowledge and experience would consider the information material to a decision to grant a permit. Bars a claimant who receives compensation through a lease payment, royalty payment, or purchase of an easement that takes into consideration the possibility of impeded access or interference with production from recovering damages resulting from the impediment or interference. Limits damages for impeding access or interfering with production to the increased cost of access to minerals or water, the increased cost to produce the minerals and the water, the present value of the minerals or water that cannot with reasonable probability be produced because of the interference. Bars recovery of punitive damages unless the claimant proves entitlement to noneconomic damages and complies with Chapter 41’s requirements. Provides that the Act may not be construed to impair, amend, alter, negate, or otherwise affect any right, obligation, or other term of an agreement. Provides for voluntary waiver by agreement.

 

HB 2805 by DeAyala (R-Houston): Provides that if a trial court finds by clear and convincing evidence that an administrative action and subsequent appeal against a groundwater conservation district were groundless and brought in bad faith, the district shall recover attorney’s fees and costs (current law allows a prevailing district to recover them, so the bill limits recovery). Entitles a groundwater owner to attorney’s fees and costs if the court finds by clear and convincing evidence that the district intentionally violated the owner’s rights.

 

HB 2888 by Isaac (R-Dripping Springs): Adds § 72.101, CPRC, to prohibit an uninsured individual or individual driving without a license from recovering damages from another motor vehicle operator or the operator’s liability insurer that result from a collision involving the individual’s motor vehicle.

 

HB 2916 by Leach (R-Plano): Establishes an affirmative defense to criminal or civil liability for the destruction, damaging, or disabling an unmanned aircraft if the aircraft was on property legally owned or occupied by the defendant, the defendant used a firearm, and the defendant was not otherwise prohibited from discharging the firearm.

 

HB 3004 by Spiller (R-Jacksboro): Amends § 51.014(a), CPRC, to add to the list of interlocutory appeals a grant or denial of a motion for summary judgment or dismissal based on §752.008, Health & Safety Code, which prescribes liability for a statutory violation that results in physical or electrical contact with a high voltage overhead line. Adds § 752.0015 to define “responsible person” as one who: (1) performs the work, activity, or function; (2) employs, retains, or hires a person to perform work, including a contractor or subcontractor; or (3) is an employee, agent, contractor, subcontractor, or independent contractor involved in the work. Amends § 752.002 to change the definition of “authorized person” to apply to a person directly or indirectly employed, retained, or hired by an electric cooperative, electric utility, or municipality performing work at or near the entity’s electrical system, including a high power voltage overhead line. Adds § 752.003(e) to require each responsible person to comply with the 48-hour notice and agreement process prior to beginning work near a high voltage overhead line. Amends § 752.004 to expand a responsible person’s duties to include moving any part of an object within 10 feet of the line, regardless of whether the object or material was already within 10 feet of the line before the work began. Amends § 752.008 to specify that all responsible persons are jointly and severally liable to the owner or operator of the line for all liability, including all defense and indemnification costs, and are barred from recovery of damages in tort from the owner or operator for any injuries or damages associated with contact with the line.

 

HB 3095 by Morgan (R-Richmond): Adds Subchapter C, Chapter 72, CPRC, to prohibit recovery for bodily injury, death, or property damage or noneconomic damages resulting from a motor vehicle collision for which the individual failed to establish financial responsibility. Applies to a personal representative of the decedent in a wrongful death action. Exempts an individual who at the time of the collision failed to establish financial responsibility for a period of not more than 45 days and had continuously established financial responsibility for a year prior to that period. Does not apply to a passenger in the vehicle, a minor under age 18, or was an active-duty member of the armed forces who had returned from deployment less than six months earlier. Does not apply to a dames caused by an individual who at the time of the accident was driving under the influence, caused the collision intentionally, recklessly, or with gross negligence, improperly fled the scene, or was acting in furtherance of an offense or in immediate flight from a felony offense.

 

HB 3402 by King (R-Canadian)/HB 145 by King (R-Canadian): Allows an electric utility to self-insure liability for wildfire and potential damages resulting from personal injury or property damages caused by wildfire. Does not permit self-insurance for intentional or reckless conduct or gross negligence. Immunizes an electric utility from damages resulting from a wildfire if the utility has filed and the PUC has approved a wildfire mitigation plan. Does not apply to reckless or intentional conduct or gross negligence. Provides an affirmative defense for material compliance with an approved plan.

 

HB 3453 by Bonnen (R-Friendswood): Provides that a single source continuum contractor or nonprofit entity providing foster care or adoption services is not liable for damages in excess of certain amounts for the negligence of a person who is an employee or volunteer of the entity or a caregiver or clinical professional providing services to the entity if the entity has conducted a timely criminal background check.

 

HB 3738 by Shofner (R-Nacogdoches): Directs the Department of Agriculture to conduct an annual study to determine levels of PFAS in food served under the school lunch program.

 

HB 3740 by Shofner (R-Nacogdoches): Bars the use of a chemical or technique for weather modification and control unless approved by TDLR. Bars TDLR from approving a chemical or technique known to cause harm to human health.

 

HB 3742 by Shofner (R-Nacogdoches): Bars an institution of higher education from providing instruction that promotes the use of a gender pronoun inconsistent with the person’s biological sex.

 

SB 230 by West (D-Dallas): Prohibits a consumer reporting agency from furnishing a report showing an eviction that is more than seven years old. Referred to Senate Business and Commerce on 2/3.

 

SB 484 by Alvarado (D-Houston): Creates a new cause of action for personal injury, death, or other damages resulting from the failure of a manufacturer or retailer of a portable generator to include a warning label on a unit that does not have a carbon monoxide kill switch. Authorizes the recovery of actual damages, court costs, and attorney’s fees and provides for injunctive relief. Also creates a separate DTPA cause of action. Referred to Senate Business & Commerce on 2/3.

 

SB 908 by Blanco (D-El Paso): Requires licensed firearms dealers to conduct criminal background checks. Creates a criminal offense for violations. Referred to Senate State Affairs on 2/13.

 

SB 920 by Sparks (R-Midland): Adds § 22.0521. Education Code, to grant immunity from civil liability or administrative disciplinary action to an open enrollment charter school or private school that adopts a policy governing the administrative of medication to students that complies with certain statutory requirements. Authorizes the school to allow a licensed physician or registered nurse who performs volunteer services and for whom the school provides liability insurance to administer nonprescription medication or medication prescribed by the student’s physician. Does not apply to gross negligence. Amends § 22.052, Education Code, to expand the existing parallel immunity for public schools to confer immunity from administrative disciplinary action as well as civil liability.  Referred to Senate Education K-16 on 2/13.

 

SB 1056 by Parker (R-Flower Mound): Adds § 20.4015, Business Organizations Code, to establish a presumption that an officer or director of a domestic corporation acts on good faith, on an informed basis, and with a view to the interests of the corporation. Provides that, unless otherwise provided in the corporation’s certificate of formation, an officer or director is not personally liable for damages from acting in their capacity as an officer or director unless the officer or director: (1) violates a duty of good faith, loyalty, or due care; or (2) engages in intentional misconduct, fraud, or a knowing violation of the law. Requires a party alleging an element of (2) to state with particularity the circumstances constituting the misconduct, fraud, or knowing violation. Referred to Senate Business & Commerce on 2/24.

 

SB 1057 by Parker (R-Flower Mound): Adds § 21.373, Business Organizations Code, to permit a domestic corporation to opt-in to a requirement that a shareholder or group of shareholders, to submit a matter for approval at a shareholders meeting, to hold no less than the lesser of: (1) $1 million in market value of the corporation’s securities; or (2) three percent of the corporation’s securities entitled to vote on the proposal. Further requires that the shareholder or shareholder group have continuously maintained that level of ownership for the six months prior to making the proposal to solicit the holders of shares representing at least 67% of the voting power of shares entitled to vote on the proposal. Referred to Senate Business & Commerce on 2/24.

 

SB 1119 by Hughes (R-Tyler)/HB 2613 by Harris Davila (R-Round Rock): Limits the liability of a water park if the park posts a prescribed warning of the liability limitation. Preserves liability for injury caused by the park’s negligence, premises liability, failure to train, or intentional acts. Heard in State Affairs on 3/3.

 

SB 1135 by Hagenbuch (R-Denton): Repeals §§ 72.054(c), (d), and (e), CPRC, which permit a plaintiff to introduce certain evidence in the first phase of a bifurcated trial to show negligent entrustment. Amends § 72.053(a) to expand the definition of “regulation or standard” to include a policy or procedure promulgated or adopted by the owner or operator of the motor vehicle. Amends § 72.053(b) to provide that evidence is only admissible in the first phase of a bifurcated trial if it is admissible under other law. Referred to Senate Transportation on 2/24.

 

SB 1146 by Birdwell (R-Granbury)/HB 3911 by Darby (R-San Angelo): Amends § 89.045, Natural Resources Code, to expand liability protection for plugging or replugging a well to include a private person who has paid money to the RRC to plug or replug a well under § 89.084. Adds § 89.049 to authorize an operator in good standing to contract with an RRC-approved well plugger to plug or replug an orphan well. Provides that an operator who enters into such a contract does not assume responsibility for the physical operation and control of the orphaned well (the well plugger does) and is not liable for damages that may result from acts or omissions in plugging or replugging the well. Provides that a person who pays money to the RRC or contracts with a well plugger does not admit responsibility for plugging or replugging the well and evidence of such payment or contract is not admissible in a suit in which a person’s obligation to plug or replug a well is an issue. Provides that introducing such evidence is grounds for a compulsory mistrial. Referred to Senate Natural Resources on 2/24.

 

SB 1198 by Birdwell (R-Granbury): Amends § 424.001, Government Code, to add spaceports to the definition of “critical infrastructure” for purposes of civil and criminal liability. Referred to Senate Natural Resources on 2/28.

 

SB 1283 by Parker (R-Flower Mound): Grants immunity from civil or criminal liability to a senior retirement community that conducts a criminal background check of every employee and maintains a resident safety and communications policy regarding criminal activity that poses a risk to residents. Referred to Senate HHS on 2/28.

 

SB 1558 by Perry (R-Lubbock)/HB 3453 by Bonnen (R-Friendswood): Immunizes from civil liability under Chapter 84, CPRC, a charitable organization that contracts with DFPS or with a single source continuum contractor if the organization is in good standing with the department and has complied with required criminal background checks and provides required training and reporting. Imposes vicarious liability on an organization not in substantial compliance if plaintiff shows: (1) the failure to substantially comply was a substantial factor in causing the actual harm; (2) the requirement with which the entity failed to substantially comply was designed to prevent the specific type of harm that occurred. Does not apply to gross negligence. Referred to Senate HHS on 3/6.

 

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

 

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

 

Construction Law

 

HB 386 by Gervin-Hawkins (D-San Antonio): Amends § 271.060, Local Government Code, to increase from $1 million to $5 million or more the original contract price that may not be increased by more than 25%. Provides that a contract with an original contract price of less than $5 million may not be increased in the aggregate by more than the greater of 50% or $1 million. Raises the amount of authority that a governing body may grant to an official or employee to approve a change order involving an increase or decrease from $50,000 to $250,000 or less. HB 386 referred to House Trade on 2/28.

 

HB 1069 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.

 

SB 553 by Flores (R-Austin): Adds § 2269.3035, Government Code, to allow a governmental entity to use a design-build method for constructing or repairing water or wastewater infrastructure. Referred to Senate Business & Commerce on 2/3.

 

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

 

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

 

HB 2021 by Barry (R-Pearland): Amends § 2272.001, Government Code, to add a definition of “critical infrastructure facility” (matches existing definition). Adds § 2272.002(b) to exclude from the applicability of the chapter a claim for “damages arising from damage to or loss of real or personal property caused by an alleged construction defect in an improvement to real property that is a private construction contract exceeding $10 million, as well as indemnity or contribution for such damages, asserted by a private owner with an interest in the contract and asserted against a contractor, subcontractor, supplier, or design professional. Renumbers existing § 2272.002(b) as .002(c) and amends the subsection to exclude from Chapter 2272 a critical infrastructure facility. Amends § 2272.003 to add private owners to the existing requirement that a governmental entity must provide each party to a construction contract a written report identifying the construction defect. Amends § 2272.004 to add a party to a private construction contract exceeding $10 million to the right of inspection and cure. Amends § 2272.006 (dismissal of construction defect claim for failure to comply with report and inspect and cure requirements) to add a non-compliant private party. Amends § 2272.007 to add a private party to the report reimbursement requirement.

 

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

 

HB 2203 by Baumgarner (R-Flower Mound)/SB 687 by Hughes (R-Tyler): Amends § 130.001, CPRC, to add land surveyors to the definition of “construction contract.” Amends § 130.002 to include land surveyors in the anti-indemnity provision that applies to licensed architects and engineers. Amends § 130.0021 to add land surveyors to the standard of care provision for licensed architects and engineers. Makes a conforming change to §§ 130.004(b) and 130.005 to include land surveyors. Makes parallel changes to § 271.904, Local Government Code. SB 687 heard in Senate State Affairs on 2/24.

 

HB 2484 by Curry (R-Waco): Adds Chapter 60, Business & Commerce Code, to require that, if a construction contract or an agreement collateral to or affecting a construction contract contains a provision for retainage, the contractor must deposit and hold any retainage in an escrow account.

 

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

 

SB 776 by Hughes (R-Tyler)/HB 2463 by Leach (R-Plano): Bars a construction contract between a governmental entity and a contractor from prohibiting the award of compensatory damages to the contractor for a delay caused solely by the governmental entity or by a party for which the entity is responsible. Defines “compensatory damages” as special damages, consequential damages, home office overhead, profit or markup on indirect costs, cost of performing additional work separately agreed upon by the entity and contractor, or indirect costs not related to the project. Does not prohibit a provision in the contract requiring the contractor to meet certain conditions for the recovery of compensatory damages, including notice, justification, or a duty to mitigate or for proving actual cost or schedule impact of a delay. Prohibits waiver. Does not apply to services related to recovery or relief from a natural disaster involving the repair or renovation of a residence or various types of TxDOT contracts enumerated in § 201.112, Transportation Code. Referred to Senate Business & Commerce on 2/7.

 

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

 

HB 3287 by Bell (R-Forney)/SB 1612 by Johnson (D-Dallas): Adds § 162.001(a-1), Property Code, to provide that funds reserved under § 53.101 (10% retainage) are trust funds, except for funds reserved for the construction or repair of new or existing single-family houses, duplexes, triplexes, or quadruplexes used for residential purposes. Directs a court to award attorney’s fees and costs to a beneficiary who prevails in an action brough against a trustee under Chapter 162.

 

HB 3288 by Bell (R-Forney)/SB 1615 by Johnson (D-Dallas): Adds § 163.031(a-1), Property Code, to provide that a trustee who retains or diverts funds due to a dispute, including an alleged default, arising under a construction contract, other than the contract in connection with which the trust funds were received, has misapplied the trust funds.

 

HB 3289 by Bell (R-Forney)/SB 1614 by Johnson (D-Dallas): Adds § 28.003, Property Code, to provide that a good faith dispute does not include a dispute relating to a contract, work order, contractual arrangement, or any other agreement between the parties that is not related to the construction contract under which payment is requested or required.

 

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

 

HB 3712 by Guillen (R-Rio Grande City): Prohibits an owner, contractor, or subcontractor from reserving funds for specially fabricated material that has been delivered by a subcontractor and accepted by the owner, contractor, or sub at the site or off-site, and is covered by a manufacturer’s warranty under a contract with an owner, contractor, or subcontractor.

 

HB 3847 by Canales (D-Edinburg): Adds Chapter 28, CPRC, to establish pleading requirements for commercial construction defect claims. Allows a defendant to move to dismiss a claim for failure to comply with the pleading requirements (which abates discovery timelines). Gives the claimant seven days to replead the claim. Requires the court to hear the defendant’s motion not later than 30 days after the motion is served, unless extended for good cause (filing an insufficient pleading to toll limitations is not good cause). Authorizes the court to award attorney’s fees and costs to a prevailing party in a motion to dismiss.

 

Freedom to Contract

 

HB 191 by Spiller (R-Jacksboro)/HB 1566 by Patterson (R-Frisco)/HB 2752 by Vasut (R-Angleton)/SB 307 by Kolkhorst (R-Brenham): Prohibits a governmental entity of a country designated by the Director of National Intelligence as posing a risk to national security in each of the three most recent threat assessments from buying or acquiring title to real property in Texas. Further bars an organization headquartered in a designated country, directly or indirectly under the control of the government of a designated country, or under the control of an organization controlled by a designated country from acquiring real property in Texas. Gives the attorney general enforcement authority in a district court of a county in which the property is located. Provides for the appointment of a receiver to sell property acquired in violation of the statute. SB 307 referred to Senate State Affairs on 2/3. HB 191 referred to House Homeland, Public Security, and Veterans Affairs on 2/27.

 

HB 224 by Rosenthal (D-Houston): Repeals Chapter 2271, Government Code, which prohibits a governmental entity from contracting with a company that boycotts Israel. Repeals Chapter 2274, Government Code, which bars a governmental entity from contracting with a company that boycotts an energy company and requires the state to divest investments from such companies. Referred to House State Affairs on 2/27.

 

HB 402 by Cain (R-Houston)/SB 17 by Kolkhorst (R-Brenham): Prohibits a foreign government, company directly or indirectly controlled by a foreign government, or company or entity owned by or the majority of stock or other ownership interest of which is held or controlled by a foreign government or foreign government controlled entity, from acquiring an interest in agricultural land. Prohibits a governmental entity of a country designated by the Director of National Intelligence as posing a risk to national security in each of the three most recent threat assessments from buying or acquiring title to real property in Texas. Furthers bars an organization headquartered in a designated country, directly or indirectly under the control of the government of a designated country, or under the control of an organization controlled by a designated country from acquiring real property in Texas. Gives the attorney general enforcement authority in a district court of a county in which the property is located. Provides for the appointment of a receiver to sell property acquired in violation of the statute. Referred to House Homeland on 2/28.

 

HB 518 by Leo-Wilson (R-Galveston): Prohibits a nonresident alien, foreign business, or foreign government from purchasing or acquiring title to agricultural land. Referred to House State Affairs on 3/3.

 

HB 733 by C. Bell (R-Magnolia): Requires a purchaser of residential property in a platted subdivision to present proof of citizenship as a condition of sale. Requires the seller to verify citizenship status and file an affidavit to that effect. Imposes a criminal penalty on a seller who violates the statute. Referred to House Trade, Workforce, Eco Devo on 3/4.

 

HB 748 by Leach (R-Plano)/ HB 1974 by Cook (R-Mansfield)/HB 2411 by Little (The Colony)/SB 1587 by Hancock (R-North Richland Hills): Adds Chapter 129C, CPRC, to void nondisclosure agreements or any other agreement that prohibits or restricts a party’s ability to notify the appropriate law enforcement personnel or any federal or state regulatory agency of an act of sexual abuse committed against a child. Further prohibits an agreement that prohibits a party from informing another person of the circumstances of the abuse, including the identity of the perpetrator. Referred to House JCJ on 3/5.

 

HB 1623 by Louderback (R-Victoria): Prohibits a governmental entity of a country designated by the Director of National Intelligence as posing a risk to national security in each of the three most recent threat assessments from buying or acquiring title to real property in Texas. Furthers bars an organization headquartered in a designated country, directly or indirectly under the control of the government of a designated country, under the control of an organization controlled by a designated country, or a citizen of a designated country from receiving an economic development incentive under Chapter 403, Government Code.

 

HB 1849 by Hefner (R-Mt. Pleasant)/HB 2536 by Leach (R-Plano): Prohibits the Russian, Iranian, North Korean, or Chinese governments, private entities owned or controlled by those governments or individual citizens of those nations, or individual citizens of those nations from acquiring title to real property in Texas. Authorizes the governor to designate other foreign governments, entities, or individuals that are barred from acquiring title to real property in Texas. Does not apply to U.S. citizens or lawful permanent residents of the U.S., citizens of foreign countries not domiciled in a designated country, entities owned or controlled by those individuals, or leasehold interests in land or improvements on the leasehold. Authorizes the attorney general to investigate violations and bring enforcement actions in the district court in the county in which the real property is located. Establishes a divestiture and receivership process. Creates a criminal offense for intentional or knowing violations. Establishes a criminal fine for a violation equal to the greater of $250,000 or 50% of the market value of the property.

 

HB 1907 by Paul (R-Webster)/HB 2403 by Leo-Wilson (R-Galveston)/HB 2409 by Cain (R-Houston)/SB 1847 by Hughes (R-Tyler): Prohibits a governmental entity from entering into a contract relating to information or communication technology or services with a “scrutinized” company, defined as an entity with direct or indirect connections with China, unless the governor approves. Requires vendors to verify and certify that they are not scrutinized companies. Imposes a civil penalty for a false verification of twice the amount of the contract or the loss to the state. Enforceable by the attorney general. Also makes a violation a state jail felony.  Senate version applies to any foreign adversary designated by the governor, includes transportation infrastructure systems, and bars a governmental entity from using a remote sensing technology or transportation infrastructure system purchased or leased from a foreign adversary.

 

HB 2034 by Gerdes (R-Smithville): Prohibits an underground water district from granting a permit to designated countries or individuals or entities controlled by designated countries.

 

HB 2244 by Cain (R-Houston): Bars a state agency from buying electric cars or components from an organization connected to a scrutinized country or any organization that subcontracts for a car or any components (including mined material) from a scrutinized country. Attorney general enforcement against the entity for a civil penalty of $250,000 per violation, restraint of the entity from doing business, and attorney’s fees and costs.

 

HB 2334 by Hinojosa (D-Austin): Bars an investment firm from entering into an executory contract to purchase a single-family home that is listed for sale before the 30^th day after the date the home is listed. Makes a contract entered into before that date voidable by the seller.

 

HB 2527 by King (R-Canadian): Prohibits a registered lobbyist from representing a governmental entity, organization, or individual headquartered, under the control of, or domiciled in a designated country. Creates a criminal offense.

 

HB 2595 by Cain (R-Houston): Prohibits a school district or institution of higher education from conducting any exchange programs or entering into contracts with China, Iran, North Korea, Russia, or any entity or individual associated with them. Imposes a civil penalty of $50,000 for violations. Enforceable by the attorney general. Creates a first degree felony offense. Waives sovereign immunity.

 

HB 2628 by Leo-Wilson (R-Galveston): Prohibits a foreign organization or foreign government from purchasing or acquiring title to real property. Requires divestment of foreign-owned property by March 1, 2026.

 

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

 

HB 2968 by Talarico (D-Austin): Requires corporate owners of residential housing offered or used as rental property to register with the Secretary of State. Imposes a civil penalty of $500 per day for violations. Enforceable by the attorney general.

 

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

 

SB 103 by Hall (R-Edgewood)/HB 2389 by Kerwin (R-Glen Rose): Prohibits 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. Further prohibits a public entity from contracting with those parties. Referred to Senate State Affairs on 2/3.

 

SB 229 by West (D-Dallas): Prohibits a retailer seller of automobiles from raising the price of a vehicle if the prospective buyer pays for the vehicle from the buyer’s own funds or from a third-party loan from a lender unaffiliated with the seller. Further prohibits a seller from prohibiting a buyer from using those sources of payment. Bars the seller from making a false or misleading representation inconsistent with the statute. Referred to Senate Business and Commerce on 2/3.

 

SB 613 by Hinojosa (D-McAllen): Amends the Veterinary Practice Act to prohibit a private equity firm from acquiring an interest in a veterinarian’s practice unless each owner, partner, or shareholder of the firm holds a license to practice veterinarian medicine. Referred to Senate Water on 2/3.

 

SB 835 by Paxton (R-McKinney): Adds Chapter 129C, Civil Practice & Remedies Code, to make nondisclosure or confidentiality agreements of any kind void and unenforceable as against public policy to the extent that an agreement prohibits or limits a party from reporting or disclosing to anyone an act of sexual abuse against a child.

 

SB 934 by Hall (R-Edgewood): Requires the PUC to adopt a rule prohibiting the installation in or on an interconnected facility in ERCOT by a business entity of any critical electric grid equipment purchased from an organization associated with Iran, North Korea, Russia, or China or other country designated by the governor as a national security threat under § 117.003, Business & Commerce Code. Referred to Senate Business & Commerce on 2/13.

 

SB 1040 by Parker (R-Flower Mound)/HB 3874 by Hayes (R-Denton): Amends § 272.001, Business and Commerce Code, to make a construction contract between an original contractor and owner voidable if the owner does not, on written request, provide a copy of any incorporated document on or before the 10^th day before the date the contract is executed. Allows the owner to redact information in the document that is not incorporated into the contract. Imposes the same requirement on a contract between a subcontractor and an original contractor and on a contract between subcontractors. Provides that a contract provision is voidable only to the extent of its applicability to the incorporated document. Allows a party to provide the incorporated documents by a link to the document on an Internet website or file hosting service that may be accessed by the other party free of charge. Prohibits waiver of these requirements. Referred to Senate Business & Commerce on 2/24.

 

SB 1063 by Campbell (R-San Antonio): Prohibits a business entity or individual from selling agriculture property to an individual who is a foreign citizen. Referred to Senate State Affairs on 2/24.

 

SB 1067 by Middleton (R-Galveston): Bars an institution of higher education or an employee of an institution of higher education from accepting a grant from any individual or entity associated with a designated country. Referred to Senate Education K-16 on 2/24.

 

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

 

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

 

SB 1847 by Hughes (R-Tyler): Prohibits a governmental entity from using remote sensing technology or a transportation infrastructure system purchased or leased from a country or person designated by the governor as a foreign adversary.

 

SB 1912 by Eckhardt (D-Austin): Repeals Chapter 809 (state contracts with entities that boycott energy companies) and 2276 (local government contracts with entities that boycott energy companies), Government Code.

 

Health Care Liability

HB 216 by Harris Davila (R-Round Rock)/SB 669 by Hughes (R-Mineola)/SB 1270 by Hughes (R-Tyler): Subjects a health care provider to disciplinary action by the appropriate licensing board for failure to send a hard copy of an itemized bill to a patient who has not created a patient profile in a portal used to issue electronic bills. SB 669 referred to Senate Health and Human on 2/3. HB 216 referred to House Public Health on 2/27.

 

HB 607 by Flores (D-Austin): Prohibits a health care provider from refusing to provide a health care service to a patient on the basis of the patient’s age, race, disability, immigration status, sex, sexual orientation, or gender identity or expression. Bars a violater from receiving state funds. Referred to House Public Health on 3/4.

 

HB 742 by S. Thompson (D-Houston): Prohibits a hospital or freestanding emergency medical care facility from retaliating or discriminating against an employee who in good faith reports a suspected act of human trafficking. Referred to House Public Health on 3/5.

 

HB 855 by Harrison (R-Midlothian): Bars the Texas Medical Board of Board of Pharmacy from disciplining a physician or pharmacy who prescribes a drug approved for human use for an off-label use unless the agency proves beyond a reasonable doubt that the physician or pharmacy’s action physically injured the patient. Referred to House Public Health on 3/5.

 

HB 923 by Hernandez (D-Addison): Increases the size of the Texas Medical Disclosure Panel from 9 to 11 members, at least one of which must be a person board certified in personal injury trial law. Bars the appointment of a registered lobbyist, a health care provider or a provider’s spouse, or a person who works in a health-care related field, including insurance. Referred to House JCJ on 3/6.

 

HB 964 by Harrison (R-Midlothian): Prohibits the U.S. Food and Drug Administration from regulating a clinical laboratory when the lab is performing a lab-developed test on a pathogen or agent that is the basis for a federal emergency declaration or to diagnose the health condition that is the basis for the emergency declaration. Defines the lab as a state agency but bars a state agency from regulating the lab if it did not possess that authority prior to the declared emergency. Does not relieve a lab of any state or federal liability. Referred to House State Affairs on 3/6.

 

HB 975 by Harrison (R-Midlothian)/HB 984 by Bettencourt (R-Houston): 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. Referred to House Public Health on 3/6.

 

HB 994 by Harrison (R-Midlothian): Authorizes the Texas Medical Board to refuse to license a physician educated at certain foreign medical schools other than those located in Australia, Canada, Ireland, Israel, New Zealand, Singapore, South Africa, Switzerland, or the United Kingdom. Referred to House Public Health on 3/6.

 

HB 997 by Shaheen (R-Plano)/SB 471 by Sparks (R-Midland): Requires a telemedicine or telehealth provider licensed or certified in another state to register with the appropriate Texas licensing agency. Requires the provider to comply with the laws of Texas, maintain liability insurance as required by Texas law, consent to the jurisdiction of state courts, and be subject to disciplinary action by the appropriate Texas licensing agency. SB 471 referred to Senate State Affairs on 2/3. HB 997 referred to House Subcommittee on Disease, Women’s health on 3/6.

 

HB 1199 by Manuel (D-Port Arthur): Requires nursing facilities and assisted living facilities to install an operational emergency generator or comparable emergency power source and a sufficient amount of fuel to operate the generator or power source for 72 hours.

 

HB 1365 by A. Hernandez (D-Houston)/SB 168 by Menendez (D-San Antonio): Bars a mental health professional, in the course of providing services to a child, from attempting to change the child’s sexual orientation or gender expression or identity or to reduce the child’s attraction to a member of the same sex. SB 168 referred to Senate Health and Human on 2/3.

 

HB 1467 by Lalani (D-Sugar Land): Authorizes TDEM to impose an administrative penalty on an assisted living facility that fails to file a health and safety plan. Requires a licensed assisted living facility to be equipped with an operational emergency generator and sufficient amount of fuel for at least three days at a level necessary to power essential medical equipment of facility residents in an area of the facility of sufficient size to protect facility residents appropriate to their needs. Further requires facilities that maintain an installed unit locking device to restrict a resident’s ability to exit the powered area. Requires facilities to comply by 9/1/26. Requires facilities to prepare, maintain, and annually update a health and safety policy and plan and annually file the plan with TDEM and each local government agency responsible for emergency response services. Prohibits a facility from preventing or inhibiting a resident from or penalize a resident for communicating with law enforcement or a family members, social worker, or other interested person regarding the health and safety of facility residents. Prohibits a facility from preventing or inhibiting access to a common area of the facility to conduct a voluntary interview with a resident as part of an investigation. Imposes a civil penalty of not more than $1,000 per day, enforceable by the attorney general at the request of HHSC or TDEM.

 

HB 1559 by A. Hernandez (D-Houston): Establishes informed consent requirements and a judicial process for the treatment of foster children for intersex traits.

 

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

 

HB 1649 by Cain (R-Houston): Appears to require the Texas Medical Liability Trust to provide malpractice insurance to non-TMA members and dentists.

 

HB 1652 by Schatzline (R-Fort Worth): Gives a parent or legal guardian absolute authority to elect or decline cancer treatment for the parent or guardian’s child younger than age 18. Prohibits an insurer, governmental entity, or health care provider from penalizing a parent or guardian’s election.

 

HB 1685/HB 2038 by Oliverson (R-Cypress)/SB 881 by Sparks (R-Midland): Establishes a limited license to practice medicine for a physician graduate who works under the supervision of a sponsoring physician. Makes the sponsoring physician liable for the physician graduate’s malpractice. SB 881 referred to Senate Health & Human Services on 2/13.

 

HB 1771 by Schoolcraft (R-Universal City): Prohibits a pharmacist from substituting his personal judgment for the prescribing physician’s medical judgment, including if a prescription is being made for an off-label use.

 

HB 1791 by Bucy (R-Austin): Amends §§ 481.0736 and .0737, Health & Safety Code, to require a prescriber who prescribes an opioid for acute pain to also prescribe an opioid antagonist. Directs the prescriber to consider referring or prescribing other pain management services when issuing an opioid prescription. Provides for rulemaking and enforcement.

HB 1869 by Oliverson (R-Cypress)/SB 902 by Sparks (R-Midland): Bars a health care facility for refusing to accept an alternate board certification to practice in Texas that does not require an applicant to complete courses or training for performing a medical treatment not lawful in Texas. Requires revocation of a health care facility’s license for discriminating against a person with alternate board certification. SB 902 referred to Senate Health & Human Services on 2/13. Referred to House Trade, Workforce, and ECO Devo on 2/27.

 

HB 1984 by McQueeney (R-Fort Worth): Adds § 22.042, Penal Code, to impose criminal liability (a third degree felony) on a person who knowingly misrepresents the medical history of a child, elderly individual, or disabled individual to a health care institution or provider with the intent to obtain unnecessary medical treatment, and the unnecessary treatment results in bodily injury or mental injury.

 

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

 

HB 2072 by Hull (R-Houston): Adds § 74.252, Civil Practice and Remedies Code, to eliminate the statute of limitations for an action arising from withholding or withdrawing life-sustaining treatment in violation of an advanced directive under Chapter 166, Health & Safety Code. Adds § 72.304 to exclude actions arising from withholding or withdrawing life-sustaining treatment in violation of an advanced directive from the caps on noneconomic damages. Adds § 166.048(c) and (d), Health & Safety Code, to make it a first-degree felony for a person to withhold or withdraw life-sustaining treatment contrary to an advanced directive or the wishes of the patient or an authorized representative of the patient and  in violation of § 166.045(c) (refusal to comply with a directive and transfer to another provider who will) or § 166.046 (procedure for incompetent patients).

 

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

 

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

 

HB 2218/HB 2224 by A. Hernandez (D-Houston): Requires nursing facilities, assisted living facilities, and senior independent living communities with elevators to install an operational emergency generator or comparable emergency power source and a sufficient amount of fuel to operate the generator or power source for 48 hours. Imposes a civil penalty of $500 per violation. Attorney general enforcement.

 

HB 2264 by Schoolcraft (R-Universal City): Requires a health care professional responsible for discharging a patient from inpatient care for mental health, behavioral health, or substance abuse treatment to provide specified information to any health care professional who has treated the patient or to whom the patient is referred within 24 hours.

 

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

 

HB 2374 by Campos (D-San Antonio): Imposes significant new duties on long-term care facilities pertaining to the prevention and control of infectious diseases, including implementing a prevention and control program, designating a quality assurance committee, designating a primary and secondary infection preventionist with prescribed background, education, and training, and notification and mitigation requirements upon the outbreak of a communicable disease. Authorizes HHSC to impose unlimited administrative penalties on non-compliant facilities.

 

HB 2375 by Campos (D-San Antonio): Requires certification of a nursing facility for purposes of providing Alzheimer’s care. Mandates development of a state certification plan by HHSC to be phased in over the next decade.

 

HB 2376 by Campos (D-San Antonio): Prohibits a facility from providing personal care services to patients with Alzheimer’s or similar disorders without being classified by HHSC.

 

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

 

HB 2586 by Rodriguez Ramos (D-Dallas): Establishes minimum standards for pregnancy resource centers. Authorizes appropriate state agency to take disciplinary action for violations.

 

HB 2631 by Harris Davila (R-Round Rock): Prohibits a health care provider from charging a facility fee for telehealth services or telemedicine medical services. Authorizes HHSC to impose administrative penalties of $1,000 for violations. Provides that the statute does not create a private cause of action.

 

HB 2653 by Bhojani (D-Sugar Land): Adds § 821.005, Health & Safety Code, to prohibit declawing a cat. Authorizes the imposition of civil penalties. Attorney general enforcement.

 

HB 2676 by Goodwin (D-Austin): Requires various occupational license holders (chiropractors, massage therapists, barbers and cosmetologists to be trained in recognizing abnormal skin growths. Confers immunity from civil and criminal liability on a license holder for acting in good faith or failing to act in the practice of the profession or within the course and scope of the person’s employment with regard to an abnormal skin growth.

 

HB 2747 by Frank (R-Wichita Falls)/SB 1595 by Hancock (R-North Richland Hills): Requires a health care entity to submit written notice to the attorney general of a “material change transaction” (defined as a merger or other material change in ownership within a consecutive 12-month period) involving the entity at least 90 days before the change takes effect. Authorizes a civil penalty of up to $10,000 per violation for a failure to notify. Enforceable by the attorney general for the penalty, injunctive relief, and attorney’s fees and costs. Further empowers the attorney general to conduct market studies and require entities to provide requested information. Imposes an administrative penalty of up to $1,000 per day for failure to submit requested information. The Senate version requires annual reporting of material changes to the secretary of state, grants audit powers to the secretary of state, and imposes a civil penalty of $50,000 per violation for a failure to report or making a false report for independent health care providers or provider organizations without third-party ownership or control entities (and not more than 10 physicians and $10 million in annual revenue), and $500,000 for everyone else. Attorney general enforcement with attorney’s fees and costs.

 

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

 

HB 3176 by Virdell (R-Brady)/SB 1983 by Hall (R-Edgewood): Prohibits the manufacture, sale, or distribution of a product developed through the use of mRNA material in the prevention or treatment of a communicable disease.

 

HB 3321 by Oliverson (R-Cypress): Prohibits a health care entity or health care system from charging a facility fee for health care services provided at a location outside of a campus associated with the entity or system and outpatient services classified as a current procedural terminology code as performance of an evaluation and management procedure. Requires a health care entity that is an affiliate of or owned by a hospital or health care system and that charges a facility fee to provide patients with certain written disclosures. Requires the entity requesting payment from a patient to provide an itemized bill. Requires an entity or system that charges a facility fee to have a process by which a patient may apply for waiver. Requires the entity or system to submit an annual written report to the commission containing specified information regarding facility fees. Prohibits a health care entity from billing a patient or submitting a claim for reimbursement to the patient’s health benefit plan for services provided at a location outside the entity campus unless the biller claim includes the national provider identifier of the location Where the services were provided and uses the current version of the form CMS 1500 or 837P. Authorizes the commission to audit for compliance. Makes a violation of the statute or rule adopted under the statute a DTPA violation. Authorizes the commission to take disciplinary action against the health care entity for violations, including assessing an administrative penalty of $1000 or more, license suspension or revocation, and referral to the attorney general for a civil penalty. Allows the commission to recover investigative costs.

 

HB 3411 by Schatzline (R-Fort Worth): Bars a public school teacher from in any way promoting a student’s gender transition. Authorizes termination and license revocation. Creates a private cause of action with compensatory and punitive damages. Waives immunity.

 

HB 3415 by Bhojani (D-Euless): Makes it a deceptive practice to falsely describe hold out, or detail a health care professional’s credentials, training, expertise, specialty, or licensure. Requires advertising to correctly identify the health care professional by name and proper title. Further regulates advertising by a healing art practitioner. Authorizes the assessment of administrative penalties of up to $1,000 per day per violation by a healing art practitioner (ties in to existing penalties for other provider advertising).

 

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

 

HB 3455 by Shofner (R-Nacogdoches): Creates a private cause of action against a manufacturer or seller of an experimental drug for failing to disclose certain information to a consumer and to obtain informed consent. Awards a prevailing claimant compensator damages, including pain and suffering, punitive damages, and attorney’s fees and costs.

 

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

 

HB 3588 by Campos (D-San Antonio): Authorizes a competent adult to execute a written directive that requires diagnosis or treatment only by a physician. Prescribes a patient’s bill of rights based on the right to treatment by a physician. Establish requirements relating to informed consent and billing. Prohibits health care facilities or practitioners from abridging a patient right or violating a pertinent rule. Authorizes a state regulatory agency to assess an administrative penalty of $100 to $10,000 per violation per day. Bars deceptive or misleading statements or advertising regarding licensure status, education, training, or expertise. Authorizes disciplinary action by the appropriate licensing agency.

 

HB 3589 by Campos (D-San Antonio): Requires HHSC to license group homes. Directs the executive commissioner to prescribe minimum standards. Requires inspections and license suspension or revocation for violations.

 

HB 3600 by Barry (R-Pearland): Requires assisted living facilities adopt emergency preparedness and contingency operations plans. Requires facilities to designate a climate-controlled place of refuge for residents during a power outage or other emergency. Requires installation of backup generation. Ties into existing penalties.

 

HB 3708 by Oliverson (R-Cypress): Requires non-disproportionate share hospitals to screen patients for eligibility for financial assistance or charity care before sending a bill. Requires a hospital that makes an “incorrect determination” to refund the patient’s money and reimburse other costs, including legal expenses and fees. Requires HHSC to levy a $250,000 administrative penalty and to refer a third violation to the attorney general for revocation of hospital’s tax exemptions.

 

HB 3737 by Shofner (R-Nacogdoches): Bans COVID-19 vaccines containing mRNA material.

 

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

 

HB 3785 by Gervin-Hawkins (D-San Antonio): Imposes labeling requirements for compounded drug products.

 

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

 

HB 3865 by Turner (D-Arlington): Requires a group home or other residential facility licensed by HHSC to disclose in advertising whether it offers any health care services and to accurately identify them. Imposes a civil penalty of $10,000 per violation. Enforceable by the attorney general.

 

HB 3945 by Bumgarner (R-Flower Mound): Establishes additional licensing requirements for massage establishments and massage schools. Authorizes TDLR to prohibit massage establishments or schools in certain locations. Raises civil penalties for certain violations to $20,000 (from $10,000). Imposes a criminal penalty for certain violations.

 

HB 3957 by Schatzline (R-Fort Worth): Prohibits a health care practitioner or facility from refusing to provide an unimmunized child a treatment, procedure, or service, or otherwise discriminate against the child. Does not apply during an ongoing public health emergency for a specific infection. Authorizes a parent or guardian to file a complaint with the appropriate licensing authority. Imposes civil penalties against a provider of $5,000 for a second violation and $15,000 for subsequent violations, plus suspension or revocation of the provider’s or facility’s license. Imposes higher penalties against facilities. Bars a health benefit plan issuer from denying a participating provider’s claim provided to a child based on immunization status.

 

HB 3979 by Cain (R-Houston): Establishes licensing requirements for naturopathic physicians and creates a licensing board. Establishes a complaint procedure and gives the board disciplinary authority. Grants administrative penalty authority up to $200 per day. Grants civil penalty authority up to $200 per day, enforceable by the attorney general or a district or county attorney. Creates a criminal offense up to a third degree felony.

 

SB 95 by Hall (R-Edgewood): Requires a health care provider to obtain informed consent before administering a vaccine to a minor. Creates a new cause of action for minor who has an adverse reaction to an immunization administered without informed consent for actual damages of at least $5,000, investigative costs, court costs, witness fees, deposition expenses, and attorney’s fees. Exempts the cause of action from punitive damages standards under §§ 41.003 and 41.004, CPRC. Referred to Senate Health and Human on 2/3.

 

SB 120 by Hall (R-Edgewood): Requires a hospital to allow a physician who is not a member of the hospital’s medical staff to provide care or treatment to a patient at the hospital at the patient’s request. Provides that a hospital is not liable for damages resulting from treatment provided by a non-staff physician. Does not provide immunity for other hospital providers acting under the direction of a non-staff physician. Referred to Senate Health and Human on 2/3.

 

SB 123 by Hall (R-Edgewood): Holds the executive director of the Texas Medical Board civilly liable to a claimant, including a decedent’s estate, allegedly injured by a physician for failing to verify that the physician was eligible for a license, provided that the alleged conduct constitutes grounds for a health care liability claim under Chapter 74, CPRC, and involved the same type of conduct for which the physician was ineligible for the license. Requires the executive director to have committed gross negligence or intentional misconduct in failing to verify and that the physician was issued the license as a result of the failure to verify. Requires the executive director to review the National Practitioner Data Bank or Healthcare Integrity and Protection Data Bank and information from other state medical licensing agencies before verifying the accuracy of the information in the application. Referred to Senate Health and Human on 2/3.

 

SB 125 by Hall (R-Edgewood): Requires a hospital to allow an individual on whom a medical procedure is to be performed to provide an autologous or direct blood donation for the procedure if, not less than 72 hours before the procedure, the individual notifies the hospital and, for a direct blood donation, provides a list of eligible donors. Referred to Senate Health and Human on 2/3.

 

SB 128 by Hall (R-Edgewood): Requires a hospital to submit a monthly report to the HHSC Commissioner prescribed information about the prior month’s reports to DFPS regarding the abuse, exploitation, or neglect of a child. Imposes an administrative penalty on a sliding scale from $100 to $1000 per day of the violation. Referred to Senate Health and Human on 2/3.

 

SB 481 by Alvarado (D-Houston): Requires nursing facilities and assisted living facilities to install an operational emergency generator or comparable emergency power source and a sufficient amount of fuel to operate the generator or power source for 96 hours. Requires facilities to prepare and maintain emergency preparedness plans, which must be approved by HHSC. Authorizes HHSC to revoke a violator’s license. Referred to Senate Health and Human on 2/3.

 

SB 490 by Miles (D-Houston)/HB 513 by A. Johnson (D-Houston): Requires a hospital or ambulatory surgical center to adopt and implement a policy to reduce the risk of exposure to surgical smoke during surgical procedures through the use of a surgical smoke evacuation system. SB 490 referred to Senate Health and Human on 2/3. HB 513 referred to House Public Health on 3/3.

 

SB 619 by Sparks (R-Midland)/HB 2816 by Oliverson (R-Cypress): Allows a person to decline to participate in a health care service for reasons of conscience. Exempts emergency care or, except as otherwise by Chapter 166, Health and Safety Code, life-sustaining treatment. Grants immunity from civil or criminal liability for a physician or health care provider who declines to participate in a health care service wholly or partly for reasons of conscience. Prohibits a person from taking adverse action against another person because the person declines to participate in a health care service for reasons of conscience, including licensure, certification, employment, staff appointments or privileges, and various other actions. Requires a health care facility to develop a written protocol for circumstances in which a person declines to participate in providing a health care service. Bars the protocol from requiring a health care facility, physician, or health care provider to counsel or refer a patient to another physician or facility. Establishes a complaint process at the appropriate licensing agency. Creates a private cause of action for injunctive relief, actual damages for “psychological, emotional, and physical injuries resulting from a violation of this law,” court costs, and attorney’s fees. Referred to Senate Health and Human on 2/3.

 

SB 699 by West (D-Dallas): Subjects in-patient rehabilitation facilities to licensing and regulation by HHSC. Imposes civil and administrative penalties. Referred to Senate Health and Human on 2/3.

 

SB 754 by Middleton (R-Galveston)/HB 3472 by Olcott (R-Aledo): Adds Chapter 174, Health and Safety Code, to prohibit a health care provider from coercing or compelling an individual lawfully residing in Texas into obtaining a health care service contrary to the individual’s preference (but an individual “unlawfully” residing in Texas). Requires a provider to obtain informed consent before providing a health care services to a lawful resident (an individual coerced or compelled to receive a service is not considered to have capacity to consent). Prohibits a person from taking an adverse action against a person who refuses or fails to obtain a health care service, including a vaccine. Exempts a person employed, working in, or training in a health care facility from receiving a health care service if the person orally or in writing requests an exemption based on a sincerely held religious belief or a recognized medical condition for which the service is contraindicated. Authorizes the attorney general to obtain injunctive relief, investigative costs, attorney’s fees, witness fees, and deposition expenses to enforce the statute. Authorizes a private cause of action for a civil penalty of not less than $5,000 plus investigative costs, attorney’s fees, witness fees, and deposition expenses to a prevailing party. Provides an affirmative defense if the individual stated to the practitioner in advance of the service that consent was voluntarily provided. Referred to Senate State Affairs on 2/7.

 

SB 761 by Hinojosa (D-McAllen)/HB 1953 by S. Thompson (D-Houston): Requires a health care facility that is required to offer a victim the opportunity to have an advocate from a sexual assault program to be present during a medical forensic examination to document whether it extended the offer to the victim, whether an advocate was available at the time of the examination, and, if the offer was not extended, the reason therefor. Imposes civil liability on a facility that fails to make the offer or otherwise prevents the victim from gaining access to an advocate in the amount of $1,000 per violation, as well as removal from the SAFE program. Enforcement by the attorney general. SB 761 referred to Senate Criminal Justice on 2/7.

 

SB 842 by Schwertner (R-Georgetown): Provides immunity for a ringside physician at a combative sports event. Does not apply to the physician’s gross negligence. Heard in Senate Business & Commerce on 2/18 and left pending.

 

SB 883 by Paxton (R-McKinney): Immunizes a physician from state regulation or disciplinary action for prescribing for off-label use a prescription drug to treat COVID-19. Bars a state or private cause of action against a manufacturer of a prescription drug that is used off-label to treat COVID-19. Referred to Senate Health & Human Services on 2/13.

 

SB 916 by Zaffirini (D-Laredo): Amends § 773.061, Health & Safety Code, to give the DHS the authority to revoke, suspend, or refuse to renew a license or certificate of an emergency services provider for violations of statutory billing requirements. Referred to Senate Health & Human Services on 2/13.

 

SB 1010 by Middleton (R-Galveston)/HB 2945 by Leo-Wilson (R-Galveston): Requires freestanding emergency medical care facilities to submit reports to HHSC on each patient stay that exceeds 48 hours. SB 1014 referred to Senate Health and Human Services on 2/24.

 

SB 1038 by Sparks (R-Midland)/HB 2886 by Noble (R-Allen): Broadens the Medicaid qui tam statute by allowing a bounty hunter up to 5% of any remedy recovered by HHSC (current law limited to administrative penalty). Eliminates the requirement that proof of specific intent be shown in a civil or administrative action for Medicaid fraud. Lowers the threshold for a “knowing” violation of the statute to three elements: (1) knowledge of the information; (2) conscious indifference to the truth or falsity of the information; and (3) reckless disregard (current standard is presenting to the commission information a person knows or should know is false). Broadens the definition of a “violation” to reflect the lower standard of “knowingly” and to include a false statement, misrepresentation, or omission of material information (current standard is presenting to the commission information a person knows or should know is false). Adds ten more violations to the statute, including new violations by hospitals, hospices, and nursing homes of all types. Raises maximum amount of administrative penalty to the maximum dollar amount allowable by federal law if that amount exceeds the current caps and provides that each day of a violation is a separate violation. Referred to Senate Health and Human Services on 2/24.

 

SB 1098 by Blanco (D-El Paso): Requires a pharmacist to disclose to a customer the lowest cash price at that pharmacy for the drug or biological product prescribed to the customer. Referred to Senate Health and Human Services on 2/24.

 

SB 1139 by Miles (D-Houston): Requires senior independent living centers to contract with an outside vendor to maintain the operability of elevators and related equipment within 72 hours of an outage. Authorizes administrative penalties for violations of $1,000 per day for the first five days and $5,000 per day after that. Referred to Senate Health and Human Services on 2/24.

 

SB 1275 by Menendez (D-San Antonio): Subjects crisis nursery facilities to state regulation (authorizes administrative penalties). Referred to Senate HHS on 2/28.

 

SB 1368 by Miles (D-Houston): Mandates that assisted living facilities and nursing facilities to promulgate and implement emergency response plans that require the facility to maintain a temperature between 68 and 82 degrees. Authorizes penalties for violations. Referred to Senate HHS on 3/6.

 

SB 1472 by Hall (R-Edgewood): Requires assisted living facilities to develop and implement policies for providing each resident with an opportunity to designate an advocate for whom the facility will provide meaningful in-person access to the resident, specifically during the resident’s final days of life, regardless of any declared public health disaster.

 

SB 1500 by Alvarado (D-Houston): Immunizes a health care provider from civil liability for issuing a written protocol for a nonprescription drug for a recipient that includes a list of each known contraindication. Immunizes from liability a pharmacist, pharmacy, or pharmacy technician for providing a nonprescription drug in accordance with such written protocol. Referred to Senate HHS on 3/6.

 

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

 

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

 

SB 1887 by Sparks (R-Midland): Bars the administration of a vaccine containing mRNA material. Does not apply to a product containing mRNA material used for treating cancer or a genetic disorder. Expires 9/1/2035.

 

SB 1986 by Hall (R-Edgewood): Requires warning labels on a bottle or container containing an opioid.

 

Judicial Matters/Practice of Law

SJR 27 by Huffman (R-Houston): Amends § 1-A, Art. V, Texas Constitution, to change the composition of the State Commission on Judicial Conduct as follows: two judges drawn from the Court of Criminal Appeals, district courts, county courts at law, or constitutional county courts appointed by SCOTX with the advice and consent of the Senate (current law is one court of appeals justice); two members of the State Bar of Texas with at least 10 years of practice appointed by the State Bar Board of Directors with the advice and consent of the Senate (same as current law); seven non-lawyer citizens appointed by the governor with the advice and consent of the Senate (current law is five non-lawyer members appointed by the State Bar Board of Directors); and two members who serve as Justices of the Peace or municipal court judges appointed by SCOTX with the advice and consent of the Senate (current law is one JP and one municipal court judge appointed by the governor). Eliminates the authority of the Commission to issue private admonitions, warnings, or reprimands. Requires the Commission to suspend from office a judge or justice under a state or federal indictment for a felony offense or a misdemeanor involving official misconduct. Authorizes the Commission to recommend to SCOTX suspension with or without pay for misconduct. SJR 27 referred to Senate State Affairs on 2/3.

SJR 13/SB 221 by West (D-Dallas)/SJR 64 by Zaffirini (D-Laredo): Repeals the authority of the State Commission on Judicial Conduct to issue private reprimands. Referred to Senate State Affairs on 2/3.

SB 293 by Huffman (R-Houston)/HB 1761 by Leach (R-Plano)/HB 2064 by Holt (R-Silsbee): Amends Chapter 33, Government Code (State Commission on Judicial Conduct) as follows:

• Amends § 33.001(b) to add a judge’s failure to meet deadlines set by statute or binding court order to the list of “wilful or persistent conduct.”
• Amends § 33.001(b) to add to the definition of “wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties” a “persistent or wilful violation of Article 17.15, Code of Criminal Procedure” (setting bail).
• Amends § 33.0211 to allow a complainant to submit additional documentation supporting the complaint not later than 45 days after the date the person filed the complaint.
• Adds § 33.02115 to authorize the commission to assess an administrative penalty against a person who knowingly files a false complaint.
• Amends § 33.0212 to require commission staff to conduct a preliminary investigation upon receipt of a complaint and draft recommendations for action; provide to the judge written notice of the complaint, the results of the preliminary investigation, and the staff’s recommendation; requires the staff, not later than the 10^th business day before a scheduled commission meeting, to provide a report to the commission listing each complaint for which a preliminary investigation has been conducted by that the investigation report has not been finalized, the results of the preliminary investigation, and the staff’s recommendation; requires the commission to finalize the investigation report not later than the 120^th date following the date of the first commission meeting at which a complaint appeared in the staff report and to determine any action to be taken; provide the judge with written notice of the action within 5 days of the meeting and to post notice of the action on the commission’s website within 7 days after the meeting; permits an extension by the commission of up to 240 days (current law is 270 days); eliminates the executive director’s authority to request an additional 120 days extension.
• Amends § 33.0213 to authorize the commission to issue a sanction or censure regarding a complaint that is also the subject of a law enforcement investigation, provided the commission’s investigation would not jeopardize the law enforcement investigation.
• Amends § 32.022 to allow the staff to recommend the commission dismiss a complaint it finds unfounded or frivolous or to terminate an investigation if the staff determines administrative deficiencies in the complaint preclude further investigation.
• Amends § 33.034 to provide that if the commission issues a public reprimand based on the judge’s persistent or wilful violation of Art. 17.15, Code of Criminal Procedure, the commission shall send notice to the governor, lieutenant governor, speaker, presiding officers of the relevant legislative committees, the chief justice of SCOTX, the OCA, and the presiding judge of the relevant administrative judicial region.
• Amends § 33.037 to require the commission to recommend a judge’s suspension to SCOTX within 21 days of initiating a formal proceeding against a judge based on Art. 17.15.
• Adds § 72.0396, Government Code, to require a district court judge to submit quarterly reports to the presiding judge of the administrative region attesting to: (1) the number of hours the judge presided over the judge’s court; (2) the number of hours the judge performed judicial duties other than presiding, including case-related duties, administrative tasks, and completed continuing education. Requires the presiding judge of the region to submit the reports to OCA. Requires OCA to make an annual report to the governor, lieutenant governor, speaker, and presiding officers of the relevant committees. Directs SCOTX to adopt rules providing guidelines and instruction regarding reporting, including rules establishing a penalty for submission of false information and providing guidance on the form and manner of reporting.
• Amends § 74.055(c), Government Code, to allow a retired or former judge to be listed as a visiting judge if a special court of review reviewed and rescinded a reprimand or censure, unless the judge has received more than one public sanction (excluding sanctions reviewed and rescinded by a special court of review).
• Amends § 665.052(b), Government Code, to add to the definition of “incomptency” a “persist or wilful violation of Article 17.15, Code of Criminal Procedure.”
• Amends § 814.103, Government Code, to provide that any increase in the state base salary paid to a district judge does not apply to a standard service retirement annuity for a retiree or beneficiary if the retiree retired before 9/1/25, and the amount of the state base salary in the current appropriations bill continues to apply until the 90^th Legislature or a later legislature enacts legislation increasing the base salary, at which point this provision sunsets. Makes a similar amendment to § 834.102. Referred to Senate Finance on 2/3.

 

HB 797 by Leach (R-Plano): Amends Chapter 33, Government Code (State Commission on Judicial Conduct) as follows:

• Amends § 33.001(b) to add to the definition of “wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties” a “persistent or wilful violation of Article 17.15, Code of Criminal Procedure” (setting bail).
• Amends § 33.0212 to require commission staff to conduct a preliminary investigation upon receipt of a complaint and draft recommendations for action; provide to the judge written notice of the complaint, the results of the preliminary investigation, and the staff’s recommendation; requires the staff, not later than the 10^th business day before a scheduled commission meeting, to provide a report to the commission listing each complaint for which a preliminary investigation has been conducted by that the investigation report has not been finalized, the results of the preliminary investigation, and the staff’s recommendation; requires the commission to finalize the investigation report not later than the 120^th date following the date of the first commission meeting at which a complaint appeared in the staff report and to determine any action to be taken; provide the judge with written notice of the action within 5 days of the meeting and to post notice of the action on the commission’s website within 7 days after the meeting; permits an extension by the commission of up to 240 days (current law is 270 days); eliminates the executive director’s authority to request an additional 120 days extension.
• Amends § 33.0213 to authorize the commission to issue a sanction or censure regarding a complaint that is also the subject of a law enforcement investigation, provided the commission’s investigation would not jeopardize the law enforcement investigation.
• Amends § 33.034 to provide that if the commission issues a public reprimand based on the judge’s persistent or wilful violation of Art. 17.15, Code of Criminal Procedure, the commission shall send notice to the governor, lieutenant governor, speaker, presiding officers of the relevant legislative committees, the chief justice of SCOTX, the OCA, and the presiding judge of the relevant administrative judicial region.
• Amends § 33.037 to require the commission to recommend a judge’s suspension to SCOTX within 21 days of initiating a formal proceeding against a judge based on Art. 17.15.
• Amends § 74.055(c), Government Code, to allow a retired or former judge to be listed as a visiting judge if a special court of review reviewed and rescinded a reprimand or censure, unless the judge has received more than one public sanction (excluding sanctions reviewed and rescinded by a special court of review).
• Amends § 665.052(b), Government Code, to add to the definition of “incomptency” a “persist or wilful violation of Article 17.15, Code of Criminal Procedure.”

Referred to House JCJ on 3/5.

 

SB 1574 by Zaffirini (D-Laredo): Adds § 71.040, Government Code, to direct the Texas Judicial Council by rule to develop a centers of excellence program to identify, support, and recognize justices and judges “who excel in serving their communities and in representing the judiciary.” Entitles a justice or judge recognized as a center of excellence a merit payment equal to five percent of the justice’s or judge’s annual base salary. Referred to Senate Finance on 3/6.

 

SB 1576 by Zaffirini (D-Laredo): Adds Subchapter A, Chapter 54, Government Code, to generally require at least five years of law practice in Texas (current law is four years) to be appointed as a master, magistrate, referee, or associate judge.

 

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

 

HB 1329 by Vasut (R-Angleton)/SB 329 by Huffman (R-Houston): Creates two new district courts in Brazoria County. SB 329 referred to Senate Jurisprudence on 2/3.

 

HB 1363 by Hernandez (D-Houston): Requires judicial officers and court personnel to have implicit bias training. Requires the court of criminal appeals to approve courses. Requires attorneys to take state bar-approved CLE courses on implicit bias.

 

HB 1387 by Virdell (R-Brady): Allows a person with at least two years of practical experience in the legal field (i.e., paralegals, “apprentices”) to sit for the bar exam.

 

HB 1428 by Metcalf (R-Conroe): Repeals § 25.1723(c), Government Code, to eliminate the Montgomery County statutory probate courts’ concurrent jurisdiction in eminent domain cases.

 

HB 1469 by VanDeaver (R-New Boston): Gives a Bowie County court at law concurrent jurisdiction with a district court in specialty court programs, misdemeanor cases, family law cases, and probate and guardianship. Raises the jurisdictional limit for civil cases from $200,000 to $250,000, as provided by § 25.0003, Government Code, but requires a 12-person jury for those cases.

 

HB 1528 by Gervin-Hawkins (D-San Antonio): Adds Subchapter E, Chapter 82, Government Code, to authorize the supreme court to adopt rules “relating to an individual’s eligibility for examination for issuance of a legal paraprofessional license and to the manner in which the examination is conducted.” Directs the Board of Law Examiners to vet qualifications of each candidate for licensure. Establishes eligibility requirements. Requires an attorney to supervise each licensee for up to one year. Allows a licensee to practice in JP courts without attorney supervision.

 

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

 

HB 1749 by Darby (R-San Angelo)/SB 304 by Perry (R-Lubbock): Amends § 29.003, Government Code, to authorize the governing body of a municipality to provide that a municipal court has jurisdiction over the enforcement of municipal ordinances related to health and safety and nuisance abatements. Grants concurrent jurisdiction to municipal courts with district courts for municipally-owned property in the ETJ. Authorizes the municipal court to issue pertinent search warrants and seizure warrants.

 

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

 

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

 

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

 

HB 2169 by Slawson (R-Stephenville): Adds § 81.015(b), Government Code, to bar the state bar from granting an exclusive license or lease of the state bar’s intellectual property without offering a standard contract with identical terms to all interested parties.

 

HB 2247 by Garcia (D-San Antonio): Authorizes a commissioners court to establish a family violence specialty court for persons who have been arrested for, charged with, or convicted of a misdemeanor offense in which an element is family violence.

 

HB 2287 by Oliverson (R-Cypress): Adds Chapter 108A, CPRC, to create a cause of action by a violent crime victim against a judge or magistrate who released an offender on a personal bond in violation of statute. Imposes maximum damages of $10 million. Waives judicial immunity.

 

HB 2322 by Schofield (R-Katy): Indexes the base salary of a district or business court judge by the consumer price index.

 

HB 2386 by Gervin-Hawkins (D-San Antonio)/HB 2624/HB 2707 by Gervin-Hawkins (D-San Antonio): Authorizes SCOTX to adopt rules for licensing legal paraprofessionals. Establishes educational and eligibility standards. Specifies the types of legal practice a paraprofessional may conduct without the supervision of an attorney. Directs SCOTX to adopt a code of professional conduct for legal paraprofessionals.

 

HB 2401 by Munoz (D-Mission): Expands the jurisdiction of county courts at law in Hidalgo County to all civil cases (currently capped at $750,000 in dispute) and criminal cases.

 

HB 2661 by McLaughlin (R-Uvalde): Expands the jurisdiction of the county court at law in Atascosa County to include civil cases in which the matter in controversy does not exceed $1 million, exclusive of interest, statutory or punitive damages, and attorney’s fees, and costs, including a suit to decide the issue of title to real property, for the enforcement of a lien on real property, of the right to property valued at $500 or more that has been levied under a writ of execution, sequestration, or attachment, and for recovery of real property. Makes a county court at law judge in the county eligible for assignment to the district court.

 

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

 

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

 

HB 2799 by Dutton (D-Dallas): Excludes from the Office of Court Administration’s performance measures reporting family law cases and all civil cases in counties with a population of 2 million or more.

 

HB 3226 by Metcalf (R-Conroe): Repeals the jurisdiction of statutory probate courts in Montgomery County over eminent domain cases.

 

HB 3286 by Cain (R-Houston): Abolishes the Commission on Uniform State Laws.

 

HB 3393 by Vasut (R-Angleton)/SB 1796 by Middleton (R-Galveston): Amends the Code Construction Act (Ch. 311, Government Code) to prohibit a court from referring to legislative intent in the construction of a statute.

 

HB 3600 by DeAyala (R-Houston)/HB 3873 by A. Johnson (D-Houston): Creates five new district courts in Harris County, each to give preference to civil matters.

 

HB 3718 by Frank (R-Wichita County): Expands the jurisdiction of the Wichita County courts at law to include estate proceedings, civil cases up to $200,000, and appeal from justice courts.

 

HB 3819 by Johnson (D-Houston): Requires a probate court to give each party to an uncontested probate proceeding the option and ability to attend the proceeding remotely.

 

SB 133 by Hall (R-Edgewood): Amends § 81.075, Government Code, to authorize the supreme court, on its own motion or the motion of the respondent attorney, to order a stay and reconsider the finds of the chief disciplinary counsel, place the complaint on a dismissal docket, or affirm the finding of just cause. Provides that the filing of a motion to stay does not affect the filing deadline or other time prescribed for a trial or hearing. Provides that if the supreme court does not grant or deny a motion for stay on or before the 45th day of filing, the motion is considered denied. SB 133 referred to Senate State Affairs on 2/3.

 

SB 302 by Perry (R-Lubbock): 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 2/3.

 

SB 304 by Perry (R-Lubbock): Authorizes the governing body of a municipality to adopt an ordinance granting a municipal court jurisdiction over the enforcement of health and safety and nuisance abatement ordinances. Referred to Senate Local Government on 2/3.

 

SB 311 by Hughes (R-Mineola): Prohibits SCOTX from issuing a writ against the governor. SB 311 referred to Senate State Affairs on 2/3.

 

SB 328 by Huffman (R-Houston): Creates two new district courts in Fort Bend County. Referred to Senate Jurisprudence on 2/3.

 

SB 387 by Zaffirini (D-Laredo): Raises the personal bond required of a judge presiding in the court over guardianship proceedings to $500,000. Referred to Senate Jurisprudence on 2/3.

 

SB 474 by Middleton (R-Galveston): Requires a court to revoke the law license of a prosecuting attorney who has committed certain official misconduct involving refusal to enforce a type or class of criminal offense. Referred to Senate State Affairs on 2/3.

 

SB 496 by Sparks (R-Midland)/HB 2360 by Fairly (R-Amarillo): Expands the concurrent jurisdiction of Potter County courts at law in felony cases to conduct arraignments and pretrial hearings and to accept pleas in uncontested cases (currently only Potter County Court at Law No. 1 has this jurisdiction). SB 496 referred to Senate Jurisprudence on 2/3.

 

SB 664 by Huffman (R-Houston): Establishes uniform practice, qualification, and residency requirements for appointment as a master, magistrate, referees, associate judges, and hearing officers. Requires training on bail requirements. Directs the local administrative judge to enforce standards and report violations. Referred to Senate Criminal Justice on 2/3.

 

SB 866 by Alvarado (D-Houston): Adds § 22.110(b-1), Government Code, to exempt judicial training requirements pertaining to family violence, sexual assault, human trafficking, or child abuse and neglect a judge or judicial officer, including an associate judge, who files an affidavit that the judge or officer does not hear cases involving those matters. Referred to Senate Criminal Justice on 2/13.

 

SB 873 by Birdwell (R-Granbury)/SB 987 by Bettencourt (R-Houston): Adds § 571.171(d), Government Code, to exempt a criminal enforcement action by the Texas Ethics Commission from the requirement of exhaustion of remedies and vests jurisdiction in the appropriate district court for the initiation of such actions. Referred to Senate State Affairs on 2/13.

 

SB 944 by Hughes (R-Tyler): Amends the Code Construction Act (Ch. 311, Government Code) and Administrative Procedures Act (Ch. 2001, Government Code) to provide that a court is not required to give deference to a state agency’s interpretation of a statute, though a court may consider the agency’s interpretation if it is reasonable and does not conflict with the plain language of the statute. Provides for de novo review of an appeal involving the interpretation of a statutory or constitutional provision without giving deference to a state agency’s interpretation. Referred to Senate Business & Commerce on 2/13.

 

SB 982 by Hughes (R-Tyler): Allows a property owner to appeal an ARB order relating to the appraised value of the property, inequality of appraisal, or eligibility for an exemption in a justice court (rather than district court) if the amount of taxes due on the portion of property that is in dispute is $20,000 or less. Referred to Senate Local Government on 2/13.

 

SB 989 by Bettencourt (R-Houston): Adds Subchapter A, Chapter 54, Government Code, to require an applicant for appointment or employment in a court as a master, magistrate, referee, associate judge, or other court official who assesses or determines bail to have a criminal history check. Referred to Senate Criminal Justice on 2/13.

 

SB 992 by Nichols (R-Jacksonville): Requires the attorney general to approve or deny a contract for legal services submitted by a state agency not later than the 25^th day after receipt. Requires the attorney general to state the reasons for denying approval. Heard in Senate State Affairs on 2/24.

 

SB 1015 by Zaffirini (D-Laredo): Amends § 22.00212, Government Code, to direct the comptroller to rebate excess statutory probate court fees on a proportional basis. Referred to Senate Jurisprudence on 2/24.

 

SB 1064 by Hall (R-Edgewood): Creates the 503^rd District Court in Rockwall County. Referred to Senate Jurisprudence on 2/24.

 

SB 1073 by Hughes (R-Tyler)/HB 2969 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. Heard in Senate State Affairs on 3/3.

 

SB 1210 by Hughes (R-Tyler)/ HB 933 by Spiller (R-Jacksboro): Provides that the supreme court has appellate jurisdiction to finally resolve a conflict between the supreme court and court of criminal appeals regarding the interpretation of a provision of the Texas Constitution on the submission of a writ of certiorari to the court by a party to any proceeding in any court in the state or certification of a question of law from any federal court. SB 1210 referred to Senate State Affairs on 2/28. HB 933 referred to House JCJ on 3/6.

 

SB 1220 by Hughes (R-Tyler): Adds § 23.002, Government Code, to provide that exhaustion of civil or administrative remedies is not a prerequisite to vesting in a trial court subject matter jurisdiction over a criminal action over which the trial court would otherwise have jurisdiction under other law. Heard in Senate State Affairs on 3/6.

 

SB 1222 by Hughes (R-Tyler): Allows a former or retired justice of an appellate court to be assigned to a statutory probate court. Referred to Senate Jurisprudence on 2/28.

 

SB 1397 by Hall (R-Edgewood): Creates the 504^th Judicial District composed of Ellis County. Referred to Senate Jurisprudence on 3/6.

 

SB 1607 by Campbell (R-San Antonio): Creates the 511^th District Court composed of Comal County.

 

SB 1719 by Hughes (R-Tyler): Repeals § 22.004(c), Government Code, which provides that a rule adopted by the Supreme Court repeals all conflicting laws and parts of laws governing practice and procedure in civil actions.

 

SB 1880 by Schwertner (R-Georgetown): Creates the 512^th District Court in Williamson County.

 

SB 1996 by Zaffirini (D-Laredo): Raises the jurisdictional limit for county courts at law from $250,000 to $325,000.

 

SB 2005 by King (R-Weatherford): Provides that SCOTX rules may not interfere with an appointed or elected official acting within the scope of the official’s constitutional or statutory duties.

 

Eminent Domain

 

HB 243 by Spiller (R-Jacksboro): Authorizes the attorney general to initiate an eminent domain proceeding to acquire real property owned by an alien or foreign entity relating to critical infrastructure if the attorney general has reason to believe and shows that the real property is being used in a manner that violates state or federal law or creates a risk to the state’s critical infrastructure. Gives the General Land Office control and management of condemned property. Referred to House State Affair on 2/27.

 

HB 546 by C. Bell (R-Magnolia): Amends § 23.56, Tax Code, to qualify land for appraisal as open-space land if the land is owned by an entity other than the state or political subdivision that acquired the land by condemnation. Referred to House Subcommittee on Property Tax Appraisals on 3/3.

 

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

 

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

 

HB 2706 by Zwiener (D-Driftwood): Amends § 21.02(a), Property Code, to block a condemnor from taking possession of the property for 180 days from the date of the special commissioners’ award, unless the parties agree otherwise. Permits a city, irrigation district, water improvement district, or water power control district to take immediate possession if it pays or deposits the amount of the award.

 

SB 291 by Schwertner (R-Georgetown): Amends §21.0111(a), Property Code, to make the entity liable for the property owner’s attorney’s fees if the entity fails to disclose all appraisal reports produced or acquired by the entity relating specifically to the owner’s property in the 10 years preceding the date of the offer. Referred to Senate State Affairs on 2/3.

 

SB 292 by Schwertner (R-Georgetown): Amends § 402.031(c), Government Code, to add to the LOBR: the condemning entity’s responsibility for any damages arising from the survey, the property owner’s option to refusing permission for the entity to enter the property for the survey, the property owner’s right to negotiate the terms of the entry, and the entity’s right to sue for a court order authorizing the entry. Further requires the entity (other than TXDOT) that makes an initial offer that includes real property that the entity does not seek to acquire by condemnation to separately identify such property in the initial offer and make a separate offer for such property. Adds § 21.01101, Property Code, to require a survey permission form to state that the owner has a right to refuse, that the entity has a right to sue for entry, that the owner has a right to negotiate terms of entry, and that the entity has a responsibility for damages. Amends § 21.0112(a), Property Code, to require provision of the LOBR at the time the entity makes the initial offer. Adds § 21.0115, Property Code, to require the entity (other than TXDOT) that makes an initial offer that includes real property that the entity does not seek to acquire by condemnation to separately identify such property in the initial offer and make a separate offer for such property. Referred to Senate State Affairs on 2/3.

 

SB 316 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. Referred to Senate Border Security on 2/3.

 

SB 363 by Eckhardt (D-Austin): Amends § 21.041, Property Code, to require special commissioners to admit evidence of the market value of the property’s highest and best use without consideration of the property’s conservation easement status. Provides that if the entire tract or parcel that is subject to a conservation easement is condemned, the damage to the property is the market value of the property’s highest and best use without consideration of the easement. Provides that if part of a tract subject to a conservation easement is condemned, the commissioners shall determine damage by estimating the extent of the injury and benefit to the owner based on the property’s highest and best use without the easement status and including the effect of the taking on the owner’s remaining property, based on the remainder’s highest and best use without consideration of the easement. Referred to Senate Economic Development on 2/3.

 

Dobbs/SB 8/Obergefell/LGBTQ

HB 239 by Swanson (R-Spring)/SB 240 by Middleton (R-Galveston): Requires a political subdivision or state agency to mandate that each private space located within a facility owned, operated, or controlled by the entity be designated for and used only by persons based on the persons’ biological sex. Imposes a civil penalty of $5,000 for the first violation and $25,000 for a second and subsequent violations. Authorizes a citizen to file a complaint with the attorney general. Provides that no court can hear a claim or counterclaim challenging the constitutionality of the statute or declare the statute unconstitutional. Makes any party challenging the validity of the statute in federal or state court jointly and severally liable for the prevailing party’s attorney’s fees and costs. SB 240 referred to Senate State Affairs on 2/3. HB 239 referred to House State Affairs on 2/27.

 

HB 257 by Howard (D-Austin)/SB 256 by Alvarado (D-Houston): Amends § 170A.002, Health & Safety Code, to make an exception to the abortion ban if in the physician’s best medical judgment, an abortion is: (A)  medically indicated; (B)  necessary to preserve the pregnant patient’s life; (C)  necessary to preserve the pregnant patient’s physical or mental health, including preservation of the patient’s fertility; (D)  requested because of a lethal fetal anomaly or diagnosis; or (E)  requested because of a life-limiting diagnosis that indicates the existence of the fetus outside the womb is incompatible with life without extraordinary medical Interventions. Prohibits a medical review process from overriding a decision by the physician and patient to have an abortion under the statute. SB 256 referred to Senate State Affairs on 2/3. HB 257 referred to House Public Health on 2/27.

 

HB 395 by Howard (D-Austin)/HB 965 by Hernandez (D-Addison)/SB 257 by Alvarado (D-Houston): Exempts from prohibition on abortion if the pregnant person indicates that the pregnancy resulted from rape or incest. SB 257 referred to Senate State Affairs on 2/3. HB 395 referred to House Public Health on 2/28. HB 965 referred to House Public Health on 3/6.

 

HB 585 by Goodwin (D-Austin): Bars the state, local governments, and state and local officials from prohibiting or unreasonably limiting an individual from accessing an assistive reproductive technology treatment or proceeding, continuing or completing such treatment under a written plan or agreement with a health care provider, or retaining all rights regarding the use of the individual’s reproductive genetic material, including gametes. Further bars prohibiting or limiting a health care provider from providing treatment or providing evidence-based information about procedures. Bars prohibiting a health benefit plan issuer from covering an assistive reproductive technology treatment or procedure. Establishes a cause of action for injunctive relief against the state or local government or official for violations, which may be brought by the attorney general, a person adversely affected by the violation, or a health care provider on the provider’s behalf or the on behalf of the person adversely affected by the violation. Requires a court to award a claimant costs and attorney’s fees. Referred to House JCJ on 3/3.

 

HB 653 by Howard (D-Austin): Prohibits the state or a local governmental agency from preventing or restricting an individual from buying or using a contraceptive or seeking information on contraceptives, including emergency contraceptives. Referred to House Public Health on 3/4.

 

HB 843 by Harrison (R-Midlothian): Prohibits state funds from being used for gender reassignment. Referred to House State Affairs on 3/4.

 

HB 903 by Moody (D-El Paso)/ HB 1738 by V. Jones (D-Dallas): Repeals the offense of homosexual conduct. Referred to House Criminal Jurisprudence on 3/6.

 

HB 938 by Toth (R-The Woodlands)/HB 1075 by Schatzline (R-Fort Worth): Adds Chapter 100B, CPRC, to create a cause of action by an individual who attends a drag performance as a minor against a person who knowingly promotes, conducts, or participates as a performer if the performance violates the prevailing standard in the adult community for content suitable for minors and he person fails to take reasonable steps to restrict access to the performance by minors. Allows recovery of actual damages for psychological, emotional, economic, and physical harm, attorney’s fees and costs, and statutory damages of $5,000. Bars defending the claim on the basis that the minor’s parent or guardian accompanied the minor. Referred to House State Affairs on 3/6.

 

HB 991 by Toth (R-The Woodlands): Prohibits virtually all dissemination and uses of abortion-inducing drugs in Texas, no matter where they are sourced. Creates a wrongful death cause of action for any person. Creates apportioned liability among all manufacturers of abortion-inducing drugs if the claimant cannot identify which manufacturer made the drug. Applies to the use of the drug by a Texas resident even in other states or countries. Creates a no-injury cause of action for actual damages, statutory damages, costs, and attorney’s fees. Creates a cause of action against web browsers that permit Texas residents to access information about abortion-inducing drugs. Imposes new duties on websites advertising abortion-inducing drugs. Penalizes persons who challenge these provisions by shifting the cost of litigation. Creates a cause of action against a judicial officer who bars enforcement of these provisions. Referred to House State Affairs on 3/6.

 

HB 1004 by Toth (R-The Woodlands)/SB 846 by Hughes (R-Tyler): Requires the attorney general to prosecute violations of abortion laws, election laws, human trafficking laws (Chapter 20A, Penal Code), bribery and corruption laws (Chapter 36, Penal Code), and abuse of office laws (Ch. 39, Penal Code). SB 846 referred to Senate Criminal Justice on 2/13.

 

HB 1014 by Toth (R-The Woodlands): Makes a school district civilly liable for a personal injury sustained by a person as a result of the district’s failure to restrict the use of bathrooms to persons of the same biological sex. Imposes an additional civil penalty of $100,000 per violation. Overrides federal pre-emption. Enforceable by the attorney general.

 

HB 1084 by Curry: Bars a physician or other provider from performing IVF unless the patient intends to carry to term each embryo implanted. Bars the physician from terminating any fetus in a multifetal pregnancy resulting from IVF. Imposes an administrative penalty.

 

HB 1088 by Slawson (R-Stephenville): Adds § 74.252, CPRC, to extend the statute of limitations for a claim by a minor based on the administration of a puberty suppressing drug or cross-sex hormone to or the performance of surgery or another medical procedure on the minor for the purpose of gender transitioning or gender reassignment. Provides that such that a claim must be brought by the minor’s 25^th birthday, rather than the 14^th birthday for all other health care liability claims.

 

HB 1132 by Oliverson (R-Cypress): Prohibits a health care facility from discriminating against a physician who holds an alternative medical license. Requires the TMB to develop an alternative medical license that does not require training in abortion.

 

HB 1161 by Hinojosa (D-Austin)/SB 360 by Eckhardt: Allows a person of child-bearing age to specify in an advanced directive the effect of the person’s pregnancy on the directive. SB 360 referred to Senate Health and Human Services on 2/3.

 

HB 1219 by Plesa (D-Dallas)/SB 350 by Eckhardt (D-Austin): Adds § 170A.008, Health and Safety Code, to require a physician or health care practitioner to prioritize the health of the pregnant individual over the health of the fetus the individual is carrying when recommending a health care treatment for the individual, regardless of whether the treatment poses a risk of injury or death to the fetus. Requires the informed consent of the individual to such treatment. Authorizes the appropriate licensing authority to impose an administrative penalty for violations. SB 350 referred to Senate Health and Human Services on 2/3.

 

HB 1220 by Plesa (D-Dallas): Amends several sections of the Health and Safety Code to allow a physician to perform an abortion if the pregnant woman is 35 years of age or older and has a high-risk condition, as determined by the physician, or the pregnancy resulted from in vitro fertilization. Allows a physician to prescribe an abortion-inducing drug if in the physician’s reasonable medical judgment and gestational age of the pregnancy the drug will be effective and does not pose a risk to the pregnant individual.

 

HB 1254 by Martinez Fischer (D-San Antonio): Amends § 170A.001, Health & Safety Code, to except from the abortion prohibition: (1) any pregnancy in which IVF was used; (2) the use, prescription, procurement, administration, or sale of any contraceptives, including emergency contraceptives; and (3) an act performed to save the life or preserve the health of an unborn child, remove a dead unborn child resulting from a spontaneous abortion, or remove or treat an ectopic pregnancy. Provides that a physician may perform an abortion if the patient is 35 years of age or older or has a high-risk condition, or the pregnancy resulted from IVF.

 

HB 1307 by Ordaz (D-El Paso): Amends § 245.002, Health & Safety Code, to exclude IVF from the definition of abortion.

 

HB 1493 by A. Johnson (D-Houston): Amends § 74.552(a), CPRC, to extend the affirmative defense to a civil action for an unlawful abortion to any pregnancy complication that has been diagnosed by a physician and that has a substantial likelihood of causing serious bodily injury (defined by § 1.07, Penal Code).

 

HB 1651 by Schatzline (R-Fort Worth): Makes it a deceptive trade practice to sell or distribute an abortion drug through an Internet website unless the seller obtains from the person requesting the drug verification that the drug was prescribed by a Texas physician after an in-person visit (in other words, the bill effects a ban).

 

HB 1792 by Goodwin (D-Austin): Amends § 181.004, Health & Safety Code, to require a covered entity to comply with state and federal (HIPAA) patient privacy protections in any requested disclosure of an individual’s protected health information related to all reproductive health care, including miscarriage and abortion.

 

HB 1919 by Bryant (D-Dallas): Creates a cause of action against the state for damages for physical and psychological harm resulting from the denial of health care services arising under a state law limiting or prohibiting access to reproductive health care, including abortion. Waives sovereign immunity.

 

HB 1980 by Hickland (R-Belton)/SB 942 by Hughes (R-Tyler): Amends § 154.131, Family Code, to create a presumption that it is reasonable and in the best interest of the child for a court to order retroactive child support beginning on the earliest possible date of the child’s conception. Amends § 160.636(g), Family Code, to require a court order establishing a man’ paternity to, on request of a party and proper showing, child support retroactive to the earliest date of conception. SB 942 referred to Senate Jurisprudence on 2/13.

 

HB 1986/HB 1987 by Bowers (R-Rowlett)/SB 308 by Eckhardt (D-Austin): Repeals Chapter 170A, Health & Safety Code (abortion ban), various sections of Chapter 171, Subchapter D, Health & Safety Code (ban on abortion-inducing drugs), and Title 71, Vernon’s Civil Statutes (criminal offense for performing abortion). SB 308 referred to Senate State Affairs on 2/3.

 

HB 2062 by Holt (R-Silsbee)/HB 2704 by Shofner (R-Nacogdoches): Adds Chapter 3001, Government Code, to require state and local government facilities to maintain separate bathrooms and other “private spaces” based on biological sex. Imposes civil penalties for violations of $5,000 for the first violation and $25,000 for the second and subsequent violations. Attorney general enforcement. Also creates a private right of action against a governmental entity for equitable relief, attorney’s fees, and costs. Prohibits a court from declarating the statute unconstitutional. Bars class actions. Waives sovereign immunity. Makes attorneys who challenge the constitutionality of the statute jointly and severally liable for costs attorney’s fees of a prevailing party.

 

HB 2141 by Simmons (D-Houston): Amends § 22.12, Penal Code, to exempt from Chapter 22 (assaultive offenses) the provision of gender-affirming care, including the dispensing of a drug,  in accordance with state and federal law and performed by a physical or other health care provider with the requisite consent.

 

HB 2158 by Hinojosa (D-Austin): Creates an exception to the abortion prohibition for a lethal fetal anomaly or diagnosis.

 

HB 2182 by Plesa (D-Dallas): Requires the commissioner of state health services to issue a statewide order authorizing a pharmacist to dispense an emergency contraceptive without a prescription. Grants immunity from civil and criminal liability, as well as disciplinary action, to a pharmacist acting in good faith, except for wilful misconduct or gross negligence.

 

HB 2197 by Money (R-Greenville)/SB 1204 by Hall (R-Edgewood): Applies several chapters of the Penal Code to unborn children from fertilization. Repeals § 71.003, CPRC, which, among other things, bars a cause of action on behalf of an unborn child against the mother, a physician or licensed health care provider for a lawful medical procedure, or a pharmacist or dispenser of a drug. The Senate version retains the prohibition of an action against the mother. SB 1204 referred to Senate State Affairs on 2/28.

 

HB 2251 by Goodwin (D-Austin): Amends § 170A.002(b), Health & Safety Code, and § 171.205, Health & Safety Code, to except from the prohibition of abortion a physician, in the exercise of reasonable medical judgment, performs an abortion on a pregnant woman: (1) with a medical condition that places her current or future health at risk unless the pregnancy is terminated; (2) who is pregnant with a fetus with a severe or usually lethal fetal abnormality; (3) who is pregnant with two or more fetuses and at least one fetus poses a risk to the health to another fetus; (4) who was impregnated as a result of rape or incest. Repeals § 6-1/2, Title 71, Revised Statutes (abortion is murder) and § 170A.002(b), Health & Safety Code.

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

HB 2260 by Martinez Fischer (D-San Antonio): Adds § 554.011, Government Code, to make an elected state officer personally liable for violating whistleblower statutes. Waives official immunity and bars the state from indemnifying the officer. Applies retroactively.

HB 2311 by Harrison (R-Midlothian): Bars institutions of higher education or their employees from submitting any information in a grant application or to an accreditation agency that in any way refers to first-generation students, underserved populations, low-income students, compliance with anti-discrimination laws, academic course instruction, scholarly work, student organizations, guest speakers or performers, policies to enhance student performance, data collection, or student recruitment or admissions.

HB 2339 by Harrison (R-Midlothian): Bars an institution of higher education from offering courses in LGBTQ or DEI studies. Creates a cause of action against an institution for injunctive relief.

 

HB 2342 by Cain (R-Houston)/SB 810 by Hughes (R-Tyler): Prohibits a school district or open enrollment charter school from taking an adverse action against an employee who refers to a student by the student’s biological sex.

 

HB 2354 by Shaheen (R-Plano)/SB 1127 by Middleton (R-Galveston): Requires an open-enrollment charter school to adopt an admissions policy that limits admission to students of a single biological sex as stated on the student’s birth certificate or other governmental document. SB 1127 referred to Senate Education K-16 on 2/24.

 

HB 2423 by Goodwin (D-Austin): Excludes from the definition of “abortion” the provision of treatment for a miscarriage or suspected miscarriage, in accordance with the applicable standard of medical care and by any means a physician determines medically appropriate.

 

HB 2651 by Plesa (D-Dallas): Authorizes a physician to perform an abortion on an unemancipated minor who consents to the abortion without obtaining parental consent or judicial approval. Authorizes the physician to provide an abortion-inducing drug if, based on the physician’s reasonable medical judgment and the gestational age of the pregnancy, the drug will be effective and does pose a risk to the minor. Immunizes the physician from civil or criminal liability and disciplinary action.

 

HB 2493 by Bowers (D-Rowlett): Prohibits false, misleading, or deceptive practices in the business of eviction-related services provided to consumers in connection with eviction suits filed by landlords. Applies DTPA to violations.

 

HB 2710 by Little (R-): Amends § 43.25, Penal Code, to eliminate the affirmative defenses to a prosecution for obscenity based on bona fide educational, medical, psychological, or psychiatric purposes.

 

HB 2758 by Bryant (D-Dallas): Makes various changes to the Family Code to adapt to same-sex marriage.

 

HB 2831 by Plesa (D-Dallas): Authorizes the attorney general to bring an action for injunctive relief against a covered entity for unlawful practices pertaining to the collection, use, and sale of reproductive health information without the consent of the individual, including the disclosure of such information to federal, state, or local officials except under limited circumstances. Creates a private cause of action for statutory damages and equitable relief.

 

HB 2843 by Zwiener (D-Driftwood): Adds Chapter 98C, CPRC, to make a defendant who commits an act of sexual assault liable to the victim for damages arising out of a pregnancy resulting from the assault that is carried to term (no prosecution or conviction required). Allows recovery of actual damages related to the pregnancy, birth, and care of the child, including medical expenses, loss of income, other economic damage, and noneconomic damages (regardless of an award of actual damages).

 

HB 2846 by Shaheen (R-Plano)/SB 86 by Hall (R-Edgewood)/HB 4002 by Money (R-Greenville): Creates a cause of action by a parent against a school district for injunctive and declaratory relief, damages, attorney’s fees, and costs arising from the district’s failure to resolve a parent complaint regarding instruction implicating sexual orientation or gender identity.

 

HB 3399 by Money (R-Greenville): Bars gender-transitioning, reassignment, or dysphoria treatment for anybody.

 

HB 3431 by Tinderholt (R-Arlington): Makes it a criminal offense (state jail felony) for a physician or health care provider to treat a child for gender transitioning, reassignment, or dysphoria. Prohibits a non-physician mental health professional from providing gender-affirming therapy or counseling to a child if the purpose is to affirm a gender inconsistent with a child’s biological sex. Makes such treatment a state jail felony (also criminalizes a health care practitioner from referring a child to another state for gender-transitioning care).

 

HB 3478 by Lowe (R-North Richland Hills): Defines child abuse to include causing, permitting, encouraging, engaging in, or allowing a child to receive gender affirming care.

 

HB 3616 by Schatzline (R-Fort Worth): Bars a school district, government entity, or employee from assisting anyone with social transitioning. Attorney general enforcement with termination of employment.

 

HB 3668 by Howard (D-Austin): Orders a non-binding public referendum on whether additional abortion restrictions should be repealed.

 

HB 3817 by Oliverson (R-Cypress): Makes it a state jail felony for a person to knowingly make a false or misleading statement to a government entity or employer identifying the person’s biological sex as opposite of the one to the person at birth.

 

HJR 80 by Ramos (D-Richardson): Adds §§ 37 and 38, Art. I, Texas Constitution, to guarantee the right to abortion and establish a right to IVF or other assisted reproductive technology treatments.

 

HJR 130 by Bucy (D-Austin): Adds § 37, Art. I, Texas Constitution, to confer a right to reproductive autonomy, including the right to obtain an abortion on or before 24 weeks post-fertilization, obtain an abortion to preserve the life of a pregnant individual who is more than 24 weeks post-fertilization, or obtain or use contraception.

 

SB 115 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 Senate State Affairs on 2/3.

 

SB 116 by Hall (R-Edgewood): Provides that a medical malpractice claimant alleging negligence in the administration of puberty suppression prescription drug or cross-sex hormone, as well as surgical procedures, for the purpose of gender transitioning or gender reassignment may bring the claim not later than the claimant’s 30^th birthday if the claimant was a minor when the treatment occurred. Referred to Senate State Affairs on 2/3.

 

SB 126 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 Senate Health and Human on 2/3.

 

SB 190 by Menendez (D-San Antonio): Repeals statutes that criminalize or negatively represent homosexual conduct. Referred to Senate State Affairs on 2/3.

 

SB 348 by Eckhardt (D-Austin): Authorizes minors 16 or older who reside separate and apart from parents, managing conservators, or guardians to consent to postpartum medical treatment or contraception-related medical treatment other than abortion. SB 350 referred to Senate Health and Human on 2/3.

 

SB 721 by Hall (R-Edgewood): Bars all economic and tax incentive programs authorized by the state from providing a grant or incentive to an entity that assists, refers, or otherwise encourages a woman to obtain an abortion. Referred to Senate State Affairs on 2/7.

 

SB 730 by Campbell (R-San Antonio)/HB 1806 by Noble (R-Allen): Prohibits a governmental entity from providing logistical support of any kind to an abortion provider. Creates a cause of action allowing any person or the attorney general to enforce the prohibition by seeking declaratory and injunctive relief, court costs, and attorney’s fees. Bars a court from awarding attorney’s fees to a defendant. Exempts these actions from the TCPA and RFRA (Chapter 110, CPRC). SB 730 referred to Senate State Affairs on 2/7.

 

SB 983 by Hughes (R-Tyler)/HB 3548 by Harris Davila (R-Round Rock): Requires a school district to adopt and communicate a prescribed written policy governing sexual health and reproduction instruction. Authorizes the attorney general or a district or county attorney to bring an enforcement action for equitable relief. Bars a school district from providing any sexual health or reproduction instruction through a third party. Referred to Senate Education on 2/13.

 

SB 1159 by Eckhardt (D-Austin): Prohibits a physician or health care provider who provides health care services to a patient who has had a miscarriage or obtained an abortion, or who the physician or provider suspects has had a miscarriage or obtained an abortion, from reporting or disclosing that information to a peace officer or law enforcement agency. Prescribes enforcement by the appropriate licensing authority, as well as pursuant to Chapter 181, Health & Safety Code (civil penalty; injunctive relief; attorney general enforcement for violations of Medical Privacy Act).  Referred to Senate HHS on 2/28.

 

SB 1521 by Johnson (D-Dallas)/HB 3410 by Rodriguez Ramos (D-Dallas): Adds § 20.003, CPRC, to permit a pre-suit deposition on oral examination or written questions to perpetuate or obtain the person’s own testimony or that of any other person for use in an anticipated action, or to investigate a potential claim or action. Prohibits a pre-suit deposition if the requestor has not sustained actual damages or will not reasonably sustain actual damages in the anticipated action. Makes the requestor liable for attorney’s incurred in challenging an illegal request. Bars SCOTX from modifying or repealing the statute by rule. Amends § 311.036, Government Code, to bar a state regulating abortion from being construed to impose criminal, civil, or administrative penalties or liability on a pregnant individual who has an abortion. Adds § 171.009, Health and Safety Code, to allow a person to provide to an individual direct or indirect assistance for traveling outside the state for an abortion. Bars a political subdivision from adopting an ordinance that conflicts with state regulation of the provision of abortion-inducing drugs. Removes most restrictions on the provision of abortion-inducing drugs. Bars an aiding or abetting civil action based on a person providing or intending to provide direct or indirect assistance for traveling outside the state for an abortion. Bars a city or county from adopting or enforcing travel prohibitions. Repeals Chapter 170A, Health & Safety Code (abortion ban), various sections of Chapter 171, Subchapter D, Health & Safety Code (ban on abortion-inducing drugs), and Title 71, Vernon’s Civil Statutes (criminal offense for performing abortion). Referred to Senate State Affairs on 3/6.

 

SB 1682 by Johnson (D-Dallas): Exempts from the prohibition of abortion an abortion that, in the exercise of a physician’s reasonable medical judgment, is necessary to prevent future infertility or because the pregnancy is not viable or was a result of sexual assault. Repeals Chapter 6-1/2, Title 71, Revised Statutes.

 

SB 1724 by Johnson (D-Dallas): Conforms various statutes to reflect the legality of same-sex marriage and repeals references to the criminality of homosexual behavior.

 

SB 1985 by Hall (R-Edgewood): Permits a pharmacist to refuse to dispense an abortion-inducing drug or emergency contraceptive or a controlled substance the pharmacy reasonably suspects will be misused.

 

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

 

SJR 20 by Eckhardt (D-Austin)/HJR 33 by Goodwin (D-Austin): Proposes an amendment to Art. I, Texas Constitution, to recognize an individual’s reproductive choice. Referred to Senate State Affairs on 2/3.

 

SJR 35 by Johnson (D-Dallas): Repeals § 32, Article I, Texas Constitution (marriage defined as between one man and one woman).

 

Landlord-Tenant

HB 32 by Button (R-Garland): Amends § 24.005, Property Code, to streamline the process for evicting a tenant for nonpayment of rent. Allows a justice court to allow or require a participant in an eviction suit to appear remotely. Allows a landlord to include with a sworn petition a sworn motion for summary disposition without trial. Provides that a party may appeal the judgment of the justice court in an eviction suit to county court. Provide that a city or county that funds a legal aid service or organization to provide information or advice or representation to eligible tenants in the eviction process provide an equal amount of funding to pay for relocation assistance for tenants. Referred to House JCJ on 3/3.

 

HB 320 by Gervin-Hawkins (D-San Antonio): Amends § 92.020, Property Code, to require a landlord to give notice to a tenant of a change in the landlord’s telephone number or e-mail as provided to the tenant. Requires a tenant to provide contact information to the landlord and to give notice to the landlord of any change in the information. Makes a violation a bad faith violation under § 92.204. Referred to House Trade on 2/28.

 

HB 414 by Leo-Wilson (R-Galveston)/HB 1076 by Pierson (R-Rockwall)/SB 465 by Campbell (R-San Antonio)/HB 2105 by Spiller (R-Jacksboro)/HB 2131 by Dean (R-Kilgore)/HB 2454 by Toth (R-The Woodlands)/HB 3274 by Hefner (R-Mt. Pleasant)/HB 3518 by Capriglione (R-Southlake)/SB 1333 by Hughes (R-Tyler):  Adds § 32.56, Penal Code, to create an offense for knowingly presenting to another person a false, fraudulent, or fictitious document purporting to be a lease agreement or other conveyance of an interest in real property. Adds § 32.57, Penal Code, to create an offense for knowingly listing real property for sale or lease to which the offeror does not have legal title. Allows the owner of residential real property to request the sheriff to immediately remove a squatter. Once the owner’s complaint is verified, the sheriff must immediately give the squatter notice to vacate and restore the property to the owner. Immunizes a sheriff from liability for damage to property caused by the removal of a squatter. Creates a civil action for wrongful removal to recover actual damages, punitive damages, attorney’s fees, and costs. SB 465 referred to Senate Criminal Jurisprudence on 2/3. HB 414 referred to House Trade on 2/28. SB 1333 referred to Senate Criminal Justice on 2/28.

 

HB 729 by Bernal (D-San Antonio): Amends Chapter 301, Property Code, to prohibit housing discrimination based on sexual orientation or gender identity. Referred to House Trade, Workforce, Eco Devo on 3/4.

 

HB 798 by Walle (D-Houston)/SB 882 by Cook (D-Houston): Makes significant changes to Chapter 24, Property Code, to impose new duties on landlords, including a right to cure for nonpayment of rent. Blocks access to eviction case information except under limited circumstances. Bars a landlord from changing locks to exclude a tenant delinquent in paying rent. Bars landlords from charging tenants for “mandatory services.” Limits late fees to the lesser of 10% of the rent or $75. Requires a landlord to give two-days’ notice before entering a residence. Requires landlords to inspect the premises and make repairs before leasing a unit, subject to judicial enforcement. Voids leave provisions that purport to limit the landlord’s liability or expand a party’s right to unilaterally terminate a lease. Imposes additional requirements for terminating a lease and prohibits a landlord from inquiring about or considering a prior arrest if the tenant was not convicted. SB 882 referred to Senate Business & Commerce Code on 2/13. HB 798 referred to House Trade, Workforce, Eco Devo on 3/4.

 

HB 1099 by Cole (D-Austin)/HB 2900 by Simmons (D-Houston): Requires a residential landlord to provide and maintain a functioning air conditioner in the tenant’s unit. Requires a landlord who violates this mandate to provide a portable unit or alternative housing until the situation is remedied.

 

HB 1184 by Hinojosa (D-Austin): Requires a residential landlord who specifies the amount of rent to be charged to the applicant in the lease application to provide the tenant with a written lease agreement reflecting that amount. Creates a cause of action against a violating landlord for the sum of $100, three times the rental deposit or application fee, and the applicant’s attorney’s fees.

 

HB 1185 by Hinojosa (D-Austin): Requires a landlord who proposes to raise the rent upon renewal of a residential lease to provide written notice to the tenant at least 7 days before the tenant is required to provide notice of intent to vacate. Imposes a $100 penalty for violations.

 

HB 1206 by J. Gonzalez (D-Dallas)/SB 759 by Cook (D-Houston): Requires a residential landlord to provide written notice of any recurring fees other than rent prior to the tenant executing the lease. Relieves the tenant of the obligation to pay a recurring fee is it is not disclosed. SB 759 referred to Senate Business & Commerce on 2/7.

 

HB 1247 by Zwiener (D-Driftwood): Provides that if a landlord violates § 92.008, Property Code (interruption of residential tenant’s electricity), the tenant may recover the security deposit (current law allows recovery of actual damages, one month’s rent plus $1,000, and attorney’s fees). Prohibits the landlord from recovering delinquent rent after a violation.

 

HB 1299 by Vo (D-Houston): Amends § 92.102, Property Code, to provide that any deposit a landlord requires a prospective tenant to lease residential property, including nonrefundable or refundable fees or charges required by a landlord for damages, constitutes a security deposit.

HB 1369 by V. Jones (D-Dallas): Creates a cause of action for actual damages, statutory punitive damages of $1,000, and attorney’s fees of up to $10,000 for disclosure of residential eviction case information made confidential by a court, if the court determines that it is in the interest of justice to seal the information and that interest is not outweighed by the public interest in disclosure of the information. Allows the assessment of punitive damages without actual damages. Directs SCOTX to adopt rules implementing the statute.

HB 1711 by Collier (D-Dallas): Amends § 24.005, Property Code, to require a landlord to give a residential tenant in writing 5 days’ to cure a default for nonpayment of rent or other default before the landlord can give notice to vacate.

 

HB 1860 by Cole (D-Austin): Adds § 92.007, Property Code, to require a landlord of a multiunit residential complex who maintains a tenant online portal to use the portal to inform each tenant of the tenant’s proportional share of property taxes levied on the property.

 

HB 2031 by Richardson (R-McKinney): Amends § 92.026, Property Code, to impose a civil penalty on a landlord for violating the tenant’s right to possess a firearm on the landlord’s property under prescribed conditions. Enforcement by the attorney general with attorney’s fees and costs. Provides a right to cure.

 

HB 2184 by Meza (D-Irving): Allows a tenant, on notice to the landlord, to terminate a lease and vacate the premises without liability if severe weather causes an outage of essential utility services.

 

HB 2214 by Walle (D-Houston): Permits a notice of a leased dwelling’s location in a floodplain to be included in a paragraph in the lease or as an addendum to the lease, as well in a separate addendum. Requires the landlord and tenant to sign the document in which the notice is provided to evidence the provision and receipt of the notice. Exempts from the notice requirement leases with a term of less than 30 days or temporary residential occupancy in which a buyer occupies the property prior to closing or the seller occupies the property after closing for a specific term not exceed 90 days.

 

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

 

HB 2901 by Simmons (D-Houston): Amends § 91.102, Property Code, to limit the amount of a security deposit to one month’s rent.

 

HB 2903 by Simmons (D-Houston): Requires the landlord to acknowledge receipt in writing of a tenant’s notice to repair or remedy within two business days of receipt of the notice and to include a statement of the tenant’s rights and remedies.

 

HB 2904 by Simmons (D-Houston): Limits the amount by which a landlord may increase rent from lease period to lease period to 5% for affordable housing and 10% for all other housing. Makes a landlord liable to a tenant for three times the amount of rent charged for violations.

 

HB 2905 by Simmons (D-Houston): Limits the amount a landlord may charge for an application fee to processing cost and cost of determining eligibility to lease. Authorizes the Texas Real Estate Commission to assess administrative penalties of $1,000 for the first violation and $2,000 for subsequent violations.

 

HB 2907 by Simmons (D-Houston): Allows a tenant to recover from the landlord or landlord’s agent for an authorized use of the tenant’s name or likeness for a commercial purpose in the amount of one month’s rent, injunctive relief, and attorney’s fees.

 

HB 2909 by Simmons (D-Houston): Authorizes a court to expunge records of a residential eviction suit in the interests of justice. Makes a person who retains a record subject to an expunction order liable for actual damages, statutory punitive damages of $1,000, and attorney’s fees.

 

HB 3155 by Simmons (D-Houston): Requires a residential landlord who leases five or more units to disclose to the tenant every fee the landlord will charge. Provides that the tenant is not obligated to pay an undisclosed fee. Imposes a civil penalty on the landlord in the amount of the undisclosed fee.

 

HB 3497 by Vo (D-Houston): Defines “security deposit” to include any fee that the landlord requires the tenant to pay to a third party to cover future damages or lease violations and any fee the landlord charges in association with the tenant’s credit history or eviction history.

 

SB 340 by Eckhardt (D-Austin): Imposes a $500 penalty, plus a tenant’s attorney’s fees, on a residential landlord who fails include on the required printed notice setting out the landlord’s selection criteria a notice that the tenant may explain inaccuracies in the tenant’s criminal record, the tenant’s rehabilitation, or other mitigating factors. Further requires the landlord to provide the notice before accepting an application fee. Referred to Senate Business & Commerce on 2/3.

 

SB 485 by Alvarado (D-Houston): Requires a landlord of a multi-family residential unit that houses elderly or disabled persons or children a duty: (1) to take all reasonable and necessary precaution to protect residents from foreseeable harm during a disaster; (2) to understand and prepare for emergency conditions more likely to affect elderly or disabled persons or children during a disaster; (3) to assure that the staff is trained for the emergency and present to assist residents during the disaster; (4) to inform residents of the dangers of emergency conditions and provide instruction on how to respond; and (5) not to abandon the property during an emergency unless a mandatory evacuation order has been issued. Creates a private right of action for damages. Referred to Senate Business & Commerce on 2/3.

 

SB 601 by West (D-Dallas): Prohibits a landlord from charging a fee to a tenant for receiving a tenant’s mail or from requiring a tenant to use a service that charges such a fee. Referred to Senate Business & Commerce on 2/3.

 

SB 603 by West (D-Dallas): Prohibits a landlord from collecting a fee from a tenant for the landlord’s nonpayment or late payment of a utility bill, except if the tenant is delinquent in a payment to the landlord for a utility service under the lease. Referred to Senate Business & Commerce on 2/3.

 

SB 790 by Alvarado (D-Houston): Authorizes the PUC to adopt a simplified complaint procedure for tenants against an owner over a bill for water or wastewater services under Chapter 13, Water Code. Exempts such a procedure from the Administrative Procedures Act (Ch. 2001, Government Code). Set for hearing in Senate Water on 3/3.

 

SB 851 by Middleton (R-Galveston)/HB 2037 by Darby (R-San Angelo): Amends § 92.0561, Property Code, to require that repairs made pursuant to a tenant’s notice of intent to repair  must be performed by an independent licensed repairman. Amends Sec. 94.107 to prescribe methods for a tenant to satisfy the notification of the tenant’s forwarding address for purposes of returning the security deposit. Amends Section 92.109(d) to provide that the landlord is presumed to have acted in bad faith if the tenant has surrendered possession and the tenant has complied with the notice requirement. SB 851 referred to Senate B&C on 2/13.

 

SB 948 by Johnson (D-Dallas)/HB 2223 by Collier (D-Dallas): Adds § 24.012, Property Code, to require a court to seal eviction case information pertaining to the tenant if the judgment favors the tenant, is dismissed with no relief to the landlord, or a residential tenant is not on default and the suit was brought pursuant to a foreclosure. Creates a cause of action if a person discloses confidential eviction information. Authorizes recovery of actual damages or statutory punitive damages of $1,000, costs, and attorney’s fees. Requires the court to award punitive damages if the plaintiff cannot show actual damages. SB 948 referred to Senate Business & Commerce on 2/13.

 

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

 

SB 1904 by Kolkhorst (R-Brenham): Requires a court to set a residential eviction case for trial between the 10^th and 21^st day after suit is filed. Requires a court, in the event of a default judgment, to issue a writ of possession immediately upon demand and payment of fees. Requires the sheriff or constable to execute the writ within 10 business days.

 

SB 1995 by Hall (R-Edgewood): Adds Chapter 24B, Property code, to allow an owner of residential real property to request the sheriff or constable to immediately remove a person who unlawfully entered and is occupying a dwelling on the owner’s property without consent. Immunizes from liability a sheriff or constable, as well as the property owner, for loss or destruction or damage to property resulting from a removal. Creates a private cause of action for wrongful removal for recovery of possession, actual damages, punitive damages equal to three times the market rent, court costs, and attorney’s fees.

 

Employment Law

 

HB 302 by Rosenthal (D-Houston)/SB 361 by Eckhardt (D-Austin): Amends Chapter 21, Labor Code, to prohibit employment discrimination against a person on the basis of the person’s marital status, the use of assisted reproduction to become pregnant, the use of contraception or a specific form of contraception, or the obtainment or use of any other health care drug, device, or service relating to reproductive health. Includes discrimination against the employee, the employee’s spouse or partner, the employee’s dependent, and any other member of the employee’s family or household. Declares void an unenforceable a mandatory arbitration provision that limits the reproductive decisions of an employee, employee’s spouse or partner, employee’s dependent, or any other member of the employee’s family or household. Applies to labor organizations and employment agencies. Adds discrimination based on reproductive decisions everywhere in Chapter 21 that bars discrimination based on race, color, sex, national origin, religion, age, or disability. SB 361 referred to Senate Economic Development on 2/3. HB 302 referred to House Subcommittee on Workforce.

 

HB 317 by Gonzalez: Amends Chapter 21, Labor Code, to entitle an employee to five-days off without compensation in the three-month period following a reproductive loss. Prohibits an employer from retaliating against an employee who takes leave and makes retaliation an unlawful employment practice. Referred to House Subcommittee on Workforce.

 

HB 323 by Spiller (R-Jacksboro)/HB 1019 by Shaheen (R-Plano): Requires a political subdivision to participate in the E-Verify program to verify information of all new employees. Subjects employees of the subdivision who violate the statute to termination. Referred to House Intergovernmental Affairs on 2/28.

 

HB 762 by Leach (R-Plano): Adds § 180.011, Local Government Code, to limit the amount of severance pay a political subdivision may pay to an employee or contractor and to prohibit payment of severance pay to an employee or contractor dismissed for misconduct. Applies to a judgment in an action brought against the subdivision by an employee or contractor. Referred to House Intergovernmental Affairs on 3/5.

 

HB 949 by Toth (R-The Woodlands): Prohibits an employer from taking an adverse employment action or discriminating against an employee based on the nondisclosure by the employee of personal health information. Imposes a civil penalty of $50,000 on an employer for a violation, enforceable by the attorney general. Referred to House Subcommittee on Workforce on 3/6.

 

HB 841 by Bernal (D-San Antonio)/HB 1298 by Bernal (D-San Antonio)/HB 1880 by Simmons (D-Houston): Adds Chapter 83, Labor Code, to require employers to provide paid sick leave annually.

 

HB 1125 by Gamez (D-Brownsville): Renders void and unenforceable any provision of a nondisclosure or confidentiality agreement in a settlement agreement that prohibits or limits an employee of a governmental agency from the facts of a complaint involving sexual assault or sexual harassment.

 

HB 1191 by Manuel (D-Port Arthur)/HB 2466 by Reynolds (D-Missouri City): Prohibits an employer from inquiring into an employment applicant’s criminal history record (unless required by law) in an initial application. Permits an employer to inquire after determining that the applicant is otherwise qualified and has extended a conditional offer or invited the applicant to interview.

 

HB 1351 by Meza (D-Irving): Entitles an employee who has worked for an employer for at least one year to up to 30 days of leave to attend to the employee’s own serious health condition or the serious health condition of the employee’s spouse, child, grandchild, sibling, parent, parent-in-law, grandparent, or grandparent-in-law. Also extends to the birth of a child or care or services necessary if the employee or member of the employee’s family are a victim of family violence, sexual assault or abuse, stalking, or trafficking. Does not require leave to be paid but entitles the employee to wage replacement benefits for leave taken. Provides that if the employer offers paid leave, an employee is entitled to the average amount that would have been paid to the employee during the pay period. Does not entitle an employee to accrual of seniority or other employment benefits during the leave period or any right, benefit, or position the employee was not previously entitled to. Creates a wage replacement benefit fund funded by employee contributions of .25% of the employee’s monthly pay. Makes violations of this chapter unlawful employment practices.

 

HB 1797 by Bucy (D-Austin): Prohibits a state agency or political subdivision from requiring employees or independent contractors to submit to drug testing for cannabinoids or from obtaining or writing a prescription for low-THC cannabis or using a consumable hemp product. Prohibits a state agency or political subdivision from asking an employee about the employee’s use of low-THC cannabis or consumable hemp products. Imposes liability on a state agency or political subdivision for threatened or actual violations of the law in a judicial or administrative proceeding. Entitles a prevailing claimant compensatory damages, injunctive relief, declaratory relief, and other relief, including attorney’s fees. Waives sovereign or governmental immunity. Shields users of medical marijuana from arrest, prosecution, or penalty, or denial of any right or privilege, including administrative or civil penalty or disciplinary action by a court or state licensing board.

 

HB 1882 by Simmons (D-Houston): Authorizes a business to establish or permit the establishment of an “employee-related group or organization, including an employee resource group or labor union” and “employee-inclusionary practices as part of its business operations or business model.” Provides a business with immunity from liability solely based on the establishment or existence of such a group, organization, or practices.

 

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

 

HB 2351 by Dutton (D-Houston): Adds Chapter 53, Labor Code, to make it a third degree felony for an employer to knowingly hire or employ a person not lawfully present in this state. Provides that it is not a defense that the employer classified the person as an independent contractor if the classification was not in accordance with Chapter 201 (unemployment compensation act).

 

HB 2472 by Simmons (D-Houston): Adds §61.021, Labor Code, to provide that a gratuity is the sole property of the tipped employee and to bar an employer from taking any part of it for any purpose. Makes a violation a third degree felony.

 

HB 2753 by Garcia Hernandez (D-Addison): Adds § 21.2545, Labor Code, to authorize an individual to bring a civil action for damages or other relief arising from an unlawful employment practice based on sexual harassment, regardless of whether the individual has filed a complaint with TWC or, if the individual has filed a complaint, the complaint is still pending or the individual has not received notice of the right to sue. Provides that an action filed without a complaint must be brought not later than the second anniversary of the date the alleged unlawful practice occurred. Amends § 21.2585 to provide that the statutory caps in that section do not apply to the new civil action. Provides further that the cap on punitive damages does not apply.

 

HB 3982 by Walle (D-Houston): Adds Chapter 53, Labor Code, to require employers whose employees work in heat above 80 degrees to require heat safety training, provide paid rest breaks, maintain a shaded area, provide sufficient drinking water, have a plan for acclimatizing employees to the heat, and have an emergency response plan. Establishes a complaint procedure to the Texas Workforce Commission. Authorizes the commission to impose an administrative penalty, rehiring or reinstatement, payment of back wages, and reestablishment of employee benefits.

 

SB 324 by Kolkhorst (R-Brenham)/HB 1308 by Tepper (R-Lubbock)/HB 1488 by Louderback (R-Victoria)/HB 2744 by Vasut (R-Angleton)/HB 3681 by Lowe (R-North Richland Hills): Prohibits a state agency from awarding a contract for goods or services to a contractor or subcontractor unless they register with and participate in the E-verify program. Requires all employers to register with and participate in the E-verify program as a condition of a license, certificate, registration, permit, or other authorization that is required for a person to practice or engage in a particular business, occupation, or profession. Requires political subdivisions to participate in E-verify and terminate employees who don’t comply. HB 3681 requires employers to report a person who could not be verified and imposes a criminal penalty on an employer who violates the statute. SB 324 referred to Senate Business & Commerce on 2/3.

 

SB 589 by West (D-Dallas): Prohibits a public employer, other than a school district or law enforcement agency, from inquiring into an employment applicant’s criminal history record (unless required by law) before extending a conditional offer or invited the applicant to interview. Referred to Senate Business & Commerce on 2/3.

 

\Workers’ Compensation

 

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

 

HB 480 by Walle (D-Houston)/SB 338 by Eckhardt (D-Austin): Requires contractors and subcontractors to provide workers’ compensation insurance for their employees. SB 338 referred to Senate Business & Commerce on 2/3. HB 480 referred to House Subcommittee on Workforce on 2/28.

 

HB 673 by S. Thompson (D-Houston): Mandates workers’ compensation benefits for first responders diagnosed with PTSD if it was caused by one or more events occurring in the course and scope of employment. Referred to House Subcommittee on Workforce on 3/4.

 

HB 823 by S. Thompson (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. Referred to House Subcommittee on Workforce on 3/4.

 

HB 875 by Spiller (R-Jacksboro)/SB 1890 by Perry (R-Lubbock): Adds § 271.909, Local Government Code, to provide that a municipality need not require that a contractor be covered by workers’ compensation insurance or obtain a performance bond if the project contracted for is for an amount less than one percent of the municipality’s most recently adopted budget. Referred to House Subcommittee on Workforce on 3/4.

 

HB 1066 by Bhojani (D-Euless): Restricts the use of telemedicine medical services to certify maximum medical improvement under certain conditions.

 

HB 1292 by Meza (D-Irving): Amends § 408.181, Labor Code, to index death benefits paid under the workers’ compensation system to the CPI for urban wage earners and clerical workers.

 

HB 1667 by Canales (D-Edinburg): Expands workers’ compensation coverage for first responders for post-traumatic stress disorder to state employees and employees of institutions of higher education (current law applies only to political subdivisions). Adds advanced EMTs to coverage.

 

HB 1691 by Bumgarner (R-Flower Mound): Amends § 607.055(b), Government Code, to expand the cancer presumption for first responders to include “any cancer that may be caused by exposure to heat, smoke, radiation, or a known or suspected carcinogen as determined by the International Agency for Research on Cancer.”

 

HB 2009 by Hernandez (D-Houston): Requires a fire department of offer an annual occupational medical examination to each fire fighter at no cost. Requires the exam to screen for cancer and other occupational diseases.

 

HB 2369 by Patterson (R-Frisco): Adds § 408.0042, Labor Code, to require the TWCD, at the request of a custodial officer, detention officer, emergency medical technician, firefighter, or peace officer, to authorize the performance of a medical exam to define the compensable injury regardless of whether an exam was previously performed. Requires the treating doctor to submit the report to the insurer and the division. Amends § 409.021 to waive the insurer’s right to contest the extent of the injury to a custodial officer, detention officer, emergency medical technician, firefighter, or peace officer if it does not contest the report within 60 days of receipt. Amends § 409.022 to require a contesting carrier to state the specific reasons for contesting the claim and provide evidence upon which the determination is based. Adds § 410.170 to require the insurer to directly reimburse the injured custodial officer, detention officer, emergency medical technician, firefighter, or peace officer for all medical expenses incurred in relation to the injury if the carrier denied the claim, the ALJ determined that the injury was compensable, and the ALJ’s decision was not appealed and became final. Further requires the insurer to directly reimburse the employee’s medical expenses if the appeals panel affirms the ALJ’s determination that benefits are owed or reverses the ALJ’s determination that benefits are not owed. Requires the insurer to pay reimbursement regardless of whether the ALJ  awarded benefits by written opinion and regardless of whether the insurer seeks judicial review.

 

HB 2387 by Leo-Wilson (R-Galveston): Adds chaplains to the list of first responders entitled to certain presumptions and benefits under the workers’ compensation statutes.

 

HB 2414 by Cole (D-Austin): Adds § 408.0061 [replacing current § 504.019], Labor Code, to add to the definition of “first responder” both state employees and employees of institutions of higher education. Creates a presumption that post traumatic stress disorder is compensable unless it is shown by a preponderance of the evidence that the injury occurred outside of employment and no event or events that occurred inside course and scope were a producing cause of the injury. Makes a number of conforming changes.

 

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

 

HJR 65 by S. Thompson: Amends § 26, Art. XVI, Texas Constitution, to allow parents to recover punitive damages for homicide (applies to gross negligence in workers’ compensation cases).

 

SB 67 by Zaffirini (D-Laredo): Permits the Division of Workers’ Compensation, upon a finding of good cause, to conduct contested case hearings by videoconference. Requires the division to do so if: (1) the claimant resides more than 75 miles from the hearing site; (2) the claimant is employed or provides volunteer services as a custodial officer, detention officer, EMT, firefighter, or peace officer; or the insurance carrier is the State Office of Risk Management, TAMU System, UT System, or TXDOT. Referred to Senate Business & Commerce on 2/3.

 

SB 220 by West (D-Dallas): Adds § 408.011, Labor Code, to allow an employee victimized by sexual assault or abuse to pierce the exclusive remedy of workers’ compensation if the employee  has an intellectual or developmental disability and the employee’s injuries arose from the employer’s negligence. Referred to Senate Business and Commerce on 2/3.

 

SB 264 by Perry (R-Lubbock): Winds down the Texas self-insurance group guaranty fund and trust fund under the Texas Workers’ Compensation Act. Referred to Senate Business & Commerce on 2/3.

 

SB 423 by Eckhardt (D-Austin): Authorizes DWC to conduct a contested case hearing by remote means on mutual agreement of the parties. Referred to Senate Business & Commerce on 2/3.

 

Pandemic Liability/Emergency Powers

 

HB 383 by Harrison (R-Midlothian): Prohibits an employer from adopting or enforcing a COVID-19 vaccination mandate. Prohibits an employer from taking an adverse action against a person who refuses a vaccination. Authorizes an aggrieved person to file a complaint with the Texas Workforce Commission. Referred to House Trade on 2/28.

 

HB 468 by Harrison (R-Midlothian): Bars the executive commissioner of HHSC from adding new immunizations to the list of required immunizations for elementary and secondary schools. Prohibits a governmental entity from requiring anyone to get an immunization, with the exception of elementary and secondary schools. Bars a school from excluding a student who refuses immunization for religious reasons in times of emergency or epidemic disease.

 

HB 523 by Harrison (R-Midlothian): Requires an order of the governor or local official during a declared state of emergency that affects individual rights to be narrowly tailored to serve a compelling public interest for health and safety purposes and limited in duration, applicability, and scope. Gives state courts jurisdiction to hear challenges to emergency orders. Provides that only the governor may issue an emergency order that infringes on protected constitutional rights. Limits the duration of such an order to 30 days. Requires legislative authority to extend such an order. Requires the legislature to renew a state of disaster beyond 30 days. Limits the governor’s authority to suspend state law only to state agency rules. Referred to House State Affairs on 3/3.

 

HB 943 by Cain (R-Houston): Prohibits a person from compelling or coercing an individual lawfully residing in the state into obtaining a COVID-19 vaccination contrary to the individual’s vaccination preference. Requires a health care provider to obtain an informed consent for a COVID vaccine. Prohibits a person from taking an adverse action based on the person’s refusal to obtain a COVID vaccine. Authorizes the attorney general to obtain injunctive relief against a person to prevent a violation of this act. Imposes civil liability against a health care provider of $5,000 and allows recovery of all costs and reasonable attorney’s fees. Referred to House Public Health on 3/6.

 

HB 1165 by Hinojosa (D-Austin): Requires the governor to submit to the Legislature, not later than 30 days after declaring or renewing a state of disaster, a report detailing contracts entered into without competitive bidding, federal money received, expenditures or expenditure plans for federal money, and each state agency or program receiving federal money or state matching funds.

 

HB 1356 by Schatzline (R-Fort Worth)/HB 3392 by Swanson (R-Spring): Imposes a civil penalty of $50,000 against a health care provider who denies or refuses to provide a treatment, procedure, or service based on the person’s vaccination status.

 

HJR 32 by Vasut (R-Angleton): Amends § 8, Art. IV, Texas Constitution, to require the governor to call a special session at the request of 2/3 of the members of each house.

 

HJR 91 by Hopper (R-Decatur): Adds § 37, Art. I, Texas Constitution, to protect an individual’s choice to refuse a vaccine. Provides further than vaccination status may not be made a condition of employment, travel, school or other educational institution attendance conducting business, receiving governmental services, or any other action.

 

SB 407 by Middleton (R-Galveston)/HB 1468 by Leo-Wilson (R-Galveston): Prohibits a health care facility from refusing a vaccination exemption based on reasons of conscience. SB 407 referred to Senate Health and Human on 2/3.

 

SB 623 by Schwertner (R-Georgetown): Gives a pharmacist exclusive authority over whether to administer a COVID-19 vaccine. Referred to Senate Health and Human on 2/3.

 

SB 871 by Birdwell (R-Granbury): Amends § 418.004(1), Government Code, to exclude from the definition of “disaster” a natural or man-made cause “unrelated to the use of force or violence such as civil unrest, riots, or insurrection.” Adds § 418.0126 to give the legislature sole authority to restrict or impair the operation or occupancy of businesses to respond to a disaster, in consultation with the county judge of each affected county. Requires the governor to call a special session if the governor finds that the authority of the legislature should be exercised. Adds § 418.014(c-1), Government Code, to require the governor to call a special session in order to renew or extend a declared state of emergency. Bars the governor from declaring a new state of disaster based on the same or a substantially similar finding as a prior state of disaster that was terminated or not renewed by the legislature. Amends § 418.055, Government Code, to require the governor and an affected state agency to publish a list of rules suspended by the governor in a state of emergency. Adds § 418.0165, Government Code, to bar the governor from suspending Chapter 433 (state of emergency) or a law or rule related to the application of the Texas Sunset Act (Ch. 325, Government Code) if the suspension results in the continuation of an agency beyond the sunset date. Limits suspension of a provision of the Code of Criminal Procedure, Election Code, or Penal Code only during the first 30 days of a declared state of disaster (if the governor wants to extend these further, he has to call a special session). Amends § 418.027, Government Code, to provide that a state declaration of disaster pre-empts a local declaration unless expressly authorized by the governor. Adds § 433.0025, Government Code, to give the legislature exclusive authority to restrict or impair the operation or occupancy or businesses during a disaster. Referred to Senate State Affairs on 2/13.

 

SB 950 by Johnson (D-Dallas): Requires the Legislative Budget Board to hold a public hearing on a gubernatorial proposal that affects appropriations during a declared state of disaster. Requires the governor to implement the LBB’s recommendation. Limits the governor’s authority to declare a state of disaster to specific conditions or requirements and to publish a chronological list of all proclamations, orders, or regulations suspended, amended, or rescinded by the governor during the previous seven-day period. Referred to Senate Finance on 2/13.

 

SB 951 by Johnson (D-Dallas): Requires the legislature to appoint a joint disaster oversight committee. Limits the governor’s authority to renew a declaration of a state of disaster beyond 90 days of the original declaration without a public hearing by the committee and legislative approval in regular or special session. Bars the governor from declaring a new state of emergency on the same or substantially similar finding if the legislature has terminated or disapproved of the renewal. Referred to Senate State Affairs on 2/13.

 

SJR 40 by Birdwell (R-Granbury): Amends § 8, Article IV, Texas Constitution, to require the governor to call a special session to renew a state of disaster if the disaster: (1) exists in at least 2/5 of the state’s counties; (2) affects at least half the state’s population; or (3) affects at least 2/3 of counties in each of three or more trauma service areas. Bars a state of disaster or emergency from last more than 30 days unless renewed or extended by the legislature (90 days for a nuclear or radiological event). Amends § 3, Article V, Texas Constitution, to grant standing to a member of the legislature to challenge the governor for not complying with special session requirement and to vest original jurisdiction in SCOTX for the challenge. Referred to Senate State Affairs on 2/13.

 

Artificial Intelligence/Data Privacy

 

HB 235 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 House Criminal Jurisprudence on 2/27.

 

HB 387 by Leo-Wilson (R-Galveston)/HB 1092 by Shaheen (R-Plano): Expands the criminal offense of producing or distributing a sexually explicit deep fake video to include a deep fake image as well. Referred to House Criminal Jurisprudence.

 

HB 401 by M. Gonzalez (D-El Paso)/SB 893 by Johnson (D-Dallas)/HB 2795 by Talarico (D-Austin): Expands the election law offense of creating or distributing a deep fake video with the intent to injure a candidate or influence the election to apply to all such videos, not only those produced or distributed within 30 days of the election. SB 893 referred to Senate State Affairs on 2/13. HB 401 referred to House Elections.

 

HB 401 by Johnson (D-Houston): Enhances and expands criminal penalties for the promotion or possession of a file in any digital format containing material constituting child pornography. Expands the statute to apply to images created by AI or other computer software that a reasonable person could not distinguish from an actual child under age 18. Referred to House Criminal Jurisprudence on 2/28.

 

HB 421 by M. Gonzalez (D-El Paso): Adds Chapter 121, Business & Commerce Code, to require a deep fake generator to verify the age of a person depicted in the deep fake using commercially reasonable means. Prohibits a generator from generating a deep fake material depicting a person at least age 18 without the person’s consent. Bars the generation of any deep fake material depicting a person under age 18. Creates a private cause of action for actual and punitive damages, court costs, and attorney’s fees. Referred to House JCJ on 2/28.

 

HB 449 by M. Gonzalez (D-El Paso)/SB 1108 by Parker (R-Flower Mound)/HB 2551 by Fairly (R-Amarillo): Expands § 21.165, Penal Code, to prohibit a person from, without effective consent, for knowingly producing a deep fake image or deep fake video of the person. SB 1108 referred to Senate Criminal Justice on 2/24. HB 449 referred to House Criminal Jurisprudence on 2/28.

 

HB 556 by M. Gonzalez: Establishes an election law offense for creating or distributing any artificially generated media with the intent to injure a candidate or influence an election within 30 days of an election. Referred to House Elections on 3/3.

 

HB 1121 by Gamez (D-Brownsville): 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. Creates a parallel criminal offense.

 

HB 1265 by Schatzline (R-Fort Worth): Permits a licensed mental health professional to provide AI mental health services to a patient for testing purposes if the patient gives informed consent. Provides that a professional who provides AI mental health services is subject to the same ethical standards as applicable to services provided by a licensed professional. Directs HHSC to review and approve AI applications that have completed testing. Establishes specific duties of a mental health professional who uses an AI application.

 

HB 1709 by Capriglione (R-Southlake): Adds Chapter 551, Business & Commerce Code, as follows:

 

Key Definitions:

• “Algorithmic discrimination”—“any condition in which an artificial intelligence system when deployed creates an unlawful discrimination of a protected classification in violation of state or federal law”
• “Consequential decision”—“decision that has a material legal, or similarly significant, effect on a consumer’s access to, cost of, or terms of” enumerated categories, including a criminal matter, employment, financial services, residential utility services, health care services, housing, insurance, transportation services, constitutionally protected services or products (i.e., guns), and elections
• “High-risk artificial intelligence system”—“any [AI] system that is a substantial factor to making a consequential decision” (exempts an AI system “intended to detect decision-making patterns or deviations from prior decision-making patterns and is not intended to replace or influence a previously completed human assessment without sufficient human review”

 

New Statutory Duties for Developers:

1. Duty of “reasonable care” to protect consumers for “known or reasonably foreseeable risks of algorithmic discrimination”
2. Duty to inform distributors and deployers of correction, recall, or withdrawal
3. Duty to investigate if developer “becomes aware or should reasonably be aware” of unlawful use of system
4. Duty to inform the attorney general of non-compliance and corrective measures
5. Duty to keep “detailed records” of training sets used to develop a generative system
6. Duty to provide documentation and information necessary to assist deployer in preparing impact assessments
7. Duty to disclose certain information to consumers
8. Duty to identify, prior to deployment, potential risks or algorithmic discrimination and implement risk management policy

 

New Statutory Duties for Deployers:

1. Duty of “reasonable care” to protect consumers for “known or reasonably foreseeable risks of algorithmic discrimination”
2. Duty to suspend use of non-compliant system
3. Duty to inform developers and distributors of non-compliant system
4. Duty to assign competent, trained human oversight of “consequential decisions” made by the system
5. Duty to complete an annual impact assessment and within 90 days of any substantial or intentional modification of system (for whom?)
6. Duty to disclose, following an intentional or substantial modification, the extent to which the system was used in a manner consistent with or varied from developer’s intended use
7. Duty to retain assessments and pertinent records for three years
8. Duty to review annually each system to ensure no algorithmic discrimination
9. Duty to disclose certain information to consumers
10. Duty to identify, prior to deployment, potential risks or algorithmic discrimination and implement risk management policy
11. Duty to notify council, attorney general, or regulatory agency within 10 days of discovery

of algorithmic discrimination or inappropriate or discriminatory consequential decision

12. Duty to suspend use of system if the developer discovers use of unlawful inputs or production of outputs
13. Duty to inform the council and attorney general as soon as practicable of developer’s discovery of unlawful inputs and outputs
14. Deployers who put their name or trademark on a high-risk AI system already placed in the market or who intentionally and substantially modify a system are treated as developers

 

New Statutory Duties for Digital Service Providers and Social Media Platforms:

• Duty to require advertisers to prevent deploying a system that could expose users to algorithmic discrimination

 

Unlawful Development/Deployment:

• Use of subliminal techniques “beyond a person’s consciousness”
• Use of purposefully deceptive or deceptive techniques with effect of materially distorting the behavior of a person or group “by appreciably impairing their ability to make an informed decision causing the person to make a decision the person wouldn’t have made in a manner that causes or is likely to cause significant harm
• Social scoring
• Capturing a biometric identifier
• Inferring or interpreting sensitive personal attributes of a person or group using biometric identifiers
• Use of characteristics of a person or group based on race, color, disability, religion, sex, national origin, age, or a specific social or economic situation to materially distort the behavior of a person that causes or is likely to cause significant harm
• Infer the emotions of a natural person
• Unlawful visual material in violation of § 43.26, Penal Code (child pornography) or § 21.165, Penal Code (sexually explicit deep fake videos)

 

Enforcement and Penalties for Developers and Deployers:

• Attorney general enforcement
• Civil investigative demand authority
• 30-day notice of violation before bringing an enforcement action
• 30-day right to cure
• Injunctive relief, attorney’s fees, and expenses
• Administrative fine for failure to cure of $5,000 to $10,000 per violation
• Administrative fine for an uncurable violation of $80,000 to $200,000 per violation
• In the case of a prohibited use, administrative fine of $40,000 to $100,000 per violation
• Allows state licensing agencies to assess additional fines against individual licensees of $100,000 and license suspension, probation, or revocation

 

Presumptions/Defenses:

• Rebuttable presumption that developer, distributor, or deployer used reasonable care if they comply with their statutory duties

 

Consumer Appeal

• Consumer may “appeal a consequential decision” and “shall have the right to obtain from the deployer clear and meaningful explanations of the role of the high-risk artificial intelligence system in the decision-making procedure and the main elements of the decision taken”

 

Constitutionality:

• Bars a court from construing the statute to adversely affect rights and freedoms of a person, including right of free speech

 

Pre-emption:

• Pre-empts local ordinances

 

Exemptions:

• Small business (USSBA definition)

 

New Consumer Rights under Data Privacy Act

 

• Amends various sections of Chapter 541, Business & Commerce Code, to demand the following from a data controller: (1) to know whether the consumer’s personal data is or will be used in any AI system and for what purpose; and (2) to opt-out of the sale of personal data for use in an AI system.

 

New Controller and Processor Duties under Data Privacy Act

 

• Controller must acknowledge the collection, use, and sharing of personal data for AI purposes
• Processor must assist controller in the security of data collected, stored, and processed by AI systems

 

HB 1717 by Shofner (R-Nacogdoches): Amends §§ 43.26, .261, and .262, Penal Code (sexually explicit visual material involving children) to cover images created by AI or other computer technology that are indistinguishable to an ordinary person from an actual minor.

 

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

 

HB 2491 by Talarico (D-Austin): Adds Chapter 121, Business & Commerce Code, to prohibit the sale of algorithmic device services or products for the purpose of setting or recommending the amount of rent to be charged to a tenant for residential purposes. Bars the use of nonpublic competitor data pertaining to residential properties in Texas in algorithmic calculations. Applies the DTPA to violations.

 

HB 2922 by Spiller (R-Jacksboro)/SB 815 by Schwertner (R-Georgetown): Adds § 4201.156, Insurance Code, to prohibit a utilization review agent from using an AI-based algorithm as the sole basis for taking an adverse action against an enrollee on the basis of medical necessity or the appropriateness of health care services or items. Authorizes the commissioner of insurance to audit and inspect. SB 815 heard in Senate Business & Commerce on 2/27.

 

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

 

HB 3454 by Gamez (D-Brownsville): Requires an insurance company that pays a claim of total loss of personal property stored at a vehicle storage facility liable to the operator of the facility for delivery, storage, and disposal costs.

 

HB 3755 by Capriglione (R-Southlake): Adds § 503.001(f), Business & Commerce Code, to exempt from statutory requirements regarding the possession and destruction of biometric identifiers AI or related training, processing, or storage, unless performed for the purpose of uniquely identifying a specific individual. Further provides that if a biometric identifier is captured for the commercial purpose of AI is used for another and separate commercial purpose, the statute’s requirements and penalties apply.

 

HB 3808 by Harrison (R-Midlothian): Establishes an AI Advisory Council to study and monitor AI systems developed, employed, or procured by state agencies. Directs the Council to establish an AI learning laboratory.

 

SB 228 by West (D-Dallas): Makes it a criminal offense to generate or distribute political advertising created by generative AI that purports to show a candidate or officeholder’s conduct that did not in reality occur or that misrepresents or distorts what an unaltered, original version of the material would show. Referred to Senate Business and Commerce on 2/3.

 

SB 382 by Middleton (R-Galveston)/HB 2400 by Leo-Wilson (R-Galveston): Prohibits a school district or open-enrollment charter school from using AI in classroom instruction or to replace or supplement a teacher’s role in providing instruction or interacting with students in providing instruction. Referred to Senate Education K-16 on 2/3.

 

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

 

SB 442 by Hinojosa (D-McAllen): Expands the criminal offense of producing or distributing a sexually explicit deep fake video to include any deep fake media. Referred to Senate Criminal Justice on 2/3.

 

SB 668 by Hughes (R-Mineola): Adds Chapter 2003, Business & Commerce Code, to regulate persons who use AI to provide services to an individual in this state, including answering questions, gathering information, summarizing information, generating textual, audio, or visual material, or providing information to be used in lending, underwriting, risk assessment, investing, or hiring decisions. Applies only to a person who generated, or is more than 25 percent owned by a person who generated, at least $100 billion in total revenue, including revenue generated by subsidiaries. Requires the person to disclose the name of each AI model, a brief description of the model’s functions and purposes, the name of each public or private third party that provided input on the AI model and a description of that input, and any changes made to the model based on third-party input. Does not apply to third-party input provided in an individual’s personal capacity or based on an individual’s own experience using the service. Requires the regulated person to give the attorney general access to the person’s records to ensure compliance. Makes a violation of the statute a DTPA violation. SB 668 referred to Senate Business & Commerce on 2/3.

 

SB 726 by Hughes (R-Tyler)/HB 3285 by Hefner (R-Mt. Pleasant): Adds Chapter 611, Business & Commerce Code, to require a smart device operator (defined as a manufacturer, another person who remotely operates, monitors, or updates a device, another person who provides digital or physical services to a user, or a person who receives or has the capacity to receive a user’s personal data) to develop and offer users a mobile app that contains specified information and disclosures regarding the capture and collection of user data (including identifying the persons who have access to the data and any third parties with whom data is shared). Requires the operator to update the information on a monthly basis. Requires the mobile app to allow a user to stop data collection or the use of any audio, video, or biometric recording feature of the device. Requires the operator to provide quarterly notice to a user of the availability of the app and the methods by which the user may customize data collection. Requires notice to be sent by text, email, or regular mail and as part of the communication regarding the app itself. Referred to Senate Business & Commerce on 2/7.

 

SB 1188 by Kolkhorst (R-Brenham): Adds Chapter 183, Health & Safety Code, to require medical facilities, health care practitioners, and governmental entities to store all electronic health record information of Texas residents only at a US location and to ensure that the records are inaccessible to any person located outside the US. Requires a health record to contain the individual’s medical history and any communications between a practitioner and a specialty health care practitioner related to the individual’s metabolic health and diet in the treatment of a chronic disease or illness. Prohibits the collection or storage of information related to an individual’s credit score or voter registration status. Requires a practitioner who uses AI for diagnostic or other purposes to review all information obtained through AI to ensure the accuracy of the information for that patient before entering the information in the patient’s electronic health record. Requires facilities, practitioners, or governmental entities to allow a minor’s parent, guardian, or conservator to fully access the minor’s electronic health record unless access is restricted under other law. Requires the TMB and TDI to ensure that each electronic health record include a separate space for the practitioner to document the individual’s biological sex, information on sexual disorders, and any algorithm or decision assistance tool to assist a practitioner in making a medical treatment decisions based on the individual’s biological sex. Enforcement by disciplinary action of the appropriate state licensing agency. Referred to Senate HHS on 2/28.

 

SB 1411 by Campbell (R-San Antonio): Adds Subchapter O, Chapter 554, Insurance Code, to prohibit discrimination on the basis of race, color, national origin, gender, age, vaccination status, or disability through the use of a clinical AI-based algorithm in the health plan issuer’s decision making. Requires an issuer to publish on its website a disclosure regarding the issuer’s use of AI-based algorithms in its utilization review process. Requires an issuer to submit an AI-based algorithm and training data sets that may be used in utilization review to TDI for certification that they have minimized the risk of discrimination and adhere to evidence-based clinical guidelines. Requires a utilization review agent to require that a specialist open and document the UR of an individual’s clinical records or data before making an adverse determination. Adds Chapter 117, Health & Safety Code, to prohibit a physical or health care provider from using clinical AI-based algorithms in a discriminatory fashion. Authorizes the inspector general of DSHS to investigate fraud and abuse regarding AI-use in the delivery of health care. Establishes a notice of violation process and, if a violation is established, to subject a physician or provider to suspension or revocation of the provider’s license, refusal to issue a new or renewed license for a year, a $5,000 fine for an unintentional violation, a $10,000 fine for an intentional violation (aggregate fines cannot exceed $50,000 in a year). Referred to Senate B&C on 3/6.

 

SB 1642 by Schwertner (R-Georgetown): Reverts to an appointed commission on insurance consisting of three members serving staggered six-year terms. Directs the governor to designate one member as the presiding officer.

 

SB 1643 by Schwertner (R-Georgetown): Requires prior approval by the commissioner of insurance of a rate increase of more than 10% for residential property or personal auto insurance.

 

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

 

Administrative Procedures

HB 10 by Capriglione (R-Southlake): Establishes the Texas regulatory efficiency office. Provide that a court is not required to give difference to state agencies, legal determination regarding the construction validity or applicability of a law or rule adopted by the state agency. Requires a reviewing court to review all questions of law de novo, including the interpretation of constitutional or statutory provisions or rules adopted by a state agency, without giving difference to legal determination by state agency. Referred to House Delivery of Government Efficiency on 3/3.

 

HB 404 by Harrison (R-Midlothian):  Amends § 2001.039, Government Code, to require a state agency’s review of a rule to assess the costs imposed on a regulated person if the rule is subject to § 2001.0045 (providing that a state agency that adopts certain rules that imposes a cost on regulated persons must be offset by the repeal or amendment to another rule to reduce costs to regulated persons by the same amount). Requires the agency to post on its website the data, working papers, and other materials used by the agency to make the assessment. Terminates a rule for which the agency failed to complete a timely rule review on the day following the statutory deadline for the review. Allows a person “potentially injured” by the continued enforcement of a terminated rule to bring a civil action for a declaratory judgment against and injunctive relief from the rule’s continued enforcement. Awards a prevailing plaintiff reasonable costs and attorney’s fees from the agency. Referred to House Delivery of Government Efficiency on 2/28.

 

HB 587 by Harrison (R-Midlothian)/HB 3836 by Curry (R-Waco): Requires permanent or emergency rules adopted by a state agency to be approved by the statewide elected official responsible for the agency. Referred to House Delivery of Government Efficiency on 3/4.

 

HB 606 by Harrison (R-Midlothian): Requires a judge or administrative law judge to interpret a statute, rule, or other guidance issued by a state agency de novo, without deference to an agency’s interpretation of the provision. Requires a judge or ALJ to resolve the question of an ambiguous provision of state law in favor of limiting state agency authority. Referred to House Delivery of Government Efficiency on 3/3.

 

HB 736 by Flores (D-Austin): Repeals § 7.351(e), Water Code, which provides that if a local government, a person affected, or an authorized agent discovers a violation that is within 120 days of the expiration of the limitations period described in Section 7.360, the local government, person affected, or authorized agent may institute a claim described by Subsection (b) on or after the 45th day after the date the attorney general and the executive director of the commission receive the notice required by Subsection (c) unless before the 45th day after the date the notice is received the commission has commenced a proceeding under Subchapter C or the attorney general has commenced a civil suit under Subchapter D concerning at least one of the alleged violations set forth in the notice.  Referred to House Environmental Reg on 3/5.

 

HB 926 by Harrison (R-Midlothian): Amends § 2001.0045, Government Code (requiring a state agency to fiscal note new regulations and repeal or amend existing rules to offset the cost) to eliminate various exceptions and replace them with a general exception applying if the agency is explicitly required to adopt the rule by law. Referred to House Delivery of Government Efficiency on 3/6.

 

HB 940 by Harrison (R-Midlothian): Prohibits a state agency from changing a finding of fact or conclusion of law made by an ALJ or from vacating or modifying an order of an ALJ. Referred to House DOGE on 3/6.

 

HB 944 by Harrison (R-Midlothian): Establishes the Legislative Economic Analysis Unit tasked with, among other things, identifying and reviewing “major rules” adopted by state agencies in terms of their economic impact. Sunsets “major rules” if the Legislature does not validate them in the regular session following adoption of the rule. Defines a “major rule” generally as one with a $10 million or greater impact on the economy or that has other economic of social effects that the Unit determines to be significant. Referred to House DOGE on 3/6.

 

HB 1259 by Tepper (R-Lubbock): Establishes the State Agency Rules Review Commission to approve or disapprove state agency rules (the bill sets up an incredibly cumbersome process for rule review).

 

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

 

HB 2335 by Cain (R-Houston): Adds § 2001.008, Government Code, to require a state agency to readopt, readopt with amendments, or repeal a rule that implements, interprets, or prescribes a law or policy of this state that incorporates by reference a document that is not the law or policy of this state, and as a result of an amendment to that document the rule would allow the expansion of the agency’s regulatory authority or impose a greater economic burden on regulated persons or the state economy.

 

HB 2445 by Dutton: Adds § 361.042, Health and Safety Code (Solid Waste Disposal Act), to require TCEQ to set each carcinogenic risk level used by the commission at a rate not greater than one in a million.

 

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

 

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

 

SB 138 by Hall (R-Edgewood)/HB 2338 by Frank (R-Wichita Falls): Amends § 2001.0045(c), Government Code (the Administrative Procedures Act), to require a rule that is necessary to protect the health, safety, and welfare of Texas residents to comply with the mandate that an agency cannot adopt a rule that increases costs to the regulated people or entities unless it repeals or amends another rule to offset that cost. Makes any rule adopted in violation of that mandate voidable. SB 138 referred to Senate Business & Commerce on 2/3.

 

SB 278 by Miles (D-Houston): Prohibits a former TCEQ employee from being employed by a person regulated by the commission for two years from the anniversary date of the termination of the employee’s employment. Imposes an administrative penalty against a person who hires a former employee in violation of the statute of up to three times the employee’s salary. Referred to Senate State Affairs on 2/3.

 

SB 520 by Middleton (R-Galveston): Requires state agencies to adopt a priority system for considering public comments. Requires the agency to give first consideration to comments by individual residents directly affected by the agency action, second place to other Texas residents, third place to resident businesses and nonprofit organizations, and fourth priority to non-resident comments. Bars agencies from considering nonresident comments. Referred to Senate Business & Commerce on 2/3.

 

SB 1474 by Hall (R-Edgewood): Requires a majority of both houses of the legislature to adopt an agency rule that has been withdrawn on two prior occasions. Requires a majority of both houses of the legislature to approve a rule adopted during the preceding interim if at lease 52 percent of the written and oral comments concerning the rule expressed disapproval. Requires each emergency and proposed rule be referred to a standing committee of each house. Requires the committee, within 30 days of submission, to consider the rule in public hearing. Requires unanimous approval to adopt or the rule is suspended until consideration by that house.

 

SB 1479 by Hall (R-Edgewood): Limits a state agency’s authority to adopt an emergency rule to a period in which a state of emergency declaration or disaster declaration has been issued by the governor.

 

SJR 61 by Hall (R-Edgewood): Proposes a constitutional amendment authorizing legislative review or approval of rules and adopted by state agencies.

 

Jury Matters

 

HB 580 by Flores (D-Austin): Adds § 30.023, CPRC, to allow a party, after delivery of the jury lists to the court clerk and before the court impanels the jury, to request the court to dismiss the array of jurors and call a new array in the case. Requires the court to grant a motion of a complaining party for dismissal of the array of jurors if the attorney representing the opposing party exercised peremptory challenges for the purpose of excluding prospective jurors based on their actual or perceived race, ethnicity, sex, gender identity, sexual orientation, disability status, national origin, economic status, or religious affiliation, and the complaining party has offered evidence of relevant facts that tend to show that the opposing attorney exercised strikes in that manner. Provides that if the complaining party makes a prima facie case, the burden shifts to the opposing attorney to explain the challenges. Requires the court to call a new array if it finds that either party improperly exercised peremptory challenges. Referred to House JCJ on 3/3.

 

HB 745 by Vasut (R-Angleton): Exempts from jury duty a victim or close relative of a deceased victim of a crime who testified in a court proceeding relating to the offense of which the person or relative were a victim. Referred to House JCJ on 3/5.

 

HB 1957 by Smithee (R-Amarillo): Amends § 62.106, Government Code, to lower the jury service exemption from over 75 to over 65.

 

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

 

SB 1189 by A. Hinojosa (R-Brownsville)/HB 3912 by Morales (D-Eagle Pass): Exempts firefighters and police officers from jury duty.

 

SB 1888 by Sparks (R-Midland): Provides that in a county of less than 25,000, the jury wheel may be reconstituted by using voter registration lists and holders of valid Texas driver’s licenses or valid DPS-issued identification cards. Qualifies otherwise qualified jurors in those counties who reside in a county contiguous to the summoning county.

 

Insurance

 

HB 722 by Bucy (D-Austin): Requires an auto insurer, at the request of the insured, to provide a written explanation of the procedures, formulas, calculations, or methods used by the insurer’s appraisers to determine the amount of loss. Referred to House Insurance on 3/4.

 

HB 778 by Leach (R-Allen): Requires group health insurance plans that cover an enrollee’s or procedure to cover all possible consequences of the treatment, any testing or screening gender transition necessary to monitor the mental and physical health of the enrollee on an annual basis, and any procedure or treatment necessary to reverse it. Requires the insurer to cover subsequent treatment even if the enrollee was not enrolled at the time of the gender transition procedure. Exempts ERISA plans. Referred to House Insurance on 3/5.

 

HB 854 by Hernandez (D-Addison): Requires a residential property insurer in a policy that includes replacement cost coverage to pay at least 80% of the estimated cost or repair for a valid claim. Does not require the insurer to pay more than replacement cost for personal property of like kind and quality. Referred to House Insurance on 3/5.

 

HB 946 by Hernandez (D-Addison): Prohibits a claimant and an insurer that writes personal or commercial automobile insurance from entering into an oral release for claims arising out of property damage or injury for which the insurer may be liable under the policy. Referred to House Insurance on 3/6.

 

HB 970 by Harrison (R-Midlothian): Adds a new subchapter to Chapter 1369, Insurance Code, to require a pharmacy benefit manager to pass through any discount, rebate, or price reduction received from a drug manufacturer to an enrollee in a health benefit plan, as reflected in the price paid by the enrollee at the pharmacist. Requires any coinsurance to be linked to the net price as reduced. Imposes a civil penalty on a PBM that violates the statute in the amount of three time the total amount of the unreflected price reduction plus $5,000 per violation. Enforceable by the attorney general. Referred to House Insurance on 3/6.

 

HB 1250 by Martinez Fischer (D-San Antonio): Makes the Commissioner of Insurance a statewide elected office with a four-year term coinciding with the governor.

 

HB 1364 by Hernandez (D-Houston): Subjects county mutual insurers to the requirements of Subchapter C, Chapter 1952, Insurance Code, which requires automobile liability insurers to provide uninsured/underinsured coverage.

 

HB 1809 by Hernandez (D-Houston)/SB 1238 by Kolkhorst (R-Brenham): Amends § 544.002, Insurance Code, to bar an insurer from refusing to provide coverage or providing differential coverage on the basis that an individual is widowed. SB 1238 referred to Senate B&C on 2/28.

 

HB 1959 by Frank (R-Wichita Falls)/SB 926 by Hancock (R-Richland Hills): Adds § 843.322, Insurance Code, to authorize an HMO to provide incentives for enrollees to use certain physicians or providers through modified deductibles, copayments, coinsurance, other cost-sharing provisions. Imposes on an HMO a fiduciary duty to engage in cost-sharing incentives or establishing a tiered network plan for the primary benefit of the enrollee or group contract holder. Adds § 1301.0047, Insurance Code, to apply the same provision to insurers. Amends § 1460.003, Insurance Code, to allow a health benefit plan issuer from publishing physician rankings or classifications into tiers unless: (1) the standards are promulgated by commission rule; (2) the issuer discloses the ranking to the affected physician at least 45 days in advance of publication and identifies which products or networks the ranking will be used for; and (3) the issuer gives each physician an easy-to-use process to identify discrepancies between the standards and the physician’s ranking. (Current law is similar, but the bill requires the commissioner to adopt the standards by rule, whereas current law allows the issuer to use nationally-recognized standards.)  Amends § 1460.005(c), Insurance Code, to limit the commissioner’s discretion in adopting standards to certain, “unbiased” organizations that are nationally-recognized, have publicly-transparent criteria, and uses risk-adjusted outcomes and an easy-to-use process by which a provider may report errors and have them corrected.

 

HB 2067 by Paul (R-Webster)/SB 1006 by Middleton (R-Galveston): Amends various sections of Chapter 551, Insurance Code, to require an insurer to provide a written statement of the reasons for declining an insurance policy (current law requires a statement only if requested). SB 1006 set for hearing in Senate Business & Commerce on 3/4.

 

HB 2150 by Garcia Hernandez (D-Addison)/SB 177 by Menendez (D-San Antonio): Requires health benefit plans to have 24 hour/7 day coverage for telephone assistance and a two-hour response time if an agent is unavailable for reasons outside the plan’s control. SB 177 referred to Senate Health and Human on 2/3.

 

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

 

SB 959 by Perry (R-Lubbock): Amends § 1369.053, Insurance Code, to exempt self-funded employer sponsored health plans under ERISA from Subchapter B, Chapter 1369 (regulation of prescription drug benefits). Makes other changes to Subchapter B regarding the modification of prescription drug benefits under a health benefit plan (the bill essentially bars a health plan from modifying drug coverage). Referred to Senate Health & Human Services on 2/13.

 

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

 

HB 2515 by Martinez Fischer (D-San Antonio): Adds § 541.062, Insurance Code, to make it an unfair method of competition or unfair or deceptive act or practice to require a consumer to bundle personal automobile and residential property insurance from the same insurer as a condition for the issuance of another auto or residential property policy.

 

HB 2616 by Oliverson (R-Cypress): Adds Subchapter I, Chapter 1451, Insurance Code, to allow an HMO or accident and health insurer to enter into a contract with another health benefit plan issued by an HMO or accident and health insurer under which: (1) access to the services of health care practitioners will be provided through one of the contracting issuers to insureds or enrollees of the other issuer; and (2) compensation for access is under a fee-for-service arrangement, risk-sharing arrangement, or capitation arrangement, or any combination of these arrangements. Provides that payment of health care practitioners pursuant to an agreement between issuers is limited to fee-for-service.

 

HB 2750 by C. Harris (R-Palestine): Adds Subchapter R, Chapter 1369, Insurance Code, to prohibit a health plan issuer with a financial interest in a PBM from requiring an enrollee to use the PBM.

 

HB 3021 by Smithee (R-Amarillo): Adds § 559.058, Insurance Code, to require an insurer that uses credit scoring to use a consumer report issued not more than 90 days before the policy is first issued or renewed and to reassess the insured’s policy rating at least every 3 years. Requires the insurer to notify the insured of any change in the insured’s credit score and premiums. Requires the insurer, at the request of an insured, to re-underwrite and re-rate the policy based on a current credit report or insurance score not exceeding once each 12-month period. Allows an insured to opt-out of credit score updates, or the insured is in the most favorably priced tier of the insurer within a group of affiliated companies.

 

HB 3042 by Paul (R-Webster): Adds Chapter 1224, Insurance Code, to require a person to register with TDI before providing a laboratory claim integrity program in the state. Does not apply to a health benefit plan issuer or registered utilization agent. Establishes requirements for such programs. Bars a program from requiring the use of clinical decision support software by a physician or health care provider in advance of an order for lab work or to restrict or influence a provider’s choice of electronic health record software, medical record software, or electronic data interchange clearinghouse company. Provides that a denial or reduction in payment of a claim identified by a program as not meeting the benefit plan’s clinical lab testing reimbursement policy is not an adverse determination for purposes of Chapter 4201.

 

HB 3265 by Darby (R-San Angelo): Prohibits a prescription drug manufacturer, repackager, logistics provider, third-party logistics provider, wholesale distributor, or agent of a prescription drug from discriminating against a covered entity, pharmacy, or pharmacist authorized to receive the drug on behalf of the covered entity, limiting the acquisition of a 340B drug, or requiring the submission of a claim or utilization data as a condition of receiving a 340B drug. Establishes a complaint process. Authorizes SDHS to revoke or suspend the license of a violator. Requires SDHS to refer violations to the attorney general for enforcement. Makes a violation a DTPA violation carrying a civil penalty of $50,000 per violation. Prohibits a health plan issuer or PBM from discriminating against a pharmacy or pharmacist with respect to reimbursement for a prescription drug regardless of whether the pharmacy or pharmacist is a covered entity.

 

HB 3542 by Martinez (D-Weslaco): Prohibits a health benefit plan from denying or limiting an enrollee’s coverage of a prescription drug solely because of a change in the plan’s PBM.

 

HB 3569 by Barry (R-Pearland): Prohibits an insurer from refusing to enter into a contract with a licensed agent. Does not apply to an agent who previously contracted with the insurer, and the insured terminated, suspended, or refused to renew the contract. Prohibits the insurer from terminating, suspending, or refusing to contract or renew a contract with an agent on the basis of direct written premium or the amount of loss that is incurred by the insurer.

 

HB 3845 by Oliverson (R-Cypress): Adds § 4201.156, Insurance Code, to prohibit a payor from providing compensation or thing of value to a utilization review agent based on: (1) the amount or volume of adverse determinations, (2) reductions or limitations on stays, benefits, services or charges; (3) or number or frequency of contacts with providers or patients. Further prohibits inducements or pressure on UR agents to make adverse determinations or retaliation against a UR agent for failing to make an adverse determination. Creates a cause of action for retaliation by a UR agent against a payor for the greater of $1,000 or actual damages (including mental anguish without other injury), punitive damages, costs, and attorney’s fees. Creates a rebuttable presumption that the claimant’s employment or contract was suspended in retaliation for reporting a violation if the termination occurs within 60 days of the report.

 

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

 

HB 3969 by Geren (R-Fort Worth): Adds Subchapter C-2, Chapter 542, Insurance Code, to require an insurer, within 30 days of receiving a request, to respond to a written request for policy information from a claimant asserting a third-party claim that may be covered by a liability policy. Requires the insurer in a sworn statement to provide the name of the insurer, name of each insured, policy limits, any policy or coverage defense the insurer reasonably believes is available, and a copy of the policy. Subjects an insurer to a $500 administrative penalty for failure to comply. Likewise requires a policyholder to respond to a request by a claimant.

 

SB 213 by West (D-Dallas): Adds § 541.062, Insurance Code, to make it an unfair or deceptive practice to require a consumer to purchase multiple personal lines of property and casualty insurance from the same insurer or a personal line property and casualty policy as a condition for the issuance of another policy. Referred to Senate Business and Commerce on 2/3.

 

SB 369 by Schwertner (R-Georgetown): Adds Subchapter I, Chapter 1952, Insurance Code, to require personal auto policies to conform to the appraisal procedure established by statute. Establishes an appraisal process that allows either the policyholder or insurer to demand appraisal not later than the 90^th day after the insurer accepts liability and issues the insurer’s undisputed liability offer. Requires the parties to select an unbiased appraiser not later than the 15^th day after the appraisal demand. Requires the appraisers to appraise the loss not later than 30 days after selection, Provides that if the appraisers disagree, the appraisers shall select a competent umpire within 15 days. Allows either party to request a judge to select the umpire if the appraisers cannot agree. Makes each party responsible for its own appraiser’s fees and expenses and requires the parties to split the umpire’s fees. Requires the insurer to refund the policyholder’s expenses if the appraisal process determines that the amount of loss is more than 10% greater than the insurer’s proposed undisputed loss statement. Provides that the insurer and the insured do not waive any rights under the policy by demanding an appraisal. Referred to Senate Business & Commerce on 2/3.

 

SB 416 by Middleton (R-Galveston): Prohibits an insurer from issuing a personal auto policy unless the proposed insured presents proof of US citizenship. Referred to Senate Business & Commerce on 2/3.

 

SB 455 by Middleton (R-Galveston)/HB 2275 by Meyer (R-Dallas): 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. Referred to Senate Business & Commerce on 2/3.

 

SB 495 by Sparks (R-Midland)/HB 3899 by Paul (R-Webster): Prohibits TDI from requiring an insurer to comply with a NAIC rule developed using any ESG model unless specifically required by statute. Prohibits TDI from adopting a rule relating to ESG developed by an entity not licensed or regulated by TDI, NAIC, or an entity of the state or federal government that regulates insurance. Authorizes a declaratory judgment action to declare such a rule invalid. Placed on Senate Intent on 3/6.

 

SB 458 by Schwertner (R-Georgetown): Adds Chapter 1813, Insurance Code, to require personal auto or residential property insurance policies to include a compliant appraisal provision. Provides that an appraisal conducted under such a provision does not affect other policy terms. Provides that the finding of an appraiser as to the amount of loss is binding on the parties. Referred to Senate Business & Commerce on 2/3.

 

SB 493 by Kolkhorst (R-Brenham): Adds, § 1369.803, Insurance Code, to prohibit a health plan issuer from prohibiting or restricting a pharmacist or pharmacy from informing an enrollee of any difference between the enrollee’s out-of-pocket cost for a prescription drug under the plan and the out-of-pocket cost without submitting a claim. Referred to Senate Health and Human on 2/3.

 

SB 593 by West (D-Dallas): Prohibits an insurer from raising a premium for personal auto or residential property coverage based solely on an action by a governmental body, officer, or employee who has sovereign, governmental, or official immunity from suit or liability from the claim. Referred to Senate Business & Commerce on 2/3.

 

SB 622 by Schwertner (R-Georgetown)/HB 1635 by Oliverson: 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. Referred to Senate Health and Human on 2/3.

 

SB 701 by Hughes (R-Tyler): Amends § 1467.101, Insurance Code (billing disputes between health plan issuers and out-of-network providers), to make it bad faith for an issuer to fail to provide information to permit a meaningful mediation process or to send a representative to a mediation without authority to negotiate. Amends § 1467.103 to provide that bad faith participation in mediation is grounds for a provider to request arbitration, upon which request the department shall appoint an arbitrator and require a decision within 30 days of providing the arbitrator with relevant information. Requires the issuer to pay the amount determined by the arbitrator. Referred to Senate Health and Human Services on 2/7.

 

SB 742 by Schwertner (R-Georgetown): Amends various provisions of the Insurance Code to expand the duties of the office of public insurance counsel pertaining to managed care plans (defined as HMOs, PPOs, or an exclusive provider benefit plan). Directs OPIC to monitor the adequacy of plan networks, advocate for consumers to strengthen the adequacy or oversight of provider networks. Authorizes OPIC to: (1) appear or intervene in matters involving a managed care plan’s ability to provide accessible health care services and reasonable access to covered benefits; and (2) file objections and request hearings regarding any application, filing, or request filed by a managed care plan related to access or waiver of network adequacy requirement, including pending matters. Entitles OPIC to access to all relevant findings and information, including communications related to a filing, and to communicate with a managed plan in the matter. Provides that matters related to access or network adequacy may be subject to informal disposition or heard by SOAH. Authorizes OPIC to participate in individual insurer filings relating to network adequacy and to comment on or participate regarding the effect or implementation of a filing. Requires TDI to respond in writing to OPIC’s written comments and to consider a targeted market conduct examination or other investigation. Directs OPIC to compare managed care plans and produce an annual consumer report thereon. Referred to Senate Health & Human Services on 2/7.

 

SB 818 by Bettencourt (R-Houston)/HB 1906 by Paul (R-Webster): Directs the Center for Health Care Data at UT Health Science Center in Houston to establish the Health Impact, Cost, and Coverage Impact Program to prepare analyses of legislation imposing new mandates on health benefit plan issuers or administrators. Authorizes the lieutenant governor, speaker, or chair of the appropriate committee to request an analysis of proposed legislation regardless of whether the legislature is in session. SB 818 referred to Senate Health & Human Services on 2/7.

 

SB 923 by Hancock (R-Richland Hills): Adds § 314.006, Government Code, to require the Legislative Budget Board to prepare a fiscal impact statement for a bill or resolution that requires a health benefit plan issuer to provide new health benefits, increase payments to health care providers, or implement new contractual or administrative requirements. Requires the statement to estimate the impact on premiums and other costs paid by enrollees. Referred to Senate Health & Human Services on 2/13.

 

SB 945 by Hughes (R-Tyler): Bars an insurer or holding company from including an ESG shareholder proposal in a proxy statement or from adopting one. Referred to Senate State Affairs on 2/13.

 

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

 

SB 1090 by Hughes (R-Tyler): Adds § 1451.210, Insurance Code, to prohibit a provider or issuer of an employee benefit plan or health insurance policy from changing a dentist’s submitted procedure codes through down-coding or bundling unless the provider or issuer undertakes a professional review of the submitted charges and supporting clinical information and determines that the original coding was incorrect, fragmented, or unbundled, as provided in the current Code on Dental Procedures and Nomenclature or consistent with generally accepted standards of care in the practice of dentistry. Referred to Senate Health and Human Services on 2/24.

 

SB 1122 by Schwertner (R-Georgetown): Requires PBMs to comply with Subchapters L and M, Chapter 1369, Insurance Code, which, among other things, prohibit PBMs from administering a plan that treats the plan’s affiliated pharmacists differently than non-affiliated pharmacists (i.e., A PBM must accept any willing provider). Applies to ERISA plans.  Referred to Senate Health and Human Services on 2/24.

 

SB 1156 by Hughes (R-Tyler)/HB 3943 by A. Johnson (D-Houston): Adds Chapter 1462, Insurance Code, to require a health plan to accept any willing provider, whether affiliated or unaffiliated, at the same level of reimbursement. Prohibits other discriminatory practices against non-affiliated providers. Applies to ERISA plans. Exempts risk-sharing or capitation agreements, as well as tiered plans based on value-based quality metrics. Referred to Senate HHS on 2/28.

 

SB 1236 by Hughes (R-Tyler): Amends § 1369.252, Insurance Code, to eliminate the ERISA exemption. Adds § 1369.259(a-1) to prohibit an issuer or PBM from, as the result of an audit, denying or reducing a claim made to a pharmacist or pharmacy except in cases of fraud, where payment has already been made, or where the pharmacist or pharmacy made a substantive non-clerical error or non-recordkeeping error that led to the patient receiving the wrong drug or dosage. Limits the issuer or PBM to recovery of the dispensing fee, not the cost of the drug or any other amount related to an audited claim. Requires an issuer or PBM to make available to any pharmacy or pharmacist in the network a secure, online portal for access to all pharmacy benefit network contracts. Mandates that a pharmacy or pharmacist have an opportunity to refuse a proposed notification or addendum to a network contract. Bars an issuer or PBM from requiring a pharmacist or pharmacy to pay a fee for providing a network contract or a re-credentialing or re-enrollment fee. Bars an issuer or PBM from requiring a pharmacy or pharmacist to participate in a network or otherwise set conditions on participation or impose penalties for refusal to participate. Referred to Senate HHS on 2/28.

 

SB 1287 by Hughes (R-Tyler): Adds § 1369.0542(c), Insurance Code, to require an issuer of a health benefit plan that covers prescription drugs, pharmacy benefit manager, or subcontractor to apply any reduction of out-of-pocket expenses made on behalf of an enrollee for a prescription drug included in a category of essential health services under federal law, regardless of whether the issuer, et al., classifies the drug as an essential health benefit, to the enrollee’s deductible, copayment, cost-sharing responsibility, or out-of-pocket maximum. Referred to Senate B&C on 2/28.

 

SB 1354 by Hughes (R-Tyler)/HB 2978 by Harris (R-Palestine): Adds Subchapter H-1, Chapter 1369, Insurance Code, to prohibit a PBM from reimbursing a pharmacist or pharmacy for a prescription drug or device in an amount less than the actual cost to the pharmacist or pharmacy for the drug or device. Excludes the use of a dispensing fee to calculate the reimbursement amount. Requires a PBM to reimburse a pharmacy or pharmacist for a dispensing fee in an amount not less than the amount paid for the drug or device under the Medicaid fee-for-service model. Establishes an appeal process and remedies for a prevailing pharmacist or pharmacy. Applies to ERISA plans. Referred to Senate HHS on 3/6.

 

SB 1429 by Hughes (R-Tyler): 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. Referred to Senate B&C on 3/6.

 

SB 1674 by Menendez (D-San Antonio): Raises the minimum amount of motor vehicle liability coverage from $30,000 to $50,000 for bodily injury or death to one person, $60,000 to $100,000 for bodily injury to two or more persons in one collision, and $25,000 to $40,000 for property damage.

 

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

 

SB 1811 by Menendez (D-San Antonio)/HB 1641 by Munoz (D-Palmview): Prohibits an HMO or insurer from using extrapolation to complete an audit of a participating physician or provider or a preferred provider. Requires additional payments and refunds to be based on the actual overpayment or underpayment and may not be based on extrapolation.

 

Nullification

 

HB 796 by C. Bell (R-Magnolia)/HB 898 by Spiller (R-Magnolia)/SB 80 by Hall (R-Edgewood): Adopts the Texas Sovereignty Act to establish a process under which the state can declare federal law unconstitutional and refuse to enforce it. SB 80 referred to Senate State Affairs on 2/3.

 

SB 131 by Hall (R-Edgewood): Prohibits the state or a local government from enforcing or providing assistance to a federal official or agency with respect to enforcing federal law responding to a federally declared public health emergency and imposing a prohibition, restriction, or other regulation that does not exist under Texas law. Cuts state money to a political subdivision that enforces a federal law. Provides a complaint procedure and enforcement by the attorney general with cost and attorney’s fee recovery. SB 131 referred to Senate State Affairs on 2/3.

 

HB 1617 by Swanson (R-Spring)/SB 130 by Hall (R-Edgewood): Exempts certain firearms and materials used to manufacture firearms in Texas from federal regulation. SB 130 referred to Senate State Affairs on 2/3.

 

HB  1725 by Hopper (R-Decatur): Exempts a motor vehicle manufactured entirely in Texas using (mainly) Texas parts from federal emissions or other environmental standards.

 

HB 1982 by Hopper (R-Decatur): Prohibits the Texas Commission on Law Enforcement from issuing a peace officer license to a federal agent and to revoke a federal agent’s existing license. Bars the execution of a search or arrest warrant issued by a federal court against a US citizen domiciled in Texas, unless approved by attorney general (and then only if the local sheriff decides to execute it). Bars the transfer of a Texas citizen confined in a correctional facility to federal custody without a hearing. Bars a federal agent from discharging the agent’s official duties on any property in the state (except federal property). Creates an offense against a federal agent exercising official duties on state property.

 

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

 

HB 3933 by Hopper: Prohibits the state or a local governmental entity from enforcing EPA regulations relating to electricity or natural gas transportation during a declared emergency for an extreme weather event. Creates a private cause of action for damages against the entity for a violation. Waives sovereign immunity.

 

HJR 116 by Virdell (R-Brady): Proposes a constitutional amendment providing that the state does not recognize the authority of the federal government to regulate firearms or ammunition in the state.

 

SB 707 by King (R-Weatherford): Authorizes the legislature by concurrent resolution to determine that a federal law, rule, or other directive is unconstitutional and to prohibit a state or local government or employee from enforcing it. Requires a vote of two-thirds of members present to introduce such a resolution. Referred to Senate State Affairs on 2/7.

 

SB 888 by Kolkhorst (R-Brenham)/HB 2460 by Leach (R-Plano): Amends § 402.024, Government Code, to defend a state district or county attorney in an action in federal court if the district or county attorney is a defendant in a federal action, the action involves the enforcement of a state statute, the district or county attorney has taken a position in opposition to the federal government, and the district or county attorney requests assistance. SB 888 referred to Senate State Affairs on 2/13.

 

Civil Rights

 

HB 927 by Cain (R-Houston): Amends § 110.009(b), CPRC (religious freedom) to provide that Chapter 110 may not be construed to affect or interpret the religious freedom provision of the Texas constitutional provision protecting religious freedom (Art. I, § 6-a). Referred to House State Affairs on 3/6.

 

HB 1394 by Schatzline (R-Fort Worth): Amends § 110.008, CPRC, to abolish sovereign immunity in federal courts in civil rights actions based on religious exercise.

 

HB 1434 by Hickland (R-Belton)/SB 412 by Middleton (R-Galveston): Amends § 43.24, Penal Code, to narrow the affirmative defenses to a prosecution for obscenity with a child to a “bona fide judicial, law enforcement, or legislative purpose” (eliminates “scientific, educational, governmental, or other similar justification”). SB 412 referred to Senate Criminal Justice on 2/3.

 

HB 2030 by Richardson (R-McKinney): Amends §§ 43.24(c) and 43.26(c), Penal Code, to narrow the affirmative defenses to a prosecution for obscenity with a child by eliminating educational purposes.

 

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

 

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

 

HB 2444 by Hickland (R-Belton): Adds § 43.245, Penal Code, to create an offense (Class A misdemeanor) if a person 18 years of age or older communicates harmful sexual material to a minor.

 

HJR 27 by Goodwin (D-Austin): Adds § 36, Art. I, Texas Constitution, to provide that the public, individually and collectively, has a right to a clean and healthy environment.

 

HJR 28 by Vasut (R-Angelton): Adds Art. I, § 37, Texas Constitution, to make it a fundamental right for a parent to direct the upbringing of the parent’s child, including the right to direct the care, custody, control, education, moral and religious training, and medical care of the child.

 

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

 

HJR 127 by Cain (R-Houston): Amends § 23, Art. I, Texas Constitution, to eliminate the legislature’s authority “to regulate the wearing of arms, with a view to prevent crime.”

 

SB 965 by Parker (R-Flower Mound)/HB 717 by Leach (R-Plano): Provides that the right of a public school employee to engage in religious speech or prayer while on duty may not be infringed on by the district or the state unless the infringement services a compelling governmental interest and is narrowly tailored using the least restrictive means to achieve that interest. Heard in in Senate State Affairs on 3/3.

 

SJR 12 by Paxton (R-McKinney)/HJR 92 by Hopper (R-Decatur): Proposes a constitutional amendment guaranteeing a parent’s right to direct the education of the parent’s child. Heard in Senate Education K-16 on 2/27.

SJR 14 by Johnson (D-Dallas): Adds §§ 1A, 1B, Texas Constitution, to reserve to the people the powers of initiative and referendum. Requires at least 5% of the total number of voters received by the governor in the most recent gubernatorial election statewide and in each senate district to sign a petition for a statutory change. Requires 6% for a constitutional change. Referred to Senate State Affairs on 2/3.

SJR 24 by Eckhardt (D-Austin): Adds § 37, Art. I, Texas Constitution, to protect an individual’s right to be free from governmental intrusion or interference in his or her private life. Referred to Senate State Affairs on 2/3.

 

SJR 34 by Hughes (R-Tyler)/HJR 112 by Frank (R-Wichita Falls): Adds Art. I, § 37, Texas Constitution, to give a parent an “inherent right” to exercise care, custody, and control of the parent’s child and to make decisions for the upbringing of the child. Prohibits the state or a political subdivision from interfering in this right unless the interference is essential to further a compelling governmental interest and narrowly tailored to accomplish the interest. Recommended for Senate Local/Uncontested Calendar on 3/5.

 

Procedure, Discovery, and Privilege

HB 2100 by Plesa (D-Dallas): Adds § 18.121, Civil Practice and Remedies Code, to require a trial court “to consider all evidence on the record or otherwise before the court when ruling on a no-evidence motion for summary judgment.

 

SB 336 by Hughes (R-Tyler)/HB 2459 by Leach (R-Plano): Amends § 51.014, CPRC, to provide that an interlocutory appeal of the denial of a TCPA motion to dismiss stays commencement of the trial and other proceedings until the 61^st day after the date the order denying the motion was signed if: (1) the order states that the motion was not timely filed; (2) the motion was denied because the action is exempt from the TCPA; or (3) the motion was determined to be frivolous or solely intended to delay. Provides that if the order does not state a reason for denial or provides a different reason for denial than prescribed above, filing the appeal stays commence of trial and other proceedings pending resolution of the appeal. Authorizes the court of appeals to stay commencement of trial and other proceedings in the trial court on a determination that the appellant is likely to succeed on the merits or in the interest of justice. Referred to Senate Business & Commerce on 2/3.

 

SB 534 by Kolkhorst (R-Brenham): Repeals § 16.027, CPRC, which establishes a 25-year statute of limitations, notwithstanding a legal disability, on an action to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property. Amends § 16.024, CPRC, to extend the statute of limitations for an action to recover property held by adverse possession under title or color of title from 3 years to 97 years. Amends § 16.025, CPRC, to extend the statute of limitations for an action to recover property held by adverse possession by a person who enjoys, cultivates, or uses the property, pays taxes on the property, and claims the property under a duly registered deed from 5 years to 98 years. Amends § 16.026, CPRC, to extend the statute of limitations for an action to recovery property held by adverse possession by a person who uses, cultivates, or enjoys the property from 10 years to 99 years. Applies retroactively. Referred to Senate State Affairs on 2/3.

 

HB 831 by Schofield (R-Katy): Amends § 51.014(a), CPRC, to authorize an interlocutory appeal of an order determining that a statute violates the federal or state constitution, bars a statute from taking effect or being enforced, or bars a person, including a state agency or political subdivision, from taking an action as if the statute is in full force and effect. Referred to House State Affairs on 3/5.

 

HB 872 by Harrison (R-Midlothian): Adds § 21.5525, Business Organizations Code, to shift the burden of proof in a shareholder derivative action alleging an act or omission relating to the improper consideration of ESG factors to the corporation to prove the act or omission was in the best interest of the corporation. Referred to House JCJ on 3/5.

 

HB 1494 by Patterson (R-Frisco): Adds § 15.0152, CPRC, to change mandatory venue in a suit challenging the constitutionality, validity, or applicability of an administrative rule from Travis County to permissive venue in one of the following: (1) the county of plaintiff’s or appellant’s residence when the cause of action accrued; (2) the county of plaintiff’s or appellant’s principal office if the plaintiff or appellant is not an individual; (3) the county in which the headquarters of the defendant state agency is located; or (4) Travis County.

 

HB 2446 by Dutton (R-Houston): Amends § 18.001, CPRC, to exempt a medical bill or other itemized statement of a medical or health care service charging $50,000 or less, an expense affidavit is not required to support a finding of fact that the amount charged was reasonable and necessary.

 

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

 

HB 2984 by Curry (R-Waco): Adds § 49.015, Penal Code, to create a rebuttable presumption that a person was intoxicated at the time of the offense if it is shown at trial that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.08 or more at the time of the analysis.

 

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

 

HB 2988 by DeAyala (R-Houston): Adds § 27.0091, CPRC, to authorize a court to award attorney’s costs and attorney’s fees as are equitable and just. Repeals §§ 27.007 (additional findings with award of sanctions) and 27.009 (mandatory attorney’s fees).

 

HB 3647 by Oliverson (R-Cypress): Adds § 51.014 (a-1), CPRC, to provide that an interlocutory appeal based on a plea to the jurisdiction by a governmental unit does not apply with respect to a mandamus action or a claim alleging the performance of an ultra vires act. Amends § 51.015 to assess costs and attorney’s fees to the governmental unit for an unsuccessful appeal.

 

SB 953 by Johnson (D-Dallas): Adds § 20.003, CPRC, to permit a pre-suit deposition on oral examination or written questions to perpetuate or obtain the person’s own testimony or that of any other person for use in an anticipated action, or to investigate a potential claim or action. Prohibits a pre-suit deposition if the requestor has not sustained actual damages or will not reasonably sustain actual damages in the anticipated action. Makes the requestor liable for attorney’s incurred in challenging an illegal request. Bars SCOTX from modifying or repealing the statute by rule. Referred to Senate Jurisprudence on 2/13.

 

SB 954 by Johnson (D-Dallas): Requires remote participation on the request of a witness or applicant who is to be protected by a proposed protective order, unless the court finds there is good cause to deny the request. Referred to Senate State Affairs on 2/13.

 

SB 1200 by Kolkhorst (R-Brenham)/HB 2884 by Landgraf (R-Odessa): Adds Chapter 28, Civil Practice & Remedies Code, to require a claimant in an action against a defense contractor to disclose, as part of initial disclosure required by TRCP 194, whether the claimant or the claimant’s attorney has received direct or indirect funding or support from any individual, entity, or government affiliated with a sanctioned or embargoed nation and the identity of all sources of such funding. Makes disclosure a continuing obligation. Bars assertion of privilege or other exemption from disclosure. Authorizes a court to impose sanctions, including a stay or dismissal of the action. Referred to Senate State Affairs on 2/28.

 

SB 1292 by Johnson (D-Dallas): Adds § 51.014(i), CPRC, to authorize an appellate court to “enlist” the assistance of the trial court in hearing evidence, making findings of fact, and making recommendations relating to the appellate court’s authority to issue temporary orders necessary to preserve a party’s rights until disposition of the appeal. Referred to Senate Jurisprudence on 2/28.

 

HB 1794 by Middleton (R-Galveston): Adds § 51.0145, CPRC, to require the trial court to approve an interlocutory appeal by an officer or employee of a political subdivision. Provides that the trial court may only approve a request if the appeal involves a controlling question of law, an immediate appeal may materially advance the litigation, and issuing a stay will not materially deprive the non-moving party from exercising a constitutional right.

 

Term Limits

 

HJR 44 by Vasut (R-Angleton)/HJR 95 by Tepper (R-Lubbock): HJR 32 imposes a six-term limit on house members and senators to six and a 12-year limit on state elective offices. HJR 95 imposes an eight-term limit on house members and senators, a 12-term limit on combined house an senate service, and a 16-year limit on state elective offices.

 

HB 1725 by Little (R-The Colony): Limits the speaker of the house to two full terms.