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
Administrative Procedures
Jury Matters
Insurance
Nullification
Civil Rights
Procedure, Discovery, and Privilege
Term Limits
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.
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.
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.
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.
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.
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.
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.
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.
HB 852 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.
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.
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 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.
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 1280 by Schoolcraft (R-McQueeney): 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 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 1431 by Gerdes (R-Smithville)/SB 261 by Perry (R-Lubbock): Prohibits a person from manufacturing, processing, possessing, distributing, offering for sale, or selling cell-cultured protein.
HB 1474 by Lalani (D-Sugar Land): 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.
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 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 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).
SB 381 by Middleton (R-Galveston): 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.
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.
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 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.
HB 170 by Guillen (R-Rio Grande City): Amends § 83.001, CPRC, 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.
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.
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.
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.
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.
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.
HB 735 by Leo-Wilson (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.
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.
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.
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.
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): 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.
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.
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.
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.
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 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.
HB 1139 by Oliverson (R-Cypress): Adds § 15.021, CPRC, to provide that a venue provision in a contract for an improvement to real property that requires an action involving a contractor, subcontractor, or material man 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 191 by Spiller (R-Jacksboro)/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. 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.
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.
HB 402 by Cain (R-Houston): 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.
HB 518 by Leo-Wilson (R-Galveston): Prohibits a nonresident alien, foreign business, or foreign government from purchasing or acquiring title to agricultural land.
HB 733 by C. Bell (R-Magnolia): Requires a purchaser of residential property in a platted subdivison 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.
HB 748 by Leach (R-Plano): 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.
SB 103 by Hall (R-Edgewood): 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.
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.
HB 216 by Harris Davila (R-Round Rock): 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.
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 violator from receiving state funds.
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.
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.
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.
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.
HB 975 by Harrison (R-Midlothian): Creates a cause of action against a manufacturer of an individualized investigational treatment if the manufacturer does not comply in good faith with the informed consent and other requirements for providing such treatments in an eligible health care facility.
HB 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.
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.
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.
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.
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.
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.
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.
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.
SB 489 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 evaculation system.
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 13/SB 221 by West (D-Dallas): Repeals the authority of the State Commission on Judicial Conduct to issue private reprimands.
SB 293 by Huffman (R-Houston): 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 investgation, and the staff’s recommendation; requires the staff, not later than the 10th 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 120th 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 “incompetency” 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 90th Legislature or a later legislature enacts legislation increasing the base salary, at which point this provision sunsets. Makes a similar amendment to § 834.102.
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 investgation, and the staff’s recommendation; requires the staff, not later than the 10th 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 120th 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 “incompetency” a “persist or wilful violation of Article 17.15, Code of Criminal Procedure.”
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.
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.
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 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.
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.
SB 311 by Hughes (R-Mineola): Prohibits SCOTX from issuing a writ against the governor.
SB 328 by Huffman (R-Houston): Creates two new district courts in Fort Bend County.
SB 387 by Zaffirini (D-Laredo): Raises the personal bond required of a judge presiding in the court over guardianship proceedings to $500,000.
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.
SB 496 by Sparks (R-Midland): 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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
HB 843 by Harrison (R-Midlothian): Prohibits state funds from being used for gender reassignment.
HB 903 by Moody (D-El Paso): Repeals the offense of homosexual conduct.
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.
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.
HB 1004 by Toth (R-The Woodlands): 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).
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 25th birthday, rather than the 14th 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.
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.
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).
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.
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.
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 30th birthday if the claimant was a minor when the treatment occurred.
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.
SB 190 by Menendez (D-San Antonio): Repeals statutes that criminalize or negatively represent homosexual conduct.
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.
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.
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.
HB 414 by Leo-Wilson (R-Galveston)/HB 1076 by Pierson (R-Rockwall)/SB 465 by Campbell (R-San Antonio): 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.
HB 729 by Bernal (D-San Antonio): Amends Chapter 301, Property Code, to prohibit housing discrimination based on sexual orientation or gender identity.
HB 798 by Walle (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.
HB 1099 by Cole (D-Austin): 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 1206 by J. Gonzalez (D-Dallas): 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.
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.
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.
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.
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 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.
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.
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.
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.
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.
HB 841 by Bernal (D-San Antonio)/HB 1298 by Bernal (D-San Antonio): 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): 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.
SB 324 by Kolkhorst (R-Brenham)/HB 1308 by Tepper (R-Lubbock)/HB 1488 by Louderback (R-Victoria): 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 331 by Patterson (R-Frisco): Amends § 607.056, Government Code, to expand the heart attack or stroke presumption for first responders to “routine” stressful or strenuous physical activity that occurs not later than 8 hours after the end of the responder’s shift. Expands application of the presumption to activities involving law enforcement.
HB 480 by Walle (D-Houston)/SB 338 by Eckhardt (D-Austin): Requires contractors and subcontractors to provide workers’ compensation insurance for their employees.
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.
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.
HB 875 by Spiller (R-Jacksboro): 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.
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.
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.
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.
SB 264 by Perry (R-Lubbock): Winds down the Texas self-insurance group guaranty fund and trust fund under the Texas Workers’ Compensation Act.
SB 423 by Eckhardt (D-Austin): Authorizes DWC to conduct a contested case hearing by remote means on mutual agreement of the parties.
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.
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.
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.
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): 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.
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.
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.
HB 401 by M. Gonzalez (D-El Paso): 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.
HB 418 by VanDeaver (R-Texarkana): 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.
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.
HB 449 by M. Gonzalez (D-El Paso): Expands § 21.165, Penal Code, to prohibit a person from, without effective consent, for knowingly producing a deep fake image or deep fake video of the person.
HB 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.
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.
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.
SB 382 by Middleton (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.
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.
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.
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.
HB 587 by Harrison (R-Midlothian): Requires permanent or emergency rules adopted by a state agency to be approved by the statewide elected official responsible for the agency.
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.
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.
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.
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.
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.
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).
SB 138 by Hall (R-Edgewood): 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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
SB 416 by Middleton (R-Galveston): Prohibits an insurer from issuing a personal auto policy unless the proposed insured presents proof of US citizenship.
SB 455 by Middleton (R-Galveston): Requires a surplus lines insurance contract that contains an arbitration agreement to provide that the arbitration will be conducted in Texas and governed by the laws for Texas. Provides further that the insurance contract will be interpreted in accordance with Texas law.
SB 495 by Sparks (R-Midland): Prohibits TDI from requiring an insurer to comply with a NAIC rule developed using any ESG model unless specifically required by statute. Prohibits TDI from adopting a rule relating to ESG developed by an entity not licensed or regulated by TDI, NAIC, or an entity of the state or federal government that regulates insurance. Authorizes a declaratory judgment action to declare such a rule invalid.
SB 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 90th 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 15th 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.
SB 458 by Schwertner (R-Georgetown): Adds Chapter 1813, Insurance Code, to require personal auto or residential property insurance policies to include a compliant appraisal provision. Provides that an appraisal conducted under such a provision does not affect other policy terms. Provides that the finding of an appraiser as to the amount of loss is binding on the parties.
SB 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.
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 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.
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).
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”).
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.
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.
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.
Procedure, Discovery, and Privilege
SB 336 by Hughes (R-Mineola): 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 61st 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.
SB 534 by Kolkhorst (R-Brenham): Repeals § 16.027, CPRC, which establishes a 25-year statute of limitations, nothwithstanding 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.
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.
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.
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.
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.
