TCJL Tracking Report 3-28-25

TCJL Tracked Bill List 3.27.25
March 27, 2025

This list is current through 5 p.m. on Thursday, March 27, 2025. SB 30 (medical/non-economic damages) will be heard in Monday, March 31, and and SB 1135 (trucking) the following day.

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

TCJL PRIORITY BILLS

Produced Water Liability
SB 1399 by Perry (R-Lubbock)/HB 3156 by Darby (R-San Angelo)/HB 49 by Darby (R-San Angelo):

• Amends § 122.001, Natural Resources Code, to add a definition of “treated product” as “the product of a process that treats, filters, refines, extracts, or otherwise alters any portion or component of fluid oil and gas waste to render it suitable for beneficial use.
• Amends § 122.002 to conform the statute to the new definition of “treated product.”
• Amends § 122.003 to specify that a person who takes possession of fluid oil and gas waste, produces from that waste a treated product, and “either puts the treated product to a beneficial use” or transfers it to another person with a contractual understanding that it will be put to a beneficial use is not liable in tort for a consequence of subsequent use of the product by any person (i.e., expands current law immunity).
• Provides additional immunity from liability to a person who produces fluid oil and gas waste or supplies or conveys such waste to a treatment facility for subsequent treatment of the waste to generate treated product, the subsequent use of that treated product by any person, or exposure to a byproduct of the process used to generate the product.
• Does not extend immunity to gross negligence or intentional, wrongful act or omission, or negligence if the person did not treat, generate, use, or dispose of the fluid waste, treated product, or byproduct in conformity with Railroad Commission rules or a TPDES program permit issued by TCEQ.
• Bars an award of punitive damages to a claimant awarded damages for a tort premised solely on the person’s negligence and regulatory nonconformity.
SB 1339 referred to Senate Natural Resources on 3/6. HB 49 heard in House Energy Resources on 3/24.

Nuclear Verdicts – SET FOR HEARING MONDAY, March 31, 2025, Senate State Affairs, 9:00 in the Senate Chamber
SB 30 by Schwertner (R-Georgetown)/HB 4806 by Bonnen (R-Friendswood): Makes numerous changes to medical and noneconomic damages, as follows:
• Amends § 18.001, CPRC, to eliminate the controverting affidavit and provide instead for a notice of intent to controvert the reasonableness and necessity of health care services;
• Provides that if notice is provided, the plaintiff’s affidavit has no effect except as proof of the authenticity of the health care records;
• Applies the existing timelines to a notice to controvert;
• Adds § 18.0011 to prohibit a party from controverting the reasonableness of medical charges if the affidavit states as to each health care service: (1) the amounts received from all sources to the facility or provider to pay for the services; or (2) an amount not exceeding 150% the median amount paid by nongovernmental third-party payors for the same type of service during the same month as drawn from the Texas All Payor Claims Database for the same geozip;
• Provides that if a health care facility provider states in the affidavit an intention not to testify, a party may not obtain discovery on reasonableness and necessity and the court must exclude trial testimony of the facility or provider, except for good cause, the testimony will not unfairly surprise or prejudice a party, and the party opposing admission is given a reasonable opportunity to conduct discovery;
• Prohibits an affidavit from being used in another actions;
• Amends § 41.001 to refine the definitions of “future damages” (must be “reasonably probable”) and “future loss of earnings” (reasonable probability);
• Defines “mental or emotional pain or anguish” to mean “grievous and debilitating angst, distress, torment, or emotion suffering that causes a substantial disruption of the claimant’s daily routine and arises from loss of consortium, loss of companionship and society, loss of enjoyment of life, or a similar mental or emotional injury”;
• Excludes economic or exemplary damages from the definition of “noneconomic damages”;
• Defines “physical pain and suffering to mean “a painful or distressing sensation associated with an injury to a part of the body that is consciously felt, significant in magnitude, and arises from an observable injury or impairment or is shown to exist through objectively verifiable medical evaluation or testing”;
• Adds Subchapter C, Chapter 41, CPRC, to govern recovery of health care expenses as economic damages in a personal injury or wrongful death action;
• Caps economic damages for health care expenses to the sum of: (1) amounts paid by third-party payors to providers; (2) amounts paid by the injured individual or on the individual’s behalf by non-third-party payors without a formal or informal agreement for the provider to refund, rebate, or remit money to the payor, injured individual, claimant, or claimant’s attorney or anyone associated therewith; and (3) if (1) and (2) do not apply, 150% of the median amount paid by nongovernmental third-party payors to providers for the same type of services during the same month in which the services were provided;
• Limits future damages for health care expenses to the reasonable value of necessary services with reference to the Texas All Claims Database for the month preceding the date trial commences;
• Requires provider statements or invoices to comply with the clean claim requirements of Chapter 1301, Insurance Code (no award if the service does not have an industry-recognized billing code);
• Provides that the failure of a claimant to use available health benefit coverage shall be considered a failure to mitigate damages;
• Requires the claimant to disclose to each other party provider statements, any letter of protection, and any written agreement under which a provider may refund, rebate, or remit money to a payor, injured individual, claimant, claimant’s attorney, or a person associated therewith;
• Requires the claimant to identify all providers and authorize other parties to obtain from each provider the injured individual’s medical records, any third-party payor that may have had a legal or contractual obligation to pay for health care services to the individual, any unwritten agreement to refund any money to the above persons; and, if the claimant was referred to a provider, the name and contact information of each person who made the referral and that person’s relation to the injured individual;
• Requires disclosure, if the referring person is the claimant’s attorney, of referrals to that provider in the preceding year, each person on whose behalf a payment was made, and other aspects of any financial relationship between the attorney and the provider;
• Makes admissible into evidence all of the injured individual’s health care expenses, evidence of health benefit plan coverage, treatment guidelines and formularies approved by the Worker’s Compensation Division relating to the necessity of services, and letters or protection and other financial relations between the claimant’s attorney and providers;
• Requires an award of noneconomic damages to be based on evidence of nature, duration and severity and reflect a rational connection, grounded in evidence, between the injury suffered and dollar amount necessary to provide fair and reasonable compensation;
• Prohibits an award from being used to punish or penalize a defendant, make an example to others, or serve a social good;
• Requires the award to exclude amounts properly considered economic losses, such as lost earnings or medical expenses for emotional or psychological care;
• Prohibits jury-anchoring and makes it reversible error;
• Requires a court to give statutorily prescribed jury instructions;
• Requires the trial court to state the legal and factual support for an award of noneconomic damages if a defendant requests remittur and the award exceeds: (1) $1 million for past and future mental or emotional pain or anguish in a wrongful death action; (2) for past and future damages for physical pain and suffering, the lesser of three times the award for past and future health care expenses or $100,000 per year for each year of the claimant’s life expectancy; $1 million for past and future mental or emotional pain or anguish in an action arising from an event primarily causing emotional injury to the claimant; or (4) $250,000 for past and future emotional pain or anguish in an action arising from an event primarily causing bodily injury;
• Amends § 304.102, Finance Code, to limit prejudgment interest to awards for economic losses, calculated from the date the health care expenses were actually paid, or other economic losses were actually suffered by the claimant.
Referred to Senate State Affairs on 3/20.

Lucio Amendment
SB 39 by Birdwell/SB 1135 by Hagenbuch (R-Denton)/HB 4688 by Leach (R-Plano): Repeals §§ 72.054(c), (d), and (e), CPRC, which permit a plaintiff to introduce certain evidence in the first phase of a bifurcated trial to show negligent entrustment. Amends § 72.053(a) to expand the definition of “regulation or standard” to include a policy or procedure promulgated or adopted by the owner or operator of the motor vehicle. Amends § 72.053(b) to provide that evidence is only admissible in the first phase of a bifurcated trial if it is admissible under other law. Referred to Senate Transportation on 2/24.

Public Nuisance
SB 779 by Middleton (R-Galveston)/HB 3964 by Vasut (R-Angleton): Adds Chapter 100C, Civil Practice & Remedies Code, to limit actions for damages or other relief based on common law public nuisance, whether asserted as a cause of action or an injury. Provides that a public nuisance claim is not cognizable if it seeks relief arising from: (1) an action authorized, licensed, approved, or mandated by law or by the federal, state, or local government; (2) an action or condition in which a statutory or administrative enforcement mechanism already exists to address the alleged condition; or (3) a product liability claim. Provides that the aggregation of private nuisance claims does not give rise to a public nuisance claim. Provides that in the event of a conflict with common law, the statute controls. Heard in Senate State Affairs on 3/18.

Life of the Mother Pregnancy Complications
SB 31 by Hughes (R-Tyler) Makes several changes to abortion laws:
• Provides that a civil action against a physician or health care provider for a violation of any abortion statute is a health care liability claim;
• Amends § 170A.002(b), Health and Safety Code, to broaden the “life-of-the-mother” exception to no longer require a “life threatening” physical condition”
• Adds § 170A.0021 to require4 the provider perform the abortion in a manner that provides the best opportunity for the survival of the unborn child (currently in § 170A.002(b);
• Adds language to that section clarifying that a physician is not required to delay, alter, or withhold medical treatment if doing so would create a greater risk of the mother’s death or substantial impairment of a major bodily function;
• Adds § 170A.022 to provide that “reasonable medical judgment” in treating the mother includes removing an ectopic pregnant and a dead, unborn child whose death was caused by a spontaneous abortion;
• Provides further liability protection if the death or injury to an unborn child resulted from treatment provided to the mother based on a physician’s reasonable medical judgment if the death or injury was accidental or unintentional;
• Clarifies that a necessary abortion performed during a medical emergency does not subject a physician to liability;
• Adds § 171.2011 to provide that the following do not constitute aiding or abetting an abortion: communication between providers for purposes of arriving at a reasonable medical judgment; communications between a provider and a patient for the purpose of arriving at a reasonable medical judgment; communication between a provider and attorney relating to an exception; communication between a treating physician and any other person relating to performing an abortion for which the physician has determined as an exception; or providing products to a patient or treating physician relating to performing an excepted abortion;
• Broadens the definition of “ectopic pregnancy” to include an implantation of a fertilized egg or embryo in an abnormal location in the uterus causing it to be non-viable or in a scarred portion of the uterus;
• Allows the performance of an emergency abortion in an unlicensed facility;
• Clarifies that the TMB cannot discipline a physician for performance of an abortion in response to a medical emergency;
• Repeals sections made unnecessary by the new statute.
Heard in Senate State Affairs on 3/27.

Business Courts
HB 40 by Landgraf (R-Odessa): Makes numerous changes to Chapter 25A, Government Code (business court):
• Expands the definition of “qualified transaction” to include a series of related transaction applying to one or more parties;
• Adds a definition of “fundamental business transaction” to mean a merger, interest, exchange, conversion, or sale of all or most of an entity’s assets;
• Makes active the Second, Fifth, Sixth, Seventh, Ninth, and Tenth Divisions, and includes Montgomery County in the Eleventh Division;
• Adds to the jurisdiction of the court an action arising out of the BOC, including an action over which a district court has original or exclusive jurisdiction by the BOC; actions involving insurance, reinsurance, indemnification, or hold harmless provisions, actions involving fundamental business transactions (including related insurance contracts) and actions to enforce covenants not to compete related to a fundamenal business transaction;
• Reduces the amount in controversy threshold from $10 to $5 million;
• Adds an action to enforce an arbtration agreement or review an arbitral award involving an amount over $5 million;
• Adds actions arising or related to intellectual propert and trade secrets;
• Adds actions arising out of legal malpractice or other licensed professionals if the client is an organization;
• Grants jurisdiction to grant injunctive and other equitable relief, declaratory judgments, and other relief that may be granted by a district court;
• Expands the court’s supplemental jurisdiction;
• Gives a business court jurisdiction over MDL pretrial matters if it otherwise has jurisdiction;
• Instructs SCOTX to adopt rules of civil and judicial procedure for the court;
• Provides for assignment of a judge or transfer of a case on recusal;
• Entitles a business court judge to reimbursement for expenses;
• Makes various changes related to the administration of the business court system;
• Allows counties to seek reimbursement from the state for providing counrtoom space;
• Requires OCA to report on the case activity of a court during the prior year;
• Provides that actions commenced on or before 9/1/24 that are within the business court’s jurisdiction may be transferred to and heard by the court on a motion of a party;
• Entitles a business court judge to additional compensation from the state in the amount of the district judge’s county supplement;
• Makes conforming changes;
• Provides for appointments of judges to the new divisions.
Referred to House JCJ on 3/17.

State Commission on Judicial Conduct
SB 293 by Huffman (R-Houston)/HB 1761 by Leach (R-Plano)/HB 2064 by Holt (R-Silsbee):Amends Chapter 33, Government Code (State Commission on Judicial Conduct) as follows:
• The engrossed version amends § 33.001(a) to add justices of the peace to the definition of “judge.”
• The engrossed version adds § 33.001(8-a) to define “official misconduct” as defined by Article 3.04, Code of Criminal Procedure.
• The engrossed version amends § 33.001(a)(10) (definition of “sanction” to remove the reference to a “private” sanction (i.e, all sanctions will be public).
• Amends § 33.001(b) to add a judge’s failure to meet deadlines set by statute or binding court order to the list of “wilful or persistent conduct.”
• Amends § 33.001(b) to add to the definition of “wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties” a “persistent or wilful violation of Article 17.15, Code of Criminal Procedure” (setting bail).
• Amends § 33.0211 to allow a complainant to submit additional documentation supporting the complaint not later than 45 days after the date the person filed the complaint.
• Adds § 33.02115 to authorize the commission to assess an administrative penalty against a person who knowingly files a false complaint.
• The engrossed version adds § 33.02111 to impose a 7-year limitations period on a commission investigation, running from the date the alleged misconduct occurred or the complainant knew or should have known of the misconduct (allows the commission to investigate anyway on a finding of good cause).
• The engrossed version authorizes the commission to impose administrative sanctions or penalties against a person who knowingly files a false complaint.
• Amends § 33.0212 to require commission staff to conduct a preliminary investigation upon receipt of a complaint and draft recommendations for action; provide to the judge written notice of the complaint, the results of the preliminary investigation, and the staff’s recommendation; requires the staff, not later than the 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.
• The engrossed version requires the commission, upon sanctioning a judge, to inform the governor, lieutenant governor, speaker, presiding officer of each legislative standing committee with primary jurisdiction over the judiciary, the chief justice of the supreme court, the OCA, and the presiding judge of the administrative judicial region where the court of the sanctioned judge is located.
• Amends § 33.0213 to authorize the commission to issue a sanction or censure regarding a complaint that is also the subject of a law enforcement investigation, provided the commission’s investigation would not jeopardize the law enforcement investigation.
• Amends § 32.022 to allow the staff to recommend the commission dismiss a complaint it finds unfounded or frivolous or to terminate an investigation if the staff determines administrative deficiencies in the complaint preclude further investigation.
• The engrossed version requires the commission to conduct a prelimary investigation of a complaint involving substance abuse by a judge and present the results to commission members within 30 days of the filing of the complaint. If the commission determines that the judge’s alleged substance abuse or physical or mental incapacity brings into question the judge’s ability to perform the judge’s official duties, it must provide the judge written notice of the complaint and subpoena the judge to appear. If after the judge’s appearance at next regularly scheduled meeting the commission decides to require the judge to submit to a physical or mental examination, the commission shall suspend the judge with pay for up to 90 days and provide the judge written notice of the suspension. If after receipt of a written report by an examining physician or the physician’s deposition testimony about the report the commission determines the judge is unable to perform, it shall recommend to SCOTX suspension of the judge from office or enter into an indefinite voluntary agreement with the judge for suspension with pay until the commission determines the judge is fit to resume duties.
• Amends § 33.034 to provide that if the commission issues a public reprimand based on the judge’s persistent or wilful violation of Art. 17.15, Code of Criminal Procedure, the commission shall send notice to the governor, lieutenant governor, speaker, presiding officers of the relevant legislative committees, the chief justice of SCOTX, the OCA, and the presiding judge of the relevant administrative judicial region.
• Amends § 33.037 to require the commission to recommend a judge’s suspension to SCOTX within 21 days of initiating a formal proceeding against a judge based on Art. 17.15.
• The engrossed version adds § 33.041 to direct the OCA to establish a judicial directory containing contact information for every judge and providing the commission with access thereto.
• Adds § 72.0396, Government Code, to require a district court judge to submit quarterly reports to the presiding judge of the administrative region attesting to: (1) the number of hours the judge presided over the judge’s court; (2) the number of hours the judge performed judicial duties other than presiding, including case-related duties, administrative tasks, and completed continuing education. Requires the presiding judge of the region to submit the reports to OCA. Requires OCA to make an annual report to the governor, lieutenant governor, speaker, and presiding officers of the relevant committees. Directs SCOTX to adopt rules providing guidelines and instruction regarding reporting, including rules establishing a penalty for submission of false information and providing guidance on the form and manner of reporting.
• Amends § 74.055(c), Government Code, to allow a retired or former judge to be listed as a visiting judge if a special court of review reviewed and rescinded a reprimand or censure, unless the judge has received more than one public sanction (excluding sanctions reviewed and rescinded by a special court of review).
• The engrossed version amends § 659.012 to; (1) raise a district judge’s base salary from $140,000 to $161,000; (2) raise the additional compensation for the chief justice or presiding judge of an appellate court from $2,500 to 7 percent of the base salary of the other justices or judges of the court; (3) eliminates the current cap of $2,500 less than the base salary of a supreme court justice; (4) excludes the additional compensation from the presiding judge’s or chief justice’s combined base salary from all state and county sources for purposes of determining whether the judge’s or justice’s salary exceeds the applicable limitations in § 659.012(a)(2)-(4); (5) reconfigures the base salaries of local administrative district judges based on the number of counties in the district; and (6) entitles a business court judge who serves as an administrative presiding judge to supplemental compensation.
• Amends § 665.052(b), Government Code, to add to the definition of “incomptency” a “persist or wilful violation of Article 17.15, Code of Criminal Procedure.”
• Amends § 814.103, Government Code, to provide that any increase in the state base salary paid to a district judge does not apply to a standard service retirement annuity for a retiree or beneficiary if the retiree retired before 9/1/25, and the amount of the state base salary in the current appropriations bill continues to apply until the 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.
• The engrossed version amends § 837.103 to: (1) authorize a retiree who resumes full-time service other than by assignment who elects to rejoin the retirement system to provide notice of the election not later than 60 days after the retiree takes the oath of office; (2) provide that a retiree who rejoins shall resume making member contributions at 9.5% of the state contribution; (3) provide that a retiree who rejoins and completes at least 24 months of resumed service, on the retiree’s retirement from resumed service, to a recomputed annuity reflecting the highest annual state salary earned by the retiree whole holding a judicial office included in the retirement system; and (4) provides that if the retiree who rejoins does not complete 24 months of resumed service, the retirement system shall resume suspended annuity payments and issue a refund of the retiree’s accumulated member contributions made during the period of resumed service.
• The engrossed version raises the retirement contribution rate from 6 to 9.5%.
Passed Senate on 3/12. HB 1761 referred to House JCJ on 3/14. HB 2064 referred to House JCJ on 3/14.

15th Court Jurisdiction
HB 5067 by Leach (R-Plano): Clarifies that no civil notice of appeal filed in a trial court shall designate that it should be assigned to the 15th Court of Appeals unless a matter being appealed falls within the exclusive jurisdiction of the court.

New Causes of Action/Legal Duties

HB 164 by Bernal (D-San Antonio)/SB 243 by Flores (R-Austin): Authorizes a migrant agricultural worker to bring an action to enforce regulatory requirements for migrant labor housing facilities. Reduces the current minimum civil penalty from $200 to $50 per day per violation. Prohibits retaliation against a worker for filing a complaint or providing information in good faith regarding a possible violation. Referred to House Intergovernmental Affairs on 2/27. SB 243 referred to Senate Water on 2/3.

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

HB 186 by Patterson (R-Frisco): Prohibits an individual younger than 18 from entering into a contract with a social media platform to become an account holder and requires a platform to verify the age of applicants for accounts using a commercially reasonable method. Requires a platform to delete a child’s account not later than 10 days after receiving a request from a parent or guardian. Provides that a knowing violation of the statute constitutes a deceptive trade practice under Ch. 17, Business & Commerce Code, and subject to action by the attorney general office’s consumer protection division. Heard in House Trade, Workforce, Eco Devo on 3/19.

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

HB 354 by Cain (R-Houston): Establishes the Border Protection Unit and grants it various powers and duties. Creates civil penalty for criminal trespass of up to $10,000 per occurrence. Attorney general enforcement with attorney’s fees and costs. Referred to House State Affairs on 2/28.

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

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

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

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

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

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

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

HB 783 by Lalani (D-Sugar Land)/SB 2682 by Hinjosa (D-McAllen): Adds Chapter 98C, CPRC, to create a private cause of action for online impersonation with the intent to harm, defraud, intimidate, or threaten another person. Authorizes recovery of actual damages (including the impersonator’s profits), punitive damages of $500, costs, and attorney’s fees. Referred to House JCJ on 3/4.

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

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

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

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

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

HB 989 by Toth (R-The Woodlands)/SB 505 by Bettencourt (R-Houston): Allows the Secretary of State to assess a $500 per violation against a local election official. Attorney general enforcement. SB 505 reported from Senate State Affairs on 3/26. SB 989 referred to House Elections on 3/6.

HB 1050 by Dorazio (R-San Antonio): Amends § 36.066, Water Code, to mandate the award of attorney’s fees and costs to the prevailing party in an action involving a groundwater conservation district (current law only allows the district to recover them). Referred to House Natural Resources on 3/7.

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. Referred to House State Affairs on 3/7.

HB 1127 by Gamez (D-Brownsville): Creates a cause of action by a mother against a person who allegedly violated the mother’s right to breast-feed a child in any location in which the mother’s and child’s presence on the premises is otherwise authorized. Entitles prevailing mother to injunctive relief, damages up to $500 for each day of the violation, and reasonable attorney’s fees and court costs. Heard in House State Affairs on 3/19.

HB 1164 by Gonzalez (D-Dallas)/SB 150 by Menendez (D-San Antonio)/: Adds Chapter 113, Business and Commerce Code, to prohibit a person from discriminating against any person because of race, color, disability, religion, sex, national origin, age, sexual orientation, or gender identity (or status as a military veteran) to full and equal accommodation in any place of public accommodation in the state. Establishes a complaint procedure at the Texas Workforce Commission. Allows a complainant to file a civil suit if the commission denies a complaint. Authorizes compensatory and punitive damages. Authorizes award of attorney’s fees to a prevailing party other than the commission. Provides trial de novo for a judicial proceeding. Provides for enforcement by the attorney general. Adds discrimination based on sexual orientation, gender identity, and status as a military veteran to unlawful employment practices parts of the Labor Code. SB 150 referred to Senate Economic Development on 2/3. HB 1164 referred to Houst State Affairs on 3/7.

HB 1167 by Cunningham (D-Houston): Creates a cause of action against a judge or magistrate for the victim of a crime committed while a perpetrator was released on bail, if the judge or magistrate set bail at less than the minimum amount required by the statute or the person was bailed for an offense involving violence punishable as a second degree felony or higher. Caps damages at $10 million and waives immunity. Referred to House Criminal Jurisprudence on 3/7.

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. Heard in House Natural Resources on 3/19.

HB 1228 by Gates (R-Houston): Requires municipalities to permit owners of residential buildings to commence repairs if necessary to protect public safety, prevent further damage to the building, or protect the structural integrity of the building, if the owner applies for an emergency permit. Creates a cause of action by the owner against the municipality for refusing to follow the statute. Authorizes recovery of economic damages, attorney’s fees, and costs. Waives sovereign immunity. Heard in House Land and Resource on 3/20.

HB 1279 by Schoolcraft (R-Universal City): Prohibits public schools from teaching any form of critical race or critical gender theory. Creates a private cause of action for injunctive relief, attorney’s fees, and costs. Authorizes attorney general enforcement. Creates a criminal offense. Referred to House Public Education on 3/10.

HB 1280 by Schoolcraft (R-): Creates a no-injury cause of action for injunctive relief, costs, and attorney’s fees against a governmental employer that violates the anti-discrimination standards established by the bill related to government practices, submissions, and training. Authorizes the attorney general to bring such an action. Creates a criminal offense. Referred to House State Affairs on 3/10.

HB 1281 by Olcott (R-Aledo): Authorizes a person to file a complaint with the attorney general against a governmental entity for adopting or enforcing a mandate of the World Health Organization, United Nations, or World Economic Forum. Attorney general enforcement with costs and attorney’s fees. Referred to House State Affairs on 3/10.

HB 1333 by Harrison (R-Midlothian)/SB 137 by Hall (R-Edgewood): Imposes a $25 civil penalty on a person who fails to pay two or more invoices for unpaid tolls. SB 137 referred to Senate Transportation on 2/3. Referred to House Subcommittee on Transportation Funding on 3/10.

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. Referred to House JCJ on 3/11.

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

HB 1403 by Harris (R-Palestine)/SB 1524 by Middleton (R-Galveston): Prohibits HHSC, Department of Protective Services, or a child-placing agency from inquiring about firearms present in the home. Imposes a civil penalty on a child-placing agency for violations in the amount of $5,000 per violation. Enforceable by the attorney general. Referred to House Human Services on 3/11. SB 1524 referred to Senate HHS on 3/6.

HB 1431 by Gerdes (R-Smithville)/SB 261 by Perry (R-Lubbock)/SB 822 by Middleton (R-Galveston): Prohibits a person from manufacturing, processing, possessing, distributing, offering for sale, or selling cell-cultured protein. SB 261 set for hearing in Senate Water on 3/31. SB 822 referred to Senate Water on 2/13. HB 1431 to House Public Health on 3/11.

HB 1474 by Lalani (D-Sugar Land)/SB 566 by Cook (D-Houston): Prohibits a person from selling, offering for sale, or giving away a dietary supplement or over-the-counter weight-loss drug to an individual younger than age 18. Requires a retailer to ensure that supplements and weight-loss drugs are only accessible to the retailer’s employees and kept either behind the counter or in a locked case. Requires age verification. Requires age verification for online or remote sales. Imposes a civil penalty of up to $500 per violation enforceable by the attorney general with attorney’s fees and costs. SB 566 referred to Senate Health and Human on 2/3. HB 1474 referred to House Public Health on 3/11.

HB 1479 by Cain (R-Houston)/SB 306 by Perry (R-Perry): Creates a cause action by a person or student organization against an institution of higher education alleging a violation of expressive rights for injunctive relief and compensatory damages, costs, and attorney’s fees. Establishes a one-year limitations period. Waives sovereign immunity. SB 306 referred to Senate State Affairs on 2/3. HB 1479 referred to House Higher Ed on 3/11.

HB 1549 by Hickland (R-Belton)/SB 2399 by Paxton (R-McKinney): Prohibits a business from selling an obscene device unless the business is a sexually oriented business as assigned by § 243.002, Local Government Code. Enforcement by a county or district attorney for injunctive relief and civil penalty of $5,000 per violation, plus costs of investigation and prosecution. Referred to House Trade on 3/12. SB 2399 referred to Senate Criminal Justice on 3/25.

HB 1601 by Rosenthal (D-Houston): Adds Chapter 100B, CPRC, to create a cause of action by an aggrieved person against a person who engages in a discriminatory practice based on the aggrieved person’s sexual orientation or gender identity or expression. Authorizes recovery of actual and exemplary damages, attorney’s fees, costs and equitable relief. Referred to House State Affairs on 3/12.

HB 1609 by VanDeaver (R-New Boston): Prohibits an employer with 20 or more employees for discriminating against an employee who is a volunteer first responder and who misses work because the employee is responding to an emergency in the employee’s capacity as a volunteer first responder. Creates a civil cause of action against the employer for lost wages and benefits and equitable relief. Referred to House Subcommittee on Workforce on 3/12.

HB 1619 by A. Johnson (D-Houston): Requires school buses with a model year of 2021 or later to be equipped with a crossing arm. Referred to House Transportation on 3/12.

HB 1645 by Leo-Wilson (D-Galveston): Creates a new cause of action against campus police departments and local governmental entities for personal injury and death arising from criminal acts by illegal immigrants. Referred to House State Affairs on 3/12.

HB 1654 by Canales (D-Edinburg): Prohibits a local governmental entity from discharging, suspending, or terminating from employment a peace officer, detention officer, county jailer, or firefighter based on the person’s inability to perform the duties for which the person was elected, appointed, or employed because of the person’s injury before the person is certified as having reached maximum medical improvement, unless the report of the person’s treating doctor indicates that the person is permanently restricted from returning to perform those duties. Requires a dispute over the ability of the person to perform those duties be adjudicated under the Worker’s Compensation Act. Makes the employer liable for damages in an amount not to exceed $100,000 and reinstatement of the employee. Waives governmental immunity. Referred to House Subcommittee on Workforce on 3/12.

HB 1812 by Patterson (R-Frisco): Creates a cause of action by a property owner against a homeowner’s association for failure to regulate and maintain common areas, including fixtures and personal property in the common area. Authorizes equitable relief and recovery of costs and attorney’s fees. Referred to House Trade on 3/14.

HB 1895 by Patterson (R-Frisco): Imposes an administrative penalty on an electric cooperative or municipally-owned utility seeking to expand a wind-powered generation facility for failing to obtain an FAA determination that the facility will not interfere with air traffic or a determination from the military that the facility will not have an adverse impact on military operations or preparedness. Referred to House State Affairs on 3/14.

HB 1910 by Schatzline (R-Fort Worth): Requires a city with a population of 100,000 or more to adopt an ordinance regulating panhandling on public property. Prohibits a city to adopt an ordinance or policy that discourages enforcement of an anti-panhandling ordinance. Attorney general enforcement against cities for violations. Awards attorney’s fees and costs to a prevailing party. Waives sovereign immunity. Referred to House Intergovernmental Affairs on 3/14.

HB 1937 by Craddick (R-Midland)/SB 266 by Perry (R-Lubbock): Adds § 112.1511, Tax Code, to allow a taxpayer to sue the comptroller and attorney general to dispute the results of a managed audit. SB 266 heard in Senate Finance on 3/19. HB 1937 referred to House Ways and Means on 3/14.

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

HB 1964 by Spiller (R-Jacksboro)/SB 1035 by Sparks (R-Midland): Creates a right of action against a political subdivision by a person aggrieved by an alleged violation in enforcing a state requirement. Authorizes declaratory and injunctive relief with costs and attorney’s fees. SB 1035 set for hearing in Senate Water on 3/31. HB 1964 referred to House Agriculture on 3/14.

HB 2001 by Meyer (R-Dallas): Increases criminal penalties for insider trading if the offense results in a net pecuniary gain to the person committing the offense (up to a first degree felony if the net gain is $300,000 or more). Referred to House State Affairs on 3/14.

HB 2004 by Toth (R-The Woodlands): Amends § 22.0511(a), Education Code, to impose civil liability on a professional employee of a school district for the commission of a sexual offense against a student. Referred to House Public Ed on 3/14.

HB 2022 by Meyer (R-Dallas)/SB 1167 by Paxton (R-McKinney)/HB 4785 by Lowe (R-North Richland Hills): Amends § 16.0046, Civil Practice & Remedies Code, to eliminate the statute of limitations for a personal injury action arising from enumerated Penal Code violations pertaining to child sexual abuse. Provides for retroactive application. SB 1167 referred to Senate State Affairs on 2/28. HB 2022 referred to House JCJ on 3/14.

HB 2043 by Lambert (R-Abilene)/SB 938 by Parker (R-Flower Mound): Adds Chapter 398, Finance Code, to regulate “earned wage access service providers” (businesses that presumably advance funds to consumers who have earned but unpaid income). Provides for administrative penalties. SB 938 referred to Senate Business & Commerce on 2/13. HB 2043 set for hearing House Pensions on 3/24.

HB 2050 by Lopez (R-San Benito): Makes a public school counselor responsible, in addition to their other duties, for counseling students on “choosing an unhealthy or inappropriate solution to a problem” and “engaging in harmful behavior toward themselves or others.” Referred to House Public Education on 3/14.

HB 2083 by Bucy (D-Austin): Prohibits a governmental entity from using an automatic license plate reader system, except for limited purposes. Prohibits a governmental entity or person acting on the entity’s behalf from using a reader in a way that discriminates based on race, ethnicity, or income level. Prohibits the entity from sharing license plate data with a person who is not a governmental-entity, a governmental entity for any other purpose than the limited purposes permitted by the bill, or the federal government. Prescribes confidentiality and retention requirements. Creates a private cause of action for violations for either a statutory penalty of $1,000 or actual damages (business loss, personal injury or death, loss of reputation, mental pain and suffering), court costs, and attorney’s fees. Waives sovereign immunity. Referred to House Homeland on 3/14.

HB 2138 by Simmons (D-Houston)/SB 2265 by Cook (D-Houston): Prohibits the state, a contractor, or any other person from discriminating or taking any adverse action against a person on the basis of the person’s sexual orientation, gender identity, or gender expression relating to child welfare services, including the licensing or verification of a foster home or the placement of a child. Referred to House Human Services on 3/14. SB 2265 referred to Senate HHS on 3/25.

HB 2146 by Plesa (D-Dallas): Adds Chapter 98C, CPRC, to create a cause of action for having sex after intentionally removing, altering, or otherwise rendering a condom less effective without the other’s consent. Authorizes recovery of actual damages, including mental anguish, costs, and attorney’s fees. Authorizes recovery of punitive damages. Referred to House JCJ on 3/14.

HB 2149 by Tepper (R-Lubbock): Authorizes a property owner to bring a declaratory judgment action against a city to enforce restrictions on the city’s ability to require an owner to comply with a non-conforming use after a zoning or boundary change. Waives governmental immunity. Referred to House Land and Resource Management on 3/14.

HB 2155 by Shaheen (R-Plano): Prohibits the sale, delivery, or delivery of consumable hemp products. Imposes a criminal offense. Referred to House State Affairs on 3/14.

HB 2156 by Harris (R-Palestine)/SB 1008 by Middleton (R-Galveston): Largely pre-empts local regulation of food service establishments. Authorizes an aggrieved person or a trade association to bring suit against a city or county for violations. SB 1008 heard in Senate Business & Commerce on 3/18. HB 2156 referred to House State Affairs on 3/14.

HB 2173 by Shaheen (R-Plano): Requires a social media platform to post a warning on its landing page linking social media usage to mental health issues in minors. Referred to House Public Health on 3/14.

HB 2175 by Munoz (D-Mission): Prohibits a city from prohibiting an employee of the city’s police or fire departments from circulating certain employment petitions. Referred to House Intergovernmental Affairs on 3/14.

HB 2235 by Dutton (D-Houston): Amends § 261.001, Family Code, to add to the definition of abuse of a child “an employee, volunteer, or other individual working under the auspices of a school, facility, or program using a form of restraint on a child or secluding a child in a manner that does not comply with federal law, state law, state rules, or other applicable regulations for the school, facility, or program.” Referred to House Subcommittee on Juvenile Justice on 3/14.

HB 2241 by Dutton (D-Houston): Creates a no-injury private cause of action in which any person may sue any other person for the manufacture, sale, transportation, distribution, importation, loan, or transfer of certain firearms and precursor parts. Applies both to direct violators and those who aid and abet a violation. Provides for equitable relief, statutory damages of $10,000 for each violation, and attorney’s fees and costs. Bars the award of attorney’s fees and costs to a defendant. Denies standing to a defendant from asserting the right of another to bear arms under the Second Amendment as a defense to liability. (Follows SB 8 to the letter.) Referred to House Homeland on 3/14.

HB 2248 by Smithee (R-Lubbock)/SB 824/SB 852 by Middleton (R-Galveston): Makes several changes to the Open Records Act, including requiring a court to award attorney’s fees and litigation costs to an intervening requestor that substantially prevails or to whom the governmental body voluntarily releases the information, unless before suit is filed the governmental body releases the information or certifies a date and hour within a reasonable time the information will be available for inspection or duplication. Establishes a complaint process at the attorney general’s office for a governmental body’s failure to respond to a request within the statutory deadline. HB 2248 referred to House DOGE on 3/14. SB 824 referred to Senate B&C on 2/7.

HB 2255 by Goodwin (D-Austin): Requires the operator of an oil and gas well to notify the surface owner at least three days prior to conducting a fluid level or hydraulic pressure test on an inactive well (current law only requires notice to the RRC’s local office). Entitles the surface owner to witness the test. Referred to House Energy Resources on 3/14.

HB 2256 by Goodwin (D-Austin): Raises the amount of the bond required of an operator in order to extend the deadline for plugging a well to the amount at least equal to the applicable decommissioning cost estimate established by the RRC for each well. Likewise raises the amount of the individual bond to the same amount. Requires each operator to provide specified information to the RRC for purposes of estimating the decommissioning cost in each region of the state. Requires an operator who posts a bond to pay into a sinking fund an amount equal to the full cost of decommissioning the well, divided into 15 annual payments or the estimated number of years the well is expected to remain productive. Does not apply to an operator for a dry hole. Referred to House Energy Resources on 3/14.

HB 2284 by A. Johnson (D-Dallas): Establishes a licensing process for music therapists by the Texas Commission on Licensing and Regulation. Authorizes the commission to take disciplinary action or revoke licenses for violations. Referred to House Public Health on 3/14.

HB 2305 by Guerra (D-McAllen): Directs ERCOT to require electric utilities to submit periodic reports of retail customer response to conservation appeals. Referred to House State Affairs on 3/14.

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

HB 2333 by Hopper (R-Decatur): Applies a five-year statute of limitations on felony offenses under the Election Code. Referred to House Criminal Jurisdiction on 3/14.

HB 2565 by Isaac (R-Wimberley): Prohibits school districts from providing food and drinks containing certain food coloring chemicals. Referred to House Public Ed on 3/17.

HB 2566 by Spiller (R-Jacksboro): Authorizes a court to assess civil penalties against local entities for intentional refusal to comply with immigration enforcement. Attorney general enforcement for injunctive relief, costs, and attorney’s fees. Immunizes a law enforcement officer or employee of a state agency or local entity from liability for reasonably acting in good faith to enforce immigration laws. Referred to House State Affairs on 3/17.

HB 2663 by Darby (R-San Angelo): Amends § 89.029, Natural Resources Code, to authorize the RRC to impose an administrative penalty of up to $10,000 per violation if an operator seeking an extension of the deadline for plugging an inactive well affirms that it has terminated electric service and removed all equipment associated with electric service from the production site but hasn’t done so. Set for hearing in House Energy Resources on 3/24.

HB 2687 by Guillen (R-Rio Grande City): Authorizes a landowner or resident of a municipality to bring an action against the municipality for declaratory relief on grounds that the municipality or its zoning commission if either violates the reconsideration procedure established in the bill for reconsideration of a boundary or zoning change. Bars a violating municipality from receiving economic development money from the state for five years. Provides for recovery of the prevailing claimant’s attorney’s fees. Waives governmental immunity. Referred to House Land and Resource Management on 3/18.

HB 2690 by Harrison (R-Midlothian): Creates a no-injury cause of action against a governmental agency or public official for violating a person’s right to earn a living. Authorizes equitable relief, nominal damages of $1, and attorney’s fees and costs. Authorizes a person whose free exercise of the right to earn a living has been burdened to raise the violation as a defense in a judicial or administrative proceeding. Waives sovereign immunity. Referred to House State Affairs on 3/18.

HB 2691 by Harrison (R-Midlothian): Applies §§ 36.08 (gift to public servants) and 36.09 (offering gift to public servant), Penal Code, to a gift, award, or memento to a member of the legislative or executive branch. Prohibits registered lobbyists to reduce the maximum expenditure for an award or memento to $50. Referred to House State Affairs on 3/18.

HB 2770 by Schatzline (R-Fort Worth): Bars cities from spending money on supporting DEI initiatives, programs, or organizations. Attorney general enforcement. Bars a violating city from raising its tax rate for three years or receiving state grants for two years. Referred to House State Affairs on 3/19.

HB 2821 by Schatzline (R-Fort Worth): Bars counties from spending money on supporting DEI initiatives, programs, or organizations. Attorney general enforcement. Bars a violating city from raising its tax rate for three years or receiving state grants for two years. Referred to House State Affairs on 3/19.

HB 2826 by Cain (R-Houston)/HB 3661 by Swanson (R-Spring)/SB 2044 by Bettencourt (R-Houston): Prohibits a person from using school resources for electioneering. Makes it a criminal offense to violate the statute or fail to report a violation. Authorizes the State Board of Educator Certification to impose sanctions, including an administrative penalty of up to $10,000 and revocation of a person’s certification. SB 2044 referred to Senate State Affairs on 3/17. HB 2826 referred to House Public Ed on 3/19. HB 3661 referred to House Public Ed on 3/25.

HB 2840 by Shofner (R-Nacogdoches): Prohibits a person from representing, labeling, or advertising a product as “milk” or a “milk product” if it is not or does not contain “a liquid secreted by the mammary glands of female animals.” Referred to House Trade on 3/19.

HB 2870 by Zwiener (D-Driftwood): Requires a governmental entity that contracts with a contractor to require the contractor and any subcontractor to provide at least a 10-minute paid water break during every four-hour work period. Authorizes the entity to impose an administrative penalty for noncompliance of up to $500 per day. Referred to House State Affairs on 3/19.

HB 2872 by Olcott (R-Aledo): Prohibits a health authority from disclosing an individual’s vaccination records except under limited circumstances. Imposes a civil penalty of up to $50,000 per violation. Also applies to a person who obtains the information and discloses it to a third party. Referred to House Public Health on 3/19.

HB 2874 by Lalani (D-Sugar Land): Adds Subchapter B-1, Chapter 120, Business & Commerce Code, to require a social media platform with at least 1.5 million active users in a month to post provenance data with each photo, video, or audio file created on the platform or using the platform’s tools. Referred to House Trade on 3/19.

HB 2891 by Anchia (D-Dallas): Amends § 85.0531, Natural Resources Code, to raise the amount of the administrative penalty from $10,000 to $25,000 per day. Requires the RRC to provide an opportunity for public input on administrative penalty guidelines. Requires the guidelines to provide for different penalties for different violations based on the seriousness of the violation and any hazard to the health and safety of the public. Requires the commission to consider additional factors in assessing a penalty. Conforms other statutes to the $25,000 penalty. Referred to House Energy Resources on 3/19.

HB 2906 by Simmons (D-Houston): Increases the penalties on parking facility owners, towing companies, and booting companies (currently $1,000 plus three times the amount of fees) to add $500 for each day the vehicle owner is deprived of the use of the vehicle because of the violation and reasonable incidental costs. Referred to House Licensing on 3/19.

HB 2928 by Campos (D)/HB 3843 by Y. Davis (D-Dallas)/SB 2562 by West (D-Dallas): Regulates referral agencies for assisted living facilities. Attorney general enforcement at the request of HHSC for civil penalties of $1,000 per violation. HB 3843 prohibits an assisted living facility from selling or transferring a client’s contact information to a third party without consent. It further reduces the civil penalty to $1,000 per violation. Referred to House Human Services on 3/19. HB 3843 referred to House Human Services on 3/26.

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

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

Confers immunity from liability to the manufacturer for damage to the equipment, an individual, or other property resulting from the repair, diagnosis, maintenance, or modification of the equipment by an independent repair provider that uses the documentation, parts, and tools provided by the manufacturer. Provides immunity from liability to the manufacturer for reasonably necessary to protect user privacy, data, or digital safety. Provides immunity from liability to the manufacturer for a data security or privacy breach caused by an independent repair provider or owner. Attorney general enforcement under the DTPA for injunctive relief, attorney’s fees, and costs. Provides for notice and a right to cure. No private right of action. HB 3682 does not contain any exemptions and permits a private cause of action. Referred to House Trade on 3/20. HB 3682 referred to House Trade on 3/25. SB 2428 referred to Senate Business & Commerce on 3/25.

HB 2976 by Cain (R-Houston)/SB 1484 by A. Hinojosa (R-Brownsville): Requires a food service establishment that sells catfish to represent and identify that the product contains catfish and not another similar fish. Authorizes DHS, a public health district, or a county to impose an administrative penalty based on a sliding scale according to gross annual food sales. Also imposes a civil penalty in the same amounts, enforceable by the attorney general or the district or county attorney. HB 2976 referred to House Trade on 3/20.

HB 3060 by Spiller/HB 4256 (R-Jacksboro): Authorizes the attorney general to bring a civil action against a person on behalf of an individual or entity for injury to that individual or entity’s business or property caused, directly or indirectly, by the person’s violation of § 15.05 (Texas Free Enterprise and Antitrust Act). Authorizes recovery of actual damages, interest, costs, attorney’s fees, expert witness fees. Authorizes treble damages and attorney’s fees for willful or flagrant conduct. HB 3060 referred to House JCJ on 3/20.

HB 3075 by McLaughlin (R-Uvalde): Imposes a civil penalty in the amount of the state money directly or indirectly provided to an entity that advocates DEI or LGBTQ+ principles. Establishes a division in the LBB to vet such entities or organizations. Referred to House State Affairs on 3/20.

HB 3081 by Holt (R-Silsbee): Amends § 17.47(c), Business & Commerce Code, to raise the maximum civil penalty from $10,000 to $20,000, plus $250,000 if the act or practice was calculated to deprive or acquire money or property from a consumer who is not fluent in the language in which the act or practice occurred, or a person with an intellectual disability (current law only applies to age 65 or older). Referred to House Trade on 3/20.

HB 3137 by Lowe (R-North Richland Hills): Bans the sale, distribution, or application of chloropropham, glyphosate, and dicamba. Bans the sale of any food or beverage containing aspartame, artificial flavoring, propylparaben, azodicarbominide, butylated hydroxy anisole, butylated hydroxytoluene, color additives, dimethylpoly siloxane, MSG, tert-butylhydroquinone, partially hydrogenated oils, sodium benzoate, sodium nitrate, sodium nitrite, or methylparabem. Attorney general enforcement for a civil penalty of $500 per item sold, plus attorney’s fees and costs. Referred to House Public Health on 3/20.

HB 3160 by Toth (R-The Woodlands): Requires ISDs, open enrollment charter schools, and public libraries to adopt Internet safety and protection policies. Provides for a complaint process. Authorizes the commissioner of education to withhold state funding for violations. Referred to House Public Education on 3/20.

HB 3195 by Garcia Hernandez (D-Farmers Branch): Requires senior independent living communities to conduct criminal background checks on each employee, disclose to residents whether it requires businesses providing services to conduct a background check on its employees, and maintain a resident safety and communications policy regarding criminal activity. Provides immunity from criminal or civil liability for compliance with the statute. Prohibits a senior independent living community from preventing, inhibiting, or penalizing a resident for speaking to family members, social workers, law enforcement officers, or other interested persons about the health and safety of the facility. Likewise prohibits the community from preventing or inhibiting a law enforcement officer, court officer, social worker, family member, or other interested person from interviewing a resident in a common area. Referred to House Human Services on 3/20.

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

HB 3225 by Alders (R-Tyler): Imposes a civil penalty on municipal libraries for failing to review, remove, or relocate certain sexually explicit material to make them inaccessible to minors of $10,000 per violation plus loss of local or state funding. Enforceable by the attorney general with attorney’s fees and costs. Referred to House State Affairs on 3/20.

HB 3229 by Lambert (R-Abilene)/SB 2659 by Perry (R-Lubbock): Requires a recycler of components of wind turbine generator, solar energy device, or battery energy storage system accepted by the facility but not yet recycled to report specified information and financial assurance to TCEQ. Authorizes TCEQ to impose an administrative penalty for violations. Heard in House Environmental Reg on 3/27.

HB 3244 by Patterson (R-Frisco): Imposes various reporting requirements on an electric coop, electric utility, municipally owned utility, power generation company, or other person required to register with the PUC before generating electricity before beginning operation of or expanding a wind turbine generation facility (adverse impact on military operations). Authorizes the PUC to impose administrative penalties. Referred to House State Affairs on 3/20.

HB 3273 by Harris Davila (R-Round Rock): Creates a private cause of action for wrongful removal or wrongful removal of personal property from real property. Authorizes recovery of actual damages, treble damages (punitive), costs, and attorney’s fees. Referred to House Trade on 3/20.

HB 3292 by Metcalf (R-Conroe)/HB 3736 by Shofner (R-Nacogdoches)/HB 4787 by Shofner (R-Nacogdoches)/HB 5548 by Wilson (R-Marble Falls): Prohibits a school district from purchasing ultraprocessed food (food or beverage that contains specified additives and dyes) to a school district for serving or selling to students. HB 3736 applies to food and drink and primarily covers food dyes. HB 3292 referred to House Public Education on 3/20. HB 3736 referred to House Public Ed on 3/27.

HB 3304 by Lowe (R-Fort Worth): Prohibits vaccine mandates in schools or health care facilities. Referred to House Public Health on 3/21.

HB 3318 by King (R-Canadian)/SB 984 by Bettencourt (R-Houston): Requires informed consent by an eligible patient to obtain access to an individualized investigational treatment. Does not create a private cause of action. SB 984 heard in Senate HHS on 3/18. HB 3318 referred to House Public Health on 3/21.

HB 3323 by Swanson (R-Spring): Provides that a tabulation supervisor must ensure that the counting of ballots is continuous until all ballots are counted. Imposes a civil penalty of $500 for an offense. Enforceable by the attorney general. Referred to House Elections on 3/21.

HB 3372/HB 3373 by Metcalf (R-Conroe): Prohibits a school administrator from performing personal services or receiving a financial benefit from a business or education entity that conducts or solicits business from the school district or for another district, open-enrollment charter school regional education service center, or public or private institution of higher education. Imposes a $10,000 civil penalty for a violation. Referred to Public Ed on 3/21.

HB 3427 by Tinderholt (R-Arlington): Bars political subdivisions from DEI. Creates a no-standing private cause of action and provides for attorney general enforcement with costs and attorney’s fees. Waives immunity. Referred to State Affairs on 3/21.

HB 3428 by Tinderholt (R-Arlington): Makes a business liable for administrative penalties and license revocation for improper display of a sign regarding the possession of a firearm on the business’s premises. Referred to House Homeland on 3/21.

HB 3456 by Shofner (R-Nacogdoches): Prohibits a school district from selling any drink containing high fructose corn syrup. Does not apply to sales at sporting events or other special events. Referred to Trade on 3/24.

HB 3465 by Shofner (R-Nacogdoches): Bans the administration of a vaccine containing mRNA material to livestock or domestic fowl intended for human consumption. Referred to House Ag on 3/24.

HB 3491 by Toth (R-The Woodlands)/SB 505 by Bettencourt (R-Houston): Establishes a process to address alleged election irregularities. Request may be made by candidate, county or state chair of political party, presiding judge, alternate presiding judge, or head of specific-purpose political committee that support or opposes a ballot measure. Provides for an audit and investigation by the SOS. Authorizes the SOS to appoint conservator to oversee elections for two federal election cycles. Authorizes SOS to assess a civil penalty of $500 per violation. Attorney general enforcement. SB 505 referred to Senate State Affairs on 2/3. HB 3491 referred to House Elections on 3/24.

HB 3519 by Louderback (R-Victoria): Bans the cultivation of castor beans. Creates a Class C misdemeanor. Referred to House Ag on 3/24.

HB 3573 by McLaughlin (R-Uvalde): Prohibits a governmental entity from awarding a contract or providing preferential treatment to an historically underutilized business. Referred to House State Affairs on 3/25.

HB 3582 by Dutton (D-Houston): Creates a private right of action by a parent of a student engrossed at a school district or open-enrollment charger school against the district or school for doing a bad job. Entitles a parent to actual damages, specific performance, injunctive relief, and court costs and attorney’s fees. Waives sovereign immunity. Referred to House JCJ on 3/25.

HB 3611 by Curry (R-Waco)/SB 284 by Miles (D-Houston): Raises the civil penalty for the placement of “or whose commercial advertisement is placed” on a sign on the public right-of-way to $1,000 for a first violation, $2,500 for a second violation, and $5,000 for a third or subsequent violation. SB 284 reported as substituted from Senate Transportation on 3/13. HB 3611 referred to House Transportation on 3/25.

HB 3621 by Bumgarner (R-Flower Mound)/SB 1820 by Johnson (D-Dallas): Regulates primary ticket sellers, secondary market ticket sellers, and secondary market ticket exchange. SB 1820 referred to Senate Business & Commerce on 3/13. HB 3621 referred to House Trade on 3/25.

HB 3694 by Raymond (D-Laredo): Adds Chapter 121, Business & Commerce Code, to require a covered platform (defined as a website, online service, app, or mobile app that is publicly accessible, provides a forum for user generated content, and engages in the business of publishing, curating, hosting, or making available intimate visual depictions), to establish a process by which an identifiable individual may notify the platform of nonconsent and submit a request for removal. Requires the platform to make specified disclosures. Requires the platform to remove the complained of content within 48 hours, along with any copies. Makes a violation subject to the DTPA. Amends § 21.165, Penal Code, to broaden the definition of deep fake media to include software, machine learning, or AI-generated sexually explicit material. Makes it an offense to depict a person with visible computer-generated intimate parts with the visual intimate parts of another human being as the intimate parts of the person, or engaging in sexual conduct in which the person did not engage. Requires consent to be written. Creates a state jail felony offense, which raises to a third degree felony in the case of a minor or a prior offense. Referred to House Criminal Jurisprudence on 3/25.

HB 3711 by Capriglione (R-Southlake): Makes a violation of the Open Meetings Act by a county or city officer or school district board of trustees members an offense against public administration. Referred to House DOGE on 3/26.

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

HB 3777 by Tepper (R-Lubbock): Imposes a $250 civil penalty on a dog owner or dog breeder whose dog has been taken into animal control custody for a second time for failing to provide a letter confirming the dog’s sterilization, signed by the vet who sterilized the dog. Attorney general or county or district attorney, with attorney’s fees and costs. Referred to House Public Health on 3/26.

HB 3787 by Lujan (R-San Antonio): Prohibits a person from selling, distributing, or offering for sale a counterfeit or unsafe lighter. Imposes civil penalties for knowing violations of $100,000 for a manufacturer, $25,000 for retailers, and $500 for any one else. Attorney general enforcement for injunctive relief and civil penalties. Referred to House Insurance on 3/26.

HB 3805 by Lambert (R-Abilene): Authorizes the banking commissioner to remove or prohibit a current or former key employee of a money services licensee from office or employment or from control or participation in the business under certain circumstances. Referred to House Pensions on 3/26.

HB 3806 by Lambert (R-Abilene): Prohibits a state trust company, during a period of supervision, from engaging in any activity determined by the banking commissioner to threaten the safety and soundness of the company. Referred to House Pensions on 3/26.

HB 3809 by Darby (R-San Angelo)/SB 1824 by Schwertner (R-Georgetown): Establishes standards for battery energy storage agreements. Voids an agreement from waiving a right or exempt a grantee from a liability or duty imposed by statute. Authorizes a person harmed by a statutory violation to seek appropriate injunctive relief. Establishes required agreement provisions for the removal of the facility that impose on the grantee specified duties owed to the landowner. Requires an agreement to include specified financial security provisions providing financial assurance at least equal to the cost of removing the facilities from the landowner’s property, recycling or disposing of the components, and restoring the property to its prior condition. Heard in Senate Business & Commerce on 3/27. HB 3809 referred to House State Affairs on 3/26.

HB 3837 by Canales (D-Edinburg): Establishes permitting and regulatory requirements for autonomous vehicles. Requires a permit holder to report specified collision information to DPS. Establishes the autonomous vehicle commission. Makes it a DTPA violation to advertise or otherwise represent a technology or other product as capable of converting a motor vehicle to an autonomous vehicle or as a self-driving vehicle unless the vehicle may be operated at a specified level of automation. Referred to House DOGE on 3/26.

HB 3842 by Schatzline (R-Fort Worth): Prohibits the display of an LGBTQ flag on public property, including a classroom. Authorizes the education commissioner to withhold public funds from a school district for a violation. Imposes a civil penalty on a governmental entity or employee for a violation in an amount up to $2,000 per violation. Attorney general enforcement, with attorney’s fees and costs. Waives sovereign immunity. Referred to State Affairs on 3/26.

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

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

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

HB 3980 by Patterson (R-Frisco)/SB 2752 by Blanco (D-El Paso): Authorizes the Texas Lottery Commission to regulate fantasy contests (online fantasy or simulated game or contest of skill) that charges an entry fee (in addition to other requirements). Establishes a fantasy contest operator license. Grants the commission audit and investigative authority. Imposes an administrative penalty of up to $5,000 per day for violations. Enforceable by the attorney general as a contested case under the APA.

HB 4028 by Zwiener (D-Driftwood)/SB 2441 by Zaffirini (D-Laredo): Requires TCEQ to adopt rules requiring a person who owns or operates a facility operating under a multi-sector permit to monitor for preproduction plastics in receiving waters around the facility and conduct a monthly audit of any major spills of preproduction plastics at the facility. Requires the owner or operator to notify TCEQ of visible discharge of preproduction plastics within 24 hours. SB 2441 referred to Senate Natural Resources on 3/25.

HB 4040 by Schatzline (R-Fort Worth): Bars school districts from DEI practices. Suspends state funding and imposes a $1 million penalty for violations. Enforcement by the attorney general for injunctive relief.

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

HB 4061 by Patterson (R-Frisco)/SB 2056 by Hancock (R-North Richland Hills): Adds Chapter 604B, Business & Commerce Code, to prohibit certain practices by credit card issuers with more than $85 billion in assets. Prohibits certain practices by a credit card network. Authorizes the attorney general to investigate violations in the same manner as an antitrust violation. Authorizes the attorney general to file suit for a civil fine of $300,000 for an individual violater and $30 million for a violater with a market cap or assets of $500 million or more. Authorizes injunctive relief. Does not create a private cause of action. SB 2056 referred to Senate B&C on 3/17.

HB 4087 by Hayes (R-Denton)/SB 1626 by Hughes (R-Tyler): Amends § 143A.007(b), CPRC, to entitle a social media platform user to recover either actual damages or, at the user’s election, statutory damages of $100,000 if the user’s expression was censored, or $1,000 if the user’s ability to receive another person’s expression was censored. SB 1626 heard in Senate State Affairs on 3/24.

HB 4124 by Darby (R-San Angelo)/SB 2026 by Campbell (R-San Antonio): Adds Chapter 610, Business & Commerce Code, to regulate swipe fees charged by a payment card network. Requires a network to deduct the amount of state or local tax and gratuity from the calculation of swipe fees or rebate the merchant. Prohibits a payment card issue or payment card network from altering or manipulating the computation and imposition of swipe fees by increasing the rate or amount of the fees applicable to or imposed on the portion of electronic payment transaction not attributable to taxes or gratuities in order to circumvent the law. Imposes a civil penalty for violations in an amount not to exceed $1000 for each violation. Attorney general enforcement. Further requires a person that violates this chapter to refund a merchant any swipe fees charged in violation. SB 2026 referred to Senate B&C on 3/17.

HB 4159 by Reynolds (D-Missouri City): Prohibits manufacturing firearms that have not been assigned and stamped with a unique serial number. Prohibits manufacturing of firearms made with a three-dimensional printer. Creates a criminal offense.

HB 4189 by Schatzline (R-Fort Worth): Requires an internet service provider to make available to each customer a content filter for explicit material.

HB 4200 by Richardson (R-McKinney): Requires an electronic media platform to provide written disclosure to each purchaser through the platform that access to electronic media is not guaranteed in perpetuity and may expire. Imposes a civil penalty of $7,500 per violation. Attorney general enforcement. Authorizes the RRC to impose an administrative penalty for violations.

HB 4232 by King (R-Canadian): Requires and oil and gas well operator to maintain all land and infrastructure associated with the operations incident to production and located between the wellhead and the highway.

HB 4242 by Cain (R-Houston): Imposes testing requirements for consumable hemp products. Prohibits packaging in a manner attractive to children. Prohibits sales to a person who is under 21. Creates a criminal offense for an illegal sale. Immunizes a retailer who proves by a preponderance of evidence that a violation was unintentional or due to the retailer’s good faith reliance on a representation by a manufacturer, processor, or distributor. Prohibits a licensee from producing hemp on real property owned by a foreign adversary.

HB 4243 by Reynolds (D-Missouri City): Requires a consumer reporting agency to remove an eviction case from the consumer’s report if the tenant paid the judgment, executed a new lease with the plaintiff, and is not in default under the lease.

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

HB 4283 by LaHood (R-San Antonio): Authorizes the attorney general to investigate cities to determine whether city law violates state law or the constitution. Makes a city liable for a civil penalty of $3000 per violation per day.

HB 4294 by Shaheen (R-Plano)/SB 2420 by Paxton (R-McKinney)/HB 4901 by Fairly (R-Amarillo): Adds Chapter 121, Business & Commerce Code, to require the owner of an app store to use age verification before creating an account (5 age tiers). Requires parental consent for a minor. Requires an app store owner to display for each software application available for download and purchase an age rating. Requires a developer of a software application to designate an age rating for each app, to notify an app store of changes in the terms of service or privacy policy, to provide a readily available feature for a parent or guardian to monitor and limit a minor’s use of the app, to create and implement an age verification system (5 tiers) using information provided by the app store owners. Imposes civil penalties of up to $20,000 for a knowing violation. Enforceable by the attorney general with attorney’s fees and costs. Creates a private cause of action for actual damages, injunctive relief, and costs and attorney’s fees. The Senate version creates a DTPA action as well as a private cause of action, though it omits the civil penalty. SB 2420 referred to Senate State Affairs on 3/25.

HB 4297 by Shaheen (R-Plano): Prohibits a person from advertising the sale or provision of good or services prohibited by state law.

HB 4298 by Shaheen (R-Plano)/SB 2421 by Paxton (R-McKinney): Requires an electronic device manufacturer to enable a filter on a device activated in this state to prevent a minor from accessing explicit material. Requires the manufacturer to provide parental controls. Imposes a civil penalty of up to $30,000 per violation. Enforceable by the attorney general. The Senate version imposes a civil penalty of the lesser of $5,000 per violation or $50,000. Attorney general enforcement with costs and attorney’s fees. The Senate version also adds a private cause of action by a parent for actual damages or $50,000, punitive damages, costs, and attorney’s fees. Further creates a private case of action by a parent against a nonparent violator for damages of $1,000, costs, and attorney’s fees. Allows the attorney general to bring suit for an injunction and revocation of any license or certificate authorizing the manufacturer to do business in Texas. Creates a criminal offense. SB 2421 referred to Senate State Affairs on 3/25.

HB 4293 by Moody (D-El Paso): Amends § 74.004(b), CPRC, to expand eligible claimants in a wrongful death action to include the siblings of the deceased.

HB 4313 by Bell (R-Magnolia)/SB 2235 by Bettencourt (R-Houston): Prohibits a political subdivision from charging a fee to fund a climate or environmental project, including a project to reduce the amount of pollutants reaching the environment. SB 2235 referred to Senate Local Government on 3/25.

HB 4316 by Bell (R-Magnolia)/SB 2238 by Bettencourt (R-Houston): Prohibits a city or county from prohibiting vehicular traffic on a roadway that state law does not prohibit it. SB 2238 referred to Senate Local Government on 3/25.

HB 4338 by Holt (R-Silsbee): Requires a “large” social media platform to create, maintain, and provide to third-party safety software providers a set of real-time application programming interfaces that allow a child or parent to delegate permission to a third-party provider to manage online transactions. Requires DIR to implement the requirement. Immunizes a compliant social media platform provider from liability for damages arising from the transfer of user data to a third-party safety software provider.

HB 4340 by Plesa (D-Dallas): Requires a social media platform to put warning labels on paid advertisements for medical tourism. Creates a DTPA violation.

HB 4348 by Capriglione (R-Southlake): Prohibits a home-rule city from closing a roadway except under certain circumstances. Bars a city from reallocating existing vehicular roadway space for another use. Authorizes the Transportation Commission to investigate complaints and to suspend financial assistance for violations.

HB 4349 by Shofner (R-Nacogdoches): Prohibits an institution of higher education from funding a student organization that conducts DEI-related activities. Attorney general enforcement.

HB 4362 by Money (R-Greenville): Requires an original equipment manufacturer of electronics-enabled agricultural equipment to make available on fair and reasonable terms to any owner or independent repair provider parts, tools, software, updates, or documentation necessary to service the equipment. Creates a DTPA violation.

HB 4363 by Money (R-Greenville): Requires permitting of battery energy storage facilities. Directs the State Fire Marshal to adopt fire safety standards for such facilities. Requires a facility to deposit with the comptroller an amount of money the comptroller determines sufficient to compensate first responders for expenses in responding to a fire.

HB 4378 by Patterson (R-Frisco)/SB 2368 by Campbell (R-San Antonio)/HB 131 by Patterson (R-Frisco): Imposes a $1 million per violation penalty for the submission of false or incomplete information to ERCOT by a business entity seeking certification as a market participant (foreign entities). HB 131 referred to House State Affairs on 3/14. SB 2368 referred to Senate Business & Commerce on 3/25.

HB 4381 by Hefner (R-Mt. Pleasant): Authorizes the commissioner of education to assess an administrative penalty and withhold state funding from a school district that does not comply with the requirements relating to a document informing a parent of the parent’s rights and options regarding the health of a child.

HB 4423 by Cain (D-Houston): Adds § 503.001, Business & Commerce Code, to expand the prohibition on the capture biometric identifiers to include “biometric information.”

HB 4456 by Bhojani (D-Euless): Requires social media platforms to verify the age of individuals seeking to open an account. Creates a DTPA violation enforced by the attorney general.

HB 4496 by C. Bell (R-Magnolia): Prohibits a city from spending public money on DEI programs.

HB 4500 by Shaheen (R-Plano): Add § 17.465, Business & Commerce Code, to make it a deceptive trade practice to provide healthcare services at an unconscionable price or demand or charge an unconscionable price for a health care service provided by a healthcare provider. Provides that the consumer protection division cannot bring an action under the statute if the price alleged to be unconscionable is less than 200% of the average charge for the same or substantially similar services. Allows the consumer protection division to recover attorney’s fees and costs. Does not create a private cause of action.

HB 4547 by Oliverson (R-Cypress): Prohibits of state agency from adopting a rule or taking an enforcement action that burdens an applicant’s or license holder’s exercise of religion or freedom of speech. Create a private cause of action against the agency or member of the governing body of the agency for injunctive relief, three times the amount of compensatory damages, and costs and attorney’s fees. Waives sovereign immunity.

HB 4452 by Gerdes (R-Smithville): Adds Chapter 621, Government Code, to prohibit a government entity from taking any discriminatory action against anyone for any reason. Attorney general enforcement for mandamus relief. Prohibits a government entity from awarding a contract based on preferential treatment on the basis of race, color, ethnicity, sex, gender identity, or sexual orientation.

HB 4555 by Curry (R-Waco)/SB 2748 by Hall (R-Edgewood): Prohibits a manufacturer of motor vehicles from using a technological barrier or specified level barrier to impair the ability of an owner, an aftermarket parts manufacturer or remanufacturer, a motor vehicle equipment manufacturer, a motor vehicle repair facility, a distributor, or a service provider from accessing vehicle-generated data or critical repair information or tools, or to use a service provider of the owner’s choice. Requires the manufacturer to develop a system to notify an owner when the vehicle-generated data generated by the owner’s data is being accessed. Prohibits a manufacturer from mandating the use of a specific brands or manufacturers of parts, tools, or equipment. Imposes a civil penalty of up to $10,000 per day per violation. Attorney general enforcement with costs and attorney’s fees.

HB 4561 by Toth (R-The Woodlands): Prohibits a school district from granting excused absences for political protests, social or public policy advocacy, or lobbying. Prohibits an educator from organizing any of the above. Certification suspension or cancellation for violations. Prohibits school districts from supporting any of the above at the risk of losing state funding. Voids any part of a contract that does any of the above.

HB 4562 by Curry (R-Waco): Prohibits a person from disclosing, releasing, sharing, disseminating, making available, or selling to a third party the phone number of an individual without consent. Attorney general enforcement with opportunity to cure. Creates a DTPA violation. Authorizes recovery of costs and attorney’s fees. Does not a private cause of action.

HB 4571 by Morales Shaw (D-Houston): Adds § 91.119, Natural Resources Code, to direct the RRC to adopt rules and standards regarding the use of reserve pits and mud circulation pits. Requires an operator to give written notice to the county clerk not later than 30 days of closing a reserve pit or mud circulation pit used for the permanent burial of oil and gas waste.

HB 4610 by Harris Davila (R-Round Rock): Requires a retailer, under certain circumstances, that accepts in-person payments, including by phone, mail, or Internet, to accept cash as a form of payment in a transaction of $100 or less and prohibits the retailer from charging a higher price for paying in cash.

HB 4612 by Reynolds (D-Houston): Imposes new duties on an operator of an oil and gas well prior to conducting a fluid level or hydraulic pressure text of an inactive well. Entitles the groundwater conservation district and the surface estate owner to be present and to receive the results of the test.

HB 4623 by Little (R-The Colony): Adds Chapter 118, CPRC, to hold a professional school employee liable for sexual misconduct, failure to report suspected child abuse or neglect, or any other negligent, reckless, knowing, or intentional act or omission resulting in injury or death to a student. Makes the school jointly and severally liable. Entitles a prevailing claimant to recover actual damages, costs, and attorney’s fees., as well as punitive damages. Waives governmental and officil immunity.

HB 4633 by Goodwin (D-Austin): Regulates retail distribution centers located outside the corporate limits of a city and that operates from 400 to 800 vehicle trips per day. Prohibits location of a center within 2 miles of a school or hospital. Levies a civil penalty of up to $1,000 per day. Attorney general enforcement.

HB 4636 by Garcia Hernandez (D-Farmers Branch): Amends § 541.001, Business & Commerce Code, to add “real-time driving data” to the list of sensitive data regulated by Chapter 541. Adds § 541.102 to require a controller that engages in the sale of personal data that is precise geolocation data, the controller must notify a consumer in the same manner as the privacy notice.

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

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

HB 4745 by Olcott (R-Aledo): Makes a person who is not a citizen or lawful resident ineligible to receive any public benefits, including education and health care.

HB 4777 by Flores (D-Austin): Makes a for-profit kennel, non-profit kennel, or animal shelter liable to a pet owner for the loss, injury, or death of a pet caused by the kennel’s negligence, grossly negligent, or intentional act or omission. Also extends liability to a publicly-owned kennel or shelter. Waives sovereign immunity to the extent allowed by the Texas Tort Claims Act. Provides for statutory damages for the death of a pet of the greater of $5,000, the purchase price of the animal, or the market value of the animal. Also allows recovery of medical expenses, bystander damages, mental anguish, loss of companionship, and pain and suffering. Raises damages to the greater of $10,000 per animal or three times actual damages if the claimant proves by clear and convincing evidence that fire caused the death of the pet. Provides for punitive damages of the greater of $200,000, two times actual damages, or the statutory cap. Allows recovery of costs and attorney’s fees. Creates a rebuttable presumption in favor of a claimant on mental anguish. Indexes the damages amounts by 5% a year.

HB 4778 by Little (R-The Colony)/SB 2906 by Paxton (R-McKinney): Requires a financial institution to give notice prior to terminating an account. Authorizes the account holder to appeal to the department. Creates a private cause of action for declaratory and injunctive relief and attorney’s fees and costs.

HB 4784 by Harrison (R-Midlothian): Bars a state agency from DEI activities.

HB 4788 by Shofner (R-Nacogdoches): Bars institutions of higher education from accepting federal funds for embryonic or fetal stem cell research at the risk of state funding (TEG grants also).

HB 4899 by Wilson (R-Marble Falls): Amends § 302/001(7), Business & Commerce Code, to expand the definition of “telephone solicitation” to include a transmission of a text or graphic message or of an image. Provides that a violation of Chapter 304 (solicitations) is a DTPA violation. Also authorizes enforcement by a private right or remedy. Provides that recovery under a private action more than once may not limit recovery in a future legal proceeding.

HB 130 by Bonnen (R-Friendswood)/SB 2429 by Hughes (R-Tyler): Prohibits a medical facility, research facility, company, or nonprofit organization from using a genome sequencer or software produced by or on behalf of a foreign adversary, state-owned enterprise of a foreign adversary, company or organization domiciled in such a country, or an owned and controlled sub or affiliate domiciled in such a country. Requires storage of genome sequencing data of Texas residents in the US and imposes certain security requirements. Authorizes the attorney general to investigate alleged violations. Imposes a civil penalty of $10,000 per violation. Enforceable by the attorney general with costs and attorney’s fees. Creates a private cause of action by a Texas resident for the greater of actual damages or statutory damages of at least $5,000 per violation, with recovery of attorney’s fees and costs. Referred to House Homeland on 3/14. SB 2429 referred to Senate State Affairs on 3/25.

HB 4976 by Schatzline (R-Fort Worth): Requires a digital service provider who registers a person’s age as younger than 18 to verify the person’s age using a commercially reasonable method once the person turns 18.

HB 4982 by Goodwin (D-Austin): Makes a person who commits a hate crime liable to the victim for actual damages, punitive damages of three times actual damages, an additional $25,000 in punitive damages for threatening the claimant or witness during the action, and court costs and attorney’s fees. Does not require a conviction.

HB 5024 by Hickland (R-Belton): Expands the regulation of tobacco to include hemp or herb products rolled with tobacco, as well as products containing synthetic nicotine.

HB 5144 by Louderback (R-Victoria): Prohibits a business which advertises its services to veterans with regard to claims preparation, presentation, and prosecution with the Department of Veteran Affairs from engaging in false, misleading, or deceptive acts or practices. Imposes a civil penalty of $25,000 per violation.

HB 5135 by Gerdes (R-Smithville): Prohibits governmental entities from establishing a discriminatory office. Withholds state funds for noncompliance.

HB 5158 by Shofner (R-Nacogdoches): Prohibits a political subdivision from spending public money in support of a professional association that promotes DEI.

HB 5212 by Phelan (R-Beaumont): Prohibits a person who sells prepared food from advertising, displaying, or offering a price in a manner that does not indicate the full price, including any mandatory fees or charges or other taxes or fees. Creates a private cause of action by a consumer for injunctive relief and the lesser of actual damages or $1,000 plus attorney’s fees. Also provides for attorney general enforcement with fees and costs.

HB 5227 by Hopper (R-Hopper): Imposes a civil penalty of $50,000 per violation on an actor’s union that penalizes a non-union worker. Attorney general enforcement, with attorney’s fees and costs.

HB 5266 by C. Bell (R-Magnolia): Authorizes the attorney general to investigate local governments. Bars a local government from raising taxes for five years for violations.

HB 5495 by Bhojani (D-Euless): Adds § 541.056, Business & Commerce Code, to require a controller collecting personal data from a consumer online to treat a consumer’s use of a global privacy control as a valid request submitted by the consumer not to sell, share, or disclose the consumer’s data. Further requires a controller that operates a web browser to enable it to automatically recognize and comply with the consumer’s global privacy control choices.

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

HB 5541 by Toth (R-The Woodlands): Prohibits a state agency that issues a license or regulates a business, occupation, or profession from adopting a rule that limits an applicant’s ability to obtain or renew a license based on a sincerely held religious belief or burdens the applicant’s constitutional rights. Enforcement by dec action.

HB 5543 by Meyer (R-Dallas): Amends § 17.955, Business & Commerce Code, to create a private cause of action for a bad faith assertion of patent infringement. Provides that if a court finds that an end user has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement, the court shall require the person to post a bond (up to $500,000) in an amount equal to a good faith estimate of the end user’s fees and litigation costs.

HB 5594 by Little (R-Lewisville)/SB 2971 by Hall (R-Edgewood): Prohibits a person from denying access to a multiple-listing service, real estate broker’s organization, or other service based on the initiation of an ethics complaint involving a matter of public concern or religion.

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

HJR 120 by Meyer (R-Dallas): Adds § 16, Article I, Texas Constitution, to provide that retroactive laws may be made as to a civil cause of action arising out of child sexual abuse. Referred to House JCJ on 3/17.

SB 3 by Perry (R-Lubbock): Adds § 443.1035, Health & Safety Code, to require a manufacturer of a consumable hemp product to obtain a license. Prohibits the manufacture of a consumable hemp product that contains any amount of a cannabinoid other than cannabidiol or cannabigerol. Requires testing of consumable hemp products. Requires the owner of a location which sells consumable hemp products to register with the department. Requires a manufacturer to register a consumable hemp product with the department before offering the product for sale. Makes it a criminal offense to sell an unregistered product. Makes it a DPTA violation to sell a product that contains any amount of a cannabinoid other than cannabidiol or cannabigerol or the product’s packaging or advertising indicates that the product is for medical use. Makes it a criminal offense to market, advertise, or sell an edible consumable hemp product packaged in a manner attractive to minors. Prohibits misleading packaging. Makes it a third degree felony to knowingly manufacture, deliver, or possess with intent to deliver a consumable hemp product that contains any amount of a cannabinoid other than cannbidiol or cannabigerol. Makes possession a Class misdemeanor. Makes it a criminal offense to manufacture or sell a consumable hemp product for smoking. Makes it a criminal offense to sell a product near a school. Makes it a Class A misdemeanor to deliver illegal consumer hemp products by mail, delivery, or courier. Makes if a criminal offense to falsify a lab report. Makes it a criminal offense to manufacture or sell a product with a license or registration. Authorizes license revocation and administrative penalties of up to $10,000 against a license holder or registrant. Referred to House State Affairs on 3/26.

HB 28 by King (R-Canadian): Regulates consumable hemp products. Prohibits a license holder from manufacturing a consumable hemp product that contains any amount of a synthesized cannabinoid. Creates an offense for marketing or selling a consumable hemp product in attractive or misleading packaging. Limits the level of delta-9 in a product. Creates an offense for making or selling a product with too much delta-9. Creates an offense for selling a product to a minor. Creates an offense for possession. Creates an offense for making or selling edibles. Creates a bunch of other offenses. Referred to House State Affairs on 3/14.

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

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

SB 40 by Huffman (R-Houston): Prohibits a political subdivision from using taxpayer funds to pay a nonprofit organization that uses contributions from the public to post a defendant’s bail bond. Authorizes a taxpayer or resident to sue for injunctive relief, costs, and attorney’s fees. Referred to House Criminal Jurisprudence on 3/26.

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

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

SB 122 by Hall (R-Edgewood)/HB 1304 by Hopper (R-Decatur): Prohibits a person from selling a fetal tissue food product unless the product is conspicuously labeled pursuant to DHS rules. Referred to Senate Health and Human on 2/3. HB 1304 referred to House Public Health on 3/10.

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

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

SB 312 by Hughes (R-Tyler)/HB 4807 by Paul (R-Webster)/HB 3776 by Paul (R-Webster): Bars public retirement systems and their investment managers and proxy advisors from using ESG factors in investment decisions. Limits decisions to “financial factors.” Prescribes contracting requirements for system contracts with managers and advisors. Authorizes a public retirement system to file suit to restrain a manager or proxy advisor from breaching a contract or violating the statute. Authorizes a court to award attorney’s fees and costs to a prevailing party. HB 3776 requires annual reporting by the governing body of a public retirement system to report proxy votes to the Pension Review Board. Also applies to an investment manager to whom the system grants proxy voting authority. Referred to Senate State Affairs on 2/3. HB 3776 referred to House Pensions on 3/26.

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). Passed Senate on 3/26.

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

SB 381 by Middleton (R-Galveston)/HB 2547 by Cain (R-Houston): Prohibits a manufacturer or dealer from installing remote vehicle disabling technology that is capable of being activated or engaged by a third person. Provides for license revocation of a person who violates the law. Referred to Senate Transportation on 2/3. HB 2547 referred to House State Affairs on 3/17.

SB 405 by Middleton (R-Galveston)/HB 3592 by Phelan (R-Beaumont): Adds § 253.044, Election Code, to cap contributions from out-of-state contributors at $5,000 for statewide office; $2,500 for district offices, and $1,000 for county offices. Bars a PAC from making a contribution if in the preceding reporting period more than 50% of the PAC’s contributions came from persons with principal addresses outside of the state. Imposes a civil penalty for violations for three times the amount of the illegal contribution. Enforceable by the Ethics Commission. Referred to Senate State Affairs on 2/3. HB 3592 referred to House State Affairs on 3/25.

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

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

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

SB 512 by Kolkhorst (R-Brenham)/HB 1516 by Schofield (R-Katy): Prohibits a licensed money services business from including in its terms of service a fine or penalty for a violation of the terms of service. Provides that a violator is liable to the state for three times the fine or penalty imposed by the licensee. Authorizes the attorney general to enforce the statute and recover court costs and attorney’s fees. Referred to Senate Business & Commerce on 2/3. HB 1516 referred to House Pensions on 3/12.

SB 578 by West (D-Dallas): Requires a housing development that receives an allocation of low income housing tax credits to install and maintain operable exterior surveillance cameras. Reported as subsituted from Senate Local Government on 3/24.

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

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

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

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

SB 696 by West (D-Dallas)/HB 5433 by Plesa (D-Dallas): Amends § 20.05(a), Business & Commerce Code, to prohibit a consumer reporting agency to include on a consumer report a record of an arrest or charge that did not result in conviction or deferred adjudication. Referred to Senate Business and Commerce on 2/3.

SB 618 by Sparks (R-Midland)/HB 2773 by Leach (R-Plano): Imposes new civil penalties on election officials for altering election results. Enforceable by the attorney general. Heard in Senate State Affairs on 3/24.

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

SB 673 by Hughes (R-Tyler): Prohibits cities from prohibiting an owner of certain lots from building an accessor dwelling unit. Creates a cause of action for appropriate equitable relief to Directs the court to award the prevailing claimant costs and attorney’s fees. Waives sovereign immunity. Reported favorably from Senate Local Government on 3/18.

SB 782 by King (R-Weatherford)/HB 3159 by Darby (R-San Angelo): Authorizes a severance tax exemption for oil and gas produced from restimulation wells. Imposes a civil penalty of $10,000 plus the difference between the amount of taxes due and the amount paid if a person claims the exemption with knowledge that the person is ineligible. Attorney general enforcement. Referred to Senate Finance on 2/7. HB 3159 referred to House Ways and Means on 3/20.

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

SB 840 by Hughes (R-Tyler)/HB 3404 by Hefner (R-Mt. Pleasant): Mandates that a city or county allow the development of certain multifamily and mixed-use development projects and the conversion of commercial buildings to mixed-use and multifamily residential occupancy. Bars certain fees for permit applications (including parkland dedication), certain requirements in an application (e.g., traffic impact, parking, etc.), and impact fees. Allows a city to apply STR regulations on short-term rental units to a converted building. Applies to a city with a population greater than 60,000 that is located in a county with a population of more than 420,000 and a county with a population of more than 420,000. Creates a cause of action against a city or county for violations with recovery of nominal and compensatory damages, costs and attorney’s fees, and injunctive relief. Gives the 15^th Court of Appeals exclusive jurisdiction over the action. Further provides that the attorney general may bar a city or county from raising any new tax revenue for three years. Waives sovereign immunity. Passed Senate on 3/24. HB 3404 referred to House Land andResource Management on 3/21.

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

SB 854 by Middleton (R-Galveston)/HB 3172 by Gates (R-Houston): Creates a cause of action against a municipality for violating statutory pre-emption of the municipality’s zoning authority over multifamily residential and mixed use development on religious land. Authorizes declaratory and injunctive relief, recovery of economic damages, and attorney’s fees and costs. Waives sovereign immunity. Grants exclusive jurisdiction to the 15th Court of Appeals for appeals. SB 854 reported as substituted from Senate Local Government on 3/17. HB 3172 referred to House Land and Resource on 3/20.

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

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

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

SB 949 by Parker (R-Flower Mound)/HB 4333 by Hayes (R-Denton)/SB 2492 by King (R-Weatherford): Bans financial institutions with assets of more than $100,000,000,000 from using social credit scores. Bars payment processors, credit card companies, payment networks, payment service providers, or payment gateways that process more than $100,000,000,000 in transactions annually from using social credit scores. Applies the DTPA to violations. Authorizes attorney general enforcement. Creates a private cause of action for actual damages or statutory damages of $10,000 (plus treble damages for an intentional violation). Awards prevailing plaintiff attorney’s fees and costs. Referred to Senate Business & Commerce on 2/13.

SB 961 by Kolkhorst (R-Brenham): Among other new Medicaid verification requirements, makes it unlawful for a person to file claim under a state health program without indicating the type of license held by a health care provider that actually provided the service. Reported as subsituted from Senate HHS on 3/24.

SB 1000 by Blanco (D-El Paso)/HB 880 by Lalani (D-Sugar Land)/HB 2478 by Talarico (D-Austin): Bars a consumer reporting agency from including on a consumer report information related to a medically necessary debt, regardless of when the debt was incurred. SB 1000 referred to Senate Business & Commerce on 2/13. HB 2478 referred to House Trade on 3/17.

SB 1005 by Middleton (R-Galveston)/HB 1554 by Capriglione (R-Southlake)/HB 5602 by Troxclair (R-Austin): Bars a governmental entity from using public funds for the provision of legal services in a removal or other immigrant-related civil proceeding involving an individual unlawfully in the United States. Referred to Senate State Affairs on 2/24. HB 1554 referred to House State Affairs on 3/12.

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

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

SB 1036 by Zaffirini (D-Laredo): Adds Chapter 1806, Occupations Code, to provide for the registration and regulation of solar retailers and salespeople. Imposes civil and administrative penalties of up to $100,000. Applies the DTPA to violations. Creates a private cause of action without requiring exhaustion of administrative remedies. Heard in Senate Business & Commerce on 3/18.

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

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

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

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

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

SB 1224 by Sparks (R-Midland)/HB 2206 by Bumgarner (R-Flower Mound): Makes a school superintendent criminally liable for failing to notify law enforcement within 48 hours of becoming aware that an educator is alleged to have committed sexual misconduct with a student. Referred to Senate Education on 2/28. HB 2206 referred to House Public Ed on 3/14.

SB 1235 by Hancock (R-North Richland Hills): Prohibits information blocking (charging fees for a patient’s health records if requested by the patient). Regulates disclosure of sensitive test results. Imposes a civil penalty of up to $10,000 per violation and $250,000 for an intentional violation. Attorney general enforcement.

SB 1254 by Zaffirini (D-Laredo): Provides that licensed provider of professional employer services’s status as employer of a covered employee continues until the expiration of 18 months after the license expiration date. Provides that if the license holder fails to renew its license prior to the expiration of the 18-month period, its status as an employer of a covered employee terminates and the license holder is subject to disciplinary action if it engages or offer services at any time after expiration of the license. Set for hearing in Senate B&C on 3/25.

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

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

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

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

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

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

SB 1316 by Cook (D-Houston)/HB 2735 by Cunningham (R-Humble): Adds e-cigarettes to the current restrictions on the location of advertising of tobacco products. Referred to Senate State Affairs on 2/28. HB 2735 heard in House Public Health on 3/19.

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

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

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

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

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

SB 1652 by Zaffirini (D-Laredo)/HB 3458 by Patterson (R-Frisco): Adds Chapter 206, Business & Commerce Code, to prohibit a pet store from selling a dog or a cat. Authorizes a pet store to provide space for specified nonprofit entities to “showcase dogs and cats owned by the entities for the purpose of adoption.” Bars a pet store from having an ownership in dogs or cats offered for adoption or receiving a fee for providing space. Imposes a civil penalty of $500 per day for each dog or cat sold or offered for sale in violation of the statute. Attorney general enforcement. HB 3458 referred to House Trade on 3/24.

SB 1691 by Menendez (D-San Antonio): Adds Chapter 32, Property Code, to prohibit a person from interfering with another person’s quiet enjoyment of the person’s residence by distributing a pamphlet, leaflet, or flyer that demonstrates ethnic or religious animus. Imposes a civil penalty of $5,000 enforceable by the attorney general or a district or county attorney/ Authorizes recovery of attorneys fees and costs. Referred to Senate State Affairs on 3/11.

SB 1698 by Parker (R-Flower Mound)/HB 3772 by Craddick (R-Midland): Adds Chapter 161, Health & Safety Code, to regulate the manufacture, importation, distribution, wholesaling, or retailing of e-cigarettes. Establishes a registry maintained by comptroller. Requires an out of state manufacturer who is not registered to conduct business in Texas to have a registered agent in the state. Requires a manufacturer to post a surety bond for the payment of fines, penalties, and the cost of seizure, destruction, and disposal of contraband e-cigarettes. Requires a directory of all retail sellers of e-cigarettes. Provides audit authority and civil penalty authority. Imposes civil penalties for each e-cigarette sold or offered for sale in violation of the statute. Enforcement by the attorney general with recovery of attorney’s fees and costs. Makes a violation of the statute a DTPA violation. Authorizes the comptroller to impose administrative sanctions, including permit suspension or revocation. Creates a criminal offense for false representation of information on a certification form (Class B misdemeanor). Referred to Senate State Affairs on 3/11. HB 3772 referred to House Public Health on 3/27.

SB 1806 by Sparks (R-Midland)/HB 3707 by Craddick (R-Midland): Among other things, makes it a criminal offense if a person continues using a disposal well or begins drilling a disposal well or converting an existing well into a disposal well without first obtaining a permit. Ranges from a third to first degree felony based on the total value of the oil and gas waste disposed of. HB 3707 heard in House Energy Resources on 3/31.

SB 1851 by Nichols (R-Jacksonville)/HB 4097 by Harris (R-Palestine): Authorizes a person to file a complaint with the attorney general of a suspected violation of requirements that a city perform an annual audit and file a financial statement. Authorizes the attorney general, on a finding of a violation, to bar the city from adopting a property tax rate that exceeds the no-new revenue tax rate. Referred to Senate Local Government on 3/17.

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

SB 1917 by Middleton (R-Galveston)/HB 3859 by Patterson (R-Frisco): Expands the duties of motor vehicle manufacturers or distributors to franchisees regarding recall, over-the-air, and preparation and delivery work and labor rates for certain maintenance services and warranty work. Referred to Senate B&C on 3/17.

SB 1960 by Schwertner (R-Georgetown)/HB 3950 by Hunter (R-Corpus Christi): Provides that an individual or other right holder has a right to authorize the use of the voice or visual likeness of the individual in a digital replica. Provides that the right is to property, is licensable, and may be passed by inheritance. Prohibits unauthorized uses. Requires online service providers to designate an agent to receive notice of violations and to remove or disable unauthorized replicas. Bars the manufacture, import, sale, provision, or distribution to the public a product or service primarily designed to produce unauthorized digital replicas. Permits the registration of post mortem rights. Creates a private cause of action against a person who violates or threatens to violate the statute for injunctive relief, statutory damages ranging from $5,000 to the sum of actual damages and profits attributed to the unauthorized use. Authorizes the award of punitive damages for a wilful violation with malice, fraud, knowledge, or wilful avoidance of knowledge. Limits the liability of an online service provider to $1 million under certain circumstances. Entitles a prevailing party to attorney’s fees. Creates an additional cause of action by an online service provider against a violator for the greater of $5,000 or actual damages, court costs, and attorney’s fees. Referred to Senate B&C on 3/17.

SB 1970 by Middleton (R-Galveston): Adds § 1101.562, Occupations Code, to impose new duties on a real estate broker or sales agent who lists real estate for sale, including duties to share information, show the property, and publicly advertise or market the property. Referred to Senate B&C on 3/17.

SB 1973 by Kolkhorst (R-Brenham): Regulates human body acquisition services and subjects them to enforcement and penalties under Chapter 691, Health & Safety Code. Referred to Senate HHS on 3/17.

SB 1993 by Hall (R-Edgewood): Limits the authority of a city to close a street or alley. Prohibits a city from reallocating vehicular roadspace for bike lanes, transit lanes, or sidewalks. Cuts state funding for violations. Referred to Senate Transportation on 3/17.

SB 2101 by Hughes (R-Tyler): Requires a municipal public library that maintains sexually explicit material in physical or electronic collection to implement age verification measures to prevent minors from accessing the materials. Exempts religious materials. Authorizes the Texas State Library and Archives commission to assess a civil penalty of not more than $10,000 per violation. Attorney General enforcement with costs and attorney’s fees. Referred to Senate State Affairs on 3/24.

SB 2130 by Hinojosa (D-McAllen): Adds Chapter 15A, Business & Commerce Code, to regulate certain transactions and activities of entities that acquire and consolidate veterinary practices. Requires prior notice of and investigation by the attorney general of proposed changes of control. Requires attorney general approval for a change of control transaction. Allows judicial review on an arbitrary or capricious standard. Imposes a civil penalty of $2,000 per violation, plus attorney’s fees and costs. Lists a number of prohibited activities by a private equity company acquiring interests in veterinary practices. Attorney general enforcement for civil penalties, costs, and attorney’s fees. Imposes an additional civil penalty against a veterinary services provider or private equity company of $300,000 for an individual, and up to $30 million for a private equity company. Creates several criminal offenses. Referred to Business & Commerce on 3/24.

SB 2149 by Bettencourt (R-Houston): Bars an electric utility from having a DEI program. Attorney general enforcement for injunctive or mandamus relief. Referred to Sente Business & Commerce on 3/24.

SB 2221 by Parker (R-Flower Mound)/HB 5377 by Lambert (R-Abilene): Raises the penalty for filing a fraudulent financing statement to the greater of $10,000 (currently $5,000) or actual damages caused by the violation. Authorizes a debtor identified in a financing statement to file an affidavit stating the impermissibility of the statement. Directs the filing office to terminate the financing statement and notify the secured parties. Allows a secured part to bring an action against the debtor seeking a determination of whether the debtor was entitled to file the statement. Immunizes from liability the filing office and an employee of the filing office for the termination or amendment of a financing statement in the lawful performance of its duties. Prohibits a regulated lending institution from controverting a debtor’s affidavit. SB 2221 referred to Senate Business & Commerce on 3/25.

SB 2233 by Hinojosa (R-Brownsville): Requires an institution of higher education to suspend or kick out a student or employee with a nonimmigrant visa who publicly supports terrorist activity related to ongoing conflict. Further requires the institution to report a suspension, expulsion, or termination. Attorney general enforcement for a fine of up to 1% of the institution’s annual budget. Referred to Senate Education on 3/25.

SB 2277 by Miles (D-Houston): Prohibits a school district from retaliating against an employee who reports certain misconduct. Referred to Senate Education on 3/25.

SB 2340 by Schwertner (R-Georgetown)/HB 4716 by Hopper (R-Decatur)/HB 4852 by Oliverson (R-Cypress): Gives the attorney general authority to investigate the management of foreign entities. Requires a foreign entity to respond to an AG request for records within a certain period of time. Creates a criminal offense for withholding, destroying, altering, or falsifying a record. Imposes a fine of up $5,000 plus jail time. SB 2340 referred to Senate Business & Commerce on 3/25.

SB 2371 by Nichols (R-Jacksonville)/HB 4853 by Perez (D-Houston): Requires a service technician who discovers a skimmer in or on an electric terminal to notify the financial crimes intelligence center and the merchant. Requires the merchant to disable the terminal, notify law enforcement and the center, and take appropriate measures to protect the terminal from tampering until the skimmer is removed. Requires a merchant to cooperate with an investigation of a skimmer at the merchant’s place of business. Imposes a civil penalty of up to $5,000 per day for violations. Attorney general enforcement, with attorney’s fees and costs. Creates a criminal offense. Referred to Senate Criminal Justice on 3/25.

SB 2373 by Johnson (D-Dallas): Adds Chapter 100B, CPRC, to create a cause of action for damages resulting from a knowing violation of artificially generated media or a phishing communication for the purpose of financial exploitation. Entitles a prevailing claimant to actual damages (including mental anguish and the defendant’s profits) and court costs and attorney’s fees. Also imposes a civil penalty of up to $1,000 per day. Enforceable by the attorney general. Creates a criminal offense. SB 2372 referred to Senate Criminal Justice on 3/25.

SB 2396 by Huffman (R-Houston)/HB 3120 by Kitzman (R-Pattison): Requires residential child detention facilities to do criminal background checks on applicants, consultants, contractors, interns, and volunteers. Requires a facility to enter into an MOU with the county commissioners court imposing certain duties. Failure to conduct a background check renders the facility ineligible for state funding until the state conducts an audit. HB 3172 referred to Housee Land and Resource on 3/20. SB 2396 referred to Senate Local Government on 3/25.

SB 2489 by Parker (R-Flower Mound)/HB 4943 by Alders (R-Tyler): Allows a property owner in a city with a population of 900,000 or more to submit a claim for compensation from the city under certain circumstances. Authorizes a property owner to bring an action if the city rejects the claim. Bars a prevailing city from recovering attorney’s fees or costs but mandates recovery by a property owner.

SB 2567 by West (D-Dallas): Adds a DTPA violation for failure to disclose information regarding the use of AI or algorithmic pricing systems for setting a price.

SB 2574 by Middleton (R-Galveston): Creates a private cause of action against a governmental officer or employee who enforces the Blaine amendments (that would have prevented the use of public funds to support religious institutions) unless SCOTUS overrules two specified decisions. Further bars a governmental officer or employee from enforcing the Establishment Clause of the 1^st Amendment. Allows recovery of nominal or compensatory damages and attorney’s fees and costs. Makes a lawyer who brings an action to enforce the Blaine amendments jointly and severally liable.

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

SB 2653 by Hall (R-Edgewood): Prohibits fluoridation of water. Imposes a fine of $1,000. Enforceable by TCEQ.

SB 2881 by Hughes (R-Tyler): Requires a digital service provider to create access and communications controls for user accounts of known minor users.

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

SB 2946 by Hagenbuch (R-Denton): Prohibits an institution of higher education from including in a major or minor any course promoting differential treatment based on race. Authorizes a student to bring an action for injunctive relief.

SB 3003 by Paxton (R-McKinney): Makes it a criminal offense if a person sells or delivers an obscene device online to a minor or any person without implementing an age verification process at the point of sale.

SJR 51 by Paxton/SB 2905 (R-McKinney): Amends § 16, Art. I, Texas Constitution, to authorize the legislature to make retroactive laws as to a civil cause of action arising out of child sexual abuse. SB 2905 is the enabling legislation. It requires a claimant to bring an action revived by the statute not later than the second anniversary date of the effective date.

Tort Liability

HB 15 by Meyer (R-Dallas)/SB 29 by Hughes (R-Tyler): Defines a “national stock exchange” to include a Texas stock exchange approved by the securities commissioner. Attempts to limit judicial decisions or laws of other states affecting the statute. Provides that a decision by a corporate manager to disregard other state laws or judicial decisions does not constitute or imply a breach of the statute. Allows corporate documents to specify that Texas courts shall serve as the exclusive forum and venue for internal entity claims. Allows the governing documents of a domestic entity to contain an enforceable waiver of the right to a jury trial concerning any internal entity claim. Authorizes a corporation to petition a court to hold an evidentiary hearing to determine whether the directors appointed to the committee are independent and disinterested. Requires the court to hold a preliminary hearing within 10 days after notice to shareholders to determine appropriate legal counsel and to hold the substantive hearing promptly. Establishes a presumption that directors and officers act in good faith, on an informed basis, in furtherance of the interests of the corporation, and in obedience to the law. Provides that if a corporation has a class or series of voting shares listed on a national exchange (or has affirmatively elected to be governed by the presumption of good faith), neither the corporation nor its shareholders have a cause of action against a director or officer for breach of duty. Limits a cause of action for an act or omission of an officer or director to a claim that rebuts the elements of the presumption and proves that the actor omission constituted a breach of duty and the breach involved fraud, intentional misconduct, an ultra vires act, or a knowing violation of law. Provides that in a shareholder derivative action the corporation may petition the court to request a determination of whether the directors are independent or disinterested with respect to the allegations. Provides that the court’s determination is dispositive in the absence of the discovery of facts not presented in court that constitutes sufficient evidence to prove that a director is not independent and disinterested. HB 15 heard in House JCJ on 3/12. SB 28 referred to Senate State Affairs on 2/28.

SB 1399 by Perry (R-Lubbock)/HB 3156 by Darby (R-San Angelo)/HB 49 by Darby (R-San Angelo):

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

SB 1339 referred to Senate Natural Resources on 3/6. HB 49 heard in House Energy Resources on 3/24.

HB 170 by Guillen (R-Rio Grande City): Amends § 83.001, CRPC, to expand immunity for the justified use of force or deadly force to a “threat to use force or deadly force.” Entitles a defendant found to be immune to attorney’s fees, court costs, lost income, and other expenses. Heard in House JCJ on 3/17.

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

HB 349 by Flores (D-Austin): Amends Chapter 92A, CPRC, to apply the same liability standard for removal of a domestic animal from a locked motor vehicle as currently applies to the removal of a vulnerable individual. Reported from House JCJ on 3/24.

HB 644 by C. Bell (R-Magnolia)/SB 2620 by Creighton (R-Conroe): Grants immunity from liability to a person with control over the premises of a business who gives permission to a concealed carry license holder to carry a concealed firearm on the premises solely on the basis of the permission. Provides that the lack of an oral or written communication indicating that concealed firearms are prohibited on the premises constitutes permission to carry on the premises. HB 644 heard in House JCJ on 3/12.

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

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

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

HB 865 by Moody (D-El Paso)/HB 1217 by Goodwin (D-Austin)/SB 1326 by Johnson: Adds Subchapter C, Chapter 128, CPRC, to provide that a person does not have a cause of action against a federal firearms licensee operating lawfully in Texas for any act or omission arising from a firearm hold agreement that results in personal injury or death, including the return of a firearm to the owner b the licensee at the termination of the agreement. Provides that immunity does not apply to unlawful conduct or gross negligence of the licensee. HB 865 heard in House JCJ on 3/19. HB 1217 referred to House JCJ on 3/10.

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

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

HB 1110 by Shaheen (R-Plano): Adds Chapter 128A, CPRC, to bar a civil action against a person who reports suspicious activity to law enforcement if the person acted as a reasonable person would in the same or similar circumstances and with a reasonable belief that the suspicious activity constituted or was in furtherance of a crime, including an act of terrorism. Heard in House JCJ on 3/19.

HB 1130 by Isaac (R-Dripping Springs)/SB 847 by Campbell (R-San Antonio): Adds Chapter 75C, CPRC, to limit the liability of a cavern operator if the operator posts a prescribed warning at the cavern entrance. Does not limit liability for injury proximately caused by: (1) the operator’s negligence with regard to the safety of the cavern area of a cavern activity participant; (2) a potentially dangerous condition in the cavern area of which the operator has knowledge or should have knowledge; (3) negligent training of an employee actively involved in the cavern area or a cavern activity; or (4) the operator’s intentional conduct. SB 847 set for hearing on Senate State Affairs on 3/3. HB 1130 heard in House JCJ on 3/19.

HB 1196 by Manuel (D-Port Arthur): Requires that the operator of an all-terrain vehicle possess evidence of financial responsibility. Referred to House insurance on 3/7.

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

HB 1674 by Kerwin (R-Glen Rose)/SB 886 by Sparks (R-Midland): Creates a criminal offense for the sale, distribution, or application of sewage sludge containing certain levels of perfluoroalkyl and polyfluoroalkyl substances. SB 886 referred to Senate Water on 2/13. HB 1674 referred to House Environmental Reg on 3/12.

HB 1730 by Morales Shaw (D-Houston)/SB 768 by Menendez (D-San Antonio): Directs the University of Houston to conduct a study in collaboration with the RRC and TCEQ of the effects of perfluoroalkyl and polyfluoroalkyl on public health and report to the legislature by December 1, 2026. SB 768 referred to Senate Water on 2/7. HB 1730 referred to House Environmental Reg on 3/14.

HB 1808 by Landgraf (R-Odessa)/SB 1145 by Birdwell (R-Granbury)/HB 2584 by Landgraf (R-Odessa): Directs the RRC to adopt rules and orders and issue permits relating to the recycling and beneficial use of produced water associated with oil and gas operations, taking into account the need to protect public health and the environment. Amends § 26.131(d), Water Code, to require the RRC to provide assistance to an applicant for a permit for the discharge of produced water. SB 1145 and HB 2584 direct the TCEQ to issue permits and specifies permitting of land application of produced water. SB 1145 passed the Senate on 3/12. HB 1808 referred to House Energy Resources on 3/14. HB 2584 heard in in House Energy Resources on 3/24.

HB 1958 by Lopez (R-San Benito): Adds § 437.029, Health & Safety Code, to require food service establishments serving shrimp imported from outside the state (including shrimp caught in the Gulf of Mexico outside state-owned submerged lands) to provide notice to that effect on the menu. Referred to House Trade on 3/14.

HB 1990 by Guillen (R-Rio Grande City): Adds § 75.0065, Civil Practice & Remedies Code, immunizes an owner, lessee, or occupant of nonagricultural land from liability for any damage or injury to any person or property that arises from: (1) the actions or omissions of a peace officer or federal law enforcement officer when the officer enters or causes another person to enter the land with or without the permission of the owner, lessee or occupant’ (2) the actions or omissions of a fire fighter under the same circumstances; (3) the actions or omissions of a trespasser; (4) the actions or omissions of a third party who enters the land without express or implied permission and damages a fence or gate on the land; or (5) wildlife or an act of God. Extends immunity to the owner, lessee, or occupant of nonagricultural land from damage or injury because of the actions of omissions of a peace officer, federal law enforcement officer, fire fighter, trespasser, or third party who enters without express or implied permission and damages a fence or gate, as well as wildlife or an act of God. Does not confer immunity that arises from the owner’s, lessee’s, or occupant’s wilful or wanton act or gross negligence. Referred to House JCJ on 3/14.

HB 2093 by A. Martinez (D-Weslaco): Grants immunity from civil damages to the owner, employee, or agent of a food service establishment arising to the use of, attempted use of, or failure to use CPR unless the use, attempted use, or failure to use is intentional or wilfully or wantonly negligent. Does this bill impose liability for any intentional use of CPR by a restaurant employee? Referred to House Public Health on 3/14.

HB 2094 by Martinez (D-Weslaco): Requires food service establishments that prepares food items containing peanuts or a peanut product to conspicuously post a warning sign in the area where food is consumed or on the menu. Referred to House Public Health on 3/14.

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

HB 2343 by Leo-Wilson (R-Galveston): Prohibits a person, including a restaurant, from selling imported shrimp without a label that conspicuously states whether the product was originated in Texas (or identifying imported shrimp on a restaurant menu). Prohibits a school district from serving imported shrimp. Referred to House Trade on 3/14.

HB 2352 by Dutton (D-Houston): Adds Chapter 307, Business & Commerce Code, to prohibit a provider of wireless telephone services from knowingly providing services on a mobile device that the provider knows or has reason to believe is stolen. Requires the provider, on receipt of notice from an authorized customer that a mobile device has been stolen, to suspend or cease providing wireless service on the device. Requires a manufacturer of a mobile device to equip the device or allow the device to be equipped with technology that permits an authorized customer who reports the device stolen to render the device inoperable. Referred to House Trade on 3/14.

HB 2680 by Lozano (R-Beeville): Provides that a (maritime) pilot is not liable for the acts or omissions of another pilot or as a member of a pilot’s association relating directly or indirectly to pilot services. Limits the liability of a pilot for negligence to $1,000 in damages. Does not apply to a pilot’s gross negligence or wilful misconduct. Does not exempt the owner or operator of a vessel from liability on grounds that the vessel was piloted by a pilot or that the damages were caused by the pilot’s negligence. Requires a court to dismiss a claim against a pilot to the extent the claim alleges more than $1,000 in damages caused by the pilot’s negligence. Referred to House JCJ on 3/18.

HB 2790 by Darby (R-San Angelo): Adds Chapter 100B, CPRC, to bar a claimant from bringing an action against a defendant on the basis that captured carbon dioxide, stored carbon dioxide, or a process associated with capturing or storing carbon dioxide (1) is a pollutant, (2) constitutes a nuisance, including a public nuisance; or (3) has caused a nuisance-related injury. Bars a claimant from recovering noneconomic damages unless the claimant establishes actual damages and: (1) that the defendant concealed, withheld, or misrepresented information relevant to the permitting authority’s decision to grant the defendant a permit authorizing carbon capture-related activities; (2) the information relates safety or migration; (3) the permitting authority reasonably relied on the information and did not receive relevant accurate information from another source; (4) the information is of sufficient importance that a reasonable person with the permitting authority’s knowledge and experience would consider the information material to a decision to grant a permit; and (5) the permit was granted not more than five years before the date the carbon dioxide was injected, migrated, or escaped. Allows recovery of noneconomic damages if the claimant establishes that at the time of the event that caused the damage the defendant was not in compliance with a legal requirement governing an aspect of the defendant’s conduct, the requirement is intended to protect the person or property from the kind of damages that occurred, and the damage would not have occurred if the defendant was in compliance at the time of the event. Allows recovery of noneconomic damages if the claimant shows that the relevant aspect of the defendant’s conduct was not regulated, the defendant’s conduct was contrary to standard industry practice, the defendant chose not to follow standard practice solely for economic reasons, and the damage would not have occurred if the defendant followed the standard practice. Limits liability for interference with access to underground minerals and water due to storage of captured carbon dioxide to actual damages unless the defendant misrepresented relevant information in the permitting process, the agency relied on the information, the claimant did not know or receive notice of the proceeding in which the defendant received the permit, and the information is of sufficient importance that a reasonable person with the permitting authority’s knowledge and experience would consider the information material to a decision to grant a permit. Bars a claimant who receives compensation through a lease payment, royalty payment, or purchase of an easement that takes into consideration the possibility of impeded access or interference with production from recovering damages resulting from the impediment or interference. Limits damages for impeding access or interfering with production to the increased cost of access to minerals or water, the increased cost to produce the minerals and the water, the present value of the minerals or water that cannot with reasonable probability be produced because of the interference. Bars recovery of punitive damages unless the claimant proves entitlement to noneconomic damages and complies with Chapter 41’s requirements. Provides that the Act may not be construed to impair, amend, alter, negate, or otherwise affect any right, obligation, or other term of an agreement. Provides for voluntary waiver by agreement. Referred to House JCJ on 3/19.

HB 2805 by DeAyala (R-Houston): Provides that if a trial court finds by clear and convincing evidence that an administrative action and subsequent appeal against a groundwater conservation district were groundless and brought in bad faith, the district shall recover attorney’s fees and costs (current law allows a prevailing district to recover them, so the bill limits recovery). Entitles a groundwater owner to attorney’s fees and costs if the court finds by clear and convincing evidence that the district intentionally violated the owner’s rights. Referred to House Natural Resources on 3/19.

HB 2888 by Isaac (R-Dripping Springs): Adds § 72.101, CPRC, to prohibit an uninsured individual or individual driving without a license from recovering damages from another motor vehicle operator or the operator’s liability insurer that result from a collision involving the individual’s motor vehicle. Referred to House JCJ on 3/19.

HB 2916 by Leach (R-Plano): Establishes an affirmative defense to criminal or civil liability for the destruction, damaging, or disabling an unmanned aircraft if the aircraft was on property legally owned or occupied by the defendant, the defendant used a firearm, and the defendant was not otherwise prohibited from discharging the firearm. Referred to House JCJ on 3/19.

HB 3004 by Spiller (R-Jacksboro): Amends § 51.014(a), CPRC, to add to the list of interlocutory appeals a grant or denial of a motion for summary judgment or dismissal based on §752.008, Health & Safety Code, which prescribes liability for a statutory violation that results in physical or electrical contact with a high voltage overhead line. Adds § 752.0015 to define “responsible person” as one who: (1) performs the work, activity, or function; (2) employs, retains, or hires a person to perform work, including a contractor or subcontractor; or (3) is an employee, agent, contractor, subcontractor, or independent contractor involved in the work. Amends § 752.002 to change the definition of “authorized person” to apply to a person directly or indirectly employed, retained, or hired by an electric cooperative, electric utility, or municipality performing work at or near the entity’s electrical system, including a high power voltage overhead line. Adds § 752.003(e) to require each responsible person to comply with the 48-hour notice and agreement process prior to beginning work near a high voltage overhead line. Amends § 752.004 to expand a responsible person’s duties to include moving any part of an object within 10 feet of the line, regardless of whether the object or material was already within 10 feet of the line before the work began. Amends § 752.008 to specify that all responsible persons are jointly and severally liable to the owner or operator of the line for all liability, including all defense and indemnification costs, and are barred from recovery of damages in tort from the owner or operator for any injuries or damages associated with contact with the line. Referred to House JCJ on 3/20.

HB 3095 by Morgan (R-Richmond)/SB 2755 by Kolkhorst (R-Brenham): Adds Subchapter C, Chapter 72, CPRC, to prohibit recovery for bodily injury, death, or property damage or noneconomic damages resulting from a motor vehicle collision for which the individual failed to establish financial responsibility. Applies to a personal representative of the decedent in a wrongful death action. Exempts an individual who at the time of the collision failed to establish financial responsibility for a period of not more than 45 days and had continuously established financial responsibility for a year prior to that period. Does not apply to a passenger in the vehicle, a minor under age 18, or was an active-duty member of the armed forces who had returned from deployment less than six months earlier. Does not apply to a damages caused by an individual who at the time of the accident was driving under the influence, caused the collision intentionally, recklessly, or with gross negligence, improperly fled the scene, or was acting in furtherance of an offense or in immediate flight from a felony offense. Referred to House JCJ on 3/20.

HB 3402 by King (R-Canadian)/HB 145 by King (R-Canadian)/SB 2025 by Schwertner (R-Georgetown): Allows an electric utility to self-insure liability for wildfire and potential damages resulting from personal injury or property damages caused by wildfire. Does not permit self-insurance for intentional or reckless conduct or gross negligence. Immunizes an electric utility from damages resulting from a wildfire if the utility has filed and the PUC has approved a wildfire mitigation plan. Does not apply to reckless or intentional conduct or gross negligence. Provides an affirmative defense for material compliance with an approved plan. HB 145 heard in House State Affairs on 3/12. SB 2025 referred to Senate B&C on 3/17. HB 3402 referred to House State Affairs on 3/21.

HB 3453 by Bonnen (R-Friendswood): Provides that a single source continuum contractor or nonprofit entity providing foster care or adoption services is not liable for damages in excess of certain amounts for the negligence of a person who is an employee or volunteer of the entity or a caregiver or clinical professional providing services to the entity if the entity has conducted a timely criminal background check. Referred to House JCJ on 3/24.

HB 3738 by Shofner (R-Nacogdoches): Directs the Department of Agriculture to conduct an annual study to determine levels of PFAS in food served under the school lunch program. Referred to House Public Ed on 3/27.

HB 3740 by Shofner (R-Nacogdoches): Bars the use of a chemical or technique for weather modification and control unless approved by TDLR. Bars TDLR from approving a chemical or technique known to cause harm to human health. Referred to House Licensing on 3/27.

HB 3742 by Shofner (R-Nacogdoches): Bars an institution of higher education from providing instruction that promotes the use of a gender pronoun inconsistent with the person’s biological sex. Referred to Higher Education on 3/27.

HB 4101 by Hayes (R-Denton)/SB 2027 by Campbell (R-San Antonio): Provides that a funeral service provider is not liable to a claimant for mental anguish damages unless the claimant proves that the provider mishandled a body or remains, the mishandling would not have occurred if the provider had acted consistently with common practices of a reasonably prudent provider, the claimant experienced “grievous or debilitating angst, distress, torment, emotional suffering, or turmoil” that caused a substantially disruption to the claimant’s daily routine, and a reasonable person in the position of the provider would have foreseen that mishandling the body would do that. Limits mental anguish damages to three times the amount paid to the provider or $50,000, whichever is less. Provides that the statute does not create a cause of action or confer standing to bring an action against a provider or limit the claimant’s recovery in other actions. SB 2027 referred to Senate State Affairs on 3/17.

HB 4157 by Bonnen (R-Friendswood): Adds § 100A.005, CPRC, to allow parties, including contractors, subcontractors, or customers of a party to execute an enforceable reciprocal waiver of claims.

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

HB 4274 by Bonnen (R-Friendswood): Adds § 84.0068, CPRC, to provide non-profit single source continuum contractors or non-profit adoption or foster care entities from liability in excess of the § 84.006 caps if the entity has conducted a timely criminal background check, confirmed the person’s criminal history at least every five years, reported any known allegation against the person, taken appropriate administrative or personnel action in response to misconduct, and required sexual abuse and abuse and neglect reporting requirements training. Linits vicarious liability to an employee or volunteer of the entity or caregiver or clinical professional unless the claimant shows a lack of substantial compliance with the statute.

HB 5439 by Cain (R-Houston): Bars recovery by an intoxicated person under Chapter 2, Alcoholic Beverage Code, against a licensed provider arising from personal injury or death sustained as a result of their own intoxication. Does not affect liability of an adult that services alcohol to a minor.

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

SB 30 by Schwertner (R-Georgetown)/HB 4806 by Bonnen (R-Friendswood): Makes numerous changes to medical and noneconomic damages, as follows:

Amends § 18.001, CPRC, to eliminate the controverting affidavit and provide instead for a notice of intent to controvert the reasonableness and necessity of health care services;
Provides that if notice is provided, the plaintiff’s affidavit has no effect except as proof of the authenticity of the health care records;
Applies the existing timelines to a notice to controvert;
Adds § 18.0011 to prohibit a party from controverting the reasonableness of medical charges if the affidavit states as to each health care service: (1) the amounts received from all sources to the facility or provider to pay for the services; or (2) an amount not exceeding 150% the median amount paid by nongovernmental third-party payors for the same type of service during the same month as drawn from the Texas All Payor Claims Database for the same geozip;
Provides that if a health care facility provider states in the affidavit an intention not to testify, a party may not obtain discovery on reasonableness and necessity and the court must exclude trial testimony of the facility or provider, except for good cause, the testimony will not unfairly surprise or prejudice a party, and the party opposing admission is given a reasonable opportunity to conduct discovery;
Prohibits an affidavit from being used in another actions;
Amends § 41.001 to refine the definitions of “future damages” (must be “reasonably probable”) and “future loss of earnings” (reasonable probability);
Defines “mental or emotional pain or anguish” to mean “grievous and debilitating angst, distress, torment, or emotion suffering that causes a substantial disruption of the claimant’s daily routine and arises from loss of consortium, loss of companionship and society, loss of enjoyment of life, or a similar mental or emotional injury”;
Excludes economic or exemplary damages from the definition of “noneconomic damages”;
Defines “physical pain and suffering to mean “a painful or distressing sensation associated with an injury to a part of the body that is consciously felt, significant in magnitude, and arises from an observable injury or impairment or is shown to exist through objectively verifiable medical evaluation or testing”;
Adds Subchapter C, Chapter 41, CPRC, to govern recovery of health care expenses as economic damages in a personal injury or wrongful death action;
Caps economic damages for health care expenses to the sum of: (1) amounts paid by third-party payors to providers; (2) amounts paid by the injured individual or on the individual’s behalf by non-third-party payors without a formal or informal agreement for the provider to refund, rebate, or remit money to the payor, injured individual, claimant, or claimant’s attorney or anyone associated therewith; and (3) if (1) and (2) do not apply, 150% of the median amount paid by nongovernmental third-party payors to providers for the same type of services during the same month in which the services were provided;
Limits future damages for health care expenses to the reasonable value of necessary services with reference to the Texas All Claims Database for the month preceding the date trial commences;
Requires provider statements or invoices to comply with the clean claim requirements of Chapter 1301, Insurance Code (no award if the service does not have an industry-recognized billing code);
Provides that the failure of a claimant to use available health benefit coverage shall be considered a failure to mitigate damages;
Requires the claimant to disclose to each other party provider statements, any letter of protection, and any written agreement under which a provider may refund, rebate, or remit money to a payor, injured individual, claimant, claimant’s attorney, or a person associated therewith;
Requires the claimant to identify all providers and authorize other parties to obtain from each provider the injured individual’s medical records, any third-party payor that may have had a legal or contractual obligation to pay for health care services to the individual, any unwritten agreement to refund any money to the above persons; and, if the claimant was referred to a provider, the name and contact information of each person who made the referral and that person’s relation to the injured individual;
Requires disclosure, if the referring person is the claimant’s attorney, of referrals to that provider in the preceding year, each person on whose behalf a payment was made, and other aspects of any financial relationship between the attorney and the provider;
Makes admissible into evidence all of the injured individual’s health care expenses, evidence of health benefit plan coverage, treatment guidelines and formularies approved by the Worker’s Compensation Division relating to the necessity of services, and letters or protection and other financial relations between the claimant’s attorney and providers;
Requires an award of noneconomic damages to be based on evidence of nature, duration and severity and reflect a rational connection, grounded in evidence, between the injury suffered and dollar amount necessary to provide fair and reasonable compensation;
Prohibits an award from being used to punish or penalize a defendant, make an example to others, or serve a social good;
Requires the award to exclude amounts properly considered economic losses, such as lost earnings or medical expenses for emotional or psychological care;
Prohibits jury-anchoring and makes it reversible error;
Requires a court to give statutorily prescribed jury instructions;
Requires the trial court to state the legal and factual support for an award of noneconomic damages if a defendant requests remittur and the award exceeds: (1) $1 million for past and future mental or emotional pain or anguish in a wrongful death action; (2) for past and future damages for physical pain and suffering, the lesser of three times the award for past and future health care expenses or $100,000 per year for each year of the claimant’s life expectancy; $1 million for past and future mental or emotional pain or anguish in an action arising from an event primarily causing emotional injury to the claimant; or (4) $250,000 for past and future emotional pain or anguish in an action arising from an event primarily causing bodily injury;
Amends § 304.102, Finance Code, to limit prejudgment interest to awards for economic losses, calculated from the date the health care expenses were actually paid, or other economic losses were actually suffered by the claimant.

Referred to Senate State Affairs on 3/20.

HB 4815 by Gerdes (R-Smithville): Relieves the owner or operator of a source or facility belonging to a Standard Industrial Classification Code from civil, administrative, or criminal liability under Chapter 7, Water Code, for an emission caused by a third-party criminal act or omission.

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

HB 4961 by Gerdes (R-Smithville): Bars an individual from recovering noneconomic damages for injury or property damage from a motor vehicle collision for which the individual failed to establish financial responsibility. Bars recovery for wrongful death as well.

HB 5410 by Dean (R-Longview): Amends § 122.003(a), Natural Resources Code, to expand the liability protection for a recycler of fluid oil and gas waste to cover a person who produces the waste and supplies it to a treatment facility or who takes possession of the fluid and produces a treated product for a beneficial use of the treated product.

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

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

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

SB 920 by Sparks (R-Midland): Adds § 22.0521. Education Code, to grant immunity from civil liability or administrative disciplinary action to an open enrollment charter school or private school that adopts a policy governing the administrative of medication to students that complies with certain statutory requirements. Authorizes the school to allow a licensed physician or registered nurse who performs volunteer services and for whom the school provides liability insurance to administer nonprescription medication or medication prescribed by the student’s physician. Does not apply to gross negligence. Amends § 22.052, Education Code, to expand the existing parallel immunity for public schools to confer immunity from administrative disciplinary action as well as civil liability. Reported as subsituted from Senate Ed on 3/26.

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

SB 1057 by Parker (R-Flower Mound): Adds § 21.373, Business Organizations Code, to permit a domestic corporation to opt-in to a requirement that a shareholder or group of shareholders, to submit a matter for approval at a shareholders meeting, to hold no less than the lesser of: (1) $1 million in market value of the corporation’s securities; or (2) three percent of the corporation’s securities entitled to vote on the proposal. Further requires that the shareholder or shareholder group have continuously maintained that level of ownership for the six months prior to making the proposal to solicit the holders of shares representing at least 67% of the voting power of shares entitled to vote on the proposal. Heard in Senate Business & Commerce on 3/18.

SB 1119 by Hughes (R-Tyler)/HB 2613 by Harris Davila (R-Round Rock): Limits the liability of a water park if the park posts a prescribed warning of the liability limitation. Preserves liability for injury caused by the park’s negligence, premises liability, failure to train, or intentional acts. Reported favorably from Senate State Affairs on 3/17. HB 2613 referred to House JCJ on 3/18.

SB 1135 by Hagenbuch (R-Denton)/HB 4688 by Leach (R-Plano): Repeals §§ 72.054(c), (d), and (e), CPRC, which permit a plaintiff to introduce certain evidence in the first phase of a bifurcated trial to show negligent entrustment. Amends § 72.053(a) to expand the definition of “regulation or standard” to include a policy or procedure promulgated or adopted by the owner or operator of the motor vehicle. Amends § 72.053(b) to provide that evidence is only admissible in the first phase of a bifurcated trial if it is admissible under other law. Referred to Senate Transportation on 2/24.

SB 1146 by Birdwell (R-Granbury)/HB 3911 by Darby (R-San Angelo): Amends § 89.045, Natural Resources Code, to expand liability protection for plugging or replugging a well to include a private person who has paid money to the RRC to plug or replug a well under § 89.084. Adds § 89.049 to authorize an operator in good standing to contract with an RRC-approved well plugger to plug or replug an orphan well. Provides that an operator who enters into such a contract does not assume responsibility for the physical operation and control of the orphaned well (the well plugger does) and is not liable for damages that may result from acts or omissions in plugging or replugging the well. Provides that a person who pays money to the RRC or contracts with a well plugger does not admit responsibility for plugging or replugging the well and evidence of such payment or contract is not admissible in a suit in which a person’s obligation to plug or replug a well is an issue. Provides that introducing such evidence is grounds for a compulsory mistrial. SB 1146 reported as substituted from Senate Natural Resources on 3/24.

SB 1198 by Birdwell (R-Granbury): Amends § 424.001, Government Code, to add spaceports to the definition of “critical infrastructure” for purposes of civil and criminal liability. Passed Senate on 3/26.

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

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

SB 1626 by Hughes (R-Tyler)/HB 4087 by Hayes (R-Denton): Amends § 120.001(1), Business & Commerce Code, to add to the exclusions to the definition of “social media platform” direct messaging or other electronically conveyed mail and an online service, app, or website that primarily provides banking, financial, transportation, sales, or another service that is not a communication service.

SB 1730 by Hall (R-Edgewood): Provides that a claimant may not recover damages for personal injury or death resulting from a defendant’s act constituting the use of force or deadly force, if a grand jury does not indict the defendant, the court in a criminal proceeding orders a dismissal of criminal charges, or the defendant is acquitted of criminal charges. Makes the claimant liable for the defendants cost and attorney’s fees. Referred to Senate Criminal Justice on 3/13.

SB 2079 by Bettencourt (R-Houston)/HB 5074 by Hayes (R-Denton): Extends the statute of limitations arising out of a sexual offense against a child or disabled individual to 35 years (current law 30 years). Adds Chapter 81B, CPRC, to require a claimant in an action to recover damages for personal injury arising from a sexual offense against a child or disabled person that occurred while the injured person was under the care of the business or organization that was operating a safe environment program, and brought against the owner operator or employee of the business organization at the time of the offense who was not the perpetrator, to prove the claim by clear convincing evidence. Requires a person to bring the suit not later than 30 years after the cause of action accrued. Limits liability of the defendant to money damages in the maximum amount of $250,000 for each single claim and $1 million per claimant. Waives sovereign immunity to the extent of the liability limit.

SB 2299 by Johnson (D-Dallas): Requires a legislatively-approved resolution to permit a city to adopt or enforce an ordinance, rule, or other measure changing its governmental immunity. Referred to Senate Local Government on 3/25.

SB 2806 by Hagenbuch (R-Denton): Adds Subchapter C, Chapter 72, CPRC, to prohibit recovery of noneconomic damages by a claimant in a personal injury or wrongful death suit if the person fails to establish financial responsibility, was driving under the influence of alcohol or a controlled substance, was driving an unregistered motor vehicle, or was injured during the commission of a felony offense for which the person was convicted. Does not apply to noneconomic damages caused by an individual who at the time of the individual was DUI or caused the collision recklessly, intentionally, or with gross negligence.

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

SB 2823 by Bettencourt (R-Houston)/HB 3353 by DeAyala (R-Houston): Amends § 97/002, CPRC, to expand immunity from civil liability for highway contractors in material compliance with contract documents to include design, installation, or maintenance of both the highway, road, or street, or “any devices or systems intended for public safety or traffic management installed thereon . . . for any state, regional, county, or local government entity or department thereof.” HB 3353 referred House JCJ on 3/21.

Construction Law

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

HB 1069 by Turner (D-Arlington): Adds Subchapter L, Chapter 301, Labor Code, to require a contractor to “properly classify each individual providing construction services as either an employee or an independent contractor in accordance with” TWC rules. Provides that an individual may not be considered an employee solely on the basis the individual must submit to a criminal background check or preemployment drug screening or possess a certain license or certification relating to the work the individual will perform. Provides that the contractor is not required to report an individual as an employee if the contractor shows that the individual is an independent contractor, provides a 1099 or equivalent form, and files the form with the IRS. Exempts governmental entities and religious organizations. Establishes a complaint procedure. Imposes administrative penalties on contractors for misclassifying employees. Requires TWC to report violations to a government entity that the commission reasonably believes has received construction services provided by the contractor. Requires TWC to compile an annual report detailing violations. Referred to House Trade on 3/7.

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

HB 1139 by Oliverson (R-Cypress)/SB 1975 by Bettencourt (R-Houston): Adds § 15.021, CPRC, to provide that a venue provision in a contract for an improvement to real property that requires an action involving a contractor, subcontractor, or materialman who is a Texas resident to be brought outside the state is void as a matter of public policy. Provides that if a venue provision is void and the parties do not stipulate as to venue after a dispute arises, an action arising out of the contract shall be brought in the county in which the defendant resides, the cause of action accrued, or the property that is the subject of the litigation is located. Referred to House JCJ on 3/7. SB 1975 referred to Senate Jurisprudence on 3/17.

HB 1922 by Dean (R-Kilgore): Adds § 2272.010, Government Code, to provide that a cause of action by a governmental entity against a contractor for an alleged construction defect in a public work or building accrues when the report required by § 2272.003 as a prerequisite to the action is postmarked. Does not alter the accrual date of the cause of action for purposes of insurance coverage or the statute of limitations or repose. Referred to House JCJ on 3/14.

HB 2021 by Barry (R-Pearland): Amends § 2272.001, Government Code, to add a definition of “critical infrastructure facility” (matches existing definition). Adds § 2272.002(b) to exclude from the applicability of the chapter a claim for “damages arising from damage to or loss of real or personal property caused by an alleged construction defect in an improvement to real property that is a private construction contract exceeding $10 million, as well as indemnity or contribution for such damages, asserted by a private owner with an interest in the contract and asserted against a contractor, subcontractor, supplier, or design professional. Renumbers existing § 2272.002(b) as .002(c) and amends the subsection to exclude from Chapter 2272 a critical infrastructure facility. Amends § 2272.003 to add private owners to the existing requirement that a governmental entity must provide each party to a construction contract a written report identifying the construction defect. Amends § 2272.004 to add a party to a private construction contract exceeding $10 million to the right of inspection and cure. Amends § 2272.006 (dismissal of construction defect claim for failure to comply with report and inspect and cure requirements) to add a non-compliant private party. Amends § 2272.007 to add a private party to the report reimbursement requirement. Referred to House JCJ on 3/14.

HB 2186 by Hernandez (D-Houston): Prohibits a contractor from contracting with an unregistered elevator mechanic or apprentice. Prohibits an elevator mechanic or apprentice from providing services without registering. Referred to House Licensing on 3/14.

HB 2203 by Baumgarner (R-Flower Mound)/SB 687 by Hughes (R-Tyler): Amends § 130.001, CPRC, to add land surveyors to the definition of “construction contract.” Amends § 130.002 to include land surveyors in the anti-indemnity provision that applies to licensed architects and engineers. Amends § 130.0021 to add land surveyors to the standard of care provision for licensed architects and engineers. Makes a conforming change to §§ 130.004(b) and 130.005 to include land surveyors. Makes parallel changes to § 271.904, Local Government Code. SB 687 heard in Senate State Affairs on 2/24. HB 2203 referred to House JCJ on 3/14.

HB 2483 by Curry (R-Waco): Adds § 60.002, Business & Commerce Code, to require a contractor to deposit and hold any retainage provided for in the contract in an escrow account and to make the money in the account available to to satisy the contractor’s obligation to the subcontractor. Referred to House Trade on 3/17.

HB 2484 by Curry (R-Waco): Adds Chapter 60, Business & Commerce Code, to require that, if a construction contract or an agreement collateral to or affecting a construction contract contains a provision for retainage, the contractor must deposit and hold any retainage in an escrow account. Referred to House Trade on 3/17.

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

HB 3223 by Leach (R-Plano): Amends § 16.008 (a) and (c), CPRC, to reduce the statute of limitations for claims against a registered or licensed architect, engineer, interior designer, or landscape architect from 10 years to 8 years. Reduces the extension of the limitations period that applies to a claimant who presents a written claim for damages within the limitations period from two years to one year. Amends § 16.009 to make the same reductions for a construction defect suit for damages against a contractor. These changes parallel the limitations periods for suits by governmental entities under current law (8 years). Referred to House JCJ on 3/20.

HB 4016 by Anchia (D-Dallas)/SB 2292 by Miles (D-Houston): Prohibits electric resistance heating in residential buildings with a dwelling area greater than 500 square feet.SB 2292 referred to Senate Business & Commerce on 3/25.

SB 1530 by Hinojosa (D-McAllen)/HB 3290 by Bell (R-Forney): Amends § 53.101, Property Code, to require the owner to reserve retainage funds for a period ending the earlier of the 31^st day after completion of the work, or the 61^st day after the date a certificate of occupancy is issued for the improvement or the improvement is first used for its intended purpose. Referred to Senate B&C on 3/6. Referred to House Trade on 3/20.

HB 3287 by Bell (R-Forney)/SB 1612 by Johnson (D-Dallas): Adds § 162.001(a-1), Property Code, to provide that funds reserved under § 53.101 (10% retainage) are trust funds, except for funds reserved for the construction or repair of new or existing single-family houses, duplexes, triplexes, or quadruplexes used for residential purposes. Directs a court to award attorney’s fees and costs to a beneficiary who prevails in an action brough against a trustee under Chapter 162. SB 1612 referred to Senate B&C on 3/10. HB 3287 referred to House Trade on 3/20.

HB 3288 by Bell (R-Forney)/SB 1615 by Johnson (D-Dallas): Adds § 163.031(a-1), Property Code, to provide that a trustee who retains or diverts funds due to a dispute, including an alleged default, arising under a construction contract, other than the contract in connection with which the trust funds were received, has misapplied the trust funds. SB 1615 referred to Senate B&C on 3/10. HB 3288 referred to House Trade on 3/20.

HB 3289 by Bell (R-Forney)/SB 1614 by Johnson (D-Dallas): Adds § 28.003, Property Code, to provide that a good faith dispute does not include a dispute relating to a contract, work order, contractual arrangement, or any other agreement between the parties that is not related to the construction contract under which payment is requested or required. SB 1614 referred to Senate B&C on 3/10. HB 3289 referred to House Trade on 3/17.

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

HB 3712 by Guillen (R-Rio Grande City)/SB 2131 by Hinojosa (D-McAllen): Prohibits an owner, contractor, or subcontractor from reserving funds for specially fabricated material that has been delivered by a subcontractor and accepted by the owner, contractor, or sub at the site or off-site, and is covered by a manufacturer’s warranty under a contract with an owner, contractor, or subcontractor. SB 2131 referred to Senate Business & Commerce on 3/24. HB 3712 referred to House Trade on 3/27.

HB 3847 by Canales (D-Edinburg): Adds Chapter 28, CPRC, to establish pleading requirements for commercial construction defect claims. Allows a defendant to move to dismiss a claim for failure to comply with the pleading requirements (which abates discovery timelines). Gives the claimant seven days to replead the claim. Requires the court to hear the defendant’s motion not later than 30 days after the motion is served, unless extended for good cause (filing an insufficient pleading to toll limitations is not good cause). Authorizes the court to award attorney’s fees and costs to a prevailing party in a motion to dismiss. Referred to House JCJ on 3/26.

SB 776 by Hughes (R-Tyler)/HB 2463 by Leach (R-Plano): Bars a construction contract between a governmental entity and a contractor from prohibiting the award of compensatory damages to the contractor for a delay caused solely by the governmental entity or by a party for which the entity is responsible. Defines “compensatory damages” as special damages, consequential damages, home office overhead, profit or markup on indirect costs, cost of performing additional work separately agreed upon by the entity and contractor, or indirect costs not related to the project. Does not prohibit a provision in the contract requiring the contractor to meet certain conditions for the recovery of compensatory damages, including notice, justification, or a duty to mitigate or for proving actual cost or schedule impact of a delay. Prohibits waiver. Does not apply to services related to recovery or relief from a natural disaster involving the repair or renovation of a residence or various types of TxDOT contracts enumerated in § 201.112, Transportation Code. Referred to Senate Business & Commerce on 2/7. HB 2463 referred to House State Affairs on 3/17.

SB 841 by Hughes (R-Tyler)/HB 2226 by Harless (R-Spring): Adds § 162.0031, Property Code, to allow a beneficiary of trust funds paid or received in connection with an improvement of real property to be assigned if: (1) the assignment is in writing not earlier than the date the assignee has paid the beneficiary in good and suficient funds for the assignment; (2) the assignment is not made part of the construction contract; and (3) the assignee is a beneficiary, traustee, or property owner under the construction contract. SB 841 referred to Senate Business & Commerce on 2/13. HB 2226 referred to House Trade on 3/14.

Freedom to Contract

HB 34 by Metcalf (R-Conroe): Bars the investment of state money in a country of concern or scrutinized country. Referred to House Homeland on 3/14.

HB 191 by Spiller (R-Jacksboro)/HB 1566 by Patterson (R-Frisco)/HB 2752 by Vasut (R-Angleton)/SB 307 by Kolkhorst (R-Brenham): Prohibits a governmental entity of a country designated by the Director of National Intelligence as posing a risk to national security in each of the three most recent threat assessments from buying or acquiring title to real property in Texas. Further bars an organization headquartered in a designated country, directly or indirectly under the control of the government of a designated country, or under the control of an organization controlled by a designated country from acquiring real property in Texas. Gives the attorney general enforcement authority in a district court of a county in which the property is located. Provides for the appointment of a receiver to sell property acquired in violation of the statute. SB 307 referred to Senate State Affairs on 2/3. HB 191 referred to House Homeland, Public Security, and Veterans Affairs on 2/27. HB 1566 referred to House Homeland on 3/12. HB 2752 referred to House Homeland on 3/19.

HB 224 by Rosenthal (D-Houston)/HB 4177 by Reynolds (D-Missouri City): Repeals Chapter 2271, Government Code, which prohibits a governmental entity from contracting with a company that boycotts Israel. Repeals Chapter 2274, Government Code, which bars a governmental entity from contracting with a company that boycotts an energy company and requires the state to divest investments from such companies. Referred to House State Affairs on 2/27.

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

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

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

HB 748 by Leach (R-Plano)/ HB 1974 by Cook (R-Mansfield)/HB 2411 by Little (The Colony)/SB 1587 by Hancock (R-North Richland Hills): Adds Chapter 129C, CPRC, to void nondisclosure agreements or any other agreement that prohibits or restricts a party’s ability to notify the appropriate law enforcement personnel or any federal or state regulatory agency of an act of sexual abuse committed against a child. Further prohibits an agreement that prohibits a party from informing another person of the circumstances of the abuse, including the identity of the perpetrator. HB 748 reported as substituted from House JCJ on 3/24. SB 1587 referred to Senate State Affairs on 3/10. HB 2411 referred to House JCJ on 3/17.

HB 1623 by Louderback (R-Victoria): Prohibits a governmental entity of a country designated by the Director of National Intelligence as posing a risk to national security in each of the three most recent threat assessments from buying or acquiring title to real property in Texas. Furthers bars an organization headquartered in a designated country, directly or indirectly under the control of the government of a designated country, under the control of an organization controlled by a designated country, or a citizen of a designated country from receiving an economic development incentive under Chapter 403, Government Code. Referred to House Ways and Means on 3/12.

HB 1849 by Hefner (R-Mt. Pleasant)/HB 2536 by Leach (R-Plano)/HB 17 by Hefner (R-Mt. Pleasant): Prohibits the Russian, Iranian, North Korean, or Chinese governments, private entities owned or controlled by those governments or individual citizens of those nations, or individual citizens of those nations from acquiring title to real property in Texas. Authorizes the governor to designate other foreign governments, entities, or individuals that are barred from acquiring title to real property in Texas. Does not apply to U.S. citizens or lawful permanent residents of the U.S., citizens of foreign countries not domiciled in a designated country, entities owned or controlled by those individuals, or leasehold interests in land or improvements on the leasehold. Authorizes the attorney general to investigate violations and bring enforcement actions in the district court in the county in which the real property is located. Establishes a divestiture and receivership process. Creates a criminal offense for intentional or knowing violations. Establishes a criminal fine for a violation equal to the greater of $250,000 or 50% of the market value of the property. HB 17 referred to House Homeland on 3/14. HB 1849 referred to House Homeland on 3/14. HB 2356 referred to House Homeland on 3/17.

HB 1907 by Paul (R-Webster)/HB 2403 by Leo-Wilson (R-Galveston)/HB 2409 by Cain (R-Houston)/SB 1847 by Hughes (R-Tyler)/HB 4900 by Curry (R-Waco): Prohibits a governmental entity from entering into a contract relating to information or communication technology or services with a “scrutinized” company, defined as an entity with direct or indirect connections with China, unless the governor approves. Requires vendors to verify and certify that they are not scrutinized companies. Imposes a civil penalty for a false verification of twice the amount of the contract or the loss to the state. Enforceable by the attorney general. Also makes a violation a state jail felony. Senate version applies to any foreign adversary designated by the governor, includes transportation infrastructure systems, and bars a governmental entity from using a remote sensing technology or transportation infrastructure system purchased or leased from a foreign adversary. HB 1907 referred to House State Affairs on 3/14. HB 2403 referred to House State Affairs on 3/17. HB 2409 referred to House State Affairs on 3/17.

HB 2034 by Gerdes (R-Smithville): Prohibits an underground water district from granting a permit to designated countries or individuals or entities controlled by designated countries. Referred to House Homeland on 3/14.

HB 2244 by Cain (R-Houston): Bars a state agency from buying electric cars or components from an organization connected to a scrutinized country or any organization that subcontracts for a car or any components (including mined material) from a scrutinized country. Attorney general enforcement against the entity for a civil penalty of $250,000 per violation, restraint of the entity from doing business, and attorney’s fees and costs. Referred to House State Affairs on 3/14.

HB 2334 by Hinojosa (D-Austin): Bars an investment firm from entering into an executory contract to purchase a single-family home that is listed for sale before the 30^th day after the date the home is listed. Makes a contract entered into before that date voidable by the seller. Referred to House Trade on 3/14.

HB 2527 by King (R-Canadian): Prohibits a registered lobbyist from representing a governmental entity, organization, or individual headquartered, under the control of, or domiciled in a designated country. Creates a criminal offense. Referred to House Homeland on 3/17.

HB 2595 by Cain (R-Houston): Prohibits a school district or institution of higher education from conducting any exchange programs or entering into contracts with China, Iran, North Korea, Russia, or any entity or individual associated with them. Imposes a civil penalty of $50,000 for violations. Enforceable by the attorney general. Creates a first degree felony offense. Waives sovereign immunity. Referred to House Homeland on 3/17.

HB 2628 by Leo-Wilson (R-Galveston): Prohibits a foreign organization or foreign government from purchasing or acquiring title to real property. Requires divestment of foreign-owned property by March 1, 2026. Referred to House State Affairs on 3/18.

HB 2912 by Cain (R-Houston)/SB 1845 by Hughes (R-Tyler)/HB 119 by Gerdes (R-Smithville): Prohibits a lobbyist from engaging in lobbying activities on behalf of a foreign adversary or entity owned or controlled by a foreign adversary (defined as Russia, China, North Korea, Cuba, Syria, Venezuela). Enforcement by the attorney general for injunctive relief and a civil penalty of up to $50,000 per violation, costs, and attorney’s fees. Senate version applies to any foreign adversary and authorizes a $10,000 civil penalty. HB 119 referred to House Homeland on 3/14. SB 1845 referred to Senate State Affairs on 3/13.

HB 2968 by Talarico (D-Austin): Requires corporate owners of residential housing offered or used as rental property to register with the Secretary of State. Imposes a civil penalty of $500 per day for violations. Enforceable by the attorney general. Referred to House Trade on 3/20.

HB 4067 by C. Morales (D-Houston): Prohibits a person from entering into a covenant not to complete with an employee, except under a bona fide sale of a business entity, the person’s ownership interest in an entity, or all or substantially all of a business entity’s operating assets.

HB 4079 by Leach (R-Plano)/SB 2337 by Hughes (R-Tyler): Requires a proxy advisor to provide services solely in the best financial interest of shareholders based on quantitative, impartial standards. Bars services based on non-financial factors, including ESG and DEI factors. Requires certain disclosures and warnings by proxy advisors. Prohibits a proxy advisor from making conflicting recommendations to different shareholders on the same proxy or company proposal. Authorizes a Chapter 37 dec action to determine whether a proxy advisor violated the statute. SB 2337 referred to Senate State Affairs on 3/25.

HB 4169 by Campos (D-San Antonio): Makes a pre-estimate fire remediation contract generally unenforceable. Requires fire remediation contracts to be in writing, state the estimate cost, state that the consumer is not required to sign the contract, and state that the consumer is only requires to pay the estimated amount. Subjects violations to the DTPA.

HB 4195 by Leo-Wilson (R-Galveston): Requires school districts to disclose to the SBOE any contract with or gift or donation from a foreign adversary. Imposes an administrative penalty of !00 percent of the value of the contract, gift, or donation.

HB 4205 by Harless (R-Spring)/SB 2957 by Parker (R-Flower Mound): Prohibits “unfair” service agreements for the maintenance or purchase or sale of residential real estate under certain circumstances. Creates a DTPA violation. Prohibits a person from filing for recording an unfair service agreement. Creates a criminal offense for illegal filing, as well as a cause of action for actual damages, attorney’s fees, and costs.

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

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

HB 4215 by Hunter (R-Corpus Christi)/SB 2154 by Schwertner (R-Georgetown): Regulates delivery network companies. Requires a company to implement an intoxicating substance policy prohibiting a delivery person on duty from any kind of intoxication. Requires certain minimum qualifications for delivery persons. Requires a company to adopt a policy prohibiting a delivery person from discriminating against a customer. Provides for suspension or revocation of the company license for violations. SB 2154 referred to Senate Business & Commerce on 3/24.

HB 4296 by Shaheen (R-Plano): Bars the governments or other entities of China, North Korea, Syria, Russia, and Iran from owning real property in Texas.

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

HB 4516 by Guillen (R-Rio Grande City): Prohibits the use of Chinese technology to collect, process, transfer, or store the biometric, genetic, or medical data of a Texas resident. Creates a criminal offense. Attorney general enforcement for injunctive relief. Does not create a private cause of action.

HB 4597 by Cain (R-Houston)/HB 4606 by Leo-Wilson (R-Galveston): Prohibits a foreign adversary or entity or individual controlled by a foreign adversary from acquiring agricultural land or real property containing critical infrastructure or located within 25 miles of critical infrastructure. Requires divestiture. Attorney general enforcement. Authorizes the attorney general to acquire the property by eminent domain if approved by a legislative committee. Creates a second degree felony offense.

HB 4617 by Lozano (R-Kingsville): Requires a seller of unimproved property to disclose whether the property is in a flood plain.

HB 4917 by Canales (D-Edinburg): Requires a seller’s disclosure to include information about flooding and other water damage with respect to residential property.

HB 5425 by Morales (D-Houston): Voids an NDA that prohibits an individual from disclosing or discussing contact that the individual reasonably believes is a violation of state or federal law. Prohibits employer retaliation. Creates a cause of action by the employee against the employer for the greater of actual damages or $10,000, costs and attorney’s fees.

SB 103 by Hall (R-Edgewood)/HB 2389 by Kerwin (R-Glen Rose): Prohibits China, Russia, Iran, and North Korea and any businesses directly or indirectly owned by their governments or individual citizens of those countries from acquiring title to real property in Texas. Further prohibits a public entity from contracting with those parties. Referred to Senate State Affairs on 2/3. HB 2389 referred to House Homeland on 3/14.

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

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

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

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

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

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

SB 1067 by Middleton (R-Galveston): Bars an institution of higher education or an employee of an institution of higher education from accepting a grant from any individual or entity associated with a designated country. Heard in Senate Education K-16 on 3/20.

SB 1318 by Schwertner (R-Georgetown)/HB 4504 by Bonnen (R-Friendswood): Amends § 15.50, Business & Commerce Code, to limit the amount of a buyout of a physician’s covenant not to compete to an amount not greater than the physician’s total annual salary and wages at the time of the termination of the contract or employment. Limits the term of the covenant to one year and the scope to a five-mile radius. Adds § 15.501, Business & Commerce Code, to establish parallel requirements for a covenant not to compete with a licensed dentist.

SB 1585 by Hughes (R-Tyler)/HB 129 by McQueeney (R-Fort Worth): Bars a scrutinized company from submitting a bid for a contract or enter into a contract with a governmental entity relating to an information or communications technology or service, except under limited circumstances if approved by the governor. Requires a vendor of such a technology or service to certify that it is not a scrutinized company, will not contract with one, and will not procure products or services originating with one. Authorizes the governor to designate a country s a foreign adversary. Imposes a civil penalty for violations in amount equal to the greater of twice the amount of the contract or the amount of loss suffered by the state from terminating the unlawful contract. Attorney general enforcement with costs and attorney’s fees. Also imposes a criminal offense (state jail felony). House version makes a vendor liable for a civil penalty of twice the amount of the contract or $250,000. HB 129 referred to House Homeland on 3/14. SB 1585 reported as substituted from Senate State Affairs on 3/26.

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

SB 1912 by Eckhardt (D-Austin): Repeals Chapter 809 (state contracts with entities that boycott energy companies) and 2276 (local government contracts with entities that boycott energy companies), Government Code. Referred to Senate Natural Resources on 3/17.

SB 2821 by Bettencourt (R-Houston): Prohibits a public school or higher ed institution from contracting with or soliciting or accepting a gift from a foreign adversary or an entity or individual controlled by a foreign adversary. Imposes civil penalties of the greater of $50,000 $100,000 for subsequent violation)+ or the value of the contract for a first violation. Attorney general enforcement.

Health Care Liability

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

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

HB 742 by S. Thompson (D-Houston): Prohibits a hospital or freestanding emergency medical care facility from retaliating or discriminating against an employee who in good faith reports a suspected act of human trafficking. Heard in House Public Health on 3/20.

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

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

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

HB 975 by Harrison (R-Midlothian)/HB 984 by Bettencourt (R-Houston): Creates a cause of action against a manufacturer of an individualized investigational treatment if the manufacturer does not comply in good faith with the informed consent and other requirements for providing such treatments in an eligible health care facility. Referred to House Public Health on 3/6.

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

HB 997 by Shaheen (R-Plano)/SB 471 by Sparks (R-Midland): Requires a telemedicine or telehealth provider licensed or certified in another state to register with the appropriate Texas licensing agency. Requires the provider to comply with the laws of Texas, maintain liability insurance as required by Texas law, consent to the jurisdiction of state courts, and be subject to disciplinary action by the appropriate Texas licensing agency. SB 471 referred to Senate State Affairs on 2/3. HB 997 heard in House Subcommittee on Disease, Women’s health on 3/20.

HB 1199 by Manuel (D-Port Arthur)/HB 4250 by Reynolds (D-Missouri City): 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. Referred to House Human Services on 3/7. HB 4250 also includes multiunit residential facilities and imposes a $5,000 per violation civil penalty on noncompliant landlords. Enforceable by the attorney general, with costs and attorney’s fees. Set for hearing in House Human Services on 4/1.

HB 1365 by A. Hernandez (D-Houston)/SB 168 by Menendez (D-San Antonio): Bars a mental health professional, in the course of providing services to a child, from attempting to change the child’s sexual orientation or gender expression or identity or to reduce the child’s attraction to a member of the same sex. SB 168 referred to Senate Health and Human on 2/3. HB 1365 referred to House Public Health on 3/11.

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. Referred to House Human Services on 3/11.

HB 1559 by A. Hernandez (D-Houston): Establishes informed consent requirements and a judicial process for the treatment of foster children for intersex traits. Referred to House Public Health on 3/12.

HB 1612 by Frank (R-Wichita Falls): Requires a hospital to accept direct payment for services from a patient who is not an enrollee in a health insurance program. Limits the amount the hospital can charge to the patient to not more than 25% of the lowest contracted rate from an insurer, except for Medicaid, Medicare, and CHIP. Referred to House Public Health on 3/12.

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

HB 1652 by Schatzline (R-Fort Worth): Gives a parent or legal guardian absolute authority to elect or decline cancer treatment for the parent or guardian’s child younger than age 18. Prohibits an insurer, governmental entity, or health care provider from penalizing a parent or guardian’s election. Referred to House Subcommittee on Disease on 3/12.

HB 1685/HB 2038 by Oliverson (R-Cypress)/SB 881 by Sparks (R-Midland): Establishes a limited license to practice medicine for a physician graduate who works under the supervision of a sponsoring physician. Makes the sponsoring physician liable for the physician graduate’s malpractice. SB 881 referred to Senate Health & Human Services on 2/13. HB 1685 referred to House Public Health on 3/12. HB 2038 referred to House Public Health on 3/14.

HB 1771 by Schoolcraft (R-Universal City): Prohibits a pharmacist from substituting his personal judgment for the prescribing physician’s medical judgment, including if a prescription is being made for an off-label use. Referred to House Public Health on 3/14.

HB 1791 by Bucy (R-Austin): Amends §§ 481.0736 and .0737, Health & Safety Code, to require a prescriber who prescribes an opioid for acute pain to also prescribe an opioid antagonist. Directs the prescriber to consider referring or prescribing other pain management services when issuing an opioid prescription. Provides for rulemaking and enforcement. Referred to House Public Health on 3/14.

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

HB 1984 by McQueeney (R-Fort Worth): Adds § 22.042, Penal Code, to impose criminal liability (a third degree felony) on a person who knowingly misrepresents the medical history of a child, elderly individual, or disabled individual to a health care institution or provider with the intent to obtain unnecessary medical treatment, and the unnecessary treatment results in bodily injury or mental injury. Referred to House Criminal Jurisprudence on 3/14.

HB 2035 by Oliverson (R-Cypress): Requires a chemical dependency treatment facility that refuses to admit a minor for voluntary treatment to provide notice to the parent or guardian requesting admission of their right to seek treatment at another facility. Referred to House Public Health on 3/14.

HB 2072 by Hull (R-Houston): Adds § 74.252, Civil Practice and Remedies Code, to eliminate the statute of limitations for an action arising from withholding or withdrawing life-sustaining treatment in violation of an advanced directive under Chapter 166, Health & Safety Code. Adds § 72.304 to exclude actions arising from withholding or withdrawing life-sustaining treatment in violation of an advanced directive from the caps on noneconomic damages. Adds § 166.048(c) and (d), Health & Safety Code, to make it a first-degree felony for a person to withhold or withdraw life-sustaining treatment contrary to an advanced directive or the wishes of the patient or an authorized representative of the patient and in violation of § 166.045(c) (refusal to comply with a directive and transfer to another provider who will) or § 166.046 (procedure for incompetent patients). Referred to House Public Health on 3/14.

HB 2159 by Gamez (D-Brownsville): Authorizes an unmarried minor who is the parent of a child and in actual custody of the child to consent to medical, dental, psychological, or surgical treatment by a licensed physician or dentist. Referred to House Subcommittee on Family on 3/14.

HB 2187 by Howard (D-Austin)/SB 2356 by Perry (R-Lubbock): Adds § 257.006, Health & Safety Code, to prohibit a hospital from retaliating against a nurse who provides information to a nurse staffing committee or reports violations to hospital management or HHSC. Directs HHSC to develop and maintain a website portal by which nurses may report staffing violations, to investigate complaints, and to take appropriate corrective actions. Authorizes HHSC to impose administrative penalties on a hospitals that knowingly submit false information to DHS or that violate staffing or mandatory overtime requirements. Authorizes nurses to pursue remedies provided by § 161.134 (reinstatement and compensation for lost wages). Authorizes attorney general enforcement to collect penalties. Set for hearing in House Public Health on 3/24. SB 2356 referred to Senate HHS on 3/25.

HB 2218/HB 2224 by A. Hernandez (D-Houston): Requires nursing facilities, assisted living facilities, and senior independent living communities with elevators to install an operational emergency generator or comparable emergency power source and a sufficient amount of fuel to operate the generator or power source for 48 hours. Imposes a civil penalty of $500 per violation. Attorney general enforcement. Referred to House Human Services on 3/14.

HB 2264 by Schoolcraft (R-Universal City): Requires a health care professional responsible for discharging a patient from inpatient care for mental health, behavioral health, or substance abuse treatment to provide specified information to any health care professional who has treated the patient or to whom the patient is referred within 24 hours. Referred to House Public Health on 3/14.

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

HB 2374 by Campos (D-San Antonio): Imposes significant new duties on long-term care facilities pertaining to the prevention and control of infectious diseases, including implementing a prevention and control program, designating a quality assurance committee, designating a primary and secondary infection preventionist with prescribed background, education, and training, and notification and mitigation requirements upon the outbreak of a communicable disease. Authorizes HHSC to impose unlimited administrative penalties on non-compliant facilities. Referred to House Human Services on 3/14.

HB 2375 by Campos (D-San Antonio): Requires certification of a nursing facility for purposes of providing Alzheimer’s care. Mandates development of a state certification plan by HHSC to be phased in over the next decade. Referred to House Human Services on 3/14.

HB 2376 by Campos (D-San Antonio): Prohibits a facility from providing personal care services to patients with Alzheimer’s or similar disorders without being classified by HHSC. Referred to House Human Services on 3/14.

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

HB 2586 by Rodriguez Ramos (D-Dallas): Establishes minimum standards for pregnancy resource centers. Authorizes appropriate state agency to take disciplinary action for violations. Referred to House Public Health on 3/17.

HB 2631 by Harris Davila (R-Round Rock): Prohibits a health care provider from charging a facility fee for telehealth services or telemedicine medical services. Authorizes HHSC to impose administrative penalties of $1,000 for violations. Provides that the statute does not create a private cause of action. Referred to House Public Health on 3/18.

HB 2653 by Bhojani (D-Sugar Land): Adds § 821.005, Health & Safety Code, to prohibit declawing a cat. Authorizes the imposition of civil penalties. Attorney general enforcement. Referred to House Public Health on 3/18.

HB 2676 by Goodwin (D-Austin): Requires various occupational license holders (chiropractors, massage therapists, barbers and cosmetologists to be trained in recognizing abnormal skin growths. Confers immunity from civil and criminal liability on a license holder for acting in good faith or failing to act in the practice of the profession or within the course and scope of the person’s employment with regard to an abnormal skin growth. Referred to House Public Health on 3/18.

HB 2747 by Frank (R-Wichita Falls)/SB 1595 by Hancock (R-North Richland Hills)/HB 4408 by Dean (R-Longview): Requires a health care entity to submit written notice to the attorney general of a “material change transaction” (defined as a merger or other material change in ownership within a consecutive 12-month period) involving the entity at least 90 days before the change takes effect. Authorizes a civil penalty of up to $10,000 per violation for a failure to notify. Enforceable by the attorney general for the penalty, injunctive relief, and attorney’s fees and costs. Further empowers the attorney general to conduct market studies and require entities to provide requested information. Imposes an administrative penalty of up to $1,000 per day for failure to submit requested information. The Senate version requires annual reporting of material changes to the secretary of state, grants audit powers to the secretary of state, and imposes a civil penalty of $50,000 per violation for a failure to report or making a false report for independent health care providers or provider organizations without third-party ownership or control entities (and not more than 10 physicians and $10 million in annual revenue), and $500,000 for everyone else. Attorney general enforcement with attorney’s fees and costs. SB 1595 referred to Senate HHS on 3/10. HB 2747 referred to House Public Health on 3/18.

HB 2819 by Oliverson (R-Cypress): Provides for licensing and regulation of outpatient behavioral health centers. Referred to House Public Health on 3/19.

HB 2854 by Anchia (D-Dallas): Grants immunity to a general hospital for damages to a patient or other person resulting from visits of certain parole releasees. Referred to House Corrections on 3/19.

HB 3175 by Virdell (R-Brady)/HB 3219 by Shofner (R-Nacogdoches): Directs DSHS to issue an order authorizing a licensed pharmacist to dispense ivermectin without a prescription. Immunizes a pharmacist from civil or criminal liability for dispensing ivermectin, except for wilful misconduct or gross negligence.

HB 3176 by Virdell (R-Brady)/SB 1983 by Hall (R-Edgewood): Prohibits the manufacture, sale, or distribution of a product developed through the use of mRNA material in the prevention or treatment of a communicable disease. SB 1983 referred to Senate State Affairs on 3/17. HB 3176 referred to House Public Health on 3/20.

HB 3321 by Oliverson (R-Cypress): Prohibits a health care entity or health care system from charging a facility fee for health care services provided at a location outside of a campus associated with the entity or system and outpatient services classified as a current procedural terminology code as performance of an evaluation and management procedure. Requires a health care entity that is an affiliate of or owned by a hospital or health care system and that charges a facility fee to provide patients with certain written disclosures. Requires the entity requesting payment from a patient to provide an itemized bill. Requires an entity or system that charges a facility fee to have a process by which a patient may apply for waiver. Requires the entity or system to submit an annual written report to the commission containing specified information regarding facility fees. Prohibits a health care entity from billing a patient or submitting a claim for reimbursement to the patient’s health benefit plan for services provided at a location outside the entity campus unless the biller claim includes the national provider identifier of the location Where the services were provided and uses the current version of the form CMS 1500 or 837P. Authorizes the commission to audit for compliance. Makes a violation of the statute or rule adopted under the statute a DTPA violation. Authorizes the commission to take disciplinary action against the health care entity for violations, including assessing an administrative penalty of $1000 or more, license suspension or revocation, and referral to the attorney general for a civil penalty. Allows the commission to recover investigative costs. Referred to House Insurance on 3/21.

HB 3334 by King (R-Canadian): Adds Title 13, Natural Resources Code, to require an operator annually to contract with a bonded and state-certified third-party inspector to identify and inspect suceptibility to wildfires all wells and related infratructure with the operator. Requires reporting to the RRC. Requires the RRC and operator to confer on any necessary remedial action and directs the RRC to verify compliance. Requires inspection and certification of compliance prior to transfer of a well. Requires the RRC to assume control of and responsibility for orphan wells. Requires the RRC to direct the electric utility or other entity that provides power to an orphan well to terminate service at point of origin. Shields a surface owner from liability. Authorizes revocation of an operator’s permit for noncompliance. Authorizes the RRC to impose an administrative penalty up to $5,000 per violation per day for noncompliance. Attorney general enforcement. Referred to House Energy Resources on 3/21.

HB 3411 by Schatzline (R-Fort Worth): Bars a public school teacher from in any way promoting a student’s gender transition. Authorizes termination and license revocation. Creates a private cause of action with compensatory and punitive damages. Waives immunity. Referred to House Public Education on 3/21.

HB 3415 by Bhojani (D-Euless)/SB 2181 by Hagenbuch (R-Denton): Makes it a deceptive practice to falsely describe hold out, or detail a health care professional’s credentials, training, expertise, specialty, or licensure. Requires advertising to correctly identify the health care professional by name and proper title. Further regulates advertising by a healing art practitioner. Authorizes the assessment of administrative penalties of up to $1,000 per day per violation by a healing art practitioner (ties in to existing penalties for other provider advertising). Set for hearing in House Public Health on 3/31. SB 2181 referred to Senate HHS on 3/24.

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

HB 3455 by Shofner (R-Nacogdoches): Creates a private cause of action against a manufacturer or seller of an experimental drug for failing to disclose certain information to a consumer and to obtain informed consent. Awards a prevailing claimant compensator damages, including pain and suffering, punitive damages, and attorney’s fees and costs. Referred to House JCJ on 3/24.

HB 3560 by Pierson (R-Rockwall): Requires hospitals to conduct criminal background checks on staff. Referred to House Public Health on 3/25.

HB 3588 by Campos (D-San Antonio): Authorizes a competent adult to execute a written directive that requires diagnosis or treatment only by a physician. Prescribes a patient’s bill of rights based on the right to treatment by a physician. Establish requirements relating to informed consent and billing. Prohibits health care facilities or practitioners from abridging a patient right or violating a pertinent rule. Authorizes a state regulatory agency to assess an administrative penalty of $100 to $10,000 per violation per day. Bars deceptive or misleading statements or advertising regarding licensure status, education, training, or expertise. Authorizes disciplinary action by the appropriate licensing agency. Referred to House Public Health on 3/25.

HB 3589 by Campos (D-San Antonio): Requires HHSC to license group homes. Directs the executive commissioner to prescribe minimum standards. Requires inspections and license suspension or revocation for violations. Referred to House Human Services on 3/25.

HB 3595 by Barry (R-Pearland): Requires assisted living facilities adopt emergency preparedness and contingency operations plans. Requires facilities to designate a climate-controlled place of refuge for residents during a power outage or other emergency. Requires installation of backup generation. Ties into existing penalties. Set for hearing in House Human Services on 4/1.

HB 3619 by Dean (R-Longview): Adds § 89.05, Natural Resources Code, to shield a surface owner from liability for damages resulting from acts or omissions by the RRC, an RRC agent or employee, or any other person authorized to enter the land to plug or replug a well. Referred to House Energy Resources on 3/25.

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

HB 3737 by Shofner (R-Nacogdoches): Bans COVID-19 vaccines containing mRNA material. Referred to House Public Health on 3/27.

HB 3749 by Orr (R-Hillsboro): Adds Chapter 172, Occupations Code, to regulate the performance of cosmetic medical procedures at medical spas. Requires a spa to have a medical director, prescribes training requirements for physicians, prescribes delegation procedures. Likewise regulates non-physician providers. Regulates elective intravenous therapy. Referred to House Public Health on 3/27.

HB 3785 by Gervin-Hawkins (D-San Antonio): Imposes labeling requirements for compounded drug products. Referred to Public Health on 3/26.

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

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

HB 3945 by Bumgarner (R-Flower Mound)/SB 2167 by Paxton (R-McKinney): Establishes additional licensing requirements for massage establishments and massage schools. Authorizes TDLR to prohibit massage establishments or schools in certain locations. Raises civil penalties for certain violations to $20,000 (from $10,000). Imposes a criminal penalty for certain violations. SB 2167 referred to Senate Business & Commerce on 3/24.

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

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

HB 4036 by Pierson (R-Rockwall): Indexes the medical malpractice caps by the CPI as of September 1, 2003. Requires the court to apply the percentage at the time at which damages subject to the cap are awarded by final judgment or settlement.

HB 4051 by Frank (R-Wichita Falls): Requires certain drugs dispensed under a physician’s delegation order to be supplied in child-resistant containers with specified labeling requirements and consumer information. Requires the physician to complete a drug utilization review prior to dispending under certain circumstances, maintain specified record, counsel the patient, and perform a final check on all prescriptions filled onsite. Authorizes a physician to dispense dangerous drugs subject to regulatory requirements. Authorizes pharmacists to order and furnish a patient a prescription drug to treat an acute condition under certain circumstances.

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

HB 4100 by Oliverson (R-Cypress)/SB 2043 by Hughes (R-Tyler): Adds Chapter 332, Health & Safety Code, to prohibit a health care facility, the state, or a local governmental entity from taking adverse action against a physician or health care provider for presenting information in a proceeding that the physician or provider reasonably believes relates to a legal or ethical violation that may put patient health at risk or impose a substantial, specific danger to the public or safety (or gross mismanagement or waste of funds). Bars an adverse action against a physician or provider for providing whistleblower information to the physician’s or provider’s employer or a government agency. Bars disciplinary action against a physician or provider for engaging in protected speech. Creates a private cause of action by a physician or provider injured by a violation for injunctive relief, damages (including psychological or emotional damages), costs, and attorney’s fees. SB 2043 referred to Senate State Affairs on 3/17.

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

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

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

HB 4586 by Frank (R-Wichita Falls): Prohibits a person or entity from engaging in direct-to-consumer pharmaceutical advertising. Imposes up to a $10,000 per day penalty for violations.

HB 4756 by C. Bell (R-Magnolia): Prohibits a person from disseminating a paid advertisement for a prescription drug, except to medical, dental, or nursing professionals in a professional scientific periodical or for public health education by a disinterested person. Creates a DPTA violation.

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

SB 95 by Hall (R-Edgewood): Requires a health care provider to obtain informed consent before administering a vaccine to a minor. Creates a new cause of action for minor who has an adverse reaction to an immunization administered without informed consent for actual damages of at least $5,000, investigative costs, court costs, witness fees, deposition expenses, and attorney’s fees. Exempts the cause of action from punitive damages standards under §§ 41.003 and 41.004, CPRC. Heard in Senate Health and Human on 3/18.

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

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

SB 125 by Hall (R-Edgewood)/HB 5090 by Shofner (R-Nacogdoches: Requires a hospital to allow an individual on whom a medical procedure is to be performed to provide an autologous or direct blood donation for the procedure if, not less than 72 hours before the procedure, the individual notifies the hospital and, for a direct blood donation, provides a list of eligible donors. Reported as substituted from Senate HHS on 3/24.

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

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

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

SB 619 by Sparks (R-Midland)/HB 2816 by Oliverson (R-Cypress): Allows a person to decline to participate in a health care service for reasons of conscience. Exempts emergency care or, except as otherwise by Chapter 166, Health and Safety Code, life-sustaining treatment. Grants immunity from civil or criminal liability for a physician or health care provider who declines to participate in a health care service wholly or partly for reasons of conscience. Prohibits a person from taking adverse action against another person because the person declines to participate in a health care service for reasons of conscience, including licensure, certification, employment, staff appointments or privileges, and various other actions. Requires a health care facility to develop a written protocol for circumstances in which a person declines to participate in providing a health care service. Bars the protocol from requiring a health care facility, physician, or health care provider to counsel or refer a patient to another physician or facility. Establishes a complaint process at the appropriate licensing agency. Creates a private cause of action for injunctive relief, actual damages for “psychological, emotional, and physical injuries resulting from a violation of this law,” court costs, and attorney’s fees. Heard in Senate Health and Human on 3/18.

SB 699 by West (D-Dallas)/HB 5396 by Rose (D-Dallas): Subjects in-patient rehabilitation facilities to licensing and regulation by HHSC. Imposes civil and administrative penalties. Referred to Senate Health and Human on 2/3.

SB 754 by Middleton (R-Galveston)/HB 3472 by Olcott (R-Aledo): Adds Chapter 174, Health and Safety Code, to prohibit a health care provider from coercing or compelling an individual lawfully residing in Texas into obtaining a health care service contrary to the individual’s preference (but an individual “unlawfully” residing in Texas). Requires a provider to obtain informed consent before providing a health care services to a lawful resident (an individual coerced or compelled to receive a service is not considered to have capacity to consent). Prohibits a person from taking an adverse action against a person who refuses or fails to obtain a health care service, including a vaccine. Exempts a person employed, working in, or training in a health care facility from receiving a health care service if the person orally or in writing requests an exemption based on a sincerely held religious belief or a recognized medical condition for which the service is contraindicated. Authorizes the attorney general to obtain injunctive relief, investigative costs, attorney’s fees, witness fees, and deposition expenses to enforce the statute. Authorizes a private cause of action for a civil penalty of not less than $5,000 plus investigative costs, attorney’s fees, witness fees, and deposition expenses to a prevailing party. Provides an affirmative defense if the individual stated to the practitioner in advance of the service that consent was voluntarily provided. Referred to Senate State Affairs on 2/7. HB 3472 referred to House Publidc Health on 3/24.

SB 761 by Hinojosa (D-McAllen)/HB 1953 by S. Thompson (D-Houston): Requires a health care facility that is required to offer a victim the opportunity to have an advocate from a sexual assault program to be present during a medical forensic examination to document whether it extended the offer to the victim, whether an advocate was available at the time of the examination, and, if the offer was not extended, the reason therefor. Imposes civil liability on a facility that fails to make the offer or otherwise prevents the victim from gaining access to an advocate in the amount of $1,000 per violation, as well as removal from the SAFE program. Enforcement by the attorney general. SB 761 passed Senate on 3/26. HB 1953 referred to House Criminal Jurisprudence on 3/14.

SB 842 by Schwertner (R-Georgetown)/HB 5506 by Phelan (R-Beaumont): Provides immunity for a ringside physician at a combative sports event. Does not apply to the physician’s gross negligence. Heard in Senate Business & Commerce on 2/18 and left pending.

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

SB 916 by Zaffirini (D-Laredo)/HB 4054 by Spiller (R-Jacksboro): Amends § 773.061, Health & Safety Code, to give the DHS the authority to revoke, suspend, or refuse to renew a license or certificate of an emergency services provider for violations of statutory billing requirements. Reported favorably from Senate HHS on 3/24.

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

SB 1038 by Sparks (R-Midland)/HB 2886 by Noble (R-Allen): Broadens the Medicaid qui tam statute by allowing a bounty hunter up to 5% of any remedy recovered by HHSC (current law limited to administrative penalty). Eliminates the requirement that proof of specific intent be shown in a civil or administrative action for Medicaid fraud. Lowers the threshold for a “knowing” violation of the statute to three elements: (1) knowledge of the information; (2) conscious indifference to the truth or falsity of the information; and (3) reckless disregard (current standard is presenting to the commission information a person knows or should know is false). Broadens the definition of a “violation” to reflect the lower standard of “knowingly” and to include a false statement, misrepresentation, or omission of material information (current standard is presenting to the commission information a person knows or should know is false). Adds ten more violations to the statute, including new violations by hospitals, hospices, and nursing homes of all types. Raises maximum amount of administrative penalty to the maximum dollar amount allowable by federal law if that amount exceeds the current caps and provides that each day of a violation is a separate violation. Reported as substituted from Senate HHS on 3/24. HB 2886 set for hearing in House Human Services on 3/25.

SB 1098 by Blanco (D-El Paso): Requires a pharmacist to disclose to a customer the lowest cash price at that pharmacy for the drug or biological product prescribed to the customer. Heard in Senate Health and Human Services on 3/18.

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

SB 1219 by Hughes (R-Tyler)/HB 251 by Harris Davila (R-Round Rock): Requires a health care facility to provide an estimate to a requesting consumer within 24 hours of the request. Prohibits a facility’s final billed charges from exceeding the estimate by more than 5 percent, subject to limited exceptions. Bars a facility that violates the statute from filing a collection action, reporting the consumer to a credit bureau, or pursuing an action against the consumer. SB 1219 referred to Senate HHS on 2/28. HB 251 referred to House Public Health on 2/27.

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

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

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

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

SB 1777 by Miles (D-Houston): Prohibits a health care provider or employee or contractor of a provider from accepting any form of payment for referring a potential resident to a group home, if the home is owned or operated by an unlicensed person. Creates a Class B misdemeanor. Referred to Senate HHS on 3/13.

SB 1782 by Miles (D-Houston): Requires group homes to maintain criminal history records of employees for a specified time period. Creates a Class B misdemeanor. Referred to Senate HHS on 3/13.

SB 1887 by Sparks (R-Midland)/HB 5022 by Kerwin (R-Glen Rose): Bars the administration of a vaccine containing mRNA material. Does not apply to a product containing mRNA material used for treating cancer or a genetic disorder. Expires 9/1/2035. Referred to Senate HHS on 3/17.

SB 1986 by Hall (R-Edgewood): Requires warning labels on a bottle or container containing an opioid. Referred to Senate HHS on 3/17.

SB 2509 by A. Hinojosa (R-Brownsville)/HB 5076 by Leach (R-Plano): Exempts a health organization that enforces a policy ensuring that a physician employed by the organization exercises independent medical judgment from vicarious liability, provided the organization does not interfere with, control, or otherwise direct the physician’s independent judgment.

SB 2769 by Cook (D-Houston): Prohibits an inpatient mental health care facility from denying admission or discharge a patient with a bleeding disorder based solely on the individual’s need for specialized treatments, if the treatment is administered by the individual or a licensed provider who is not a facility employee.

Judicial Matters/Practice of Law

SJR 27 by Huffman (R-Houston)/HJR 140 by Holt (R-Silsbee): 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. HJR 140 provides for a nine-member commission, with four SCOTX appointments from the court and five citizens appointed by the governor. SJR 27 heard in Senate State Affairs on 3/27. HJR 140 referred to House JCJ on 3/19.

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

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

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

Passed Senate on 3/12. HB 1761 referred to House JCJ on 3/14. HB 2064 referred to House JCJ on 3/14.

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

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

Referred to House JCJ on 3/5.

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

Expands the definition of “qualified transaction” to include a series of related transaction applying to one or more parties;
Adds a definition of “fundamental business transaction” to mean a merger, interest, exchange, conversion, or sale of all or most of an entity’s assets;
Makes active the Second, Fifth, Sixth, Seventh, Ninth, and Tenth Divisions, and includes Montgomery County in the Eleventh Division;
Adds to the jurisdiction of the court an action arising out of the BOC, including an action over which a district court has original or exclusive jurisdiction by the BOC; actions involving insurance, reinsurance, indemnification, or hold harmless provisions, actions involving fundamental business transactions (including related insurance contracts) and actions to enforce covenants not to compete related to a fundamental business transaction;
Reduces the amount in controversy threshold from $10 to $5 million;
Adds an action to enforce an arbitration agreement or review an arbitral award involving an amount over $5 million;
Adds actions arising or related to intellectual property and trade secrets;
Adds actions arising out of legal malpractice or other licensed professionals if the client is an organization;
Grants jurisdiction to grant injunctive and other equitable relief, declaratory judgments, and other relief that may be granted by a district court;
Expands the court’s supplemental jurisdiction;
Gives a business court jurisdiction over MDL pretrial matters if it otherwise has jurisdiction;
Instructs SCOTX to adopt rules of civil and judicial procedure for the court;
Provides for assignment of a judge or transfer of a case on recusal;
Entitles a business court judge to reimbursement for expenses;
Makes various changes related to the administration of the business court system;
Allows counties to seek reimbursement from the state for providing courtroom space;
Requires OCA to report on the case activity of a court during the prior year;
Provides that actions commenced on or before 9/1/24 that are within the business court’s jurisdiction may be transferred to and heard by the court on a motion of a party;
Entitles a business court judge to additional compensation from the state in the amount of the district judge’s county supplement;
Makes conforming changes;
Provides for appointments of judges to the new divisions.

Referred to House JCJ on 3/17.

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

SB 1576 by Zaffirini (D-Laredo): Adds Subchapter A, Chapter 54, Government Code, to generally require at least five years of law practice in Texas (current law is four years) to be appointed as a master, magistrate, referee, or associate judge. Jurisprudence on 3/10. Referred to Senate

HB 1181 by Raymond (D-Laredo)/SB 2127 by Zaffirini (D-Laredo): Amends § 74.003(b), Government Code, to require a former or visiting judge assigned to a matter to certify to the chief justice a willingness not to hear any matter involving a party who is a current or former client of the justice or judge for the duration of the assignment. Limits the certification of willingness not to appear as an attorney in any court to the court to which the judge is assigned. Hb 1181 referred to House JCJ on 3/7. SB 2127 referred to Senate Jurisprudence on 3/24.

HB 1329 by Vasut (R-Angleton)/SB 329 by Huffman (R-Houston): Creates two new district courts in Brazoria County. SB 329 referred to Senate Jurisprudence on 2/3. HB 1329 referred to House JCJ on 3/10.

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. Referred to House JCJ on 3/11.

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. Referred to House JCJ on 3/11.

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. Referred to House JCJ on 3/11.

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. Referred to House JCJ on 3/11.

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. Referred to House JCJ on 3/12.

HB 1664 by Morales (D-Eagle Pass): Amends § 74.055, Government Code, to require a former or retired judge, to be eligible for naming on the list of visiting judges, to certify under oath to the presiding judge the during the 15 years preceding assignment the judge has not been publicly reprimanded by the CJC and the judge did not resign or retire because of a CJC investigation or the judge resigned and was not publicly reprimanded. Referred to House JCJ on 3/12.

HB 1749 by Darby (R-San Angelo)/SB 304 by Perry (R-Lubbock): Amends § 29.003, Government Code, to authorize the governing body of a municipality to provide that a municipal court has jurisdiction over the enforcement of municipal ordinances related to health and safety and nuisance abatements. Grants concurrent jurisdiction to municipal courts with district courts for municipally-owned property in the ETJ. Authorizes the municipal court to issue pertinent search warrants and seizure warrants. Referred to House JCJ on 3/14. SB 304 reported favorably from Senate Local Government on 3/17.

HB 1928 by Gerdes (R-Smithville)/SB 302 by Perry (R-Lubbock): Directs a statutory probate judge to order, to the extent possible, a county’s expenses in a contested probate proceeding to be reimbursed from the estate. SB 302 referred to Senate Jurisprudence on 2/3. HB 1928 referred to House JCJ on 3/14.

HB 2086 by Plesa (D-Dallas): Amends § 11.051, Civil Practice & Remedies Code, to authorize a court on its own motion to determine whether to issue an order that litigant is a vexatious litigant. Referred to House JCJ on 3/14.

HB 2088 by A. Martinez (D-Weslaco): Authorizes the governing board of an institution of higher education to establish a public law school in Hidalgo or Cameron County. Referred to House Higher Education on 3/14.

HB 2169 by Slawson (R-Stephenville): Adds § 81.015(b), Government Code, to bar the state bar from granting an exclusive license or lease of the state bar’s intellectual property without offering a standard contract with identical terms to all interested parties. Referred to House JCJ on 3/14.

HB 2247 by Garcia (D-San Antonio): Authorizes a commissioners court to establish a family violence specialty court for persons who have been arrested for, charged with, or convicted of a misdemeanor offense in which an element is family violence. Referred to House Corrections on 3/14.

HB 2287 by Oliverson (R-Cypress)/SB 2047 by Bettencourt (R-Houston): Adds Chapter 108A, CPRC, to create a cause of action by a violent crime victim against a judge or magistrate who released an offender on a personal bond in violation of statute. Imposes maximum damages of $10 million. Waives judicial immunity. Referred to House JCJ on 3/14. SB 2047 referred to Senate Criminal Justice on 3/17.

HB 2322 by Schofield (R-Katy): Indexes the base salary of a district or business court judge by the consumer price index. Referred to House JCJ on 3/14.

HB 2386 by Gervin-Hawkins (D-San Antonio)/HB 2624/HB 2707 by Gervin-Hawkins (D-San Antonio): Authorizes SCOTX to adopt rules for licensing legal paraprofessionals. Establishes educational and eligibility standards. Specifies the types of legal practice a paraprofessional may conduct without the supervision of an attorney. Directs SCOTX to adopt a code of professional conduct for legal paraprofessionals. Referred to House JCJ on 3/14.

HB 2401 by Munoz (D-Mission): Expands the jurisdiction of county courts at law in Hidalgo County to all civil cases (currently capped at $750,000 in dispute) and criminal cases. Referred to House JCJ on 3/17.

HB 2661 by McLaughlin (R-Uvalde): Expands the jurisdiction of the county court at law in Atascosa County to include civil cases in which the matter in controversy does not exceed $1 million, exclusive of interest, statutory or punitive damages, and attorney’s fees, and costs, including a suit to decide the issue of title to real property, for the enforcement of a lien on real property, of the right to property valued at $500 or more that has been levied under a writ of execution, sequestration, or attachment, and for recovery of real property. Makes a county court at law judge in the county eligible for assignment to the district court. Referred to House JCJ on 3/18.

HB 2733 by Canales (D-Edinburg): Amends § 38.12, Penal Code, to expand the criminal offense of prohibited barratry and solicitation a solicitation made through a direct message on a social media platform or another electronic communication. Referred to House JCJ on 3/18.

HB 2760 by Villalobos (R-Corpus Christi): Amends § 212.201(a), Labor Code, to specify that judicial review of a TWC decision is by an action in a county court at law or district court. Referred to House Trade on 3/19.

HB 2799 by Dutton (D-Dallas): Excludes from the Office of Court Administration’s performance measures reporting family law cases and all civil cases in counties with a population of 2 million or more. Referred to House JCJ on 3/19.

HB 3226 by Metcalf (R-Conroe): Repeals the jurisdiction of statutory probate courts in Montgomery County over eminent domain cases. Referred to House JCJ on 3/20.

HB 3286 by Cain (R-Houston): Abolishes the Commission on Uniform State Laws. Referred to House JCJ on 3/20.

HB 3393 by Vasut (R-Angleton)/SB 1796 by Middleton (R-Galveston)/HB 4501 by Schofield (R-Katy)/HB 113 by Vasut (R-Angleton): Amends the Code Construction Act (Ch. 311, Government Code) to prohibit a court from referring to legislative intent in the construction of a statute. HB 113 referred to House JCJ on 3/14. SB 1796 referred to Senate Business & Commerce on 3/13. HB 3393 referred to House JCJ on 3/21.

HB 3600 by DeAyala (R-Houston)/HB 3873 by A. Johnson (D-Houston): Creates five new district courts in Harris County, each to give preference to civil matters. Referred to House JCJ on 3/25.

HB 3718 by Frank (R-Wichita County): Expands the jurisdiction of the Wichita County courts at law to include estate proceedings, civil cases up to $200,000, and appeal from justice courts. Referred to House JCJ on 3/27.

HB 3819 by Johnson (D-Houston): Requires a probate court to give each party to an uncontested probate proceeding the option and ability to attend the proceeding remotely. Referred to House Subcommittee on Family on 3/26.

HB 4080 by Vasut (R-Angleton): Raises the base salary of a district judge or business court judge to at least $182,000 (from $140,000). Provides that the standard service retirement annuity for service credited in the elected class membership is an amount equal to the number of years of service credit in that class times 2.3% of $140,000.

HB 4137 by Zwiener (D-Driftwood): Creates a new district court in Hayes County and reassigns the 22^nd District Court to Comal County (currently covers Hayes, Comal, and Caldwell).

HB 4260 by Bumgarner (R-Flower Mound): Bars a county judge who is licensed to practice law from appearing and practicing in any court in the judge’s county. Adds a prohibition on a county clerk from practicing in a county or justice court unless the court in which the clerk serves has neither original nor appellate jurisdiction. Bars a county commissioner licensed to practice law from appearing and practicing as an attorney in any court of appeals, district court, county court, or justice court with jurisdiction in the commissioner’s county.

HB 4278 by Martinez Fischer (D-San Antonio): Adds retired or former constitutional county court judges or JPs to the list of judges eligible for assignment as visiting judges.

HB 4235 by Moody (D-El Paso): Raises the amount of the penalty for barratry from $10,000 to $50,000.

HB 4388 by Holt (R-Silsbee): Prohibits a person holding judicial office from abandoning, abdicating, or otherwise relinquishing the person’s judicial authority or duties vested in the office by the Texas Constitution, state law, or the Code of Judicial Conduct. Subjects a judicial officer to Section 1-a, Art. V, Texas Constitution, and the Code of Judicial Conduct regardless of whether the court the person serves has civil or criminal jurisdiction. Bars a county commissioners court from adopting or enforcing an order that delegates judicial authority.

HB 4462 by Harless (R-Spring): Permits Harris County to retain outside lawyers in a matter involcing a civil action against a county official if the commissioner’s court has reason to believe that the county attorney has a conflict.

HB 4498 by Munoz (D-Palmview): Creates three new statutory county courts at law in Hidalgo County.

HB 4573 by Vasut (R-Angleton): Amends § 82.0651, CPRC, to expand an action for barratry to an attempt to procure legal services in violation of the statute. Requires a court to sanction an attorney bringing a barratry action if the attorney’s client fails to establish a violation, the court determines the action was groundless, and the attorney has or will receive a fee from the client in the underlying action.

HB 4613 by Turner (D-Arlington): Entitles a prevailing appraisal district to attorney’s fees up to $100,000 in a property tax appeal.

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

HB 4797 by Richardson (R-McKinney): Reduces the number of court of appeals districts from 15 to six (pairs Austin with Amarillo and Eastland; pairs San Antonio with Corpus Christi and El Paso). Redistributes the number of justices and consolidates chief justices.

HB 4825 by Munoz (D-Palmview): Directs a court to award costs and attorney’s fees to a prevailing plaintiff in suit to invalidate a local governmental action as preempted by the constitution or a statute.

HB 5411 by Hayes (R-Denton): Requires a judge to disclose any contribution received from a party to a suit the judge is presiding over within 5 days of receipt. Requires a judge to continue to disclose any contributions from parties in the case for 60 days after a final order.

HB 5649 by Munoz (D-Palmview): Expands the jurisdiction of a county court at law in Hidalgo County to civil cases regardless of amount.

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

SB 302 by Perry (R-Lubbock): Authorizes a statutory probate judge assigned on a party’s motion to hear a contested matter to order the estate and the parties to the proceeding to reimburse the county for the expenses of conducting the proceeding. Referred to Senate Jurisprudence on 2/3.

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

SB 311 by Hughes (R-Mineola): Prohibits SCOTX from issuing a writ against the governor. Reported from State Affairs on 3/26.

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

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

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

SB 496 by Sparks (R-Midland)/HB 2360 by Fairly (R-Amarillo): Expands the concurrent jurisdiction of Potter County courts at law in felony cases to conduct arraignments and pretrial hearings and to accept pleas in uncontested cases (currently only Potter County Court at Law No. 1 has this jurisdiction). SB 496 referred to Senate Jurisprudence on 2/3. HB 2360 referred to House JCJ on 3/14.

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

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

SB 873 by Birdwell (R-Granbury)/SB 987 by Bettencourt (R-Houston): Adds § 571.171(d), Government Code, to exempt a criminal enforcement action by the Texas Ethics Commission from the requirement of exhaustion of remedies and vests jurisdiction in the appropriate district court for the initiation of such actions. Referred to Senate State Affairs on 2/13. SB 987 passed Senate on 3/26.

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

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

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

SB 992 by Nichols (R-Jacksonville): Requires the attorney general to approve or deny a contract for legal services submitted by a state agency not later than the 25^th day after receipt. Requires the attorney general to state the reasons for denying approval. Passed the Senate on 3/12.

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

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

SB 1073 by Hughes (R-Tyler)/HB 2969 by Cain (R-Houston): Creates a cause of action for injunctive relief against the State Bar of Texas for adopting a rule or imposing a penalty in violation of a licensee’s or applicant’s free exercise of religion, political or ideological views, social views, or other expressive speech. Reported favorably from Senate State Affairs on 3/17. HB 2969 referred to House JCJ on 3/20.

SB 1210 by Hughes (R-Tyler)/ HB 933 by Spiller (R-Jacksboro): Provides that the supreme court has appellate jurisdiction to finally resolve a conflict between the supreme court and court of criminal appeals regarding the interpretation of a provision of the Texas Constitution on the submission of a writ of certiorari to the court by a party to any proceeding in any court in the state or certification of a question of law from any federal court. Reported from Senate State Affairs on 3/26. HB 933 referred to House JCJ on 3/6.

SB 1220 by Hughes (R-Tyler): Adds § 23.002, Government Code, to provide that exhaustion of civil or administrative remedies is not a prerequisite to vesting in a trial court subject matter jurisdiction over a criminal action over which the trial court would otherwise have jurisdiction under other law. Reported favorably from Senate State Affairs on 3/17.

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

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

SB 1607 by Campbell (R-San Antonio): Creates the 511^th District Court composed of Comal County. Referred to Senate Jurisprudence on 3/10.

SB 1719 by Hughes (R-Tyler): Repeals § 22.004(c), Government Code, which provides that a rule adopted by the Supreme Court repeals all conflicting laws and parts of laws governing practice and procedure in civil actions. Referred to Senate State Affairs on 3/13.

SB 1880 by Schwertner (R-Georgetown)/HB 4892 by Wilson (R-Marble Falls): Creates the 512^th District Court in Williamson County. Referred to Senate Jurisprudence on 3/17.

SB 1996 by Zaffirini (D-Laredo): Raises the jurisdictional limit for county courts at law from $250,000 to $325,000. Referred to Senate Jurisprudence on 3/17.

SB 2005 by King (R-Weatherford): Provides that SCOTX rules may not interfere with an appointed or elected official acting within the scope of the official’s constitutional or statutory duties. Referred to Senate State Affairs on 3/17.

SB 2070 by Zaffirini (D-Laredo)/HB 5128 by Leach (R-Plano): Provides that if a majority of judges and an administrative district cannot agree on the selection of a local administrative district judge, one of the judges shall notify the regional presiding judge, who shall cast the deciding vote. Limits the term of that judge to two years. Directs the OCA to hold an annual meeting to provide information to presiding judges of administrative regions, local administrative judges, and court administrators regarding court budgets and operational funding, court activities, statistics, case level information, duties of local administrative, judges, and other matters related to administration. Referred to Senate Jurisprudence on 3/24.

SB 2083 by Miles (D-Houston)/HB 4512 by Schofield (R-Katy): Creates an additional county court at law for civil matters in Harris County. Referred to Senate Jurisprudence on 3/24.

SB 2135 by Hinojosa (D-McAllen): Creates an additional county court at law and statutory probate court in Hidalgo County. Referred to Senate Jurisprudence on 3/24.

SB 2708 by Hagenbuch (R-Denton): Prohibits an individual unlawfully present in the US from commencing a civil action.

SB 2878 by Hughes (R-Tyler): Amends § 22.004(c), Government Code, to repeal laws and parts of laws governing practice in civil actions enacted before May 15, 1939.

SB 2883 by Hughes (R-Tyler): Extends the sunset date of the 2^nd, 5^th, 6^th, 7^th, 9^th, and 10^th from 2026 to 2028. Lowers the amount in controversy threshold from $5 million to $4.5 million. Lowers the amount in controversy threshold for contract actions from $10 million to $9.5 million. Lowers the residency requirement for a business court judge from 5 to 4 years residency in a county within the division of the business court. Entitles a business court judge who serves as an administrative presiding to additional compensation.

SB 2884 by Hughes (R-Tyler): Entitles a business court judge to an annual salary supplement from the state in an amount equal to the difference between the judge’s annual base salary from the state and the maximum combined base salary from all state and county sources paid to a district judge.

SB 2954 by Hagenbuch (R-Denton): Amends § 38.002, CPRC, to require a claimant to disclose whether the claimant’s attorney received compensation from another party to represent the claimant in the civil action.

SB 3025 by Hagenbuch (R-Denton): Directs SCOTX to adopt rules providing for the mandatory disclosure of third-party litigation financing agreements.

Eminent Domain

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

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

HB 1722 by Tepper (R-Lubbock): Bars TxDOT from prohibiting the owner of property within a highway right-of-way from accessing property in the right-of-way if the property was constructed before TxDOT assumed authority over the right-of-way. Referred to House Transportation on 3/14.

HB 2011 by C. Bell (R-Magnolia): Amends § 21.101(a), Property Code, to entitle a person from whom an entity has acquired property through eminent domain to repurchase the property if the acquiring entity has an obligation to pay property taxes on the property and failed to them before the second anniversary of the date on which the unpaid taxes became due. Makes a conforming change to § 21.102 (notice to previous property owner of right to repurchase). Amends § 21.1021 to entitle a property owner from whom property was acquired (or the owner’s heirs, successors, or assigns) to request at any time after the 18-month anniversary of the acquisition that the acquiring entity provide a statement regarding whether all property taxes have been paid, and, if any taxes haven’t been paid, the amount of the unpaid taxes, each due date for the taxes, and whether the entity has a good faith intention to pay the taxes. Amends § 21.103 to allow a property owner entitled to repurchase property for unpaid property taxes to inform the entity of the owner’s intent to repurchase before the notice required under §§ 21.102 or 21.1021. Referred to House Land and Resource Management on 3/14.

HB 2706 by Zwiener (D-Driftwood): Amends § 21.02(a), Property Code, to block a condemnor from taking possession of the property for 180 days from the date of the special commissioners’ award, unless the parties agree otherwise. Permits a city, irrigation district, water improvement district, or water power control district to take immediate possession if it pays or deposits the amount of the award. Referred to House Land and Resource Management on 3/18.

HB 5245 by Lozano (R-Kingsville): Makes numerous changes to Chapter 21, Property Code.

Amends § 21.0113 to require an eminent domain authority’s bona fide offer to include with the initial offer an offer of compensation equal to or greater than: (1) the market value of the property plus an estimate of damages, based on a third party appraisal; or (2) the estimated price or market value based on at least three comparable arm’s-length sales of a fee simple property, plus estimated damages based on a comparative market analysis prepared by a qualified third-party, a broker price opinion, or third-party market study;
Requires the condemnor to provide the complete written report of the appraisal, market analysis, broker price opinion, market study, or anything else the condemnor may have;
Requires the offer to include notice of terms for which the owner may negotiate;
Requires notice to the county judge;
Authorizes a real estate broker to prepare an estimated price based on a comparative market analysis, broker price opinion, market study, or summary of a market study;
Removes from the statutory easement terms the existing protection from the entity’s obligation to restore the easement area for safety or operational needs of electrical facilities;
Requires the easement terms to include applicable insurance or self-insurance provided by the entity;
Adds § 21.0115 to require a private entity to send written notice of intent to the county judge specifying the public use and identifying the route;
Amends § 21.012 to require a petition filed by an entity to state the terms to be included in the conveyance;
Adds Subchapter B-1, Chapter 21, to apply only to electric utilities and pipelines seeking to acquire for the same project 25 or more tracts owned by at least 25 separate and unaffiliated owners (does not apply to PUC-regulated electric transmission entities or an industrial property);
Requires written notice to owners prior to initial offer of the owner’s right to participate in a meeting to discuss the project (specifies the content of the meeting to include what will be in the pipeline and which regulatory filings will be made);
Requires a property owner meeting for each contiguous linear section of the proposed route equal to or less than 100 miles in length;
Specifies meeting location within 50 miles or less for a majority of owners to begin not earlier than 5:30 pm;
Specifies who may attend, including the owner’s attorney or licensed appraiser, up to 5 people per tract;
Establishes a lengthy statutory agenda for the meeting;
Bars contacting an owner until 3 days after the meeting;
Requires the same process with respect to a re-route;
Owner may petition the court for noncompliance seeking abatement of the project and recovery of attorney’s fees and costs;
Specifies particular requirements for electric transmission entities regulated by the PUC;
Amends § 21.042 to require the special commissioners to consider an injury or benefit to the property as a result of the characteristics, size, or visibility of any infrastructure on the property, any limitation of future expansion, and terms of the easement or alignment of the easement.

HB 5417 by Lozano (R-Kingsville): Amends § 21.0113(b), Property Code, to require a final offer to be equal to or higher than the initial offer, or the 60^th day after the date on which the entity makes a written initial offer, if the final offer is lower than the initial offer.

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

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

SB 316 by Creighton (R-Conroe): Gives the Facilities Commission the power of eminent domain for purposes of acquiring real property for the construction of a border wall. Referred to Senate Border Security on 2/3.

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

Dobbs/SB 8/Obergefell/LGBTQ

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

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

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

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

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

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

HB 903 by Moody (D-El Paso)/ HB 1738 by V. Jones (D-Dallas): Repeals the offense of homosexual conduct. Referred to House Criminal Jurisprudence on 3/6. HB 1738 referred to House Criminal Jurisprudence on 3/14.

HB 938 by Toth (R-The Woodlands)/HB 1075 by Schatzline (R-Fort Worth): Adds Chapter 100B, CPRC, to create a cause of action by an individual who attends a drag performance as a minor against a person who knowingly promotes, conducts, or participates as a performer if the performance violates the prevailing standard in the adult community for content suitable for minors and he person fails to take reasonable steps to restrict access to the performance by minors. Allows recovery of actual damages for psychological, emotional, economic, and physical harm, attorney’s fees and costs, and statutory damages of $5,000. Bars defending the claim on the basis that the minor’s parent or guardian accompanied the minor. Referred to House State Affairs on 3/6. HB 1075 referred to House State Affairs on 3/7.

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

HB 1004 by Toth (R-The Woodlands)/SB 846 by Hughes (R-Tyler): Requires the attorney general to prosecute violations of abortion laws, election laws, human trafficking laws (Chapter 20A, Penal Code), bribery and corruption laws (Chapter 36, Penal Code), and abuse of office laws (Ch. 39, Penal Code). SB 846 referred to Senate Criminal Justice on 2/13. HB 1004 referred to House State Affairs on 3/7.

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. Referred to House Public Health on 3/7.

HB 1088 by Slawson (R-Stephenville): Adds § 74.252, CPRC, to extend the statute of limitations for a claim by a minor based on the administration of a puberty suppressing drug or cross-sex hormone to or the performance of surgery or another medical procedure on the minor for the purpose of gender transitioning or gender reassignment. Provides that such that a claim must be brought by the minor’s 25^th birthday, rather than the 14^th birthday for all other health care liability claims. Referred to House JCJ on 3/7.

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. Referred to House Public Health on 3/7.

HB 1161 by Hinojosa (D-Austin)/SB 360 by Eckhardt: Allows a person of child-bearing age to specify in an advanced directive the effect of the person’s pregnancy on the directive. SB 360 referred to Senate Health and Human Services on 2/3. HB 1161 referred to House Public Health on 3/7.

HB 1219 by Plesa (D-Dallas)/SB 350 by Eckhardt (D-Austin): Adds § 170A.008, Health and Safety Code, to require a physician or health care practitioner to prioritize the health of the pregnant individual over the health of the fetus the individual is carrying when recommending a health care treatment for the individual, regardless of whether the treatment poses a risk of injury or death to the fetus. Requires the informed consent of the individual to such treatment. Authorizes the appropriate licensing authority to impose an administrative penalty for violations. SB 350 referred to Senate Health and Human Services on 2/3. HB 1219 referred to House Public Health on 3/10.

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. Referred to House Public Health on 3/10.

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. Referred to House Public Health on 3/10.

HB 1307 by Ordaz (D-El Paso): Amends § 245.002, Health & Safety Code, to exclude IVF from the definition of abortion. Referred to House Public Health on 3/10.

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). Referred to House JCJ on 3/11.

HB 1651 by Schatzline (R-Fort Worth): Makes it a deceptive trade practice to sell or distribute an abortion drug through an Internet website unless the seller obtains from the person requesting the drug verification that the drug was prescribed by a Texas physician after an in-person visit (in other words, the bill effects a ban). Referred to House Public Health on 3/12.

HB 1792 by Goodwin (D-Austin): Amends § 181.004, Health & Safety Code, to require a covered entity to comply with state and federal (HIPAA) patient privacy protections in any requested disclosure of an individual’s protected health information related to all reproductive health care, including miscarriage and abortion. Referred to House Public Health on 3/14.

HB 1919 by Bryant (D-Dallas): Creates a cause of action against the state for damages for physical and psychological harm resulting from the denial of health care services arising under a state law limiting or prohibiting access to reproductive health care, including abortion. Waives sovereign immunity. Referred to House State Affairs on 3/14.

HB 1980 by Hickland (R-Belton)/SB 942 by Hughes (R-Tyler): Amends § 154.131, Family Code, to create a presumption that it is reasonable and in the best interest of the child for a court to order retroactive child support beginning on the earliest possible date of the child’s conception. Amends § 160.636(g), Family Code, to require a court order establishing a man’ paternity to, on request of a party and proper showing, child support retroactive to the earliest date of conception. SB 942 reported from Senate Juriprudence on 3/24. HB 1980 referred to House Subcommittee on Family on 3/14.

HB 1986/HB 1987 by Bowers (R-Rowlett)/SB 308 by Eckhardt (D-Austin)/HB 5310 by Talarico (D-Austin): Repeals Chapter 170A, Health & Safety Code (abortion ban), various sections of Chapter 171, Subchapter D, Health & Safety Code (ban on abortion-inducing drugs), and Title 71, Vernon’s Civil Statutes (criminal offense for performing abortion). SB 308 referred to Senate State Affairs on 2/3. HB 1986 and HB 1987 referred to House Public Health on 3/14.

HB 2062 by Holt (R-Silsbee)/HB 2704 by Shofner (R-Nacogdoches): Adds Chapter 3001, Government Code, to require state and local government facilities to maintain separate bathrooms and other “private spaces” based on biological sex. Imposes civil penalties for violations of $5,000 for the first violation and $25,000 for the second and subsequent violations. Attorney general enforcement. Also creates a private right of action against a governmental entity for equitable relief, attorney’s fees, and costs. Prohibits a court from declaring the statute unconstitutional. Bars class actions. Waives sovereign immunity. Makes attorneys who challenge the constitutionality of the statute jointly and severally liable for costs attorney’s fees of a prevailing party. Referred to House State Affairs on 3/14.

HB 2141 by Simmons (D-Houston): Amends § 22.12, Penal Code, to exempt from Chapter 22 (assaultive offenses) the provision of gender-affirming care, including the dispensing of a drug, in accordance with state and federal law and performed by a physical or other health care provider with the requisite consent. Referred to House Criminal Jurisprudence on 3/14.

HB 2158 by Hinojosa (D-Austin): Creates an exception to the abortion prohibition for a lethal fetal anomaly or diagnosis. Referred to House Public Health on 3/14.

HB 2182 by Plesa (D-Dallas): Requires the commissioner of state health services to issue a statewide order authorizing a pharmacist to dispense an emergency contraceptive without a prescription. Grants immunity from civil and criminal liability, as well as disciplinary action, to a pharmacist acting in good faith, except for wilful misconduct or gross negligence. Referred to House Public Health on 3/14.

HB 2197 by Money (R-Greenville)/SB 1204 by Hall (R-Edgewood): Applies several chapters of the Penal Code to unborn children from fertilization. Repeals § 71.003, CPRC, which, among other things, bars a cause of action on behalf of an unborn child against the mother, a physician or licensed health care provider for a lawful medical procedure, or a pharmacist or dispenser of a drug. The Senate version retains the prohibition of an action against the mother. SB 1204 referred to Senate State Affairs on 2/28. HB 2197 referred to House Criminal Jurisprudence on 3/14.

HB 2251 by Goodwin (D-Austin): Amends § 170A.002(b), Health & Safety Code, and § 171.205, Health & Safety Code, to except from the prohibition of abortion a physician, in the exercise of reasonable medical judgment, performs an abortion on a pregnant woman: (1) with a medical condition that places her current or future health at risk unless the pregnancy is terminated; (2) who is pregnant with a fetus with a severe or usually lethal fetal abnormality; (3) who is pregnant with two or more fetuses and at least one fetus poses a risk to the health to another fetus; (4) who was impregnated as a result of rape or incest. Repeals § 6-1/2, Title 71, Revised Statutes (abortion is murder) and § 170A.002(b), Health & Safety Code. Referred to House Public Health on 3/14.

HB 2258 by Toth (R-The Woodlands): Imposes strict and joint and several liability on anyone who assists another in social transitioning. Entitles a prevailing party to recover nominal damages, compensatory damages, statutory damages of $10,000 per defendant, punitive damages of $10 million per defendant, costs, and attorney’s fees. Twenty-year limitations period. No defenses. Referred to House State Affairs on 3/14.

HB 2260 by Martinez Fischer (D-San Antonio): Adds § 554.011, Government Code, to make an elected state officer personally liable for violating whistleblower statutes. Waives official immunity and bars the state from indemnifying the officer. Applies retroactively. Referred to House State Affairs on 3/14.

HB 2311 by Harrison (R-Midlothian): Bars institutions of higher education or their employees from submitting any information in a grant application or to an accreditation agency that in any way refers to first-generation students, underserved populations, low-income students, compliance with anti-discrimination laws, academic course instruction, scholarly work, student organizations, guest speakers or performers, policies to enhance student performance, data collection, or student recruitment or admissions. Referred to House Higher Ed on 3/14.

HB 2339 by Harrison (R-Midlothian): Bars an institution of higher education from offering courses in LGBTQ or DEI studies. Creates a cause of action against an institution for injunctive relief. Referred to House Higher Ed on 3/14.

HB 2342 by Cain (R-Houston)/SB 810 by Hughes (R-Tyler): Prohibits a school district or open enrollment charter school from taking an adverse action against an employee who refers to a student by the student’s biological sex. Referred to House Public Ed on 3/14.

HB 2354 by Shaheen (R-Plano)/SB 1127 by Middleton (R-Galveston): Requires an open-enrollment charter school to adopt an admissions policy that limits admission to students of a single biological sex as stated on the student’s birth certificate or other governmental document. SB 1127 referred to Senate Education K-16 on 2/24. HB 2354 referred to House Public Ed on 3/14.

HB 2423 by Goodwin (D-Austin): Excludes from the definition of “abortion” the provision of treatment for a miscarriage or suspected miscarriage, in accordance with the applicable standard of medical care and by any means a physician determines medically appropriate. Referred to House Public Health on 3/17.

HB 2651 by Plesa (D-Dallas): Authorizes a physician to perform an abortion on an unemancipated minor who consents to the abortion without obtaining parental consent or judicial approval. Authorizes the physician to provide an abortion-inducing drug if, based on the physician’s reasonable medical judgment and the gestational age of the pregnancy, the drug will be effective and does pose a risk to the minor. Immunizes the physician from civil or criminal liability and disciplinary action. Referred to House JCJ on 3/18.

HB 2493 by Bowers (D-Rowlett): Prohibits false, misleading, or deceptive practices in the business of eviction-related services provided to consumers in connection with eviction suits filed by landlords. Applies DTPA to violations. Referred to House Trade on 3/17.

HB 2710 by Little (R-): Amends § 43.25, Penal Code, to eliminate the affirmative defenses to a prosecution for obscenity based on bona fide educational, medical, psychological, or psychiatric purposes. Referred to House State Affairs on 3/18.

HB 2758 by Bryant (D-Dallas): Makes various changes to the Family Code to adapt to same-sex marriage. Referred to House JCJ on 3/19.

HB 2831 by Plesa (D-Dallas): Authorizes the attorney general to bring an action for injunctive relief against a covered entity for unlawful practices pertaining to the collection, use, and sale of reproductive health information without the consent of the individual, including the disclosure of such information to federal, state, or local officials except under limited circumstances. Creates a private cause of action for statutory damages and equitable relief. Referred to House Public Health on 3/19.

HB 2843 by Zwiener (D-Driftwood): Adds Chapter 98C, CPRC, to make a defendant who commits an act of sexual assault liable to the victim for damages arising out of a pregnancy resulting from the assault that is carried to term (no prosecution or conviction required). Allows recovery of actual damages related to the pregnancy, birth, and care of the child, including medical expenses, loss of income, other economic damage, and noneconomic damages (regardless of an award of actual damages). Referred to House JCJ on 3/19.

HB 2846 by Shaheen (R-Plano)/SB 86 by Hall (R-Edgewood)/HB 4002 by Money (R-Greenville): Creates a cause of action by a parent against a school district for injunctive and declaratory relief, damages, attorney’s fees, and costs arising from the district’s failure to resolve a parent complaint regarding instruction implicating sexual orientation or gender identity. Referred to House Public Ed on 3/19.

HB 3399 by Money (R-Greenville): Bars gender-transitioning, reassignment, or dysphoria treatment for anybody. Referred to Public Health on 3/21.

HB 3431 by Tinderholt (R-Arlington): Makes it a criminal offense (state jail felony) for a physician or health care provider to treat a child for gender transitioning, reassignment, or dysphoria. Prohibits a non-physician mental health professional from providing gender-affirming therapy or counseling to a child if the purpose is to affirm a gender inconsistent with a child’s biological sex. Makes such treatment a state jail felony (also criminalizes a health care practitioner from referring a child to another state for gender-transitioning care). Referred to House Public Health on 3/21.

HB 3478 by Lowe (R-North Richland Hills): Defines child abuse to include causing, permitting, encouraging, engaging in, or allowing a child to receive gender affirming care. Referred to House Subcommittee on Family on 3/24.

HB 3616 by Schatzline (R-Fort Worth): Bars a school district, government entity, or employee from assisting anyone with social transitioning. Attorney general enforcement with termination of employment. Referred to House State Affairs on 3/25.

HB 3668 by Howard (D-Austin): Orders a non-binding public referendum on whether additional abortion restrictions should be repealed. Referred to House State Affairs on 3/25.

HB 3817 by Oliverson (R-Cypress): Makes it a state jail felony for a person to knowingly make a false or misleading statement to a government entity or employer identifying the person’s biological sex as opposite of the one to the person at birth. Referred to House State Affairs on 3/26.

HB 4183 by Schatzline (R-Fort Worth): Prohibits a teacher from providing instruction or any other information to a student regarding abortion. Mandates termination of the teacher and certification revocation, as well as making it a criminal offense and creating a private cause of action against the ISD and teacher for compensatory and punitive damages. Waives sovereign immunity.

HB 4593 by Troxclair (R-Austin)/SB 2625 by Campbell (R-San Antonio): Requires a physician to be physically present before providing an abortion-inducing drug.

HB 4595 by Troxclair (R-Austin)/SB 2352 by King (R-Weatherford): Prohibits a person from knowingly transporting or funding the transportation of an unemancipated minor from Texas into another state or country for an abortion without written consent of the parent. Creates a first degree felony offense and imposes a civil penalty not less than $100,000. Attorney general enforcement with attorney’s fees and costs. Authorizes licensure revocation. SB 2352 referred to Senate State Affairs on 3/25.

HB 4710 by Hopper (R-Decatur): Makes it a first degree felony if an individual travels outside the state with a child to obtain an abortion.

HB 5237 by Flores (D-Austin)/SB 2691 by Eckhardt (D-Austin): Amends § 71.003(c), CPRC, to exclude from a wrongful death action for the death of an unborn child a death as a result of a legal abortion.

HB 5422 by Zwiener (D-Driftwood): Provides that general speech, counseling, emotional support, or nonfinancial assistance is not considered aiding or abetting an abortion. Provides that a claimant must prove by clear and convincing evidence that a defendant acted with actual knowledge of a violation and with specific intent to facilitate a violation. Provides that a defendant may raise any defense or constitutional challenge.

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

HJR 204 by Talarico (D-Austin): Adds § 68, Article III, Texas Constitution, to prohibit the legislature from restricting an individual’s access to abortion or related health care if the individual in consultation with a licensed physician chooses to obtain the abortion or health care.

HJR 130 by Bucy (D-Austin): Adds § 37, Art. I, Texas Constitution, to confer a right to reproductive autonomy, including the right to obtain an abortion on or before 24 weeks post-fertilization, obtain an abortion to preserve the life of a pregnant individual who is more than 24 weeks post-fertilization, or obtain or use contraception. Referred to House State Affairs on 3/17.

SB 115 by Hall (R-Edgewood): Imposes strict liability on a health plan issuer for the patient’s medical, mental health, and pharmaceutical costs as a result of gender modification procedures or treatments covered by the plan for the life of the patient. Subjects health care providers to liability in malpractice simply for performing a gender modification treatment or procedure and makes the provider strictly liable for the life of the patient. Prohibits a health insurance policy from covering gender modification treatments. Referred to Senate State Affairs on 2/3.

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

SB 126 by Hall (R-Edgewood): Imposes liability for civil penalties on a school district that conducts a study or survey on a child’s sexual behavior, enforceable by the attorney general. Referred to Senate Health and Human on 2/3.

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

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

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

SB 730 by Campbell (R-San Antonio)/HB 1806 by Noble (R-Allen)/SB 33 by Campbell (R-San Antonio): Prohibits a governmental entity from providing logistical support of any kind to an abortion provider. Creates a cause of action allowing any person or the attorney general to enforce the prohibition by seeking declaratory and injunctive relief, court costs, and attorney’s fees. Bars a court from awarding attorney’s fees to a defendant. Exempts these actions from the TCPA and RFRA (Chapter 110, CPRC). SB 730 referred to Senate State Affairs on 2/7. HB 1806 referred to House State Affairs on 3/14. SB 33 heard in Senate State Affairs on 3/25.

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

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

SB 1521 by Johnson (D-Dallas)/HB 3410 by Rodriguez Ramos (D-Dallas): Adds § 20.003, CPRC, to permit a pre-suit deposition on oral examination or written questions to perpetuate or obtain the person’s own testimony or that of any other person for use in an anticipated action, or to investigate a potential claim or action. Prohibits a pre-suit deposition if the requestor has not sustained actual damages or will not reasonably sustain actual damages in the anticipated action. Makes the requestor liable for attorney’s incurred in challenging an illegal request. Bars SCOTX from modifying or repealing the statute by rule. Amends § 311.036, Government Code, to bar a state regulating abortion from being construed to impose criminal, civil, or administrative penalties or liability on a pregnant individual who has an abortion. Adds § 171.009, Health and Safety Code, to allow a person to provide to an individual direct or indirect assistance for traveling outside the state for an abortion. Bars a political subdivision from adopting an ordinance that conflicts with state regulation of the provision of abortion-inducing drugs. Removes most restrictions on the provision of abortion-inducing drugs. Bars an aiding or abetting civil action based on a person providing or intending to provide direct or indirect assistance for traveling outside the state for an abortion. Bars a city or county from adopting or enforcing travel prohibitions. Repeals Chapter 170A, Health & Safety Code (abortion ban), various sections of Chapter 171, Subchapter D, Health & Safety Code (ban on abortion-inducing drugs), and Title 71, Vernon’s Civil Statutes (criminal offense for performing abortion). Referred to Senate State Affairs on 3/6. HB 3410 referred to House State Affairs on 3/21.

SB 1682 by Johnson (D-Dallas): Exempts from the prohibition of abortion an abortion that, in the exercise of a physician’s reasonable medical judgment, is necessary to prevent future infertility or because the pregnancy is not viable or was a result of sexual assault. Repeals Chapter 6-1/2, Title 71, Revised Statutes. Referred to Senate State affairs on 3/11.

SB 1684 by Menendez (R-San Antonio): Regulates limited service pregnancy resource centers. Prohibits advertising that deceptively implies the person is a provider of pregnancy-related health care services unless the person is a health care provider licensed in this state and authorized by law to provide pregnancy-related health care services. Provides for statutory notices. Creates a criminal offense. Imposes a civil penalty of up to $10,000 per violation. Attorney general enforcement with attorney’s fees and costs.

SB 1724 by Johnson (D-Dallas): Conforms various statutes to reflect the legality of same-sex marriage and repeals references to the criminality of homosexual behavior. Referred to Senate State Affairs on 3/13.

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

SB 1999 by Hughes (R-Tyler): Prohibits a school district, higher ed institution, or public employer from discriminating against a student, employee, or a member of the general public in terms consistent with the biological sex of that person. Referred to Senate State Affairs on 3/17.

SB 2256 by Cook (D-Houston): Broadens the definition of “ectopic pregnancy.” Referred To Senate State Affairs on 3/25.

SB 2257 by Cook (D-Houston): Deletes methotrexate from the list of abortion-inducing drugs. Eliminates the provision requiring a physician to document the gestational age and intrauterine development of a pregnancy to determine whether an ectopic pregnancy exists before providing an abortion-inducing drug. Referred to Senate State Affairs on 3/25.

SB 2447 by Sparks (R-Midland): Requires an assisted reproductive technology provider to annual report to TDHS detailed information regarding their services. Authorizes TDHS to assess administrative penalties and take other disciplinary action. SB 2447 referred to Senate HHS on 3/25.

SB 2666 by Campbell (R-San Antonio): Expands the definition of “ectopic pregnant” to include implantation of a fertilized egg or embryo in an intrauterine location at which it becomes unviable or in a scarred portion of the uterus.

SB 2727 by Cook (D-Houston): Exempts lethal fetal anomalies from the prohibition of abortion.

SB 2880 by Hughes (R-Tyler)/HB 5510 by Leach (R-Plano): Prohibits a person from having anything to do with an abortion-inducing drug in Texas except under very limited circumstances. Enforceable by a qui tam or private action. Makes a person who manufactures, possesses, distributes, mails, transports, delivers, prescribes, or provides an abortion-inducing drug or aids and abets any of that jointly and severally liable for the personal injury or wrongful death of an unborn child or pregnant person. Authorizes the mother and father to bring a civil action based on the use of a drug, regardless of marriage status. Bars class actions. Strips a defendant of most defenses. Imposes market share liability on manufacturers. Six-year statute of limitations. Waiver prohibited. Extraterritorial jurisdiction. Authorizes a person to bring a qui tam action in the name of the state. Authorizes a qui tam action against an interactive computer service that allows residents to access information about abortion. Creates a criminal offense against a person who knowingly pays or reimburses the costs for an abortion. Extraterritorial jurisdiction. Attorney general enforcement. Authorizes a private cause of action against a judge who rules against a claimant. SB 2880 heard in Senate State Affairs on 3/25.

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

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

Landlord-Tenant

HB 32 by Button (R-Garland)/SB 38 by Bettencourt (R-Houston): Amends § 24.005, Property Code, to streamline the process for evicting a tenant for nonpayment of rent. Allows a justice court to allow or require a participant in an eviction suit to appear remotely. Allows a landlord to include with a sworn petition a sworn motion for summary disposition without trial. Provides that a party may appeal the judgment of the justice court in an eviction suit to county court. Provide that a city or county that funds a legal aid service or organization to provide information or advice or representation to eligible tenants in the eviction process provide an equal amount of funding to pay for relocation assistance for tenants. Heard in House JCJ on 3/12. SB 38 referred to Senate State Affairs on 3/17.

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

HB 414 by Leo-Wilson (R-Galveston)/HB 1076 by Pierson (R-Rockwall)/SB 465 by Campbell (R-San Antonio)/HB 2105 by Spiller (R-Jacksboro)/HB 2131 by Dean (R-Kilgore)/HB 2454 by Toth (R-The Woodlands)/HB 3274 by Hefner (R-Mt. Pleasant)/HB 3518 by Capriglione (R-Southlake)/SB 1333 by Hughes (R-Tyler)/HB 4031 by Ashby (R-Lufkin)/ HB 4223 by Troxclair (R-Austin)/HB 4467 by Hickland (R-Belton): Adds § 32.56, Penal Code, to create an offense for knowingly presenting to another person a false, fraudulent, or fictitious document purporting to be a lease agreement or other conveyance of an interest in real property. Adds § 32.57, Penal Code, to create an offense for knowingly listing real property for sale or lease to which the offeror does not have legal title. Allows the owner of residential real property to request the sheriff to immediately remove a squatter. Once the owner’s complaint is verified, the sheriff must immediately give the squatter notice to vacate and restore the property to the owner. Immunizes a sheriff from liability for damage to property caused by the removal of a squatter. Creates a civil action for wrongful removal to recover actual damages, punitive damages, attorney’s fees, and costs. SB 465 referred to Senate Criminal Jurisprudence on 2/3. HB 414 referred to House Trade on 2/28. SB 1333 rereferred to Senate State Affairs on 3/20. HB 1076 referred to House Trade on 2/7. HB 2105 referred to House Trade on 3/14. HB 2131 referred to House Trade on 3/14. HB 2454 referred to House Trade on 3/17. HB 3003 referred to House Trade on 3/20. HB 3274 referred to House Trade on 3/20. HB 3518 referred to House Trade on 3/24.

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

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

HB 1099 by Cole (D-Austin)/HB 2900 by Simmons (D-Houston): Requires a residential landlord to provide and maintain a functioning air conditioner in the tenant’s unit. Requires a landlord who violates this mandate to provide a portable unit or alternative housing until the situation is remedied. Referred to House Trade on 3/7.

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. Referred to House Trade on 3/7.

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. Referred to House Trade on 3/7.

HB 1206 by J. Gonzalez (D-Dallas)/SB 759 by Cook (D-Houston): Requires a residential landlord to provide written notice of any recurring fees other than rent prior to the tenant executing the lease. Relieves the tenant of the obligation to pay a recurring fee is it is not disclosed. SB 759 referred to Senate Business & Commerce on 2/7. HB 1206 referred to House Trade on 3/7.

HB 1247 by Zwiener (D-Driftwood): Provides that if a landlord violates § 92.008, Property Code (interruption of residential tenant’s electricity), the tenant may recover the security deposit (current law allows recovery of actual damages, one month’s rent plus $1,000, and attorney’s fees). Prohibits the landlord from recovering delinquent rent after a violation. Referred to House Trade on 3/10.

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. Referred to House Trade on 3/10.

HB 1369 by V. Jones (D-Dallas): Creates a cause of action for actual damages, statutory punitive damages of $1,000, and attorney’s fees of up to $10,000 for disclosure of residential eviction case information made confidential by a court, if the court determines that it is in the interest of justice to seal the information and that interest is not outweighed by the public interest in disclosure of the information. Allows the assessment of punitive damages without actual damages. Directs SCOTX to adopt rules implementing the statute. Referred to House Trade on 3/11.

HB 1711 by Collier (D-Dallas): Amends § 24.005, Property Code, to require a landlord to give a residential tenant in writing 5 days’ to cure a default for nonpayment of rent or other default before the landlord can give notice to vacate. Referred to House Trade on 3/14.

HB 1860 by Cole (D-Austin): Adds § 92.007, Property Code, to require a landlord of a multiunit residential complex who maintains a tenant online portal to use the portal to inform each tenant of the tenant’s proportional share of property taxes levied on the property. Referred to House Trade on 3/14.

HB 2031 by Richardson (R-McKinney): Amends § 92.026, Property Code, to impose a civil penalty on a landlord for violating the tenant’s right to possess a firearm on the landlord’s property under prescribed conditions. Enforcement by the attorney general with attorney’s fees and costs. Provides a right to cure. Referred to House Trade on 3/14.

HB 2184 by Meza (D-Irving): Allows a tenant, on notice to the landlord, to terminate a lease and vacate the premises without liability if severe weather causes an outage of essential utility services. Referred to House Trade on 3/14.

HB 2214 by Walle (D-Houston): Permits a notice of a leased dwelling’s location in a floodplain to be included in a paragraph in the lease or as an addendum to the lease, as well in a separate addendum. Requires the landlord and tenant to sign the document in which the notice is provided to evidence the provision and receipt of the notice. Exempts from the notice requirement leases with a term of less than 30 days or temporary residential occupancy in which a buyer occupies the property prior to closing or the seller occupies the property after closing for a specific term not exceed 90 days. Referred to House Trade on 3/14.

HB 2578 by Walle (D-Houston): Requires a court with original or appellate jurisdiction over landlord and tenant disputes to report by category each case filed in the court, including eviction suits, suits involving the disconnection of utilities, repair and remedy suits, suits involving security deposits, suits involving unlawful lockouts, suits involving the provision of security and safety devices, and any other related matter. Requires OCA to publish certain information on its publicly accessible website, including whether the landlord was represented by legal counsel, whether the tenant was represented by legal counsel or an agent, the court in which the case was filed, and disposition of the case. Referred to House JCJ on 3/17.

HB 2901 by Simmons (D-Houston): Amends § 91.102, Property Code, to limit the amount of a security deposit to one month’s rent. Referred to House Trade on 3/19.

HB 2903 by Simmons (D-Houston): Requires the landlord to acknowledge receipt in writing of a tenant’s notice to repair or remedy within two business days of receipt of the notice and to include a statement of the tenant’s rights and remedies. Referred to House Trade on 3/19.

HB 2904 by Simmons (D-Houston): Limits the amount by which a landlord may increase rent from lease period to lease period to 5% for affordable housing and 10% for all other housing. Makes a landlord liable to a tenant for three times the amount of rent charged for violations. Referred to House Trade on 3/19.

HB 2905 by Simmons (D-Houston): Limits the amount a landlord may charge for an application fee to processing cost and cost of determining eligibility to lease. Authorizes the Texas Real Estate Commission to assess administrative penalties of $1,000 for the first violation and $2,000 for subsequent violations. Referred to House Trade on 3/19.

HB 2907 by Simmons (D-Houston): Allows a tenant to recover from the landlord or landlord’s agent for an authorized use of the tenant’s name or likeness for a commercial purpose in the amount of one month’s rent, injunctive relief, and attorney’s fees. Referred to House Trade on 3/19.

HB 2909 by Simmons (D-Houston): Authorizes a court to expunge records of a residential eviction suit in the interests of justice. Makes a person who retains a record subject to an expunction order liable for actual damages, statutory punitive damages of $1,000, and attorney’s fees. Referred to House Trade on 3/19.

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

HB 3497 by Vo (D-Houston): Defines “security deposit” to include any fee that the landlord requires the tenant to pay to a third party to cover future damages or lease violations and any fee the landlord charges in association with the tenant’s credit history or eviction history. Referred to House Trade on 3/24.

HB 4179 by LaHood (R-San Antonio): Adds § 92.0171, Property Code, to allow a tenant who is a first responder or dependent of a first responder to vacate a leased dwelling without liability under certain circumstances. Makes a landlord liable for violations for actual damages, one month’s rent plus $500, and attorney’s fees.

HB 5073 by González (D-Dallas): Requires a landlord to furnish the tenant with an account within 3 days of a request. Abates an eviction action until an account is provided. Allows a tenant or governmental agency or civic association acting on the tenant’s behalf to sue a landlord for noncompliance. Awards a prevailing party attorney’s fees and costs, as well as the greater of $500 or one month’s rent.

SB 340 by Eckhardt (D-Austin)/HB 3198 by Jones (D-Houston): Imposes a $500 penalty, plus a tenant’s attorney’s fees, on a residential landlord who fails include on the required printed notice setting out the landlord’s selection criteria a notice that the tenant may explain inaccuracies in the tenant’s criminal record, the tenant’s rehabilitation, or other mitigating factors. Further requires the landlord to provide the notice before accepting an application fee. Referred to Senate Business & Commerce on 2/3. HB 3198 referred to House Trade on 3/20.

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

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

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

SB 790 by Alvarado (D-Houston): Authorizes the PUC to adopt a simplified complaint procedure for tenants against an owner over a bill for water or wastewater services under Chapter 13, Water Code. Exempts such a procedure from the Administrative Procedures Act (Ch. 2001, Government Code). Received in House on 3/11.

SB 851 by Middleton (R-Galveston)/HB 2037 by Darby (R-San Angelo): Amends § 92.0561, Property Code, to require that repairs made pursuant to a tenant’s notice of intent to repair must be performed by an independent licensed repairman. Amends Sec. 94.107 to prescribe methods for a tenant to satisfy the notification of the tenant’s forwarding address for purposes of returning the security deposit. Amends Section 92.109(d) to provide that the landlord is presumed to have acted in bad faith if the tenant has surrendered possession and the tenant has complied with the notice requirement. SB 851 referred to Senate B&C on 2/13. HB 2037 referred to House Trade on 3/14.

SB 948 by Johnson (D-Dallas)/HB 2223 by Collier (D-Dallas): Adds § 24.012, Property Code, to require a court to seal eviction case information pertaining to the tenant if the judgment favors the tenant, is dismissed with no relief to the landlord, or a residential tenant is not on default and the suit was brought pursuant to a foreclosure. Creates a cause of action if a person discloses confidential eviction information. Authorizes recovery of actual damages or statutory punitive damages of $1,000, costs, and attorney’s fees. Requires the court to award punitive damages if the plaintiff cannot show actual damages. SB 948 referred to Senate Business & Commerce on 2/13. HB 2223 referred to House Trade on 3/14.

SB 1802 by Alvarado (D-Houston): Imposes a duty of diligence on a landlord to repair a mobility assistance device, including a ramp, elevator, or hand rail, that was provided as an amenity at the time the tenant signed the lease. Makes a landlord liable for failing to provide and maintain such a device. Requires the landlord to forego rent and provide alternative housing until the device is repaired or end of the tenant’s lease term, whichever is earlier. Referred to Senate B&C on 3/14.

SB 1904 by Kolkhorst (R-Brenham): Requires a court to set a residential eviction case for trial between the 10^th and 21^st day after suit is filed. Requires a court, in the event of a default judgment, to issue a writ of possession immediately upon demand and payment of fees. Requires the sheriff or constable to execute the writ within 10 business days. Referred to Senate B&C on 3/17.

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

SB 2179 by Hagenbuch (R-Denton)/HB 4470 by Hayes (R-Denton): Amends § 92.017(b), Property Code, to allow a servicemember or spouse of a servicemember to terminate a lease without further liability under certain circumstances. Referred to Senate Veteran’s Affairs on 3/24.

SB 2302 by Johnson (D-Dallas): Prohibits a landlord from requiring a tenant to pay a recurring fee or charge for a non-optional service. Referred to Senate Business & Commerce on 3/25.

SB 2524 by Miles (D-Houston)/HB 5241 by Simmons (D-Houston): Adds Chapter 32, Property Code, to prohibit a landlord from maintaining residential real property in an unsafe, unsanitary, or uninhabitable condition. Provides for presuit notice by a district or county attorney. Provides for enforcement by a district or county attorney by TRO, TI, or permanent injunction. Imposes a civil penalty of up to $100 per day.

SB 2834 by Johnson (D-Dallas): Adds § 24.001(c), Property Code, to require the justice court to set a forible entry and detainer case for hearing no later than 10 days after the petition is filed, subject to mandamus. Adds § 24/0071 to require a county court to schedule the trial court on an appeal from the justice court no later than 21 days after the appeal is filed in the justice court.

Employment Law

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

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

HB 323 by Spiller (R-Jacksboro)/HB 1019 by Shaheen (R-Plano): Requires a political subdivision to participate in the E-Verify program to verify information of all new employees. Subjects employees of the subdivision who violate the statute to termination. Heard in House Intergovernmental Affairs on 3/18. HB 1019 referred to House Intergovernmental Affairs on 3/7.

HB 762 by Leach (R-Plano)/HB 4317 by Bell (R-Magnolia)/HB 2237 by Bettencourt (R-Houston): 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. Heard in House Intergovernmental Affairs on 3/18.

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

HB 841 by Bernal (D-San Antonio)/HB 1298 by Bernal (D-San Antonio)/HB 1880 by Simmons (D-Houston): Adds Chapter 83, Labor Code, to require employers to provide paid sick leave annually. HB 1880 referred to House Subcommittee on Workforce on 3/14.

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. Referred to House State Affairs on 3/7.

HB 1191 by Manuel (D-Port Arthur)/HB 2466 by Reynolds (D-Missouri City): Prohibits an employer from inquiring into an employment applicant’s criminal history record (unless required by law) in an initial application. Permits an employer to inquire after determining that the applicant is otherwise qualified and has extended a conditional offer or invited the applicant to interview. Referred to House Subcommittee on Workforce on 3/7. HB 2466 referred to House Subcommittee on Workforce on 3/17.

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. Referred to House Subcommittee on Workforce on 3/11.

HB 1797 by Bucy (D-Austin): Prohibits a state agency or political subdivision from requiring employees or independent contractors to submit to drug testing for cannabinoids or from obtaining or writing a prescription for low-THC cannabis or using a consumable hemp product. Prohibits a state agency or political subdivision from asking an employee about the employee’s use of low-THC cannabis or consumable hemp products. Imposes liability on a state agency or political subdivision for threatened or actual violations of the law in a judicial or administrative proceeding. Entitles a prevailing claimant compensatory damages, injunctive relief, declaratory relief, and other relief, including attorney’s fees. Waives sovereign or governmental immunity. Shields users of medical marijuana from arrest, prosecution, or penalty, or denial of any right or privilege, including administrative or civil penalty or disciplinary action by a court or state licensing board. Referred to House State Affairs on 3/14.

HB 1882 by Simmons (D-Houston): Authorizes a business to establish or permit the establishment of an “employee-related group or organization, including an employee resource group or labor union” and “employee-inclusionary practices as part of its business operations or business model.” Provides a business with immunity from liability solely based on the establishment or existence of such a group, organization, or practices. Referred to House Subcommittee on Workforce on 3/14.

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

HB 2351 by Dutton (D-Houston): Adds Chapter 53, Labor Code, to make it a third degree felony for an employer to knowingly hire or employ a person not lawfully present in this state. Provides that it is not a defense that the employer classified the person as an independent contractor if the classification was not in accordance with Chapter 201 (unemployment compensation act). Referred to House State Affairs on 3/14.

HB 2472 by Simmons (D-Houston): Adds §61.021, Labor Code, to provide that a gratuity is the sole property of the tipped employee and to bar an employer from taking any part of it for any purpose. Makes a violation a third degree felony. Referred to House Subcommittee on Workforce on 3/17.

HB 2753 by Garcia Hernandez (D-Addison)/SB 2868 by West (D-Dallas): Adds § 21.2545, Labor Code, to authorize an individual to bring a civil action for damages or other relief arising from an unlawful employment practice based on sexual harassment, regardless of whether the individual has filed a complaint with TWC or, if the individual has filed a complaint, the complaint is still pending or the individual has not received notice of the right to sue. Provides that an action filed without a complaint must be brought not later than the second anniversary of the date the alleged unlawful practice occurred. Amends § 21.2585 to provide that the statutory caps in that section do not apply to the new civil action. Provides further that the cap on punitive damages does not apply.

HB 3191 by Button (R-Garland): Requires TWC to maintain a weblink to comprehensive, current information to help employers access child care. Establishes and regulates an employer child-care contribution program. Provides for a civil penalty of not more than $500 per violation for person who intentionally provides false information to TWC to receive benefits. Referred to House Trade on 3/20.

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

HB 4245 by Reynolds (D-Missouri City): Amends § 21.2585, Labor Code, to index the caps by the CPI as of September 1, 2025.

HB 4251 by Reynolds (D-Missouri City): Adds Chapter 24, Labor Code, to provide whistleblower protection against employers of “essential” workers or health care practitioners. Makes a violation an unlawful employment practice.

HB 4305 by Gates (R-Houston): Requires a residential landlord to provide written notice of any recurring fees other than rent prior to the tenant executing the lease. Relieves the tenant of the obligation to pay a recurring fee is it is not disclosed. Makes a landlord liable for an amount equal to the sum of $100, three times the amount of fee or charge illegally assessed, and attorney’s fees. Requires a landlord who advertises or lists property for lease to disclose monthly fixed fees. Creates a DTPA violation.

HB 4598 by Goodwin (D-Austin): Requires an employer to make an annual contribution of 0.15 on wages paid to the Workforce Commission for a child care services program. Excludes employers that provide self-funded child care services.

HB 5373 by Rodriguez Ramos (D-Richardson): Amends § 21.051, Labor Code, to add discrimination by caste to prohibited unlawful practices.

HB 5400 by J. Gonzalez (D-Dallas): Adds § 21.2545, Labor Code, to permit an individual to bring a civil action for damages arising from an unlawful employment practice based on sexual harassment regardless of whether the individual filed a grievance with TWC or filed a complaint, the complaint is still pending, or the individual has not received notice of right to sue. Establishes a two-year limitations period. No damages caps.

SB 2882 by Hughes (R-Tyler): Amends several sections of Chapter 21, Labor Code, to remove diversity language.

SB 324 by Kolkhorst (R-Brenham)/HB 1308 by Tepper (R-Lubbock)/HB 1488 by Louderback (R-Victoria)/HB 2744 by Vasut (R-Angleton)/HB 3681 by Lowe (R-North Richland Hills)/SB 2650 by Hall (R-Edgewood)/HB 3210 by Olcott (R-Aledo): Prohibits a state agency from awarding a contract for goods or services to a contractor or subcontractor unless they register with and participate in the E-verify program. Requires all employers to register with and participate in the E-verify program as a condition of a license, certificate, registration, permit, or other authorization that is required for a person to practice or engage in a particular business, occupation, or profession. Requires political subdivisions to participate in E-verify and terminate employees who don’t comply. HB 3681 requires employers to report a person who could not be verified and imposes a criminal penalty on an employer who violates the statute. SB 324 referred to Senate Business & Commerce on 2/3. HB 1308 referred to House State Affairs on 3/10. HB 1488 referred to House State Affairs on 3/11. HB 2744 referred to House State Affairs on 3/18. HB 3210 referred to House State Affairs on 3/20. HB 3681 referred to House State Affairs on 3/25.

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

Workers’ Compensation

HB 331 by Patterson (R-Frisco)/SB 1932 by Hinojosa (D-McAllen): Amends § 607.056, Government Code, to expand the heart attack or stroke presumption for first responders to “routine” stressful or strenuous physical activity that occurs not later than 8 hours after the end of the responder’s shift. Expands application of the presumption to activities involving law enforcement. Referred to House Subcommittee on Workforce. SB 1932 referred to Senate Local Government on 3/17. HB 331 set for hearing in House Subcommittee on Workforce on 3/25.

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

HB 673 by S. Thompson (D-Houston): Mandates workers’ compensation benefits for first responders diagnosed with PTSD if it was caused by one or more events occurring in the course and scope of employment. Set for hearing in House Subcommittee on Workforce on 3/25.

HB 823 by S. Thompson (D-Houston): Amends § 408.001(b), Labor Code, to permit a decedent’s estate to recovery exemplary damages based on the employer’s gross negligence. Referred to House Subcommittee on Workforce on 3/4.

HB 875 by Spiller (R-Jacksboro)/SB 1890 by Perry (R-Lubbock): Adds § 271.909, Local Government Code, to provide that a municipality need not require that a contractor be covered by workers’ compensation insurance or obtain a performance bond if the project contracted for is for an amount less than one percent of the municipality’s most recently adopted budget. Referred to House Subcommittee on Workforce on 3/4. SB 1890 referred to Senate Local Government on 3/17.

HB 1066 by Bhojani (D-Euless): Restricts the use of telemedicine medical services to certify maximum medical improvement under certain conditions. Referred to House Subcommittee on Workforce on 3/7.

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. Referred to House Subcommittee on Workforce on 3/10.

HB 1667 by Canales (D-Edinburg): Expands workers’ compensation coverage for first responders for post-traumatic stress disorder to state employees and employees of institutions of higher education (current law applies only to political subdivisions). Adds advanced EMTs to coverage. Referred to House Subcommittee on Workforce on 3/12.

HB 1691 by Bumgarner (R-Flower Mound): Amends § 607.055(b), Government Code, to expand the cancer presumption for first responders to include “any cancer that may be caused by exposure to heat, smoke, radiation, or a known or suspected carcinogen as determined by the International Agency for Research on Cancer.” Referred to House Subcommittee on Workforce on 3/12.

HB 2009 by Hernandez (D-Houston): Requires a fire department of offer an annual occupational medical examination to each fire fighter at no cost. Requires the exam to screen for cancer and other occupational diseases. Referred to House Intergovernmental Affairs on 3/14.

HB 2369 by Patterson (R-Frisco): Adds § 408.0042, Labor Code, to require the TWCD, at the request of a custodial officer, detention officer, emergency medical technician, firefighter, or peace officer, to authorize the performance of a medical exam to define the compensable injury regardless of whether an exam was previously performed. Requires the treating doctor to submit the report to the insurer and the division. Amends § 409.021 to waive the insurer’s right to contest the extent of the injury to a custodial officer, detention officer, emergency medical technician, firefighter, or peace officer if it does not contest the report within 60 days of receipt. Amends § 409.022 to require a contesting carrier to state the specific reasons for contesting the claim and provide evidence upon which the determination is based. Adds § 410.170 to require the insurer to directly reimburse the injured custodial officer, detention officer, emergency medical technician, firefighter, or peace officer for all medical expenses incurred in relation to the injury if the carrier denied the claim, the ALJ determined that the injury was compensable, and the ALJ’s decision was not appealed and became final. Further requires the insurer to directly reimburse the employee’s medical expenses if the appeals panel affirms the ALJ’s determination that benefits are owed or reverses the ALJ’s determination that benefits are not owed. Requires the insurer to pay reimbursement regardless of whether the ALJ awarded benefits by written opinion and regardless of whether the insurer seeks judicial review. Referred to House Subcommittee on Workforce on 3/14.

HB 2387 by Leo-Wilson (R-Galveston): Adds chaplains to the list of first responders entitled to certain presumptions and benefits under the workers’ compensation statutes. Referred to House Subcommittee on Workforce on 3/14.

HB 2414 by Cole (D-Austin): Adds § 408.0061 [replacing current § 504.019], Labor Code, to add to the definition of “first responder” both state employees and employees of institutions of higher education. Creates a presumption that post traumatic stress disorder is compensable unless it is shown by a preponderance of the evidence that the injury occurred outside of employment and no event or events that occurred inside course and scope were a producing cause of the injury. Makes a number of conforming changes. Referred to House Subcommittee on Workforce on 3/17.

HB 2488 by Bell (R-Forney): Adds § 410.0055, Labor Code, to authorize the worker’s compensation division to conduct a remote contested case hearing on a determination of good cause or mutual agreement of the parties. Set for hearing in House Subcommittee on Workforce on 3/25.

HB 4415 by Gamez (D-Brownsville): Allows any public employee to directly sue a governmental entity for discrimination arising from a workers’ compensation claim. Waives governmental immunity.

HB 5412 by Lambert (R-Abilene): Amends § 401.013(a), Labor Code, to change the definition of “intoxication” to include an involuntary introduction into the body of an intoxicating substance, which is expanded to include an abusable volatile chemical. Provides that an analysis of a specimen of blood, urine, or any bodily fluid collected during an autopsy that shows the presence of an intoxicating substance creates a rebuttable presumption that the person was intoxicated. Provides that the presumption can only be rebutted by credible and objective evidence.

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

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

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

SB 264 by Perry (R-Lubbock): Winds down the Texas self-insurance group guaranty fund and trust fund under the Texas Workers’ Compensation Act. Reported from Senate Business & Commerce on 3/26.

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

Pandemic Liability/Emergency Powers

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

HB 468 by Harrison (R-Midlothian): Bars the executive commissioner of HHSC from adding new immunizations to the list of required immunizations for elementary and secondary schools. Prohibits a governmental entity from requiring anyone to get an immunization, with the exception of elementary and secondary schools. Bars a school from excluding a student who refuses immunization for religious reasons in times of emergency or epidemic disease. Referred to House Public Health on 2/28.

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

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

HB 1165 by Hinojosa (D-Austin): Requires the governor to submit to the Legislature, not later than 30 days after declaring or renewing a state of disaster, a report detailing contracts entered into without competitive bidding, federal money received, expenditures or expenditure plans for federal money, and each state agency or program receiving federal money or state matching funds. Referred to House DOGE on 3/7.

HB 1356 by Schatzline (R-Fort Worth)/HB 3392 by Swanson (R-Spring): Imposes a civil penalty of $50,000 against a health care provider who denies or refuses to provide a treatment, procedure, or service based on the person’s vaccination status. Referred to House Public Health on 3/19. HB 3392 referred to House Public Health on 3/21.

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. Referred to House State Affairs on 3/10.

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

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

SB 871 by Birdwell (R-Granbury): Amends § 418.004(1), Government Code, to exclude from the definition of “disaster” a natural or man-made cause “unrelated to the use of force or violence such as civil unrest, riots, or insurrection.” Adds § 418.0126 to give the legislature sole authority to restrict or impair the operation or occupancy of businesses to respond to a disaster, in consultation with the county judge of each affected county. Requires the governor to call a special session if the governor finds that the authority of the legislature should be exercised. Adds § 418.014(c-1), Government Code, to require the governor to call a special session in order to renew or extend a declared state of emergency. Bars the governor from declaring a new state of disaster based on the same or a substantially similar finding as a prior state of disaster that was terminated or not renewed by the legislature. Amends § 418.055, Government Code, to require the governor and an affected state agency to publish a list of rules suspended by the governor in a state of emergency. Adds § 418.0165, Government Code, to bar the governor from suspending Chapter 433 (state of emergency) or a law or rule related to the application of the Texas Sunset Act (Ch. 325, Government Code) if the suspension results in the continuation of an agency beyond the sunset date. Limits suspension of a provision of the Code of Criminal Procedure, Election Code, or Penal Code only during the first 30 days of a declared state of disaster (if the governor wants to extend these further, he has to call a special session). Amends § 418.027, Government Code, to provide that a state declaration of disaster pre-empts a local declaration unless expressly authorized by the governor. Adds § 433.0025, Government Code, to give the legislature exclusive authority to restrict or impair the operation or occupancy or businesses during a disaster. Heard in Senate State Affairs on 3/27.

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

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

SJR 40 by Birdwell (R-Granbury): Amends § 8, Article IV, Texas Constitution, to require the governor to call a special session to renew a state of disaster if the disaster: (1) exists in at least 2/5 of the state’s counties; (2) affects at least half the state’s population; or (3) affects at least 2/3 of counties in each of three or more trauma service areas. Bars a state of disaster or emergency from last more than 30 days unless renewed or extended by the legislature (90 days for a nuclear or radiological event). Amends § 3, Article V, Texas Constitution, to grant standing to a member of the legislature to challenge the governor for not complying with special session requirement and to vest original jurisdiction in SCOTX for the challenge. Heard in Senate State Affairs on 3/27.

Artificial Intelligence/Data Privacy

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

Prohibits development or deployment of an AI system to incite a person to commit self-harm, harm another, or engage in criminal activity;
Prohibits an AI system to intentionally use deceptive practices under the DTPA;
Prohibits a government entity from using AI system to assign social scores;
Prohibits a government entity from developing or deploying AI systems with biometric identifiers and targeted or untargeted gathering o images or media for the purpose of uniquely identifying a specific individual;
Prohibits an AI system from being deployed or developed that intentionally results in political viewpoint expression;
Prohibits an interactive computer service from using an AI system to discriminate a user based on political speech (except for illegal hate speech, obscenity, unlawful deep fake images, or in violation of intellectual property rights);
Prohibits development or deployment of an AI system that unlawfully discriminates against a protected class;
Prohibits development or deployment of an AI system with the sole intent of producing or distributing unlawful visual material;
Attorney general enforcement with civil investigative demand authority;
Provides for notice of violation and opportunity to cure;
Authorizes administrative fines of up to $12,000 per uncured violation, with attorney’s fees and costs;
Authorizes an administrative fine of up to $200,000 for an uncurable violation;
Authorizes an administrative fine of to $40,000 for an ongoing violation;
Authorizes state agencies to sanction regulated persons and assess penalties of up to $100,000.

Referred to House DOGE on 3/14.

HB 235 by Guillen (R-Rio Grande City): Amends § 98B.002, CPRC, to impose liability on a defendant to a person depicted in intimate visual material without consent if the depiction shows a person who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, and whose image was used in creating, adapting, or modifying the intimate visual material, including CGI using an artificial intelligence application or other software. Referred to House Criminal Jurisprudence on 2/27.

HB 387 by Leo-Wilson (R-Galveston)/HB 1092 by Shaheen (R-Plano): Expands the criminal offense of producing or distributing a sexually explicit deep fake video to include a deep fake image as well. Referred to House Criminal Jurisprudence. HB 1092 referred to House Criminal Jurisprudence on 3/7.

HB 401 by M. Gonzalez (D-El Paso)/SB 893 by Johnson (D-Dallas)/HB 2795 by Talarico (D-Austin): Expands the election law offense of creating or distributing a deep fake video with the intent to injure a candidate or influence the election to apply to all such videos, not only those produced or distributed within 30 days of the election. SB 893 referred to Senate State Affairs on 2/13. HB 401 referred to House Elections. SB 983 passed Senate on 3/24.

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

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

HB 449 by M. Gonzalez (D-El Paso)/SB 1108 by Parker (R-Flower Mound)/HB 2551 by Fairly (R-Amarillo): Expands § 21.165, Penal Code, to prohibit a person from, without effective consent, for knowingly producing a deep fake image or deep fake video of the person. SB 1108 referred to Senate Criminal Justice on 2/24. HB 449 referred to House Criminal Jurisprudence on 2/28. HB 2551 referred to House Criminal Jurisprudence on 3/17.

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

HB 1121 by Gamez (D-Brownsville): Amends § 98B.002, CPRC, to impose liability on a defendant to a person depicted in intimate visual material without consent if the depiction shows a person who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, and whose image was used in creating, adapting, or modifying the intimate visual material, including CGI using an artificial intelligence application or other software. Creates a parallel criminal offense. Referred to House Criminal Jurisprudence on 3/7.

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. Referred to House Public Health on 3/10.

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

Key Definitions:

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

New Statutory Duties for Developers:

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

New Statutory Duties for Deployers:

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

of algorithmic discrimination or inappropriate or discriminatory consequential decision

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

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

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

Unlawful Development/Deployment:

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

Enforcement and Penalties for Developers and Deployers:

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

Presumptions/Defenses:

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

Consumer Appeal

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

Constitutionality:

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

Pre-emption:

Pre-empts local ordinances

Exemptions:

Small business (USSBA definition)

New Consumer Rights under Data Privacy Act

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

New Controller and Processor Duties under Data Privacy Act

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

Referred to House DOGE on 3/14.

HB 1717 by Shofner (R-Nacogdoches): Amends §§ 43.26, .261, and .262, Penal Code (sexually explicit visual material involving children) to cover images created by AI or other computer technology that are indistinguishable to an ordinary person from an actual minor. HB 1717 referred to House Criminal Jurisprudence on 3/14.

HB 2298 by Lalani (D-Sugar Land): Directs HHSC to establish a grant program for hospitals and health care facilities that use AI to scan medical images for cancer detection. Referred to House Subcommittee on Disease on 3/14.

HB 2491 by Talarico (D-Austin): Adds Chapter 121, Business & Commerce Code, to prohibit the sale of algorithmic device services or products for the purpose of setting or recommending the amount of rent to be charged to a tenant for residential purposes. Bars the use of nonpublic competitor data pertaining to residential properties in Texas in algorithmic calculations. Applies the DTPA to violations. Referred to House Trade on 3/17.

HB 2922 by Spiller (R-Jacksboro)/SB 815 by Schwertner (R-Georgetown)/HB 4018 by Lalani (D-Sugar Land): Adds § 4201.156, Insurance Code, to prohibit a utilization review agent from using an AI-based algorithm as the sole basis for taking an adverse action against an enrollee on the basis of medical necessity or the appropriateness of health care services or items. Authorizes the commissioner of insurance to audit and inspect. SB 815 heard in Senate Business & Commerce on 2/27. HB 4018 further permits the use of AI in UR as long as the algorithm is non-discriminatory and does override the decision-making of a physician or other provider (subject to the sole basis prohibition). SB 815 passed Senate on 3/26.

HB 3388 by Paul (R-Webster)/SB 2596 by Middleton (R-Galveston): Requires an insurer during an application for a group property and casualty insurance policy to provide to each applicant a written disclosure of whether the policy has a shared aggregate limit and, if so, the amount of the limit. Requires the insurer to deliver to each member covered by the policy a copy of the certificate of insurance and a copy of the policy (within 30 days of issuance, delivery, or renewal). Allows an insurer to provide a personal lines property and casualty insurance policy to a permitted group (10 or more insureds with a preexisting relationship) under certain conditions. Referred to House Insurance on 3/21.

HB 3454 by Gamez (D-Brownsville): Requires an insurance company that pays a claim of total loss of personal property stored at a vehicle storage facility liable to the operator of the facility for delivery, storage, and disposal costs. Referred to House Insurance on 3/24.

HB 3755 by Capriglione (R-Southlake)/SB 2490 by Parker (R-Flower Mound): Adds § 503.001(f), Business & Commerce Code, to exempt from statutory requirements regarding the possession and destruction of biometric identifiers AI or related training, processing, or storage, unless performed for the purpose of uniquely identifying a specific individual. Further provides that if a biometric identifier is captured for the commercial purpose of AI is used for another and separate commercial purpose, the statute’s requirements and penalties apply. HB 3755 referred to House DOGE on 3/27.

HB 3808 by Harrison (R-Midlothian): Establishes an AI Advisory Council to study and monitor AI systems developed, employed, or procured by state agencies. Directs the Council to establish an AI learning laboratory. Referred to House DOGE on 3/26.

HB 4448 by Hickland (R-Belton): Requires a public school library to ensure that material the library intends to acquire is submitted to a third party approved by TEA to conduct an AI review of the material to determine whether it is sexually explicit. Requires an individual employed or contracted by the third party to verify the results. Establishes certain standards for third party providers. Confers standing on a parent to sue the school district to compel compliance.

HB 4455 by Bhojani (R-Euless): Require the HHSC executive to adopt rules regulating the use of AI by health care providers.

HB 5118 by Bhojani (D-Euless): Prohibits a employer from using AI to make an employment decision unless the employer conducts an independent bias audit and posts the results on its website. Requires disclosure to an applicant.

HB 4635 by Garcia Hernandez (D-Farmers Branch): Requires a health insurer or HMO that denies a claim based on an AI determination to provide the claimant with notice of the basis of the denial and instructions on how to appeal.

HB 5282 by Hinojosa (D-Austin): Prohibits the use of AI to score a constructed response on an assessment instrument administered to public school students, except under specified conditions.

HB 5517 by Darby (R-San Angelo): Creates a cause of action by a user against a social media platform for equitable relief to compel the platform to remove a sexually explicit artificially generated image or video that constitutes a Penal Code offense for which the user submitted a good faith complaint. Allows recovery of costs and attorney’s fees.

HB 5496 by Bhojani (D-Euless): Requires a person who uses artificial intelligence in conducting business or providing a good or service, including operating or providing access to a social media platform, creating or distributing political advertising, or providing financial services, to implement and maintain best practices industry standards of the AI industry, provide a tool allowing an individual to detect AI, make available an explanation of how and why the AI reached a decision, and ensure that AI does not discriminate against an individual. Enforcement under the DTPA.

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

SB 382 by Middleton (R-Galveston)/HB 2400 by Leo-Wilson (R-Galveston): Prohibits a school district or open-enrollment charter school from using AI in classroom instruction or to replace or supplement a teacher’s role in providing instruction or interacting with students in providing instruction. Referred to Senate Education K-16 on 2/3. HB 2400 referred to House Public Ed on 3/14.

SB 441 by Hinojosa (D-McAllen): Adds § 98B.0021, CPRC, to impose liability on a defendant to a person depicted in AI intimate visual material for damages arising from the production, solicitation, disclosure, or promotion of the material if: (1) the defendant produces, solicits, discloses, or promotes the material without the effective consent of the person and with intent to harm the person; (2) the production, solicitation, disclosure, or promotion of the material causes harm to the depicted person; and (3) the production, solicitation, disclosure, or promotion of the material reveals the identity of the depicted person in any manner (including subsequent information or material related to the material or information provided by a third party in response to the disclosure of the material). Imposes liability on the owner of an Internet website, including a social media platform, and payment processors for damages arising from the production or disclosure of the material if the person knows or recklessly disregards that the depicted person did not consent. Provides that an Internet website owner is liable if the person depicted in the video requests the website to remove the material and the website fails to do so within 72 hours notify the requestor within 24 hours that the owner received the request or remove the material within 72 hours. Requires the owner of an Internet website, including a social media platform, to make available an easily accessible system allowing a person to submit a request to remove material. Requires a court to inform the claimant that the claimant may use a confidential identity in relation to the suit. Limits knowledge of the claimant’s identity to the judge, a party to the suit, the attorney representing a party, or a person authorized by written order of the court specific to that person. Requires the court to order a person entitled to know the claimant’s identity not to divulge the information, on penalty of contempt. Establishes a 10-year limitations period from the date the person depicted reasonably discovers the material or the person depicted turns 18 years of age. Received in House on 3/19.

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. Passed the Senate on 3/12.

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

SB 726 by Hughes (R-Tyler)/HB 3285 by Hefner (R-Mt. Pleasant): Adds Chapter 611, Business & Commerce Code, to require a smart device operator (defined as a manufacturer, another person who remotely operates, monitors, or updates a device, another person who provides digital or physical services to a user, or a person who receives or has the capacity to receive a user’s personal data) to develop and offer users a mobile app that contains specified information and disclosures regarding the capture and collection of user data (including identifying the persons who have access to the data and any third parties with whom data is shared). Requires the operator to update the information on a monthly basis. Requires the mobile app to allow a user to stop data collection or the use of any audio, video, or biometric recording feature of the device. Requires the operator to provide quarterly notice to a user of the availability of the app and the methods by which the user may customize data collection. Requires notice to be sent by text, email, or regular mail and as part of the communication regarding the app itself. Referred to Senate Business & Commerce on 2/7. HB 3285 referred to House Trade on 3/20.

SB 1188 by Kolkhorst (R-Brenham)/HB 4503 by Bonnen (R-Friendswood): Adds Chapter 183, Health & Safety Code, to require medical facilities, health care practitioners, and governmental entities to store all electronic health record information of Texas residents only at a US location and to ensure that the records are inaccessible to any person located outside the US. Requires a health record to contain the individual’s medical history and any communications between a practitioner and a specialty health care practitioner related to the individual’s metabolic health and diet in the treatment of a chronic disease or illness. Prohibits the collection or storage of information related to an individual’s credit score or voter registration status. Requires a practitioner who uses AI for diagnostic or other purposes to review all information obtained through AI to ensure the accuracy of the information for that patient before entering the information in the patient’s electronic health record. Requires facilities, practitioners, or governmental entities to allow a minor’s parent, guardian, or conservator to fully access the minor’s electronic health record unless access is restricted under other law. Requires the TMB and TDI to ensure that each electronic health record include a separate space for the practitioner to document the individual’s biological sex, information on sexual disorders, and any algorithm or decision assistance tool to assist a practitioner in making a medical treatment decisions based on the individual’s biological sex. Enforcement by disciplinary action of the appropriate state licensing agency. Heard in Senate HHS on 3/18.

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

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

SB 1643 by Schwertner (R-Georgetown): Requires prior approval by the commissioner of insurance of a rate increase of more than 10% for residential property or personal auto insurance. Heard in Senate Business & Commerce on 3/27.

SB 1791 by Middleton (R-Galveston)/HB 5017 by Morgan (R-Richmond): Adds § 1952.061, Insurance Code, to require an personal auto insurer to include in a policy a requirement that the insurer will attempt to communicate with the named insured at least 5 times or until the insured responds during the 45-day period following the date of a liability claim against the insured, and if the insurer is unable to communicate in that time, the insurer must pay the claim and decline to renew the policy. SB 1791 heard in Senate Business & Commerce on 3/27.

SB 1822 by Johnson (D-Dallas): Requires an issuer to publish on its website a disclosure regarding the issuer’s use of AI-based algorithms in its utilization review process. Requires an issuer to submit an AI-based algorithm and training data sets that may be used in utilization review to TDI for certification that they have minimized the risk of discrimination and adhere to evidence-based clinical guidelines. Heard in Senate HHS on 3/18.

SB 2267 by Cook (D-Houston): Makes it an unfair method of competition or unfair or deceptive act or practice of insurance for an insurer or HMO to steer or direct an enrollee to use a certain emergency care facility. Does not create a private cause of action. Referred to Senate HHS on 3/25.

SB 2473 by Menendez (D-San Antonio): Requires a state agency to disclose to an applicant that an AI took may be used to assess the application. Prohibits discrimination.

SB 2661 by Perry (R-Lubbock)/HB 5560 by Harris (R-Palestine): Increases civil penalties set by groundwater districts from $10,000 to $25,000.

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

SB 2991 by Johnson (D-Dallas): Adds Chapter 95, Labor Code, to prohibit an employer from using AI that includes as a factor for hiring status in a protected class under state or federal law or the residential zip code of the applicant. Requires the employer to notify any applicant that an AI tool will be used and to obtain written consent from the applicant for the use. Prohibits an employer from sharing an assessment made by an AI tool. Requires the employer to destroy any hard copy and erase any electronic data file with the assessment within 30 days of the use of an AI tool. Enforcement by the TWC as an unlawful employment practice. Authorizes the TWC to assess an administrative penalty of up to $7,500 per violation.

SB 2738 by Johnson (D-Dallas): Prohibits a person from inducing another person to enter into a commercial transaction through the use of a bot account in a manner likely to mislead a reasonable person as to the identity of the account user. Applies the DTPA to a violation. Adds an Election Code violation for civil penalties up to $8,000.

Administrative Procedures

HB 10 by Capriglione (R-Southlake): Establishes the Texas regulatory efficiency office. Provide that a court is not required to give difference to state agencies, legal determination regarding the construction validity or applicability of a law or rule adopted by the state agency. Requires a reviewing court to review all questions of law de novo, including the interpretation of constitutional or statutory provisions or rules adopted by a state agency, without giving difference to legal determination by state agency. Reported as substituted from House DOGE on 3/25.

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

HB 587 by Harrison (R-Midlothian)/HB 3836 by Curry (R-Waco): Requires permanent or emergency rules adopted by a state agency to be approved by the statewide elected official responsible for the agency. Referred to House Delivery of Government Efficiency on 3/4. HB 3836 referred to House DOGE on 3/26.

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

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

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

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

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

HB 1259 by Tepper (R-Lubbock): Establishes the State Agency Rules Review Commission to approve or disapprove state agency rules (the bill sets up an incredibly cumbersome process for rule review). Referred to House DOGE on 3/10.

HB 2015 by Zwiener (D-Driftwood): Amends § 54.015, Water Code, to require a petition for creation of a municipal utility district to include a water conservation plan. Referred to House Land and Resource Management on 3/14.

HB 2335 by Cain (R-Houston): Adds § 2001.008, Government Code, to require a state agency to readopt, readopt with amendments, or repeal a rule that implements, interprets, or prescribes a law or policy of this state that incorporates by reference a document that is not the law or policy of this state, and as a result of an amendment to that document the rule would allow the expansion of the agency’s regulatory authority or impose a greater economic burden on regulated persons or the state economy. Referred to House DOGE on 3/14.

HB 2445 by Dutton: Adds § 361.042, Health and Safety Code (Solid Waste Disposal Act), to require TCEQ to set each carcinogenic risk level used by the commission at a rate not greater than one in a million. Referred to House Environmental Reg on 3/17.

HB 3146 by Bumgarner (R-Flower Mound): Repeals § 12.032(a), (e) (MOU between the Ag Commissioner and SOAH to conduct administrative hearings); § 22.018, Human Resources Code (MOU between HHS and SOAH); §§ 40.066(a), (b). and (d), Human Resources Code (MOU between DSPS and SOAH); § 40.004, Insurance Code (MOU between TDI and SOAH); § 402.073(a), Labor Code (MOU between TDI and SOAH for workers’ comp cases); and § 524.033(c) and (d), Transportation Code (MOU between DPS and SOAH). Sends contested cases directly to SOAH. Referred to House DOGE on 3/20.

HB 5050 by Harrison (R-Midlothian): Requires a court to award attorney’s fees and costs to a prevailing nongovernmental party in a contested case. Further mandates that the ALJ award attorney’s fees in any regulatory action (currently discretionary and only in a frivolous proceeding).

HB 5083 by Patterson (R-Frisco): Adds § 2001.008, Government Code, to prohibit a state agency from adopting a rule or issuing a guidance document without express granted statutory delegation of authority. Requires a cost-benefit analysis for each rule. Sunsets agency rules after 12 years.

SB 14 by King (R-Weatherford): Establishes the Texas Regulatory Efficiency Office. Provides that court is not required to give deference to a state agency’s construction of a rule. Directs a court to review questions of law de novo. Passed Senate on 3/26.

SB 138 by Hall (R-Edgewood)/HB 2338 by Frank (R-Wichita Falls): Amends § 2001.0045(c), Government Code (the Administrative Procedures Act), to require a rule that is necessary to protect the health, safety, and welfare of Texas residents to comply with the mandate that an agency cannot adopt a rule that increases costs to the regulated people or entities unless it repeals or amends another rule to offset that cost. Makes any rule adopted in violation of that mandate voidable. SB 138 referred to Senate Business & Commerce on 2/3. HB 2338 referred to House DOGE on 3/14.

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

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

SB 1474 by Hall (R-Edgewood): Requires a majority of both houses of the legislature to adopt an agency rule that has been withdrawn on two prior occasions. Requires a majority of both houses of the legislature to approve a rule adopted during the preceding interim if at lease 52 percent of the written and oral comments concerning the rule expressed disapproval. Requires each emergency and proposed rule be referred to a standing committee of each house. Requires the committee, within 30 days of submission, to consider the rule in public hearing. Requires unanimous approval to adopt or the rule is suspended until consideration by that house. Referred to Senate B&C on 3/6.

SB 1479 by Hall (R-Edgewood): Limits a state agency’s authority to adopt an emergency rule to a period in which a state of emergency declaration or disaster declaration has been issued by the governor. Referred to House B&C on 3/6.

SJR 61 by Hall (R-Edgewood): Proposes a constitutional amendment authorizing legislative review or approval of rules and adopted by state agencies. Referred to House B&C on 3/6.

Jury Matters

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

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

HB 1957 by Smithee (R-Amarillo): Amends § 62.106, Government Code, to lower the jury service exemption from over 75 to over 65. Referred to House JCJ on 3/14.

HB 2637 by DeAyala (R-Houston): Adds § 30.0071, CPRC, to require a party to a civil action seeking a jury trial to file a written demand for a jury trial with the court clerk and pay a $50 jury fee at least 30 days before the first scheduled trial date. Amends § 62.102, Government Code (general qualifications for jury service), to disqualify a convicted felon. Amends § 62.106(a), Government Code, to lower the exemption age to 75 (currently “over 75). Amends § 62.109, Government Code, to authorize the district clerk to exempt from jury service a person with a physical or mental impairment or with an inability to comprehend or communicate in English. Requires the district clerk to maintain a list of persons permanently or temporarily disqualified. Referred to House JCJ on 3/18.

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

SB 1888 by Sparks (R-Midland)/HB 4749 by Landgraf (R-Odessa): Provides that in a county of less than 25,000, the jury wheel may be reconstituted by using voter registration lists and holders of valid Texas driver’s licenses or valid DPS-issued identification cards. Qualifies otherwise qualified jurors in those counties who reside in a county contiguous to the summoning county. Referred to Senate Jurisprudence on 3/17.

Insurance

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

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

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

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

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

HB 1250 by Martinez Fischer (D-San Antonio): Makes the Commissioner of Insurance a statewide elected office with a four-year term coinciding with the governor. Referred to House Insurance on 3/10.

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. Referred to House Insurance on 3/11.

HB 1809 by Hernandez (D-Houston)/SB 1238 by Kolkhorst (R-Brenham)/HB 4392 by Morgan (R-Richmond): Amends § 544.002, Insurance Code, to bar an insurer from refusing to provide coverage or providing differential coverage on the basis that an individual is widowed. Heard in Senate Business & Commerce on 3/27. HB 1809 referred to House Insurance on 3/14.

HB 1959 by Frank (R-Wichita Falls)/SB 926 by Hancock (R-Richland Hills): Adds § 843.322, Insurance Code, to authorize an HMO to provide incentives for enrollees to use certain physicians or providers through modified deductibles, copayments, coinsurance, other cost-sharing provisions. Imposes on an HMO a fiduciary duty to engage in cost-sharing incentives or establishing a tiered network plan for the primary benefit of the enrollee or group contract holder. Adds § 1301.0047, Insurance Code, to apply the same provision to insurers. Amends § 1460.003, Insurance Code, to allow a health benefit plan issuer from publishing physician rankings or classifications into tiers unless: (1) the standards are promulgated by commission rule; (2) the issuer discloses the ranking to the affected physician at least 45 days in advance of publication and identifies which products or networks the ranking will be used for; and (3) the issuer gives each physician an easy-to-use process to identify discrepancies between the standards and the physician’s ranking. (Current law is similar, but the bill requires the commissioner to adopt the standards by rule, whereas current law allows the issuer to use nationally-recognized standards.) Amends § 1460.005(c), Insurance Code, to limit the commissioner’s discretion in adopting standards to certain, “unbiased” organizations that are nationally-recognized, have publicly-transparent criteria, and uses risk-adjusted outcomes and an easy-to-use process by which a provider may report errors and have them corrected. Referred to House Insurance on 3/14.

HB 2067 by Paul (R-Webster)/SB 1006 by Middleton (R-Galveston): Amends various sections of Chapter 551, Insurance Code, to require an insurer to provide a written statement of the reasons for declining an insurance policy (current law requires a statement only if requested). SB 1006 passed Senate on 3/26. HB 2067 referred to House Insurance on 3/14.

HB 2150 by Garcia Hernandez (D-Addison)/SB 177 by Menendez (D-San Antonio): Requires health benefit plans to have 24 hour/7 day coverage for telephone assistance and a two-hour response time if an agent is unavailable for reasons outside the plan’s control. SB 177 referred to Senate Health and Human on 2/3. HB 2150 referred to House Insurance on 3/14.

HB 2213 by A. Johnson (D-Houston): Amends § 2210.102(d), Insurance Code, to require three members of the TWIA board to reside outside the first tier coastal counties (current requirement is more than 100 miles from the Texas coastline). Referred to House Insurance on 3/14.

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

HB 2221 by Hull (R-Houston): Adds Chapter 1702, Insurance Code, to establish uniform standards for prohibited practices of life insurance, annuity contracts, accident and health insurance, and health care plans. Provides that a cost to an insurer, HMO, or agent of a loss-control or value-added product or service to an insured must be reasonable in comparison to the premiums or coverage for the class of the insured’s, annuitant’s, or enrollees policy or contract. Requires an insurer, HMO, or agent that provides a loss-control or value-added product or service to assure that the insured, annuitant, or enrollee is provided with contact information for purposes of assistance. Requires the insurer, HMO, or agent to base the availability of a loss-control or value-added product or service on objective criteria, offer the service or product on a basis that is unfairly discriminatory, and maintain documented criteria and produce the criteria at TDI’s request. Prohibits an insurer, HMO, or agent from offering or providing insurance, annuity, or health care plan coverage as an inducement to purchase another policy or contract or to use the words “free” or “no-cost” (or words of similar meaning) in an advertisement. Bars non-cash gifts, items, or services, including meals, to or charitable donations on behalf of a consumer under certain conditions. Bars raffles or drawings under certain conditions. Bars a life or annuity insurer from offering certain consumer inducements, such as rebates, special favors or advantage in dividends or other benefits, stocks, bonds, other securities, dividends, or anything of value not specified in the contract. Bars an insurer from permitting an agent, officer, or employee from offering certain inducements, such as stock, benefit certificates or shares, securities, or special contracts promising returns or profits. Bars unfair distinctions or discrimination between individuals of the same class and life expectancy regarding rates, benefits, dividends, or any other contract benefit. Prescribes parallel prohibitions for accident and health coverage. Referred to House Insurance on 3/14.

HB 2515 by Martinez Fischer (D-San Antonio): Adds § 541.062, Insurance Code, to make it an unfair method of competition or unfair or deceptive act or practice to require a consumer to bundle personal automobile and residential property insurance from the same insurer as a condition for the issuance of another auto or residential property policy. Referred to House Insurance on 3/17.

HB 2616 by Oliverson (R-Cypress): Adds Subchapter I, Chapter 1451, Insurance Code, to allow an HMO or accident and health insurer to enter into a contract with another health benefit plan issued by an HMO or accident and health insurer under which: (1) access to the services of health care practitioners will be provided through one of the contracting issuers to insureds or enrollees of the other issuer; and (2) compensation for access is under a fee-for-service arrangement, risk-sharing arrangement, or capitation arrangement, or any combination of these arrangements. Provides that payment of health care practitioners pursuant to an agreement between issuers is limited to fee-for-service. Referred to House Insurance on 3/18.

HB 2750 by C. Harris (R-Palestine): Adds Subchapter R, Chapter 1369, Insurance Code, to prohibit a health plan issuer with a financial interest in a PBM from requiring an enrollee to use the PBM. Referred to House Insurance on 3/18.

HB 3021 by Smithee (R-Amarillo)/SB 1644 by Schwertner (R-Georgetown): Adds § 559.058, Insurance Code, to require an insurer that uses credit scoring to use a consumer report issued not more than 90 days before the policy is first issued or renewed and to reassess the insured’s policy rating at least every 3 years. Requires the insurer to notify the insured of any change in the insured’s credit score and premiums. Requires the insurer, at the request of an insured, to re-underwrite and re-rate the policy based on a current credit report or insurance score not exceeding once each 12-month period. Allows an insured to opt-out of credit score updates, or the insured is in the most favorably priced tier of the insurer within a group of affiliated companies. Referred to House Insurance on 3/20. SB 1644 heard in Senate Business & Commerce on 3/27.

HB 3042 by Paul (R-Webster): Adds Chapter 1224, Insurance Code, to require a person to register with TDI before providing a laboratory claim integrity program in the state. Does not apply to a health benefit plan issuer or registered utilization agent. Establishes requirements for such programs. Bars a program from requiring the use of clinical decision support software by a physician or health care provider in advance of an order for lab work or to restrict or influence a provider’s choice of electronic health record software, medical record software, or electronic data interchange clearinghouse company. Provides that a denial or reduction in payment of a claim identified by a program as not meeting the benefit plan’s clinical lab testing reimbursement policy is not an adverse determination for purposes of Chapter 4201. Referred to House Insurance on 3/20.

HB 3265 by Darby (R-San Angelo): Prohibits a prescription drug manufacturer, repackager, logistics provider, third-party logistics provider, wholesale distributor, or agent of a prescription drug from discriminating against a covered entity, pharmacy, or pharmacist authorized to receive the drug on behalf of the covered entity, limiting the acquisition of a 340B drug, or requiring the submission of a claim or utilization data as a condition of receiving a 340B drug. Establishes a complaint process. Authorizes SDHS to revoke or suspend the license of a violator. Requires SDHS to refer violations to the attorney general for enforcement. Makes a violation a DTPA violation carrying a civil penalty of $50,000 per violation. Prohibits a health plan issuer or PBM from discriminating against a pharmacy or pharmacist with respect to reimbursement for a prescription drug regardless of whether the pharmacy or pharmacist is a covered entity. Referred to House Insurance on 3/20.

HB 3542 by Martinez (D-Weslaco): Prohibits a health benefit plan from denying or limiting an enrollee’s coverage of a prescription drug solely because of a change in the plan’s PBM. Referred to House Insurance on 3/24.

HB 3569 by Barry (R-Pearland): Prohibits an insurer from refusing to enter into a contract with a licensed agent. Does not apply to an agent who previously contracted with the insurer, and the insured terminated, suspended, or refused to renew the contract. Prohibits the insurer from terminating, suspending, or refusing to contract or renew a contract with an agent on the basis of direct written premium or the amount of loss that is incurred by the insurer. Referred to House Insurance on 3/25.

HB 3845 by Oliverson (R-Cypress): Adds § 4201.156, Insurance Code, to prohibit a payor from providing compensation or thing of value to a utilization review agent based on: (1) the amount or volume of adverse determinations, (2) reductions or limitations on stays, benefits, services or charges; (3) or number or frequency of contacts with providers or patients. Further prohibits inducements or pressure on UR agents to make adverse determinations or retaliation against a UR agent for failing to make an adverse determination. Creates a cause of action for retaliation by a UR agent against a payor for the greater of $1,000 or actual damages (including mental anguish without other injury), punitive damages, costs, and attorney’s fees. Creates a rebuttable presumption that the claimant’s employment or contract was suspended in retaliation for reporting a violation if the termination occurs within 60 days of the report. Referred to House Insurance on 3/26.

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

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

HB 4012 by Paul (R-Webster)/SB 2579 by Hancock (R-North Richland Hills): Provides that a person who commits insurance fraud is liable to the state for the amount of the payment made by plan issuer, interest at the prejudgment interest rate, a civil penalty ranging from $5,500 to $15,000 per violation, and two times the amount of the payment made by the plan issuer. Creates a private qui tam cause of action, in which the state may elect to intervene. Allows the attorney general to contract with private attorneys. Awards a private plaintiff 15-25% of the proceeds if the state stays in the case, but at 25-30% of the state does not proceed. Entitles the insurer to any money remaining after all awards and costs are paid, which include attorney’s fees and costs to the state.

HB 4020 by Hayes (R-Denton): Amends § 542A.003, Insurance Code, to require a more detailed presuit notice by the claimant, including a detailed, claimant- and claim-specific description of the acts or omissions of the insurer or agent that constitute a violation of the policy, a statute or rule, or a common law standard of conduct. Further requires the notice to include the attorney’s contemporaneously kept time records and other proof of the alleged loss. Authorizes an insurer to pay the amount the claimant alleges is owed on the claim and pursue a Chapter 37 dec action to determine the reasonableness and necessity of attorney’s fees. Requires a court to abate an action upon the claimant filing a controverting affidavit if the affidavit establishes that the claimant timely provided presuit notice that fully complied with the presuit notice requirement. Provides that prejudgment and other interest does not accrue while an action is abated.

HB 4092 by Morgan (R-Richmond): Adds § 542A.008, Insurance Code, to provide that any payment made by an insurer after the deadline for presuit notice under § 542A.003 does not limit an insured’s right to recover interest, penalties, attorney’s fees, or any other non-economic damages for the claim.

HB 4268 by Morgan (R-Richmond)/SB 2575 by Middleton (R-Galveston): Requires an insurance policy covering property damage to permit an insured to recover depreciation withheld from a claim for a covered loss until the second anniversary of the date the insurer issues a claim payment for the loss. Excludes recoverable depreciation from consideration as part of the insurer’s defense costs or from being deducted from any defense coverage limits.

HB 4422 by Rose (D-Dallas): Adds Subchapter O, Chapter 1369, Insurance Code, to prohibit health benefit issuers, PBMs, or third-party payor from reimbursing against covered entities, pharmacists, or pharmacies at different rates based on whether they are under contract or otherwise discriminate against non-contract providers.

HB 4532 by Oliverson (R-Cypress): Requires an insurer that offers a homeowners policy including replacement coverage for a roof to offer an endorsement providing coverage to replace the roof in compliance with fortified home roof standards.

HB 4549 by Paul (R-Webster): Provides that an investigation to determine a prompt payment statutory violation extends the period for determining whether the claim is payable or for auditing the claim if the HMO suspects it was fraudulent and conducts the investigation in good faith.

HB 4681 by Oliverson (R-Cypress): Imposes significant new duties on HMOs and preferred provider benefit plans with respect to benefits and the preauthorization process. Authorizes the insurance commissioner to assess additional administrative penalties of between $10 and $1,000 per violation based on an HMO’s or insurer’s gross revenue.

HB 5519 by Martinez Fischer (D-San Antonio): Requires prior approval of residential property and personal auto insurance if an insurer increases or decreases a rate by more than 5% from the previously filed rate in effect at the time of the filing.

SB 213 by West (D-Dallas): Adds § 541.062, Insurance Code, to make it an unfair or deceptive practice to require a consumer to purchase multiple personal lines of property and casualty insurance from the same insurer or a personal line property and casualty policy as a condition for the issuance of another policy. Passed Senate on 3/26.

SB 369 by Schwertner (R-Georgetown)/HB 4569 by Dean (R-Longview): Adds Subchapter I, Chapter 1952, Insurance Code, to require personal auto policies to conform to the appraisal procedure established by statute. Establishes an appraisal process that allows either the policyholder or insurer to demand appraisal not later than the 90^th day after the insurer accepts liability and issues the insurer’s undisputed liability offer. Requires the parties to select an unbiased appraiser not later than the 15^th day after the appraisal demand. Requires the appraisers to appraise the loss not later than 30 days after selection, Provides that if the appraisers disagree, the appraisers shall select a competent umpire within 15 days. Allows either party to request a judge to select the umpire if the appraisers cannot agree. Makes each party responsible for its own appraiser’s fees and expenses and requires the parties to split the umpire’s fees. Requires the insurer to refund the policyholder’s expenses if the appraisal process determines that the amount of loss is more than 10% greater than the insurer’s proposed undisputed loss statement. Provides that the insurer and the insured do not waive any rights under the policy by demanding an appraisal. Referred to Senate Business & Commerce on 2/3.

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

SB 455 by Middleton (R-Galveston)/HB 2275 by Meyer (R-Dallas): Requires a surplus lines insurance contract that contains an arbitration agreement to provide that the arbitration will be conducted in Texas and governed by the laws for Texas. Provides further that the insurance contract will be interpreted in accordance with Texas law. Referred to Senate Business & Commerce on 2/3. HB 2275 referred to House Insurance on 3/14.

SB 495 by Sparks (R-Midland)/HB 3899 by Paul (R-Webster): Prohibits TDI from requiring an insurer to comply with a NAIC rule developed using any ESG model unless specifically required by statute. Prohibits TDI from adopting a rule relating to ESG developed by an entity not licensed or regulated by TDI, NAIC, or an entity of the state or federal government that regulates insurance. Authorizes a declaratory judgment action to declare such a rule invalid. Passed Senate on 3/19.

SB 458 by Schwertner (R-Georgetown)/HB 4570 by Dean (R-Longview): 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. Heard in Senate Business & Commerce on 3/27.

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. Heard in Senate Health and Human on 3/18.

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

SB 622 by Schwertner (R-Georgetown)/HB 1635 by Oliverson: Expands the definition of “emergency care” for purposes of health benefit plans to include emergency care “regardless of the final diagnosis of the condition.” Provides that a utilization review of emergency care may consider diagnosis codes, relevant documentation, and presenting symptoms. Referred to Senate Health and Human on 2/3. HB 1635 referred to House Insurance on 3/12.

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

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

SB 818 by Bettencourt (R-Houston)/HB 1906 by Paul (R-Webster): Directs the Center for Health Care Data at UT Health Science Center in Houston to establish the Health Impact, Cost, and Coverage Impact Program to prepare analyses of legislation imposing new mandates on health benefit plan issuers or administrators. Authorizes the lieutenant governor, speaker, or chair of the appropriate committee to request an analysis of proposed legislation regardless of whether the legislature is in session. SB 818 referred to Senate Health & Human Services on 2/7. HB 1906 referred to House Insurance on 3/14.

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

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

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

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

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

SB 1156 by Hughes (R-Tyler)/HB 3943 by A. Johnson (D-Houston)/HB 4102 by Vo (D-Houston): Adds Chapter 1462, Insurance Code, to require a health plan to accept any willing provider, whether affiliated or unaffiliated, at the same level of reimbursement. Prohibits other discriminatory practices against non-affiliated providers. Applies to ERISA plans. Exempts risk-sharing or capitation agreements, as well as tiered plans based on value-based quality metrics. Referred to Senate HHS on 2/28.

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

SB 1287 by Hughes (R-Tyler)/HB 4673 by V. Jones (D-Dallas): Adds § 1369.0542(c), Insurance Code, to require an issuer of a health benefit plan that covers prescription drugs, pharmacy benefit manager, or subcontractor to apply any reduction of out-of-pocket expenses made on behalf of an enrollee for a prescription drug included in a category of essential health services under federal law, regardless of whether the issuer, et al., classifies the drug as an essential health benefit, to the enrollee’s deductible, copayment, cost-sharing responsibility, or out-of-pocket maximum. Referred to Senate B&C on 2/28.

SB 1354 by Hughes (R-Tyler)/HB 2978 by Harris (R-Palestine): Adds Subchapter H-1, Chapter 1369, Insurance Code, to prohibit a PBM from reimbursing a pharmacist or pharmacy for a prescription drug or device in an amount less than the actual cost to the pharmacist or pharmacy for the drug or device. Excludes the use of a dispensing fee to calculate the reimbursement amount. Requires a PBM to reimburse a pharmacy or pharmacist for a dispensing fee in an amount not less than the amount paid for the drug or device under the Medicaid fee-for-service model. Establishes an appeal process and remedies for a prevailing pharmacist or pharmacy. Applies to ERISA plans. Referred to Senate HHS on 3/6. HB 2978 referred to House Public Health on 3/20.

SB 1429 by Hughes (R-Tyler): Amends § 1952.101, Insurance Code, to require an insurer to direct the use of original manufacturer’s or distributor’s parts to repair a vehicle that the insured has owned for three years or less and that was delivered new to the insured. Bars the insurer from limiting the insured in selecting an auto repair shop. Applies the same requirements to a third-party claim against an insured. Bars an insurer from requiring an auto repair shop to use a specific percentage of non-original equipment in the repair of a motor vehicle. Referred to Senate B&C on 3/6.

SB 1674 by Menendez (D-San Antonio)/HB 4178 by LaHood (R-San Antonio): Raises the minimum amount of motor vehicle liability coverage from $30,000 to $50,000 for bodily injury or death to one person, $60,000 to $100,000 for bodily injury to two or more persons in one collision, and $25,000 to $40,000 for property damage. SB 1674 referred to Senate B&C on 3/11.

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

SB 1811 by Menendez (D-San Antonio)/HB 1641 by Munoz (D-Palmview): Prohibits an HMO or insurer from using extrapolation to complete an audit of a participating physician or provider or a preferred provider. Requires additional payments and refunds to be based on the actual overpayment or underpayment and may not be based on extrapolation. HB 1641 referred to House Insurance on 3/12. SB 1811 referred to Senate HHS on 3/13.

SB 2319 by Hagenbuch (R-Denton)/HB 3520 by Spiller (R-Jacksboro): Lowers the minimum insurance requirement for a rideshare company when the driver is engaged in a prearranged ride but the rider is not in the vehicle. HB 3520 referred to House Insurance.

SB 2585 by Gutierrez (D-San Antonio): Requires an auto insurer to charge a higher premium to an insured who is at least 21 years of age solely based on the sex or marital status of the insured.

SB 2530 by Middleton (R-Galveston): Bars TWIA from lobbying. Imposes a $10,000 fine for violations.

SB 2808 by Hagenbuch (R-Denton): Requires prior approval by the insurance commissioner for a premium rate increase.

SB 2978 by Hancock (R-North Richland Hills): Adds § 542A.003(b-1), Insurance Code, to provide that the amount of money alleged by the claimant to be owed by the insurer on the claim must be an amount the claimant will accept in full payment of the claim, and timely payment of that amount settles and resolves the claim.

Nullification

HB 796 by C. Bell (R-Magnolia)/HB 898 by Spiller (R-Magnolia)/SB 80 by Hall (R-Edgewood): Adopts the Texas Sovereignty Act to establish a process under which the state can declare federal law unconstitutional and refuse to enforce it. SB 80 referred to Senate State Affairs on 2/3. HB 796 referred to House State Affairs on 3/5. HB 898 referred to House State Affairs on 3/6.

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

HB 1617 by Swanson (R-Spring)/SB 130 by Hall (R-Edgewood): Exempts certain firearms and materials used to manufacture firearms in Texas from federal regulation. SB 130 referred to Senate State Affairs on 2/3. HB 1617 referred to House State Affairs on 3/12.

HB 1725 by Hopper (R-Decatur): Exempts a motor vehicle manufactured entirely in Texas using (mainly) Texas parts from federal emissions or other environmental standards. Referred to House State Affairs on 3/14.

HB 1982 by Hopper (R-Decatur): Prohibits the Texas Commission on Law Enforcement from issuing a peace officer license to a federal agent and to revoke a federal agent’s existing license. Bars the execution of a search or arrest warrant issued by a federal court against a US citizen domiciled in Texas, unless approved by attorney general (and then only if the local sheriff decides to execute it). Bars the transfer of a Texas citizen confined in a correctional facility to federal custody without a hearing. Bars a federal agent from discharging the agent’s official duties on any property in the state (except federal property). Creates an offense against a federal agent exercising official duties on state property. Referred to House State Affairs on 3/14.

HB 2881 by Isaac (R-Dripping Springs): Bars state or local government from enforcing certain federal law regulating the sale or purchase of ammunition. Referred to House State Affairs on 3/19.

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

HJR 116 by Virdell (R-Brady): Proposes a constitutional amendment providing that the state does not recognize the authority of the federal government to regulate firearms or ammunition in the state. Referred to House State Affairs on 3/17.

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

SB 888 by Kolkhorst (R-Brenham)/HB 2460 by Leach (R-Plano): Amends § 402.024, Government Code, to defend a state district or county attorney in an action in federal court if the district or county attorney is a defendant in a federal action, the action involves the enforcement of a state statute, the district or county attorney has taken a position in opposition to the federal government, and the district or county attorney requests assistance. SB 888 referred to Senate State Affairs on 2/13. HB 2460 referred to House State Affairs on 3/17.

Civil Rights

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

HB 1394 by Schatzline (R-Fort Worth): Amends § 110.008, CPRC, to abolish sovereign immunity in federal courts in civil rights actions based on religious exercise. Referred to House State Affairs on 3/11.

HB 1434 by Hickland (R-Belton)/SB 412 by Middleton (R-Galveston): Amends § 43.24, Penal Code, to narrow the affirmative defenses to a prosecution for obscenity with a child to a “bona fide judicial, law enforcement, or legislative purpose” (eliminates “scientific, educational, governmental, or other similar justification”). SB 412 referred to Senate Criminal Justice on 2/3. HB 1434 referred to House State Affairs on 3/11.

HB 2030 by Richardson (R-McKinney): Amends §§ 43.24(c) and 43.26(c), Penal Code, to narrow the affirmative defenses to a prosecution for obscenity with a child by eliminating educational purposes. Referred to House State Affairs on 3/14.

HB 2102 by Leo-Wilson (R-Galveston)/SB 1909 by Creighton (R-Conroe): Defines “anti-semitism” as racial discrimination for purposes of prohibiting discrimination by public schools and institutions of higher education on the basis of race, ethnicity, national origin, gender, disability, religion, or marital status. Provides that disciplinary action against a student or employee based on anti-semitism shall be the same as an action based on racism. Senate version specifically calls for disciplinary sanctions for students and student organizations. Requires higher ed institutions to certify compliance in order to spend appropriated funds. Referred to House State Affairs on 3/14. SB 1909 referred to Senate Ed on 3/17.

HB 2242 by Dutton (D-Houston): Adds § 86.021(f), Local Government Code, to provide that for purposes of a civil rights action under 42 USC § 1983, a constable is a final policy maker on law enforcement decisions for the constable’s county. Referred to House JCJ on 3/14.

HB 2444 by Hickland (R-Belton): Adds § 43.245, Penal Code, to create an offense (Class A misdemeanor) if a person 18 years of age or older communicates harmful sexual material to a minor. Referred to House Criminal Jurisprudence on 3/17.

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. Referred to House Natural Resources on 3/3.

HJR 28 by Vasut (R-Angleton): 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. Referred to House State Affairs on 3/3.

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

HJR 127 by Cain (R-Houston): Amends § 23, Art. I, Texas Constitution, to eliminate the legislature’s authority “to regulate the wearing of arms, with a view to prevent crime.” Referred to House Homeland on 3/17.

SB 965 by Parker (R-Flower Mound)/HB 717 by Leach (R-Plano): Provides that the right of a public school employee to engage in religious speech or prayer while on duty may not be infringed on by the district or the state unless the infringement services a compelling governmental interest and is narrowly tailored using the least restrictive means to achieve that interest. Reported favorably from Senate State Affairs on 3/17.

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. Reported favorably from Senate Education K-16 on 3/17. HJR 92 referred to House Public Education on 3/10.

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

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

SJR 34 by Hughes (R-Tyler)/HJR 112 by Frank (R-Wichita Falls): Adds Art. I, § 37, Texas Constitution, to give a parent an “inherent right” to exercise care, custody, and control of the parent’s child and to make decisions for the upbringing of the child. Prohibits the state or a political subdivision from interfering in this right unless the interference is essential to further a compelling governmental interest and narrowly tailored to accomplish the interest. Referred to House JCJ on 3/25. HJR 112 heard in House JCJ on 3/19.

Procedure, Discovery, and Privilege

HB 2100 by Plesa (D-Dallas): Adds § 18.121, Civil Practice and Remedies Code, to require a trial court “to consider all evidence on the record or otherwise before the court when ruling on a no-evidence motion for summary judgment. Referred to House JCJ on 3/14.

SB 336 by Hughes (R-Tyler)/HB 2459 by Leach (R-Plano): Amends § 51.014, CPRC, to provide that an interlocutory appeal of the denial of a TCPA motion to dismiss stays commencement of the trial and other proceedings until the 61^st day after the date the order denying the motion was signed if: (1) the order states that the motion was not timely filed; (2) the motion was denied because the action is exempt from the TCPA; or (3) the motion was determined to be frivolous or solely intended to delay. Provides that if the order does not state a reason for denial or provides a different reason for denial than prescribed above, filing the appeal stays commence of trial and other proceedings pending resolution of the appeal. Authorizes the court of appeals to stay commencement of trial and other proceedings in the trial court on a determination that the appellant is likely to succeed on the merits or in the interest of justice. Referred to Senate Business & Commerce on 2/3. HB 2459 referred to House JCJ on 3/17.

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

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

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

HB 1494 by Patterson (R-Frisco): Adds § 15.0152, CPRC, to change mandatory venue in a suit challenging the constitutionality, validity, or applicability of an administrative rule from Travis County to permissive venue in one of the following: (1) the county of plaintiff’s or appellant’s residence when the cause of action accrued; (2) the county of plaintiff’s or appellant’s principal office if the plaintiff or appellant is not an individual; (3) the county in which the headquarters of the defendant state agency is located; or (4) Travis County. Referred to House DOGE on 3/19.

HB 2446 by Dutton (R-Houston): Amends § 18.001, CPRC, to exempt a medical bill or other itemized statement of a medical or health care service charging $50,000 or less, an expense affidavit is not required to support a finding of fact that the amount charged was reasonable and necessary. Referred to House JCJ on 3/11.

HB 2966 by Meyer (R-Dallas)/SB 1516 by Johnson (D-Dallas): Amends § 27.009(a), CPRC, with respect to the award of costs and attorney’s fees to the moving party, to change “incurred in” to “for defending against the legal action. SB 1516 referred to State Affairs on 3/6. HB 2966 referred to House JCJ on 3/20.

HB 2984 by Curry (R-Waco): Adds § 49.015, Penal Code, to create a rebuttable presumption that a person was intoxicated at the time of the offense if it is shown at trial that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.08 or more at the time of the analysis. HB 2966 referred to House JCJ on 3/20.

HB 2986 by Moody (D-El Paso): Adds § 51.014, CPRC, to authorize the appellate court to lift a stay on a party’s motion if the court determines that lifting the stay is necessary for the specific and limited purpose of preventing irreparable harm to a party or the public. HB 2966 referred to House JCJ on 3/20.

HB 2988 by DeAyala (R-Houston): Adds § 27.0091, CPRC, to authorize a court to award attorney’s costs and attorney’s fees as are equitable and just. Repeals §§ 27.007 (additional findings with award of sanctions) and 27.009 (mandatory attorney’s fees). HB 2966 referred to House JCJ on 3/20.

HB 3647 by Oliverson (R-Cypress): Adds § 51.014 (a-1), CPRC, to provide that an interlocutory appeal based on a plea to the jurisdiction by a governmental unit does not apply with respect to a mandamus action or a claim alleging the performance of an ultra vires act. Amends § 51.015 to assess costs and attorney’s fees to the governmental unit for an unsuccessful appeal. Referred to House JCJ on 3/25.

SB 953 by Johnson (D-Dallas)/HB 5134 by Garcia Hernandez (D-Addison): Adds § 20.003, CPRC, to permit a pre-suit deposition on oral examination or written questions to perpetuate or obtain the person’s own testimony or that of any other person for use in an anticipated action, or to investigate a potential claim or action. Prohibits a pre-suit deposition if the requestor has not sustained actual damages or will not reasonably sustain actual damages in the anticipated action. Makes the requestor liable for attorney’s incurred in challenging an illegal request. Bars SCOTX from modifying or repealing the statute by rule. Referred to Senate Jurisprudence on 2/13.

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

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

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

SB 1794 by Middleton (R-Galveston): Adds § 51.0145, CPRC, to require the trial court to approve an interlocutory appeal by an officer or employee of a political subdivision. Provides that the trial court may only approve a request if the appeal involves a controlling question of law, an immediate appeal may materially advance the litigation, and issuing a stay will not materially deprive the non-moving party from exercising a constitutional right. Referred to Senate Jurisprudence on 3/13.

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

HB 4081 by Vasut (R-Angleton): Adds § 134A.0065, CPRC, to establish a statutory process for sealing a document containing alleged trade secrets.

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

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

HB 4564 by Curry (R-Waco): Amends § 17.60, Business & Commerce Code, to prohibit disclosure of sworn testimony given during an investigation by the consumer protection division other than to an authorized employee of the office of the attorney general without consent. Good cause exception. Requires court approval for the disclosure of trade secrets.

HB 4713 by Leach (R-Plano): Amends § 16.073, CPRC, to subject a claim to be arbitrated to the same limitations period as if the claim had been commenced in court. Provides that commencing an action in court within the period tolls limitations for binding arbitration of the same action.

HB 4969 by Schatzline (R-Fort Worth): Entitles a prevailing child welfare services provider to costs and attorney’s fees in an action by the provider for an adverse action taken in violation of the provider’s right of conscience.

SB 2411 by Schwertner (R-Georgetown)/HB 4862 by Longoria (D-Mission): Adds §§ 1.0056 and .0057, Business Organizations Code, to provide that a code reference or grant of jurisdiction to a district court includes a reference or grant of concurrent jurisdiction to the business court, if that court has subject matter jurisdiction. Provides for the supremacy of Texas law, though managerial officials of a domestic entity may consider laws or decisions in other states in exercising their powers. Permits the governing documents of a domestic entity to require exclusive jurisdiction and venue in Texas. Shares a number of common provisions with HB 15. Referred to Senate Business & Commerce on 3/25.

SB 2417 by King (R-Weatherford): Authorizes the attorney general, in an antitrust investigation, to conduct interviews with persons who may have relevant information. Provides that written materials or typed memoranda from such interviews constitute attorney work product and are confidential under Ch. 551, Government Code. Provides that if the attorney general files suit, the material constitutes privileged attorney work product. Referred to Senate State Affairs on 3/25.

SB 2418 by Paxton (R-McKinney): Amends § 146.002, CPRC, to reduce the time a health care service provider has to bill a patient for services from the first day of the eleventh month to 90 days after the care is provided. Referred to Senate HHS on 3/25.

SB 2468 by Menendez (D-San Antonio): Amends § 30.012(a), CPRC, to authorize a trial judge to hold remote hearings of an uncontested proceeding in which the court is approving an agreement.

SB 2516 by Bettencourt (R-Houston): Amends § 51.014(a), CPRC, to eliminate an interlocutory appeal for the denial of a motion for summary judgment based on an assertion of immunity by an officer or employee of the state or a political subdivision. Further eliminates interlocutory relief for a grant or denial of a plea to the jurisdiction by a governmental unit.

SB 2627 by West (D-Dallas): Amends § 51.014(a), CPRC, to eliminate an interlocutory appeals for a plea to the jurisdiction in employment discrimination cases. Entitles a prevailing party to recover punitive damages against an employee, officer, or entity for a violation of Ch. 106, CPRC, or Chapter 21, Labor Code. Extends the deadline for a complaint under § 21.021(g), Labor Code, from 180 days to two years. Waives governmental immunity.

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