TCJL Tracked Bill List 5.29.25

May 29, 2025

 

This list is current through 5 p.m., Thursday, June 5. New actions are highlighted in red.

Remaining calendar deadlines:

  • Sunday, June 22: last day the governor can sign or veto bills.

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

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

  • Amends § 122.003, Natural Resources Code, to specify that a person, including a surface owner, who takes possession of fluid oil and gas waste for treatment 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 treated waste by any person (i.e., expands current law immunity).
  • Provides additional immunity from liability to a person, including a surface owner, who produces fluid oil and gas waste or supplies or conveys such waste to a treatment facility for the purpose of generating treating waste from a consequence of the subsequent treatment, subsequent use of treated waste, or exposure to any component of the treated waste or a byproduct of the process used to generate treated waste.
  • Immunizes from liability a surface owner of real property on or under which waste is produced, conveyed, transported, or treated by others for personal injury, death, or property damage arising from exposure to the waste or a byproduct of waste treatment.
  • Provides no liability protection from a person’s gross negligence or intentional, wrongful act or omission, or the person’s negligence, if the person did not comply with RRC rules, a TCEQ-issued TPDES permit, or an RRC permit.
  • Does not affect existing common law, statutory, regulatory, or other legal liability of a producer or subsequent transferee of waste to the surface owner and any owner of an interest in the surface on or under which waste is produced, transported, or treated.
  • Bars an award of punitive damages to a claimant awarded damages for a tort premised solely on the person’s negligence and regulatory nonconformity.
  • Amends § 122.004(a) to clarify the RRC’s rulemaking authority with respect to treated waste and any byproduct of a process used to generate treated waste.

Sent to Governor on 5/28.

 

NUCLEAR VERDICTS

SB 30 by Schwertner (R-Georgetown): Makes numerous changes to medical and noneconomic damages. The House committee substitute shows in red. Changes (both added and stricken language) that will be made on the floor in an agreed floor amendment appear in blue.

  • Amends § 41.001, CPRC, to add definitions of “health care expenses,” “health care services,” “injured individual,” “letter of protection,” “physician,” “provider,” and “third-party payor”:
  • Adds § 41.015, CPRC, to provide that if a third-party payor paid for a health care service, supply, or device, the evidence offered to prove the amount of medical damages is limited to evidence of the amount paid, plus amounts paid by an insured for coinsurance, deductibles, or copayments;
  • Provides that if a third-party payor did not pay for the service, supply, or device, a party may offer and the court shall admit the following evidence may be offered regarding the reasonable value of necessary health care services [or that in a reasonable probability will need to be provided in the future includes]: (1) evidence of amounts paid by non-third-party payors to providers (but not to purchase an account receivable or as a loan) if paid 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 (2) Medicare allowable amounts, maximum allowable workers’ comp rates, the 50th percentile of amounts allowed to participating providers in the geozip during the calendar quarter in which the service was provided;
  • Provides that if a claimant gives a notice of intent within the § 18.001(d) affidavit deadline [that the claimant intends to rely on], the following shall be admitted: (1) the average amounts collected by the provider for the service during the preceding year, (2) the provider’s range of contracted rates with commercial insurers, and the provider’s billed charges, and (3) the provider’s billed charges;
  • Prohibits a party from compelling a provider by pretrial discovery request or subpoena to provide any of that information unless the claimant services notice of intent as provided above;
  • Provides that, except as provided by SCOTX rules, for each service, supply, or device a provider’s statements or invoices submitted into evidence must include Current Procedural Terminology, Healthcare Common Procedure Coding System, or Evaluation and Management code if the service, etc. has such a code [an industry-accepted billing code], a description of the service, and the date on which the service was provided;
  • Allows a party to offer and requires the court to admit evidence of Medicare, Workers’ Comp, or commercial provider rates through expert witnesses or cross-examination of another party’s witness if the offering party gives at least 45 days’ notice before trial;
  • Adds § 41.016, CPRC, to require a claimant to disclose (1) any letter of protection related to the action; (2) any [oral or written] agreement under which a provider may kick back any money to a payor, injured individual, claimant, claimant’s attorney or anyone associated therewith; and (3) the identity of any provider who provided services to the injured individual, together with an authorization to all other parties allowing them to obtain all of the injured individual’s medical records relating to the claim; [and (4) if the individual was referred to the provider and the provider’s medical records, billing statements, or testimony will be presented at trial, the contact information of the peron who made the referral, the relationship of the referrer and the injured individual’s attorney, and the relationship of the referrer and the injured individual or his or her attorney];
  • Requires a claimant, on request of a party, to state the name, address, and telephone number of each person who provided to the claimant or injured individual the contact information of a provider that provided a service to injured individual, even if the person is or was an attorney for the claimant or injured person;
  • Requires a provider, on request of a party, to provide (1) the number of persons an attorney to the action referred to the provider in the preceding two years [an anonymized list of persons referred by an attorney to the action], (2) the total amount paid to the provider in the preceding two years by or on behalf of persons referred by an attorney to the action [the date and amount of each payment to the provider by, through, or at the direction of the attorney (preceding two years), (3) any person anonymously described above on whose behalf the attorney made a payment, and (4) any other aspects of any financial relationship between the referring attorney and the provider];
  • [Includes in the term “referral” a referral by made by another person if the injured individual’s attorney knew or had reason to know about the referral];
  • Mandates admission into evidence (1) medical records showing health care services, etc. provided to the injured individual to diagnose, alleviate, cure, treat, or heal the injury [the injured individual’s medical records relating to the event that caused the injury], (2) a letter of protection if a provider’s medical records, billing statements, or testimony will be presented, and (3) referral information if a provider’s medical records, billing statements, or testimony will be presented [and (4) treatment guidelines and drug formularies approved by the Workers’ Comp Division as evidence relating to the necessity of the services];
  • Provides that the TRE apply except as otherwise provided by §§ 41.015 and 41.016;
  • Applies to an action (1) commenced on or after the effective date [or (2) pending on the effective date and in which a trial, or a new trial or retrial following a motion, appeal, or otherwise begins on or after January 1, 2026].

Senate refused to concur in House amendments and appointed conference committee on 5/29.

 

LUCIO AMENDMENT

SB 39 by Birdwell (R-Granbury)/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. SB 39 passed Senate on 4/24 and has been referred to House JCJ. HB 4668 reported as substituted from House JCJ on 5/12.

 

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. Applies only to an action brought by a private party or political subdivision. 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. Passed Senate on 4/10. HB 3964 heard in House JCJ on 4/23.

 

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 Chapter 74 health care liability claim;
  • Amends § 170A.002(b) and adds Subsections (c-1) and (c-2), Health and Safety Code, to: (1) clarify that if a pregnant woman has a life-threatening condition, the physician “may address a risk [or death or substantial impairment of a major bodily function] before the woman suffers any effects of the risk; (2) to permit the physican to act without waiting for the risk to become imminent, the woman first suffers physical impairmet, or the physical condition causes damage to the woman; and (3) define “life-threatening) to mean “capable of causing death or potentially fatal (the condition need not necessarily be the one “actively injuring the patient”)
  • Adds § 170A.0021 to require 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)), except when, in the physician’s reasonable medical judgment, the manner of treatment would create a greater risk of death or substantial impairment of a major bodily function;
  • 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 pregnancy 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;
  • Directs the State Bar of Texas and Texas Medical Board to develop CLE and CME programs regarding the regulation of abortion.

Sent to Governor on 5/27.

 

BUSINESS COURTS

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

  • Amends § 11.101(e), CPRC, to clarify that a prefiling order entered by the business court applies to each court in the state.
  • Amends § 15.003(c), CPRC, to provide that an interlocutory appeal from the business court must be taken to the 15th Court of Appeals.
  • Amends § 19.003(a), CPRC, to allow a person interested in a judgment, order, or decree of the business court to file an application with the business court clerk.
  • Amends numerous statutory provisions to add “business court” where the statutes refer to district or county courts;
  • Amends § 65.022, CPRC, to authorize a business court judge to grant a writ returnable to anothr business court judge if that judge cannot be reached by the ordinary and available means of travel and communication in sufficient time to implement the purpose sought for the writ.
  • Amends § 65.023(a), CPRC to require a writ of injunction to be tried in the business court division of the county in which the party against whom the writ if filed is domiciled.
  • Amends § 151.011, CPRC, to clarify that a special judge’s verdict must comply with the requirements for a verdict by the “referring” court, “including any applicable requirements for the issuance of a written opinion”;
  • Conforms § 151.012, CPRC, to include any applicable written opinion requirement if the special judge does not timely submit the verdict;
  • Conforms § 151.013, CPRC, to broaden the right of appeal from the order of the referring judge’s court as provided by applicable law, including the TRCP and TRAP.
  • Clarifies that Chapters 171 and 172, CPRC, do not confer on the business any new or additional jurisdiction.
  • Amends § 171.096, CPRC, to require an initial application for arbitration filed in a business court to establish venue in a county in a division of the court.
  • Amends § 25A.001(14), Government Code, to clarify that a “qualified transaction” includes a “series of related transactions” amd lowers the threshold from $10 million to $5 million.
  • Makes active (contingent on funding, which is not provided for the next biennium) the Second, Fifth, Sixth, Seventh, Ninth, and Tenth Divisions, and includes Montgomery County in the existing Eleventh Division;
  • Amends § 25A.004(b) to clarify that the business court’s concurrent jurisdiction with district courts extends to actions in which a district court has exclusive jurisdiction.
  • Amends § 25A.004(d), to reduce the amount in controversy threshold from $10 to $5 million for actions arising from a qualified transaction and adds a “business,” “commercial,” or “investment” contract or transaction in which the parties agreed to submit disputes to the business court.
  • Further adds to the court’s jurisdiction an action to enforce an arbitration agreement, appoint an arbitrator, or review an arbitral award regardless of the amount in controversy if the claim is otherwise within the court’s jurisdiction.
  • Adds actions arising or related to intellectual property and trade secrets;
  • Clarifies that the amount in controversy for jurisdictional purposes is the total amount of all joined parties’ claims.
  • Expands the court’s supplemental jurisdiction to include a claim requiring joinder or intervention of an additional party and removes the current law requirement that a party can block proceeding on a claim within the court’s supplemental jurisdiction by not agreeing to it.
  • Clarifies that the business court does not jurisdictionover a claim seeking to foreclose on a lien on real or personal property “an individual owns at the time the action is filed” (unless the claim falls within the court’s supplemental jurisdiction).
  • Excludes claims related to a consumer transaction as defined by § 601.001, Business & Commerce Code, to which a consumer is a party arising out of a violation of state or federal law, regardless of whether the claim is otherwise within the court’s supplemental jurisdiction.
  • Instructs SCOTX to adopt rules of civil and judicial procedure for the court.
  • Amends § 25A.006 to provide that a party’s governing documents may establish venue in the court and to establish the time in which a party requesting removal to the business court was served with process.
  • Amends § 25A.009 to allow a judge appointed to the business court to begin state employment and receive compensation for not more than 30 days before the beginning of the judge’s term.
  • Amends § 25A.012 to require a business court judge who determines on the judge’s own motion that the judge not hear a case pending in the judge’s court because the judge is disqualified or subject to recusal to enter a recusal order, request the administrative PJ of the business court to assign another judge, and take no further action in the case (PJ not required to assign such a case to a different division of the court).
  • Adds § 25A.0135 to exempt business court judges from judicial training requirements not germane to the jurisdiction of the court.
  • Establishes a procedure by which business court judges select an administrative presiding judge pro tempore for a two-year term.
  • 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 courtoom space.
  • Authorizes the chief justice to assign an active business court judge to serve as a visiting judge of a court located in the judge’s division.
  • 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 an agreed motion of a party and permission of the business court.
  • Amends § 74.162, Government Code, to permit the MDL panel to transfer appropriate cases to the business court.
  • Amends § 659.012, Government Code, to entitle a business court judge to additional compensation from the state in the amount equal to the difference between the judge’s base salary and the maximum combined base salary from all state and county sources paid to district judges (entitles a business court judge serving as an APJ an additional amount).
  • Makes conforming changes;

Sent to Governor on 6/2.

 

JUDICIAL CONDUCT AND COMPENSATION

SJR 27 by Huffman (R-Houston): Amends § 1-A, Art. V, Texas Constitution, to change the composition of the State Commission on Judicial Conduct and augment the disciplinary authority of the Commission and the Texas Supreme Court.

  • Gives the governor 7 appointees and SCOTX 6, with no specification of category as in current law (except no more than one justice or judge from each type of court can be appointed);
  • Provides that if the Commission determines that a person engaged in wilful or persistent conduct that is clearly inconsistent with the proper performance of the judge’s duties, the commission shall issue a public sanction or may issue a private sanction if the person has no prior sanctions (other than for conduct constituting a criminal offense);
  • Gives the commission additional discretion to recommend to the review tribunal the removal or retirement of the person;
  • Eliminates the provision requiring review tribunals to be selected “by lot” and giving the Chief Justice authority to appoint the members of the tribunal;
  • Gives the review tribunal additional discretion to order suspension without pay for a specified period;
  • Gives the Commission discretion to recommend suspension with or without pay pending a final disposition of a charge.

Election date 11/4/25.

 

SB 293 by Huffman (R-Houston): Amends Chapter 33, Government Code (State Commission on Judicial Conduct) as follows:

  • Amends § 22.302(a), Government Code, to require an appellate court hearing oral argument through teleconferencing to participate in the argument from a courtroom or other state-provided facility.
  • Adds § 23.303, Government Code, to establish new procedures of motions for summary judgment. Requires the business court, a district court, or a statutory county court to hear oral argument or consider without oral argument a motion for summary judgment not later than 45 days after the date the response was filed and to file with the clerk and provide to the parties a written ruling on the motion not later than 90 days after the date of argument or consideration. Requires entry into the docket of the date the motion was considered without argument. Requires the clerk to report compliance to the OCA at least quarterly. Directs OCA to prepare an annual report of compliance, which shall be made available to the public and sent to the governor, lieutenant governor, and speaker. Prohibits SCOTX from modifying or repealing this procedure by rule.
  • Amends § 33.001(a) to add justices of the peace to the definition of “judge.”
  • Amends § 33.001(8-a) to define “official misconduct” as defined by Article 3.04, Code of Criminal Procedure.
  • Amends § 33.001(a)(9) (definition of “review tribunal”) to eliminate the requirement that the panel of seven court of appeals justices be selected “by lot.”
  • Amends § 33.001(b) to add a judge’s failure to meet deadlines, performance measures, or clearance rate requirements set by statute, administrative rule, 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.
  • 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).
  • 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.
  • Further provides that if a complaint alleges multiple instances of misconduct or multiple complaints are filed against a judge, the commission may order an additional extension of up to 90 days.
  • Requires each member of the commission to certify an investigative report finalized under this section by signing the report (electronic signatures are permited).
  • 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.
  • Amends § 33.023 to require 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.
  • Provides that 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. Further requires that if the judge refused to submit to an ordered examination, the commission may petition a district for an order compelling the judge to submit and recommend to SCOTX suspension of the judge from office.
  • 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 (House version adds each judge of a constitutional county court in the geographic region in which the reprimanded judge serves).
  • Amends § 33.037 to require the commission to recommend a judge’s suspension to SCOTX within 21 days of initiating a formal proceeding against a judge based on Art. 17.15.
  • Adds § 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 semiannual 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 § 73.003(e), Government Code, to eliminate the discretion of a transferee court and the parties or their attorneys to participate in oral argument from any location though the use of teleconferencing technology.
  • 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 § 659.012 to; (1) raise a district judge’s base salary from $140,000 to $175,000; (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 raise the retirement annuity for service credited in the elected class of membership to an amount equal to the number of years of service credit, time 2.3% of $175,000.
  • Provides that beginning August 31, 2030, and every five years thereafter, the Texas Ethics Commission shall consider an equitable increase in the elected class retirement annuity.
  • Further caps the annuity for elected class members at 100%, as applicable, of the dollar amount on which the annuity is based ($175,000 for now, subject to later adjustment by the Ethics Commission) or the state salary of a district judge on which the annuity is based under § 814.103(b).
  • 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.
  • 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.
  • Amends §§ 840.1025(b) and 840,1027(b), Government Code, to raise the retirement contribution rate from 6% to 9.5%.
  • Directs SCOTX and CCA to adopt rules implementing relevant provisions by March 1, 2026.
  • Directs the Commission to adopt rules implementing changes to § 33.001(b) as soon as practicable after 9/1/25.
  • Provides that changes to § 33.001(b) and 665.052(b) apply only to an allegation of judicial misconduct received by the Commission on or after 9/1/25, regardless of when the alleged misconduct occurred.
  • Directs the OCA to prescribe relevant procedures for the reporting and establish the judicial directory as soon as practicable after 9/1/25.
  • Directs SCOTX to adopt rules prescribing the form of the semiannual reports as soon as practicable after 9/1/25.
  • Directs the presiding judges to strike former or retired judges who are ineligible to serve because of multiple sanctions from their lists and forbids their assignment to any court on or after 9/1/25.
  • Makes conforming changes governing applicability to retirees who resume service.
  • Effective 9/1/25, except that the application of the changes to §§ 33.001(b) and § 665.052(b) take immediate effect.

Sent to Governor on 6/3.

 

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. Rolled in SB 2878, along with provisions including 15th Court of Appeals justices in the definition of “statewide judicial office” for campaign finance purposes and providing for the appointment of the additional two judges.

 

New Causes of Action/Legal Duties

 

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. Sent to Governor on 5/27.

 

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). Sent to Governor on 5/31.

 

HB 783 by Lalani (D-Sugar Land): Adds Chapter 98C, CPRC, to create a private cause of action for online impersonation with the intent to harm, defraud, intimidate, or threaten another person. Authorizes recovery of actual damages (including the impersonator’s profits), punitive damages of $500, costs, and attorney’s fees. Sent to Governor on 6/1.

 

HB 1403 by Harris (R-Palestine): Prohibits HHSC, Department of Protective Services, or a child-placing agency from inquiring about firearms present in the home. Imposes a civil penalty on a child-placing agency for violations in the amount of $5,000 per violation. Enforceable by the attorney general. Sent to Governor on 5/30.

 

SB 261 by Perry (R-Lubbock): Prohibits a person from manufacturing, processing, possessing, distributing, offering for sale, or selling cell-cultured protein. Sent to Governor on 6/1.

 

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. Signed by Governor on 5/24. Effective 5/24/25.

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. Signed by Governor on 5/19. Effective 5/19/25.

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). Sent to Governor on 5/26.

SB 1008 by Middleton (R-Galveston): Largely pre-empts local regulation of food service establishments. Signed by Governor on 5/19. Effective 9/1/25.

 

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 $25,000 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 (except equipment owned by an electric utility) from the production site but hasn’t done so. Signed by Governor on 5/29. Effective date 5/29/25.

 

HB 2963 by Capriglione (R-Southlake): 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 consumers in Texas with a wholesale price of least $50. Does not apply to:

  • Use in critical infrastructure;
  • Motor vehicle manufacturers (conditionally);
  • Powersports vehicles or outboard motors;
  • Farm equipment manufacturers (conditionally);
  • Medical devices (conditionally);
  • Aerospace, airplanes, and trains;
  • Commercial and industrial electrical equipment;
  • Heavy equipment;
  • Home appliances;
  • Safety-related communications equipment;
  • Fire alarm systems, intrusion detection equipment, life safety systems, and physical access control equipment;
  • Video games or consoles;
  • Original equipment manufacturers that provide equivalent or better, readily available replacement parts at no charge to the consumer;

Requires the original equipment manufacturer, not later than a year after the date of first sale in Texas, to make available on fair and reasonable terms to an independent repair provider or owner of the requipment documentation, replacement parts, and tools required for diagnosis, maintenance, or repair of the equipment. Allows a manufacturer, alternatively to providing the above, to reimburse the owner the amount of the purchase price or provide an equivalent or better replacement at a price with a value equal to or less than the total cost of the replacement parts. 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. Sent to Governor on 6/2.

 

HB 3229 by Lambert (R-Abilene): Requires a recycler of components of wind turbine generator, solar energy device, or battery energy storage system accepted by the facility but not yet recycled to report specified information and financial assurance to TCEQ. Authorizes TCEQ to impose an administrative penalty for violations. Signed by Governor on 5/29. Effective date 9/1/25.

 

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. Signed by Governor on 5/29. Effective date 9/1/25.

 

HB 3372 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, except with school board approval. Imposes a $10,000 civil penalty for a violation. Sent to Governor on 6/2.

 

HB 3611 by Curry (R-Waco): 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. Signed by Governor on 5/29. Effective date 9/1/25.

 

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. Sent to Governor on 5/31.

 

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. Sent to Governor on 5/22.

 

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. Sent to Governor on 5/28.

 

HB 3809 by Darby (R-San Angelo): 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. Signed by Governor on 5/29. Effective date 9/1/25.

 

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. Sent to Governor on 5/28.

 

SB 2420 by Paxton (R-McKinney): Adds Chapter 121, Business & Commerce Code, as follows:

  • requires the owner of an app store to use age verification before creating an account (establishes 4 age tiers, “child,” “younger teenager,” “older teenager,” “adult”);
  • requires the owner to require the minor’s account to be affiliated with a parent account, for which the owner must verify the parent’s age and legal authority to make a decision for the minor
  • requires parental consent through the affiliated parent account for a minor to open an account or download or or purchase an app or make a purchase in or using an app;
  • requires the owner to obtain consent for each individual download and notify the developer if a parental consent is revoked through the affiliated parental account;
  • allows the owner to use any reasonable means to disclose to the parent or guardian the specific app for which consent is sought, the age rating, the specific content that led to the rating, the nature of any use or collection of personal data, and any measures taken to protect personal data;
  • requires the owner to give a parent or guardian a clear choice to give or withhold consent;
  • requires the owner to notify any individual who has given consent of any change in the app and obtain consent for the minor’s continued use of the app;
  • exempt from the consent requirements apps that (1) provide a user with direct access to emergency services, a critical hotline, or emergency assistance services legally available to a minor, (2) limit data collection to information collected to comply with the Children’s Online Privacy Protection Act and necessary for the provision of emergency services; (3) allow users to access and use the app without an account, and (4) is operated by a governmental entity, nonprofit organization, or authorized EMS provider;
  • further exempts apps operated by a nonprofit organization that develops, sponsors, or administers a standardized test for college admissions and certain public education apps;
  • requires an app store owner to display for each software application available for download and purchase an age rating and the specific content associated with the rating;
  • requires the owner to allow the developer to access current information related to the age category assigned to each user and whether consent has been obtained for a minor;
  • requires the owner to protect personal data;
  • specifies that an owner violates the statute by: (1) enforcing a contract entered into a minor without consent; (2) knowingly misrepresenting information to parents or guardians; (3) obtaining blanket consent to authorize multiple downloads or purchases; or (4) sharing or disclosing personal data except as required by other law;
  • protects an owner from liability for certain violations if the owner uses widely adopted industry standards to verify age and to obtain parental consent and applies the standards consistently and in good faith;
  • requires a developer of a software application to designate an age rating for each app, to provide each rating and the specific content associated with the rating to app stores, to notify an app store of significant changes in the terms of service or privacy policy;
  • to create and implement an age verification system (4 tiers) using information provided by the app store owners and to determine whether consent has been obtained;
  • limits use of personal data by a developer;
  • specifies that developer violates the statute by: (1) enforcing a contract entered into a minor without consent; (2) knowingly misrepresenting information to parents or guardians; or (3) sharing or disclosing personal data except as required by other law;
  • protects an developer from liability for certain violations if the owner uses widely adopted industry standards to determine the age rating and specific content and applies the standards consistently and in good faith;
  • further protects a developer from liability if the developer relied in good faith on age category and consent information received from the app store owner and otherwise complied with the statute;
  • creates a DTPA violation;
  • provides that remedies are not exclusive and in addition to any other action or remedy.

Signed by Governor on 5/27. Effective 1/1/26.

 

SB 2368 by Campbell (R-San Antonio): 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). Sent to Governor on 6/1.

 

HB 4623 by Little (R-The Colony): Adds Chapter 118, CPRC, to hold a public school that is grossly negligent or reckless, or engages in intentional misconduct in hiring, supervising, or employing a professional school employee liable for sexual misconduct or failure to report suspected child abuse or neglect. Requires the employee to be named in the lawsuit. Makes the school jointly and severally liable. Entitles a prevailing claimant to recover actual damages up to $500,000, costs, and attorney’s fees. Waives governmental and official immunity to the extent of liability created by the statute. Bars the employee from asserting official immunity. Sent to Governor on 6/2.

 

HB 130 by Bonnen (R-Friendswood): Prohibits a medical facility, research facility, company, or nonprofit organization that conducts research on or testing of genome sequencing in Texas 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. Prohibits the sale or transfer of genomic sequencing data of Texas residents as part of a bankruptcy proceeding to any of those entities. Requires storage of genome sequencing data of Texas residents in the US and imposes certain security requirements. Requires annual certification of compliance. 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. Lifts caps on punitive damages. Sent to Governor on 5/26.

 

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, and appropriate permits.
  • Requires each applicant shall pay an initial licensing fee in the amount of $10,000 per location where processing or manufacturing of hemp will occur, as well as a renewal fee of an additional $10,000.
  • Allows renewal if the license holder: 1) is not ineligible to hold the license under Section 443.102; 2) has not violated this chapter or a rule adopted under this chapter; 3) submits to the department any license renewal fee; and 4) does not owe any outstanding fees to the department.
  • 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 to determine the concentration and identity of the cannabinoids in the plant and the presence or quantity of heavy metals or other substances prescribed by the department.
  • Requires testing to occur in a laboratory located in the state of Texas and registered with the USDEA and through an accredited institution in accordance with the ISO/IEC.
  • Requires testing to use post-decarboxylaion, high-performance liquid chromotography, or a similar method.
  • Requires the person who tests the product to report the test results to the department.
  • Prohibits a product that contains any amount of a cannabinoid other than cannbidiol or cannabigerol to be sold or introduced into commerce in this state.
  • Requires testing results to be be made available to the seller by the license holder.
  • Requires the owner of a location which sells consumable hemp products to register with the department by paying a fee of $20,000 per location.
  • Requires a manufacturer to register a consumable hemp product with the department before offering the product for sale by paying a fee of $500 per product.
  • Prohibits the department from licensing a product containing any artificial or synthetic cannabinoids or alcohol, tobacco, nicotine, kratom, kava, mushrooms, or a derivative of any of those.
  • Creates a Class B misdemeanor offiense for distribution, delivery, sale, purchase, possession, or use of an unregistered product.
  • Creates a DTPA violation for sale or distribution of a product if the seller claims it is compliant with production and packaging requirements.
  • Establishes packaging and label requirements.
  • Creates a Class A misdemeanor for marketing or packaging in a manner attractive to minors (defined as under 21).
  • Creates a Class A misdemeanor for sale of a product that contains or is marketed to contain hemp-derived cannbanoids in a package likely to mislead a person to believe the package does not contain a cannabinoid or the product is intended for medical use.
  • Bars retail sales of products manufactured outside Texas unless they were manufactured, tested, processed, and packaged in compliance with Texas law.
  • Creates a third degree felony for knowingly manufacturing, delivering, or possessing with intent to deliver illegal products.
  • Creates a Class C misdemeanor for knowing or intentional possession of an illegal product, permits DPS to suspend an offender’s driver’s license.
  • Creates a Class A misdemeanor for selling or marketing an illegal product to a minor and makes an employee of a store owner criminally responsible.
  • Creates a Class B misdemeanor for manufacturing, distributing, selling, or offering to sale a consumable hemp product for smoking (applies to any product, not just an illegal one).
  • Creates a Class B misdemeanor for selling, offering to sell, or delivering an illegal product within 1,000 feet of a school.
  • Creates a Class A misdemeanor for providing an illegal product by mail, delivery, or mail service.
  • Creates a third degree felony for intentionally forging, falsifying, or altering a lab test.
  • Creates a third degree felony for processing or manufacturing a product without a license or selling an unregistered product.
  • Establishes a complaint and investigation process by the department, including license revocation and a $10,000 per violation administrative penalty.

Sent to Governor on 5/27. Act takes effect September 1, 2025.

 

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. Sent to the Governor on 6/1.

 

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). Sent to the Governor on 5/30.

 

SB 512 by Kolkhorst (R-Brenham): 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. Sent to the Governor on 6/1.

 

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. Sent to the Governor on 5/28.

 

SB 840 by Hughes (R-Tyler): Mandates that a city or county allow the development of certain multifamily and mixed-use development projects and the conversion of commercial buildings to mixed-use and multifamily residential occupancy. Applies to a city with a population greater than 150,000 wholly or partially located in a county greater than 300,000. Has no effect on city’s authority to regulate STRs, adopt or enforce water quality standards, or density bonus programs. Requires a city to allow residential in a zoning classification allowing office, commercial, retail, warehouse, or mixed-use (but not heavy industrial use). Bars a city from adopting or enforcing an ordinance that imposes unproportional limit on density, building height, buffer or setback requirements, ratio of building floor to lot area of the development, or parking paces or structures. Limits conversion to a building (1) being used for office, retail, or warehouse use, (2) is proposed to be converted from nonresidential occupancy to mixed-use residential or multifamily for at least 65% of each floor, or (3) was built at least five years before the proposed date to start the conversion. Bars certain fees for permit applications (including parkland dedication), certain requirements in an application (e.g., traffic impact, parking, etc.), and impact fees. Authorizes an aggrieved housing organization to bring an action against a city for injunctive relief or declaratory judgment. Gives the 15th Court of Appeals exclusive jurisdiction over the action. Sent to the Governor on 5/28.

 

HB 24 by Orr (R-Hillsboro): 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. Sent to Governor on 5/31.

 

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 in the aggregate for all violations of a similar nature. Applies the DTPA, Chapter 115, Business & Commerce Code, and state laws governing financial transactions to solar retaileers and solar salespersons. Creates a private cause of action without requiring exhaustion of administrative remedies. Sent to Governor on 5/27.

 

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. Sent to Governor on 5/27.

 

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. Sent to Governor on 6/1.

 

SB 1316 by Cook (D-Houston): Adds e-cigarettes to the current restrictions on the location of advertising of tobacco products. Signed by Governor on 5/21. Effective 9/1/25.

 

SB 1806 by Sparks (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. Signed by Governor on 5/19. Effective 9/1/25.

 

SB 1851 by Nichols (R-Jacksonville): Authorizes a person to file a complaint with the attorney general of a suspected violation of requirements that a city perform an annual audit and file a financial statement. Authorizes the attorney general, on a finding of a violation, to bar the city from adopting a property tax rate that exceeds the no-new revenue tax rate. Signed by Governor on 5/24. Effective 9/1/25.

 

SB 2024 by Perry (R-Lubbock): Expands the definition of e-cigarette product to include a substance that does not contain nicotine. Prohibits an e-cigarette product from being marketed in a product shape or design disguised to appear as an alternative product. Bars marketing a product made in China or a country designated as a foreign adversary. Sent to Governor on 6/3.

 

SB 2221 by Parker (R-Flower Mound): 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 and provides for notice to each secured party. Directs the filing office to terminate the financing statement and notify the secured parties. Allows a secured party 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. Provides that an affidavit is not effective against a regulated lending institution upon notice to the filing office. Sent to Governor on 6/2.

 

SB 2371 by Nichols (R-Jacksonville): 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. Signed by Governor on 5/27. Effective 5/27/25.

 

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. Specifies that the statute does not apply to the provider of an interactive computer service, a telecommunications service, or a radio or TV station licensed by the FCC. Also imposes a civil penalty of up to $1,000 per day. Enforceable by the attorney general. Limits accessibility to confidential information to the court, a party to the action, an attorney representing a party, and a person authorized by the court. Creates a criminal offense up to a first degree felony depending on the value of the property taken. Sent to the Governor on 6/2.

 

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. Requires the owner or operator of a facility to conduct a criminal history background check on all facility personnel if at least 10 percent of the owner’s, operator’s, or facility’s operating expenses are provided by the state. Failure to conduct a background check renders the facility ineligible for state funding until the state conducts an audit. Sent to Governor on 5/28.

 

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. Sent to Governor on 6/1.

 

Tort Liability

 

SB 29 by Hughes (R-Tyler):

  • Amends § 1.002(55-a), BOC, to define a “national stock exchange” to include a Texas stock exchange approved by the securities commissioner.
  • Adds § 1.056, BOC, to provide 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 or any duty existing under Texas law.
  • Amends § 2.115(b), BOC, to permit corporate documents to specify that Texas courts shall serve as the exclusive forum and venue for internal entity claims.
  • Adds § 2.116, BOC, to allow the governing documents of a domestic entity to contain an enforceable waiver of the right to a jury trial concerning any internal entity claim.
  • Amends § 21.218, BOC, to exclude from corporate records that may be demanded by shareholders “e-mails, text messages or similar electronic communications, or information from social media counts unless a particular e-mail, communication, or social media information effectuates an action by the corporation” (applies only to a corporation with a class or series of voting shares listed on a national exchange or that has made an affirmative election to be governed by § 21.419).
  • Adds § 21.218(b-2), BOC, to provide that a writeen demand is not for a proper purpose if it is in connection with an active or pending derivative proceeding under Subchapter L or an active or pending civil lawsuit to which the corporation or its affiliate and the holder or holder’s affiliate are expected to be adversarial named parties.
  • Amends § 21.364, BOC,, to permit the holders of a majority of the corporation’s stock entitled to vote to approve an increase or decrease of the number of authorized shares in any class or series (if permitted by the certificate of formation or a prior amendment to the certificate).
  • Adds § 21.364(e-1), BOC, to provide that shares of a class or series that do not have the right to vote under the certificate of formation shall be treated as having no votes in a vote required by § 21.364(d) if the certificate provides that the vote must be as a single class.
  • Amends § 21.365(b), BOC, to allow a certificate of formation to provide that all classes or a series of stock shall only be entitled to vote as a single class or series for the purpose of approving any matter.
  • Adds § 21.416(g), BOC, to authorize the board of directors of a corporation with voting shares listed on a national exchange or that has made an affirmative election under § 21.419 to adopt resolutions that authorize the formation of a committee of independent and disinterested directors to review and approve transactions.
  • Adds § 21.4161, BOC, to authorize a corporation to petition the business court or, if the corporation’s principal place of business is not located in a county included in an operating division of the business court, a district court to hold an evidentiary hearing to determine whether the directors appointed to the committee are independent and disinterested (specifies notice requirements).
  • 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.
  • Provides that a court’s determination that the directors are independent and disinterested is dispositive in the absence of facts, not presented to the court, constituting evidence sufficient to prove otherwise with respect to a particular transaction.
  • Adds § 21.418(f), BOC, to provide that neither the corporation or shareholders have a cause of action against any director or officer for breach of duty unless permitted by § 21.419 (applies only to a corporation with shares listed on a national exchange of that has made an election to be governed by § 21.419).
  • Adds § 21.419, BOC, to establish 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 and the corporation’s governing document.
  • Limits a cause of action by the corporation or shareholders 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.
  • Amends § 21.551(2), BOC, the definition of “shareholder,” to include “two or more shareholders acting in concert under an informal or formal agreement or understanding with respect to the derivative proceeding.”
  • Amends § 21.552(a), BOC, in the case of a corporation with common shares listed on a national exchange or one that has elected to be governed by § 21.419 and has 500 or more shareholders at the time the derivative proceeding is instituted, to require the shareholder instituting the proceeding to beneficially own a number of the common shares sufficient to meet the required ownership threshold, provided that it does not exceed 3% of the outstanding shares of the corporation.
  • Amends § 21.554, BOC, to provide 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.
  • Requires the petition to be filed in the court in which the derivative action was instituted, but if no proceeding has been instituted, the petition must be filed in a business court (unless the corporation’s principal place of business is not located in a county outside an operating division of the court, when it must be filed in a district court of the county in which the principal place of business is located).
  • Requires an evidentiary hearing on the petition on or before the 45th day after the date of filing (unless extended for good cause).
  • Requires a shareholder not already a party to the action to intervene not later than the 7th day after hearing.
  • Requires the court to sign an order stating whether the directors are independent and disinterested not later than the 75th day after the petition is filed (unless extended for good cause).
  • 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.
  • Amends § 21.561, BOC, to provide that a substantial benefit to the corporation does not include additional or amended disclosures made to the shareholders, regardless of materiality.
  • Adds § 101.256, BOC, to apply the same presumptions of good faith and compliance and limitations on liability to limited liability companies with a class or series of voting shares listed on a national exchange.
  • Adds § 152.006, BOC, to apply the same presumptions of good faith and compliance and limitation on liability to partnerships with a class or series of partnership interests listed on a national exchange.
  • Makes other conforming changes with respect to limited liability companies and partnerships.

Signed by Governor on 5/14. Immediate effect.

 

SB 823 by Middleton (R-Galveston): Prohibits a person from selling shrimp without a label that conspicuously states whether the product was originated in Texas. Passed House on 5/28.

 

HB 1130 by Isaac (R-Dripping Springs): Adds Chapter 75C, CPRC, to limit the liability of a cavern operator if the operator posts a prescribed warning at the cavern entrance. Does not limit liability for injury proximately caused by: (1) the operator’s negligence with regard to the safety of the cavern area of a cavern activity participant; (2) a potentially dangerous condition in the cavern area of which the operator has knowledge or should have knowledge; (3) negligent training of an employee actively involved in the cavern area or a cavern activity; or (4) the operator’s intentional conduct. Signed by Governor on 5/29. Effective date 5/29,25.

 

SB 1145 by Birdwell (R-Granbury): 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 direct the TCEQ to issue permits and specifies permitting of land application of produced water. Signed by Governor on 5/13. Effective 9/1/25.

 

HB 145 by King (R-Canadian): Allows an electric utility to self-insure liability for wildfire and potential damages resulting from personal injury or property damages caused by wildfire. Directs the PUC to approve a self-insurance plan (in addition to existing requirements), if commercial insurance alone is not sufficient to cover potential liability or the utility cannot obtain commercial insurance for a reasonable premium. Requires a utility to implement a plan and imposes administrative penalties for failure to comply. Requires the PUC to prioritize consideration of potential extent of wildfire losses based on historical data, actuarial studies, and the possibility of the utility’s exposure from multiple types of disasters occurring in the utility’s service area. 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 that a utility is not liable for damages resulting from a wildfire if the trier of fact finds: (1) the utility submitted, obtained PUC approval of, and implemented a plan; (2) was in compliance with relevant measures of the plan with respect to the specific equipment found to have ignited or propagated the fire; and did not cause the wildfire intentionally, recklessly, or negligently. Allows the trier of fact to consider relevant factors contributing to wildfire ignition or propagation to the extent the mitigation plan approved by the PUC departed from nationally accepted safety standards at the time of approval. Sent to Governor on 6/2.

 

HB 3619 by Dean (R-Longview): Amends § 89.403, Natural Resources Code, to direct the RRC to restore the surface if it plugs or replugs a well, unless the landowner declines. Amends § 89.004 to bar a person authorized to enter land from taking an action preventing the surface owner from accessing it, except as necessary to prevent injury to public health. 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. Sent to Governor on 6/1.

 

HB 4157 by Bonnen (R-Friendswood): Adds § 100A.005, CPRC, to allow parties engaged in space flight activities, including contractors, subcontractors, or customers of a party, to execute an enforceable reciprocal waiver of claims. Sent to Governor on 5/30.

 

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. Sent to Governor on 5/30.

 

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 gross negligence or intentional misconduct or for negligence regarding safety of the area, the participant, or the vehicle or equipment, for a potentially dangerous condition at the area (other than inherent dangers of which the participant knew or should have known were dangerous), or for the entity’s failure to train or improper training of an employee activiely involved in the vehicle area or activity. Does not limit liability for intentional conduct. Provides that the doctrine of attractive nuisance does not apply to a claim. Sent to Governor on 6/1.

 

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. Sent to Governor on 5/31.

 

SB 920 by Sparks (R-Midland): Amends § 22.052. Education Code, to expand 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 an employee, including a nurse, to administer nonprescription medication or medication without further authorization under certain circumstances.  Signed by Governor on 5/30. Effective date 9/1/25.

 

SB 1057 by Parker (R-Flower Mound): Adds § 21.373, Business Organizations Code, to permit a nationally listed corporation to opt in to a requirement that a shareholder or group of shareholders, to submit a matter for approval at a shareholders meeting, 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. SB 1057 signed by Governor on 5/19. Effective 9/1/25.

 

SB 1119 by Hughes (R-Tyler): 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. Signed by Governor on 5/21. Effective 5/21/25.

 

SB 1146 by Birdwell (R-Granbury): 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. Signed by Governor on 5/28. Effective 9/1/25.

 

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. Sent to Governor on 6/1.

 

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. Prohibits a senior retirement community from preventing or inhibiting a resident or penalizing a resident for communicating with law enforcement, family, a social worker, or other interested person regarding safety and security. Prohibits interference with a law enforcement or court officer entering a common area to conduct a voluntary interview with a resident. Sent to Governor on 5/22.

 

SB 1558 by Perry (R-Lubbock): 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. Sent to Governor on 6/1.

 

SB 2807 by Hagenbuch (R-Denton): Prohibits a state agency from discriminating against a person operating an automated motor vehicle or an automated motor vehicle relative to other types of motor vehicles or with respect to road usage. Regulates automated motor vehicles and motor vehicles equipped with an automated driving system. Requires a person to comply with specified requirements in order to operate an automated motor vehicle for transporting passengers or property in furtherance of a commercial enterprise.  Applies commercial motor vehicle laws to automated vehicles. Establishes an enforcement mechanism and hearing process. 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. Provides that an automated motor vehicle is considered a transportation network company driver for purposes of insurance coverage requirements. Regulates entities that, for compensation, enable a passenger to prearrange a ride in an automated motor vehicle through the entity’s digital network as transportation network companies. Sent to Governor on 6/2.

 

Construction Law

 

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. Sent to Governor on 5/22.

 

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. Sent to Governor on 5/21.

 

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. Sent to Governor on 5/22.

 

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 sufficient funds for the assignment; (2) the assignment is not made part of the construction contract; (3) the assignee is a beneficiary, trustee, or property owner under the construction contract; and (4) written notice of the assignment is provided to the property owner and contractor on the project not later than the seventh day after the date the assignment was made. Sent to Governor on 5/23.

 

Freedom to Contract

 

HB 34 by Metcalf (R-Conroe): Bars the investment of state money in a country of concern (as designated by the governor) or scrutinized country or certain entities connected with those countries. Sent to Governor on 5/26.

 

SB 17 by Kolkhorst (R-Brenham): Adds Subchapter H, Chapter 5, Property Code, to prohibits a governmental entity of a designated company, company directly or indirectly controlled by a designated government, or company or entity owned by or the majority of stock or other ownership interest of which is held or controlled by a designated government or entity, or an individual domiciled in a designated country (unless lawfully present in the US) or a citizen of a designated country domiciled outside the US, from acquiring an interest in real property. Authorizes the governor to determine whether the acquisition of an interest in real property by an individual or entity poses a risk to national security and to designate a country or transnational criminal organization for purposes of prohibiting acquisition of an interest in real property. Gives the attorney general enforcement authority in a district court of a county in which the property is located. Provides for investigative authority. Provides for the appointment of a receiver to sell property acquired in violation of the statute. Attorney general enforcement for civil penalty of the greater of $250,000 or 50% of the market value of the property. Creates a criminal offense. Sent to Governor on 6/1.

 

SB 835 by Paxton (R-McKinney): Adds Chapter 129C, CPRC, to void nondisclosure agreements or any other agreement that to the extent that it prohibits a person, including a party, from disclosing an act of sexual abuse or facts related such an act to any other person. Does not prohibit keeping a person from agreeing to keep confidential other provisions of a settlement agreement, including payment terms. Provides that a party seeking to enforce an agreement entered into before the effective date must obtain a declaratory judgment declaring the provision enforceable. Sent to Governor on 5/28.

 

HB 119 by Gerdes (R-Smithville): Prohibits a lobbyist from engaging in lobbying activities on behalf of a foreign adversary, foreign adversary client, foreign adversary political party, entity owned or controlled by a foreign adversary (as designated by the US secretary of commerce). Enforcement by the attorney general for injunctive relief and a civil penalty of up to $10,000 civil penalty and the amount of any compensation the registrant received, plus attorney’s fees and costs. Sent to Governor on 6/2.

 

SB 2337 by Hughes (R-Tyler): Bars a proxy advisor from making recommendations based on non-financial factors, including ESG and DEI factors, as well as voting recommendations on shareholder proposals that are inconsistent with the voting recommendation of the board or board committee composed of a majority of independent directors and does not include a written economic analysis. Requires certain disclosures and warnings by proxy advisors. Requires a written economic analysis. Prohibits a proxy advisor from making conflicting recommendations to different shareholders on the same proxy or company proposal (or nominee for a company’s governing authority). Creates a DTPA violation. Authorizes a Chapter 37 dec action to determine whether a proxy advisor violated the statute. Sent to Governor on 6/2.

 

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. Does not apply to timeshares or dwellings that are single-family houses, duplexes, triplexes, or quadraplexes located on subdivided lots in a parcel 25 acres or greater, if owned by a religious organization, association, society, or nonprofit institution or organization operated or controlled by any of those entities. Prohibits charging a fee or share of the proceeds of a transfer. Creates a DTPA violation. Sent to Governor on 6/1.

 

HB 4215 by Hunter (R-Corpus Christi): 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. Bars persons with certain felony convictions within the past seven years. Requires criminal background checks. Requires a company to adopt a policy prohibiting a delivery person from discriminating against a customer. States that delivery persons are independent contractors if the company does not exert control in specified ways. Provides for suspension or revocation of the company license for violations. Signed by Governor on 5/28. Effective 9/1/25.

 

SB 1318 by Schwertner (R-Georgetown): Amends § 15.50, Business & Commerce Code, to limit the amount of a buyout of a physician’s covenant not to compete to an amount not greater than the physician’s total annual salary and wages at the time of the termination of the contract or employment. Limits the term of the covenant to one year and the scope to a five-mile radius. Voids non-compete provisions if the physician was involuntarily discharged without good cause. Adds § 15.501, Business & Commerce Code, to establish parallel requirements for a covenant not to compete with a licensed dentist, vocational nurse, or physician assistant. Sent to Governor on 6/1.

 

Health Care Liability

HB 216 by Harris Davila (R-Round Rock): Subjects a health care provider to disciplinary action by the appropriate licensing board for failure to mail, e-mail, or provide a physical copy copy of an itemized bill to a patient who has not created a patient profile in a portal used to issue electronic bills. Does not apply to a health care provider who in good faith mails a hard copy of an itemized bill if the copy is returned as undeliverable or lost or the address on file was not current. Sent to Governor on 5/31.

 

HB 742 by S. Thompson (D-Houston): Requires first responders to complete a training course on identifying, assisting, and reporting victims of human trafficking. Requires posting of signage with specified information in a location easily accessible to all employees and in various languages. 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. Sent to Governor on 5/26.

 

HB 923 by Hernandez (D-Addison): Increases the size of the Texas Medical Disclosure Panel from 9 to 13 members, 3 public members (1 with a background in health literacy), 3 lawyers (at least one of which must have experience representing physicians or providers and one representing patients), and seven licensed physicians. Appointments by the executive commissioner of HHSC. Prohibits the panel from voting on a matter unless the seven physician members are present. 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. Specifies that the panel is not authorized to take any action changing the scope of practice of physicians or other providers. Sent to Governor on 5/22.

 

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% greater than amounts generally billed for a service or not more than 50% greater than the lowest contracted rate, except for Medicaid, Medicare, and CHIP. Sent to Governor on 5/28.

 

HB 2038 by Oliverson (R-Cypress): Requires the board to issue an initial provisional license to practice medicine if the licensee meets certain requirements. Bars licensure of a non-citizen or non-legal resident who is a citizen of a country posing a risk to national security (as identified by the most recent Annual Threat Assessment) or identified as a country subject to prohibitions in the International Traffic in Arms Regulations. Restricts the types of facilities in which a provisional licensee may practice. Requires the holder of a provisional license who meets the standards for renewal to practice in rural, medically underserved, or health professional shortage areas. Establishes a limited license to practice medicine for a physician graduate who works under the supervision of a sponsoring physician. Limits a licensee’s pratice to counties with a population less than 100,000 and only in the specialty of the sponsoring physician. Makes the sponsoring physician liable for the physician graduate’s malpractice. Allows an insurer to select a physician graduate. Sent to Governor on 6/1.

 

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. Sent to Governor on 5/31.

 

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. Requires HHSC to establish a process to provide prompt review and timely resolution of complaints. 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. Sent to Governor on 5/22.

 

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). Sent to Governor on 5/22.

 

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. Does not apply in cases of gross negligence, recklessness, or intentional misconduct. Sent to Governor on 6/2.

 

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). Three-year statute of limitations. Directs the court to award actual damages, costs, and attorney’s fees. Sent to Governor on 5/30.

 

HB 3560 by Pierson (R-Rockwall): Subjects private mental health facilities to regulation of employee misconduct. Signed by Governor on 5/29. Effective date 9/1/25.

 

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. Sent to Governor on 6/2.

 

HB 3749 by Orr (R-Hillsboro): Adds Chapter 172, Occupations Code, to regulate the the provision of elective intravenous therapy. Sent to Governor on 5/30.

 

SB 2167 by Paxton (R-McKinney): Amends § 455.206, Occupations Code, to subject massage schools the licensing requirements for massage establishments, requiring new licenses if they change location. Authorizes TDLR to delay approval or denial of a license if the commissioner has reasonable cause to believe that a criminal offense is being or is likely to be committed at the location or was committed at an establishment or school owned or operated by the applicant. Sent to Governor on 6/1.

 

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. Sent to Governor on 5/26.

 

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. Sent to Governor on 5/28.

 

HB 4454 by Vo (D-Houston): Establishes a task force to study and make recommendations on preventing misconduct in patient solicitation. Adds chemical dependency facilities to the regulation of patient solicitation. 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 to a maximum of $2,000. Creates a criminal offense. Sent to Governor on 5/28.

 

SB 761 by Hinojosa (D-McAllen): 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. Signed by Governor on 5/27. Effective 9/1/25.

 

SB 842 by Schwertner (R-Georgetown): Provides immunity for a ringside physician at a combative sports event. Does not apply to the physician’s gross negligence. Signed by Governor on 5/24. Effective 9/1/25.

 

SB 916 by Zaffirini (D-Laredo): Amends § 773.061, Health & Safety Code, to give the DHS the authority to revoke, suspend, or refuse to renew a license or certificate of an emergency services provider for violations of statutory billing requirements. Authorizes a political subdivision to annually adjust rates submitted by EMS providers by not more than the lesser of the Medicare Ambulance Inflation Factor or 10% of the provider’s prior year rates (expires 9/1/27). Sent to Governor on 5/27.

 

SB 1038 by Sparks (R-Midland): 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. SB 1308 signed by Governor on 5/13. Effective 9/1/25.

 

Judicial Matters/Practice of Law

 

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.” Requires the council to consider a justice’s or judge’s governance, access, fairness, case flow management, and court operations; and the compliance of the justice’s or judge’s court with statutory or procedural requirements for judicial reporting, court security, fee collection, indigent defense, and guardianship fraud and abuse prevention. Requires a justice or judge eligible for recognition as a center of excellence to apply for recognition on a form and in the manner prescribed by the council. Sent to Governor on 5/28.

 

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. Sent to Governor on 5/27.

 

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. SB 304 filed without signature by the Governor on 5/15. Effective 9/1/25.

 

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. Sent to Governor on 5/26.

 

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. Sent to Governor on 5/26.

 

HB 4325 by Moody (D-El Paso): Raises the amount of the penalty for barratry from $10,000 to $50,000. Sent to Governor on 5/22.

 

SB 387 by Zaffirini (D-Laredo): Raises the personal bond required of a judge presiding in the court over guardianship proceedings to $500,000. Sent to Governor on 5/27.

 

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. Signed by Governor on 5/30. Effective date 9/1/25.

 

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 25th day after receipt. Requires the attorney general to state the reasons for denying approval. Signed by Governor on 5/29. Effective date 9/1/25.

 

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. Sent to Governor on 5/22.

 

SB 2878 by Hughes (R-Tyler): Omnibus court bill.

  • Redesignates the Second 25th Judicial District as the 522nd Judicial District and changes the boundaries to include only Gonzales and Guadalupe Counties.
  • Requires the 173rd district court (Henderson County) to give preference to civil and family law matters.
  • Changes the boundaries of the 274th Judicial District to include only Comal and Hayes Counties and eliminates concurrent jurisdiction with the Second 25th Judicial District.
  • Requires the 392nd district court to give preference to criminal cases.
  • Amends § 24.591(c), Government Code, to allow the district clerk of the 451st district court (Kendall County) to serve as clerk in all criminal and civil matters, including family matters, except the county clerk serves as clerk in Class A and Class B misdemeanor cases, juvenile matters, probate matters, and guardianship matters (requires each to establish a separate docket).
  • Amends § 24.60043 to make the same change for the 498th district court in Kendall County.
  • Creates the 490th Judicial District composed of Brazoria County.
  • Creates the 492nd Judicial District composed of Colorado and Lavaca Counties.
  • Creates the 501st and 502nd Judicial Districts composed of Fort Bend County.
  • Creates the 503rd Judicial District composed of Rockwall County.
  • Creates the 504th Judicial District composed of Ellis County.
  • Creates the 511th Judicial District composed of Comal County.
  • Creates the 512th Judicial District composed of Williamson County.
  • Adds five district courts with preference for civil cases in Harris County, 513th-517th.
  • Requires the Tarrant County Criminal District Courts No. 3 and 4 to give preference to criminal cases.
  • Removes Sabine County from the 1st Judicial District with respect to the district attorney (now only San Augustine County) and provides that Sabine County voters elect a district attorney for the 273rd Judicial District (creates that office on 9/1/28).
  • Provides that the voters of Maverick County elect the district attorney for cases in district court and further that the district attorney of the 293rd Judicial District represents the state in matters arising in the 365th Judicial District in Maverick County.
  • Provides that the voters of Dimmit and Zavala Counties elect a district attorney for the 365th Judicial District (effective 1/1/29).
  • Authorizes the Maverick County commissioners court to supplement the state salary of the district attorney and set the amount of supplemental compensation pain in that county for matters arising in the 365th Judicial District.
  • Amends § 46.002, Government Code, to make conforming changes.
  • Repeals §§ 24.126(b) and (d), §§ 24.127(b) and (c), and § 24.451(b), Government Code.
  • Amends § 22.004(h-1), Government Code, to raise the expedited trial amount in controversy limit for statutory county courts from $250,000 to $325,000.
  • Amends § 25.0003(c), Government Code, to raise the concurrent jurisdictional limit for civil cases in statutory county courts from $250,000 to $325,000.
  • Amends § 25.0007(c), Government Code, to require 12-person juries in statutory county courts in which the matter controversy exceeds $500 but does not exceed $325,000.
  • Directs funds deposited n the judicial fund from statutory county courts to either the treasury by the OCA for fees paid using the electronic filing system, or to the comptroller for fees paid to an officer of the court.
  • Directs the comptroller to remit excess statutory probate court fees back to each county.
  • Amends § 25.0062(b) to direct the district clerk to serve as clerk of a county court in civil cases in which the matter in controversy exceeds $325,000.
  • Expands the jurisdiction to a county court at law in Atascosa County to include civil cases up to $1 million, suits to decide title to real or personal property, suit to enforce a lien on real property, suit for right to property valued at $500 more more that has been levied, and suit to recover real property;
  • Expands the jurisdiction of a county court at law in Bowie County to include concurrent jurisdiction in specialty court programs, misdemeanor cases, family law cases and proceedings, and probate and guardianship matters, as well as civil matters up to $325,000 (12-member jury).
  • Creates a new county ciivil court at law in Harris County.
  • Creates a second Probate Court in Hidalgo County.
  • Expands the jurisdiction of a county court at law in Hidalgo County to include all civil cases (currently limited to up to $750,000).
  • Expands the jurisdiction of all the county courts at law in Potter County to certain felony matters.
  • Expands the jurisdiction of a county court at law in Tom Green County to share concurrent jurisdiction in family law cases.
  • Amends § 25.2452 to include proceedings under the Estates Code in matters to be filed in the Wichita County court at law and to give that court concurrent jurisdiction in civil cases with an amount in controversy that exceeds $500 but does not exceed $200,000, as well as appeals from justice courts.
  • Amends § 25.2704(a) to give the 2nd Multicounty Court at Law concurrent jurisdiction in civil cases.
  • Repeals §§ 25.0212(d) and 25.1723(c), Government Code.
  • Amends § 25.0022, Government Code, to permit a former or retired justice of an appellate court to serve as a visiting judge.
  • Adds § 25.00255 to authorize a presiding judge to deny a motion of recusal or disqualification that does not comply with TRCP 18a without a hearing (the order must state the manner in which the motion failed to comply with the rule).
  • Further provides that a noncomplaint motion of recusal or disqualification is a motion for disqualification for the purpose of determining whether a tertiary recusal motion has been filed.
  • Amends § 74.003(e), Government Code, to change compensation for a retired judge or justice to a pro rata amount equal to compensation received by a court of appeals justice, calculated based on the state salary paid to a justice with eight years of service.
  • Amends § 74.046(b), Government Code, to provide for compensation for a former or retired judge or justice assigned as a judicial mentor.
  • Amends § 74.059 to authorize a judge assigned to court in a county in the Texas-Mexico border region to conduct a proceeding, other than a trial, or perform a judicial action from any location in the state using videoconference, teleconference, or other electronic means.
  • Amends §§ 74.061(h) and (i), Government Code, to based compensation of a retired judge or justice assigned to a district court on the state salary paid to a district judge with eight years of service.
  • Adds § 74.061(k) to entitle a judge assigned to court in a county in the Texas-Mexico border region to compensation equal to the maximum salary of a district judge from state and county sources if the PJ certifies that exigent cirumstances require the assignment.
  • Adds § 54.001, Government Code, to require a master, magistrate, referee, or associate judge to have been licensed to practice law in Texas for at least five years generally, but maintains the two-year requirement for selected statutory purposes.
  • Adds § 54.1601 to provide for Bell County criminal magistrates.
  • Makes conforming changes in Chapter 54 regarding qualifications of magistrates.
  • Adds § 54B to provide for criminal associate judges in Coke, Concho, Irion, Runnels, Schleicher, Sterling, and Tom Green Counties.
  • Amends § 659.012, Government Code, to provide a business court judge with an annual salary supplement from the state in the amount of the difference between the judge’s annual base salary and maximum combined base salary from all state and county sources paid to a district judge.
  • Makes numerous changes regarding grand jurors, including a permament exemption for persons 75 or older.
  • Amends § 62.001 to conform the jury wheel to new disqualifications.
  • Amends § 62.102, Government Code, to disqualify from jury service a convicted felon and to qualify a person who has not served as a petit juror for six days during the preceding three months in county court or six months in district court.
  • Amends § 62.106(a) to apply the age exemption to a person 75 or older (current law is over 75).
  • Amends § 62.109, Government Code, to require the district clerk to maintain a current list of each person temporarily or permanently exempt from jury service.
  • Further requires the court clerk to send a monthly report of persons disqualified for felony convictions to the voter registrar.
  • Transfers § 233.014, Election Code, to Chapter 30, CPRC, creating a new § 30.023 regarding special procedures for contesting a constitutional amendment election.
  • Amends § 22.220, Government Code, to bar a party from filing a notice of appeal requesting assignment to the 15th Court of Appeals unless the notice includes a matter arising out of or related to the case that is within the court’s exclusive jurisdiction.
  • Amends § 253.152(7), Election Code, to include justices of the 15th Court of Appeals in the definition of “statewide judicial office.”
  • Amends § 22.216(n-2) to provide for the creation of Places 4 and 5 of the 15th Court of Appeals to be filled by initial appointment (Place 4 in the court’s fourth year, Place 5 the following year).
  • Amends § 51.303, Government Code, to require the district court clerk to accept an application for a Chapter 82, Family Code, protective order and to make paper and electronic records more identifiable and searchable.
  • Amends § 57.002(d) to allow a justice court, municipal court, or municipal court of record in a county with 50,000 or more to appoint a spoken language interpreter who is not a certified or licensed court reporter.
  • Adds § 71.0354 to define “prosecuting attorney” to include a county attorney, district attorney, or criminal district attorney and to require prosecuting attorneys to report certain performance data to the Judicial Council (including bail information).
  • Amends § 72.015(c) to direct the judicial security division to develop a model court emergency management plan as a resource for court security committees.
  • Amends § 72.016 to expand confidentiality of judges’ personal information to OCA employees and Commission on Judicial Conduct employees and their family members.
  • Amends § 74.024(d) to require SCOTX to provide, rather than mail, copies of rules and rule amemdments.
  • Amends § 72.083 to authorize OCA to develop an alternative performance measure to assess the efficient and timely adjudication of probate and mental health matters for purposes of the annual report.
  • Amends § 74.051(c), Government Code, to entitle a presiding judge to an annual salary based on the number of district courts, business courts, and statutory county courts in the administrative region, the number of associate judges under the Family Code, and the number of retired or former judges named on the list for the region and raises the compensation levels.
  • Redesignated § 74.092(b) as § 74.0922 and requires a court security committee to meet at least once annually and submit recommendations to the county commissioners.
  • Adds Subchapter D-1, Government Code, to require the OCA to hold an annual leadership conference to provide specified information to presiding judges, local administrative judges, and court administrators (including court budgets, court activity statistics and case-level information required to be reported, duties of the local administrative judge, and other matters).
  • Amends § 75.001(d) to permit retirees who make the statutory election to considered a state judge for the purpose of appointment to a judicial branch board, commission, or council.
  • 406.206 to add proceedings under Title 1, Family Code to the electronic signature authority currently applicable to Title 5.
  • Amends § 659.012 to raise the base salary of a local administrative judge who is a district judge from $5,000 more than the judge’s maximum state salary to 3% of the annual base in a county with three or four district courts, 5% in a county with 5-9 courts, or 7% in a county with 10 or more courts (includes 7% for business court judges who serve as local administrative judge);
  • Repeals § 74.051(b), Government Code.
  • Directs the OCA to conduct a study on digital court reporting and make recommenations not later than October 1, 2026.
  • Adds §§ 51.3033 and 51.503, and § 191.0041, Local Government Code, to require that a certified copy of an original document on file in a district, joint, or county clerk’s office to include specified information.
  • Adds Subchapter K, Chapter 45A, Code of Criminal Procedure, to establish a diversion program for children alleged to have engaged in conduct constituting a misdemeanor by fine only, other than a traffic offense.
  • Contains other provisions relating to juvenile boards in certain counties.
  • Amends § 16.073, CPRC, to provide that a claim sought to be arbitrated is subject to the same limitations period that would apply to the claim if it had been brought in court, as well to as to provide that commencing an action in a court of competent jurisdiction tolls limitations for arbitration of the same claim.
  • Amends § 30.015, CPRC, to require each party or the party’s attorney in a civil action to provide the clerk written notice of the party’s name, party’s current address, and for a party who is an individual, the last three digits of the party’s SSN or Texas DL.
  • Requires municipal courts to develop court emergency management plans.
  • Amends § 21.049, Property Code, to permit notice of a special commissioners’ decision to be sent by a delivery method described under Rule 21a, TRCP (current law requires certified or registered mail).

Sent to Governor on 6/3.

 

Eminent Domain

 

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 third 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. Sent to Governor on 6/2.

 

Dobbs/SB 8/Obergefell/LGBTQ

 

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 the attorney general to enforce the prohibition by seeking declaratory and injunctive relief, court costs, and attorney’s fees. Abolishes sovereign immunity to the extent of liability under the statute. Bars a court from awarding attorney’s fees to a defendant. Exempts these actions from Rule 91a, TCPA, and RFRA (Chapter 110, CPRC). Sent to Governor on 5/28.

 

Landlord-Tenant

SB 38 by Bettencourt (R-Houston): Amends § 24.005, Property Code, to streamline the process for evicting a tenant for nonpayment of rent. Establishes venue in the justice precinct in which the property is located. Requires a justice court to adjudicate right to possession, not title. Bars counterclaims and joinder of suits in an eviction action. Provides that only the legislature may modify or suspend statutory procedures. Retains SCOTX authority to modify or suspend provisions for court proceedings during a declared disaster but only if SCOTX’s order applies to all courts and any request for the action is made in writing and available to the public. Prescribes acceptable forms of notice. 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. Requires the court to hold a trial not later than 21 days after delivery of the transcript and original papers. Provides that the issuance of a writ of possession is a ministerial act not subject to review or delay. Immunizes landlord from damages resulting from enforcement of the judgment. Sent to Governor on 6/1.

 

SB 1333 by Hughes (R-Tyler):  Adds § 32.56, Penal Code, to create an offense for knowingly presenting to another person a false, fraudulent, or fictitious document purporting to be a lease agreement or other conveyance of an interest in real property. Adds § 32.57, Penal Code, to create an offense for knowingly listing real property for sale or lease to which the offeror does not have legal title. Allows the owner of residential real property to request the sheriff to immediately remove a squatter. Once the owner’s complaint is verified, the sheriff must immediately give the squatter notice to vacate and restore the property to the owner. Immunizes a sheriff and the property owner 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 equal to three times the fair market rent, attorney’s fees, and costs. Sent to Governor on 6/1.

 

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). Sent to Governor on 6/1.

 

HB 2037 by Darby (R-San Angelo): Amends §§ 92.0561 and 94.157, 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 §§ 92.112 and 94.110 to designate a managing agent, leasing agent, or resident manager as the agent of the landlord for purpose of notice and communications. Permits notice by e-mail. Sent to Governor on 5/31.

 

Employment Law

 

HB 762 by Leach (R-Plano): Adds § 180.011, Local Government Code, to limit the amount of severance pay a political subdivision may pay to an employee or contractor and to prohibit payment of severance pay to an employee or contractor dismissed for misconduct. Applies to a judgment in an action brought against the subdivision by an employee or contractor. Sent to Governor on 5/31.

 

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. Signed by Governor on 5/24. Effective 5/24/25.

 

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. Sent to Governor on 5/31.

 

SB 264 by Perry (R-Lubbock): Winds down the Texas self-insurance group guaranty fund and trust fund under the Texas Workers’ Compensation Act. Sent to Governor on 5/27.

 

Pandemic Liability/Emergency Powers

 

Artificial Intelligence/Data Privacy

 

HB 149 by Capriglione (R-Southlake): Regulates the development and use of AI.

  • Amends § 503.001, Business & Commerce Code (Capture of Biometric Identifiers) to add a definition of “artificial intelligence.”
  • Adds § 503.001(b-1) to provide that an individual has not been informed or provided consent for the capture or storage of a biometric identifier for a commercial purpose based solely on the existence of an image or other media on the internet or other publicly available source (unless the individual already made it publicly available).
  • Amends § 503.001(e) to exempt the training, processing, or storage of biometric identifiers involved in AI systems, unless any of the above is performed for the purpose of uniquely identifying an individual.
  • Further exempts the development or deployment for an AI model or system for the purpose of (1) preventing, protecting against, detecting, or responding to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or other illegal activity, (2) preserving the integrity or security or a system, or (3) investigating, reporting, or prosecuting a person responsible for a security incident, identity theft, fraud, harassment, malicious or deceptive activities, or other illegal activity.
  • Adds § 503.301(f) to provide that if a biometric identifier used to train an AI system is subsequently used for a commercial purpose, the possessor is subject to regulation and penalties under Chapter 503.
  • Amends § 541.104(a)(2), Business & Commerce Code (consumer data protection), to require a possessor of a biometric identifier to assist the controller in complying with security requirements for data collected,stored, and processed by an AI system.
  • Adds Subtitle D, Title 11, Business & Commerce Code.
  • Adds Chapter 551 and applies it to a person who: (1) promotes, advertises, or conducts business in Texas; (2) produces a product or service used by Texas residents; or (3) develops or deploys an AI system in Texas. (Texas courts may not have subject matter jurisdiction over out-of-state individuals or entities with insufficient contacts with the state. This could render the bill at least partially unenforceable.)
  • Adds § 551.001 to define “artificial intelligence system,” “consumer,” and “Council” (the Texas Artificial Intelligence Council established by Chapter 554).
  • Adds Chapter 552 to regulate AI developers and deployers.
  • Adds § 552.001 to define “developer” and “deployer.”
  • Adds § 552.002 to provide that the statute may not be construed to impose a requirement that adversely affects a person’s rights or freedoms or to authorize any department or agency other than TDI to regulate the business of insurance. (This provision may violate constitutional separation of powers.)
  • Adds § 552.003 to preempt local regulation.
  • Adds § § 552.051 to require a governmental agency that makes available an AI system intended to interact with the public to disclose that to a consumer and prescribes requirements for the disclosure.
  • Adds § 552.051(f) to require the provider of a health care service that uses an AI system to disclose it to the recipient of the service not later than the date the service was first provided (except in an emergency, where disclosure must be provided as soon as reasonable).
  • Adds § 552.052 to prohibit 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;
  • Adds § 552.053 to prohibit a government entity from using AI system to assign social scores.
  • Adds § 552.054 to prohibit 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.
  • Adds § 552.055 to prohibit an AI system from being deployed or developed (by any person) that intentionally limits political viewpoint expression. Prohibits an interactive computer service from using an AI system to discriminate against a user based on political speech (except for illegal hate speech, obscenity, unlawful deep fake images, or in violation of intellectual property rights).
  • Adds § 552.006 to prohibit development or deployment of an AI system that unlawfully discriminates against a protected class (does not apply to an insurance entity already subject to antidiscrimination laws or prohibitions on unfair or deceptive practices; provides that a federally insured financial institution is considered as in compliance if it complies with all federal and state banking laws and regulations).
  • Adds § 552.057 to prohibit development or deployment of an AI system with the sole intent of producing or distributing unlawful visual material.
  • Adds § 552.101 to give the attorney general exclusive enforcement authority and to bar a private right of action.
  • Adds § 552.102 to require the OAG to create and maintain an online mechanism to receive consumer complaints.
  • Adds § 552.103 to give the attorney general civil investigative authority.
  • Adds § 552.104 to provide for notice of violation and opportunity to cure.
  • Adds § 552.105 to authorizes civil penalties of not less than $10-12,000 for a curable violation;
  • Authorizes an civil penalty of $80-200,000 for an uncurable violation;
  • Authorizes an civil penalty of $2-40,000 per day for a continuing violation
  • Authorizes the OAG to recover attorney’s fees and costs.
  • Creates a rebuttable presumption tht a person used reasonable care as required under the statute.
  • Allows a defendant to seek an expedited hearing, including a request for a declaratory judgment, on good faith belief that no violation has occurred.
  • Shields a defendant from liability if: (1) another person uses the AI system for a prohibited purpose; or (2) the defendant discovers a violation through feedback from a third-party, testing (including adversarial testing or red-team testing), following state agency guidelines, or substantial compliance with the most recent version of the “AI Risk Management Framework: Generative Institute of Standards and Technology” or another nationally or internationally recognized risk management framework.
  • Bars the OAG from bringing an action against a person for an AI system that has not been deployed.
  • Authorizes state agencies to sanction regulated persons and assess penalties of up to $100,000 or to suspend or revoke a license or other certification under certain circumstances.
  • Adds Chapter 553 to establish a Sandbox Program under the auspices of DIR.
  • Adds Chapter 554 to establish the Texas Artificial Intelligence Council.
  • 1/1/26 effective date.

Passed Senate on 5/23.

 

SB 815 by Schwertner (R-Georgetown): Adds § 4201.156, Insurance Code, to prohibit a utilization review agent from using an AI-based algorithm to make, wholly or partly, an adverse determination. Authorizes the commissioner of insurance to audit and inspect. Permits the use of AI in UR as long as the algorithm for administrative support or fraud detection. Sent to Governor on 5/27.

 

HB 3388 by Paul (R-Webster): Requires an insurer during an application for a group property and casualty insurance policy to provide to each applicant a written disclosure of whether the policy has a shared aggregate limit and, if so, the amount of the limit. Requires the insurer to deliver to each member covered by the policy a copy of the certificate of insurance and a copy of the policy (within 30 days of issuance, delivery, or renewal). Allows the policy to contain casualty and liability coverage incidental to the property risk covered by the policy. Applies to surplus lines insurers, but limits the duty of a surplus lines agent to the group policy. Sent to Governor on 5/31.

 

SB 441 by Hinojosa (D-McAllen): Adds various sections to Chapter 98B, 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). Imposes liability on the owner of an Internet website, including a social media platform, and (1) who recklessly facilitates the production or disclosure of AI intimate visual material in exchange for payment, (2) who owns a publicly accessible nudification app from which the material was produced, or (3) who recklessly processes or facilitates payment for the production or disclosure of the material through the website or app. Imposes liability for damages to a person depicted in the material if the person knows or recklessly disregards that the depicted person did not consent to the production or disclosure of the material. Provides that an Internet website owner or social media platorm 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 and make reasonable efforts to identify and remove any known identical copies. 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 the owner to make available a clear and conspicuous notice of the removal process. Subjects violations to the DTPA, enforceable by the attorney general for injunctive relief and attorney’s fees and costs. 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. Creates a parallel criminal offense. Sent to Governor on 6/3.

 

SB 1188 by Kolkhorst (R-Brenham): Adds Chapter 183, Health & Safety Code, to require medical facilities, health care practitioners, and governmental entities to store all electronic health record information of Texas residents only at a US location and to ensure that the records are accessible only to individuals who require the information to perform duties within the scope of the individual’s employment related to treatment, payment, or health care operations.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. And to disclose the use of AI to the practitioner’s patients. 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. Attorney general enforcement for injunctive relief and up to $250,000 per violation civil penalties. Sent to Governor on 6/1.

 

HB 5560 by Harris (R-Palestine): Increases civil penalties set by groundwater districts from $10,000 to $25,000. Sent to Governor on 6/1.

 

Administrative Procedures

 

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. Sent to Governor on 5/26.

 

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. Signed by Governor on 4/23. Effective 9/1/25.

 

Jury Matters

 

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. Sent to Governor on 5/31.

 

HB 4749 by Landgraf (R-Odessa): Provides that a person may serve as a grand juror in a county of less than 1,000 if the person resides in contiguous county in the same judicial district and is qualified to vote in that county. Provides that in a county of less than 1,000, 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. Sent to Governor on 6/1.

 

Insurance

 

SB 1257 by Hughes (R-Tyler): 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. Signed by Governor on 5/24. Effective date 9/1/25.

 

SB 1238 by Kolkhorst (R-Brenham): Amends § 544.002, Insurance Code, to bar an insurer from refusing to provide coverage or providing differential coverage on the basis that an individual is widowed. Signed by Governor on 5/20. Effective 9/1/25.

 

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. Sent to Governor on 6/1.

 

HB 2067 by Paul (R-Webster): Amends various sections of Chapter 551, Insurance Code, to require an insurer to report to TDI at least quarterly summarizing the insurer’s reasons for declination, cancellation, or non renewal to applicants for insurance or policy holders. Requires liability and commercial property insurers to provide a written statement of the reasons for declining an insurance policy (current law requires a statement only if requested). Sent to Governor on 6/2.

 

HB 2213 by A. Johnson (D-Houston): Amends § 2210.102(d), Insurance Code, to require insurer representatives on the TWIA board to reside in Texas. Requires at least one member to be a property and casualty agent actively offering or seeling Texas windstorm and hail policies in the state. Requires three members of the TWIA board to reside outside a catastrophe area (current requirement is more than 100 miles from the Texas coastline). Sent to Governor on 5/31.

 

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. Permits an accident and health insurer to HMO to offer certain benefits to an insured or enrollee who participates in programs promoting disease prevention, wellness, or health. Sent to Governor on 5/31.

 

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, 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, credit scoring is not used in underwriting or rating, or the insured’s insurance product or tyupe of coverage does not rely on credit scoring. Sent to Governor on 6/1.

 

SB 213 by West (D-Dallas): Adds § 551.254, Insurance Code, to make it an unfair or deceptive practice to require a consumer to purchase a personal residential policy contingent on the purchase of a personal automobile policy and vice versa. Bars a person from bringing a private cause of action against an insurer or agent under this section. Enforcement by the attorney general. Sent to Governor on 5/28.

 

SB 455 by Middleton (R-Galveston)/HB 2275 by Meyer (R-Dallas): Requires a surplus lines insurance contract for a risk located wholly in the state 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, unless the insurer and policyholder agree to a different venue and the insurer provides a premium credit to the policyholder for the costs resulting from the change in venue. Permits the insurer and policyholder to agree to a different venue and governance under another state’s law for contracts over $2 million. Filed without signature on 5/27. Effective 9/1/25.

 

SB 458 by Schwertner (R-Georgetown): Adds Chapter 1813, Insurance Code, to require personal auto or residential property insurance policies to include a compliant appraisal provision. Provides that an appraisal conducted under such a provision does not affect other policy terms. Provides that the finding of an appraiser as to the amount of loss is binding on the parties, except for fraud, accident, or material mistake, or an award made without authority. Sent to Governor on 5/28.

 

SB 493 by Kolkhorst (R-Brenham): Adds, § 1369.803, Insurance Code, to prohibit a PBM 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. Voids a provision in a PBM’s network contract to that effect or preventing or restricting a pharmacist from communicating with plan sponsors or administrators regarding member services. Sent to Governor on 5/23.

 

HB 138 by Dean (R-Longview): 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. Directs the Commissioner of Insurance to issue a special data call for an estimate of administrative expenses related to specific legislation analyzed by the program. Permits the lieutenant governor, speaker, or chair or vice chair of appropriate committees to request an analysis regardless of whether the legislature is in session. Requires the center to report to the lieutenant governor, speaker, or chair of the appropriate committee within a prescribed time period after receving a request for analysis. Sent to Governor on 5/31.

 

SB 1236 by Hughes (R-Tyler)/HB 3317 by Hefner (R-Mount Pleasant): Adds § 1369.153, Insurance Code, to require a group number assigned to an enrollee in a plan covered by the statute to be assigned only to enrollees in that plan. 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. Renders void and unenforceable an adverse material change to a network contract during the term of the contract unless the parties mutually agree to the change (does not apply to a contract with no fixed term or renewal period or a change required by state or federal law). Establishes a procedure for contract modifications that do not involve an adverse material change. Directs an issuer or PBM to make available a provider manual through the online portal. 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. Requires a network contract to include a fee schedule. Signed by Governor on 5/27. Effective 9/1/25.

 

Nullification

 

SB 888 by Kolkhorst (R-Brenham): Amends § 402.024, Government Code, to require the attorney general 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. Signed by Governor on 5/25. Effective 9/1/25.

 

Civil Rights

 

SB 965 by Parker (R-Flower Mound): 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. Sent to Governor on 5/27.

 

SJR 34 by Hughes (R-Tyler): Adds Art. I, § 37, Texas Constitution, to give a parent the responsibility to nurture and protect the parent’s child and corresponding fundamental right to exercise care, custody, and control of the child, including the right to make decisions concerning the child’s upbringing. Election date 11/4/25.

 

Procedure, Discovery, and Privilege

 

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. Signed by Governor. Effective 5/28/25.

 

HB 4081 by Vasut (R-Angleton): Adds § 134A.0065, CPRC, to establish a statutory process for sealing a document containing alleged trade secrets. Allows any person to intervene as a matter of right at any time before or after judgment in an action to seal or unseal a document. Provides that the trial court retains continuing jurisdiction to seal or unseal a document. Prescribes procedures for a motion to unseal a document filed under seal. Provides that an order granting or denying a motion to unseal a document is considered to be servered from the action and is an appealable final judgment by a party or intervenor who participated in the hearing. Bars SCOTX from adopting conflicting rules. Sent to Governor on 6/2.

 

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. Sent to Governor on 5/31.

 

SB 2411 by Schwertner (R-Georgetown): 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. Signed by Governor on 5/27. Effective 9/1/25.

 

 

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