May 22, 2023: CRTX NEWS LEGISLATIVE REPORT: PRIORITY BILLS IDENTIFIED BY CATEGORY

PRO-LIFE

PATRICK PRIORITY: SB 24, by Sen. Kolkhorst, relating to the powers and duties of the Health and Human Services Commission and the transfer to the commission of certain powers and duties from the Department of Family and Protective Services. Establishes the Texas Pregnancy and Parenting Support Network to ensure it is implemented as a continuation of the current Alternatives to Abortion Program. 05/22 House Major State Calendar Senate Bills Third Reading.

SB 2381, by Sen. Paxton, requires the Texas Health and Human Services to create a mobile friendly website and mobile application that provides comprehensive information about resources available to expectant mothers. 05/21 committee sent to the House Calendars Committee, chaired by Republican Rep, Dustin Burrows. 512.463.0542.

PATRICK PRIORITY: SB 1, by Sen. Huffman and HB 1, by Rep. Bonnen, includes increased funding for the Alternatives to Abortion Program. This bill, the state budget, is in the conference committee process.

BIOLOGICAL SEX RESTRICTIONS FOR PARTICIPANTS IN WOMEN’S COLLEGE ATHLETICS

PATRICK PRIORITY: SB 15, by Sen. Middleton, protects women’s college athletics from being invaded by men who claim to be women. 05/18 House final passage as amended reported to the Senate.

BORDER SECURITY

SB 423, by Sen. Paxton, authorizes the use of unmanned aircraft by the Texas military forces. 05/029 effective immediately.  

SB 602, by Sen. Birdwell, grants U.S. Border Patrol Agents the powers of a Texas peace officer to arrest and conduct a search and seizure for any offense under Texas or federal law. 05/12 sent to the Governor.

SB 1403, by Sen. Parker, establishes interstate compact for border security, including building a border wall. 05/17 sent to the Governor.

PHELAN PRIORITY: HB 7, by Rep. Guillen, relating to measures to address public safety threats in this state presented by transnational criminal activity, including establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses. 05/22 Senate Regular Order of Business Calendar.

SB 1481, by Sen. Creighton, relating to the exercise of eminent domain authority by the Texas Facilities Commission to build a wall along the state’s international border. 05/22 Senate Regular Order of Business Calendar.

SB 1621, by Sen. Kolkhorst, requires state contractors, political subdivisions of this state, and private employers to participate in the federal electronic verification of employment authorization program, or E-verify. 05/22 Senate Regular Order of Business Calendar. E-verify has to pass both the Senate and the House by 5/23.

SCR 29, by Sen. Creighton, declaring an invasion of the State of Texas by transnational cartel terrorists, urging the governor to accelerate the construction of a wall along the Southern Border, and urging Congress to deploy military forces to combat transnational cartels.  05/22 Senate Regular Order of Business Calendar.  This SCR has to pass the Senate AND the House.

SB 2424, by Sen. Birdwell, enforces border protection by creating a criminal offense for improper entry from a foreign nation. Those who have a criminal record and enter illegally would commit a first degree felony offense punishable by a life sentence in prison. 05/23 House Major State Calendar.

HB 800, by Rep. Guillen, relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house, increasing criminal penalties. 05/22 Senate Regular Order of Business Calendar.

BUDGET

ABBOTT EMERGENCY ITEM: Appropriate $4.6 billion to strengthen border security, $15 billion to reduce property taxes, and $100 billion for transportation.

PHELAN PRIORITY: HB 1, by Rep. Bonnen, has passed the senate. A conference committee has been appointed. Senate Conferees are Huffman, Chair, Nichols, Kolkhorst, and Creighton. House Conferees are Bonnen, Chair, Gonzales, Mary, Van Deaver, Jetton, and Moody.  The Conference Committee had its organizational meeting on 04/25. The Senate Conference Committee report (the most recent version of the bill) contains a prohibition against funding transgender surgeries under the Health and Human Services Budget. 05/16 Rules Suspended in the Senate to allow the conference committee to meet while the Senate is in session.

CURRENCY AND CURRENCY EXCHANGE

HB 1666, by Rep. Capriglione, would regulate digital asset service providers’ digital currency holdings to ensure consumer funds are secure and protected. 05/19 signed in the House.

DRAG QUEENS

SB 12 by Sen. Hughes, relating to restricting certain sexually oriented performances on public property, on the premises of a commercial enterprise, or in the presence of a child; authorizing a civil penalty; creating a criminal offense. 05/22 House Major State Calendar on 3^rd reading.

ELECTION INTEGRITY

SB 1599, by Sen. Hughes, relating to ballots voted by mail; providing for the standardization of voting procedures including with respect to a voter’s ability to correct certain defects and actions taken by early voting clerks, early voting boards, and signature verification committees. 05/21 Senate Concurs with House amendments.

HB 246, by Rep. Swanson, establishing a pilot program for recording ballot counting activity. 05/19 the final measure was agreed to by both chambers (reported Enrolled.)

HB 1217, by Rep. Swanson, clarifies that early voting must be conducted for 12 consecutive hours each day and that funding applies only to those counties that have increased hours of early voting as a result of H.B. 1217. 05/19 finally passed the Senate.

HB 2800, by Rep. Paul, amends the Election Code to require a meeting of a county election board to be held in person and open to the public. The bill requires the county clerk of a county that maintains a website to post on that website notice of a meeting of the county election board not later than 48 hours before each meeting. 05/19 senate amendments analysis distributed.

SB 1750, by Sen. Bettencourt, abolishes the county elections administrator position in counties with populations greater than 3.5 million. 05/22 House General State Calendar Senate Bills Second Reading.

SB 1933, by Sen. Bettencourt, relates to certain oversight procedures of the state over county elections. 05/22 House General State Calendar. Senate Bills Second Reading.

HB 5180, by Rep. Wilson, relating to the public inspection of election records. 05/22 3rd reading on the Senate Regular Order of Business Calendar. 

SB 1661, by Sen. Hughes, relating to a ballot scan system used in a central counting station. 05/22 House General State Calendar.

SB 1039, by Sen. Bettencourt, establishes processes to address election irregularities in a county and imposes civil penalties. 05/23 House General State Calendar.

SJR 35, by Sen. Birdwell, a constitutional amendment clarifying that a voter must be a United States citizen. 05/23 Placed on House Constitutional Amendments Calendar.

SB 1846, by Sen. Creighton, A manufacturer of voting systems used in an election may not enter into a contract, or extend or renew a contract, for software development services with a company or other entity headquartered in China, Cuba, Iran, North Korea, or Russia; or an individual who is based in China, Cuba, Iran, North Korea, or Russia. 05/23 House General State Calendar.

SB 2208, by Sen. Parker, relating to the venue for the prosecution of an election offense. 05/23 House General State Calendar.

EXPANDED MENTAL HEALTH RESOURCES

ABBOTT EMERGENCY ITEM AND PATRICK PRIORITY: SB 26, by Sen. Kolkhorst, relating to local mental health authority and local behavioral health authority audits and mental and behavioral health reporting, services, and programs. 05/22 House General State Calendar

FENTANYL CRISIS

ABBOTT EMERGENCY ITEM AND PHELAN PRIORITY: HB 6, by Rep. Goldman, relating to the designation of poisoning with a controlled substance included in Penalty Group 1-B for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; creating criminal offenses; increasing a criminal penalty. 05/20 the final measure was agreed to by both chambers and is reported Enrolled.

GOVERNMENT MANDATES

ABBOTT EMERGENCY ITEM AND PATRICK PRIORITY: SB 29, by Sen. Birdwell, prohibits governmental implementation or enforcement of a vaccine mandate, mask requirement or business and school closures. 05/22 House Major State Calendar for 2^nd reading.

SB 1104, by Sen. Birdwell, relates to the authority of the legislature, governor, and certain political subdivisions with respect to disasters and emergencies. 05/23 House General State Calendar.

GRID PROTECTION AND RELIABILITY

PATRICK PRIORITY: SB 7, by Sen. Schwertner, makes sure that the ERCOT Energy Grid is reliable. 05/22 House Major State Calendar.

SB 947, by Sen. King, relating to creating a criminal offense for damaging certain critical infrastructure facilities and providing for the prosecution of that conduct as manslaughter in certain circumstances; increasing a criminal penalty. 05/22 House General State Calendar.

SB 2012, by Sen. Schwertner, relating to the implementation of a program to meet the reliability needs of the ERCOT power region. 05/22 House General State Calendar.

SB 2013, by Sen. Schwertner, relating to access to and security of certain critical infrastructure. 05/22 House General State Calendar.

SB 1287, by Sen. King, relating to the cost of interconnecting certain electric generation facilities with the ERCOT transmission system. 05/22 House General State Calendar.

SB 330, by Sen. Hall, relating to the resilience of the electric grid and certain municipalities. 05/23 House General State Calendar.

HB 1833, by Rep. Shaheen, relating to increasing the criminal penalty for the offense of criminal mischief involving a public power supply. 05/22 Senate Regular Order of Business Calendar.

OBSCENE BOOKS IN PUBLIC SCHOOL LIBRARIES AND ACCESS TO PORNOGRAPHY ON INTERNET WEBSITES

SB 2021, by Sen. Paxton, restricts access to sexual materials harmful to minors on an Internet website. 05/19 this bill was substituted on the Senate floor for HB 1181, which passed as a floor substitute with the language from SB 2021.

HB 2700, by Rep. Guillen, relating to the prosecution of certain criminal offenses prohibiting sexually ex

explicit visual material involving children. 05/22 finally passed the Senate.

ABBOTT EMERGENCY ITEM: HB 900, by Rep. Patterson, regulates library materials sold to or included in public school libraries. 05/22 Senate Regular Order of Business Calendar.

HB 1227, by Rep. Metcalf, relating to changing the eligibility for community supervision of a person convicted of possession or promotion of child pornography.  05/22 Senate Regular Order of Business Calendar.

HB 1730, by Rep. Schaefer, enhancing the penalty for indecent exposure from a Class B misdemeanor to a Class A misdemeanor if the person on trial has once previously been convicted of such an offense. It is further enhanced to a state jail felony if the person on trial has been convicted for indecent exposure two or more times. 05/22 Senate Regular order of Business Calendar.

HB 4520, by Rep. Harris, Cody, relating to employment and retirement consequences for an educator convicted of or placed on deferred adjudication community supervision for the sale, distribution or display of materials harmful minors. 05/22 placed on the Senate Intent Calendar.

HB 18, by Rep. Slawson, relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services. 05/22 corrected committee report printed and distributed in the Senate.

 PARENTAL RIGHTS/ SCHOOL CHOICE

HB 890, by Rep. Keith Bell, relating to a process adopted by a school district regarding complaints and hearings on complaints. 05/22 Senate Regular Order of Business Calendar.

HB 800, by Rep. Ken King, the school finance bill. Sen. Creighton is hearing this bill in Sen. Education this morning 0522. It is rumored he will add school choice from SB 8 to this bill.

SB 595, by Sen. Kolkhorst, requires parental consent for psychological or psychiatric examination, testing, or treatment conducted by a school district. 05/23 House General State Calendar.

ABBOTT EMERGENCY ITEM: SB 163, by Sen. Campbell, requires parental approval for human sexuality instruction in public schools. 05/23 House General State Calendar.

PROHIBITING DISCRIMINATION/ENDING TENURE

PATRICK PRIORITY: SB 17, by Sen. Creighton, prohibits Texas State funded Universities from establishing or maintaining a Diversity, Equity and Inclusion (DEI) office for hiring which makes them hire on merit. DEI really means Discrimination, Exclusion and Indoctrination. 05/22 House Major State Calendar for 3rd reading.

SB 18, by Sen. Creighton, relating to the tenure and employment of faculty members at certain public institutions of higher education. 05/22 House Major State Calendar.

PROPERTY TAX RELIEF

PATRICK PRIORITY: SB 3, by Sen. Bettencourt, relating to an increase in the amount of certain exemptions from ad valorem taxation by a school district applicable to residence homesteads, an adjustment in the amount of the limitation on school district ad valorem taxes imposed on the residence homesteads of the elderly or disabled to reflect increases in the exemption amounts, and the protection of school districts against the resulting loss in local revenue. 05/19 House passage as amended reported to the Senate.

PROTECTING CHILDREN FROM TRANSGENDER TREATMENTS AND PROCEDURES and RELATED

PATRICK PRIORITY: SB 1, by Sen. Huffman and HB 1, by Rep. Bonnen, includes a prohibition on spending taxpayer funds appropriated to the Health and Human Services Commission for transgender surgery. The bill is in the conference committee process.

PATRICK PRIORITY: SB 14, by Sen. Campbell, prohibits state funding for transgender sex change drugs and sex mutilation surgery. 05/19 sent to the Governor.

PUBLIC SAFETY/JUDICIAL & PROSECUTORIAL MISCONDUCT/NO BAIL/NEW CRIMINAL OFFENSE/INCREASED PENALTIES

SB 1179, by Sen. Perry giving the Texas Civil Commitment Office the ability to criminally charge a civilly committed sexually violent predator for certain acts against another while civilly committed. 05/19 sent to the Governor.

PHELAN PRIORITY: HB 17, by Rep. Cook, relating to “taking politics out of prosecutions” relates to official misconduct by and removal of prosecuting attorneys. 05/20 Senate amendments analysis distributed to the House.

HB 1227, by Rep. Metcalf, relating to changing the eligibility for community supervision of a person convicted of possession or promotion of child pornography. 05/22 Senate Regular Order of Business Calendar.

PATRICK PRIORITY: SB 21, by Sen. Huffman, provides a mechanism for impeaching judges who do not enforce Texas civil or criminal law. 05/22 House General State Calendar.

SB 129, by Sen. Springer, increases the criminal penalty for possession or promotion of child pornography, with enhancements for caregivers who exploit a child. 05/22 House Calendar for 3rd reading.

SB 740, by Sen. Huffman, a local government must secure voter approval before passing a budget that reduces regular funding for a prosecutor’s offices compared to the previous fiscal year, as a percentage of the total annual budget. 05/23 House General State Calendar.

ABBOTT EMERGENCY ITEM: SB 1011, by Sen. Parker, increasing the punishment for trafficking of persons. 05/23 House General State Calendar.

SB 1267, by Sen. Parker, increases the punishment for the criminal offense of operating a stash house. 05/23 House General State Calendar.

ABBOTT EMERGENCY ITEM: SJR 44, by Sen. Huffman, proposing a constitutional amendment authorizing the denial of bail under some circumstances to a person accused of a violent or sexual offense or of continuous trafficking of persons and requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary to ensure the person’s appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense.05/23 House Constitutional Amendments Calendar.

PUTTING GOD AND COUNTRY BACK IN PUBLIC SCHOOLS

SB 763, by Sen. Middleton, allows schools to employ or accept as volunteers, chaplains to perform the duties of school counselor. 05/19 conference committee report (CCR) distributed. The chambers need to adopt the CCR.

SCHOOL SAFETY

ABBOTT EMERGENCY ITEM and PHELAN PRIORITY: HB 3, by Rep. Burrows, relating to measures for ensuring public school safety; including the development of, implementation of, and funding for public school safety and security requirements and the provision of safety-related resources. 05/21 passed the Senate.

ABBOTT EMERGENCY ITEM AND PATRICK PRIORITY: SB 11, by Sen. Nichols, relating to measures for ensuring safety and security in public schools, including measures related to certain student records and truant conduct and active shooter training for certain peace officers. 05/23 House Major State Calendar.    

SECOND AMENDMENT

HB 2837, by Rep. Schaefer, prohibits a person or entity from surveilling, reporting, or tracking the purchase of firearms, ammunition, and accessories through the use of certain merchant category codes and imposes a civil penalty. 05/20 the final measure was agreed to by both chambers and is reported Enrolled.