BILL ANALYSIS

C.S.H.B. 2136

By: Bhojani

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

According to a study published in the journal Science, redesigning court summons forms that defendants receive for low-level offenses reduced failures to appear on average by 13 percent. C.S.H.B. 2136 seeks to require the Office of Court Administration to design, adopt, and disseminate to each law enforcement agency in Texas a model criminal citation and addendum to the citation for the purpose of reducing costs associated with the failure of a person issued a citation to appear for a scheduled court appearance, improving the efficiency of courts in Texas, and improving the efficiency of data collection.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2136 amends the Code of Criminal Procedure to require the Office of Court Administration (OCA), not later than December 31, 2025, to design, adopt, and disseminate to each law enforcement agency in Texas a model citation and addendum to the citation for the purpose of reducing costs associated with the failure of a person issued a citation to appear for a scheduled court appearance, improving the efficiency of courts in Texas, and improving the efficiency of data collection required under other law. The bill requires the model citation adopted by OCA to meet the following criteria:

· be based on credible field, academic, or laboratory research; and

· be written in clear, plain language and include, as applicable:

o important information at the top of the citation, including:

§ the date, time, and location at which a person issued a citation must appear for court;

§ the offense charged and the action the person issued a citation is required to take regarding the charge;

§ the consequences of missing a scheduled court appearance; and

§ the phone number of the person at the court who is able to provide additional information to or answer questions from the person issued a citation; and

o at another location on the citation:

§ information regarding what the person issued a citation may expect at court, including an assurance that the person will not be arrested for appearing in court for the unresolved misdemeanor for which the citation was issued;

§ options to resolve the citation other than appearing in court;

§ the phone number of the person issued the citation; and

§ any other information, procedure, or best practice that is supported by credible research or commonly accepted as a means to achieve the purposes of the model citation and addendum described by these provisions.

The bill requires the model addendum to the citation adopted by OCA to include details:

· regarding any resources that are available to assist a person issued a citation with a court appearance, including resources that provide text reminders, parking details, general directions to the court, transportation options, child-care assistance, and rescheduling instructions; and

· for persons who are unable to afford fines or costs imposed by a court, for a payment plan, payment deferral, community service, and waiver or reduction of the fines or costs.

C.S.H.B. 2136 requires OCA, in designing the model citation and addendum, to consult with the Bill Blackwood Law Enforcement Management Institute of Texas, court clerks, the Texas Commission on Law Enforcement (TCOLE), judges, public defenders, prosecutors, a behavioral science professional with expertise in citation design, the Department of Public Safety (DPS), the Sheriffs' Association of Texas, and the Texas Police Chiefs Association. The bill requires OCA to provide for a period of user testing led by professionals with expertise in citations and a period of public comment before adopting the model citation and addendum designs.

C.S.H.B. 2136 requires each law enforcement agency, not later than September 1 of each even‑numbered year, to adopt, implement, and, as necessary, amend the citation and addendum to the citation used by the agency and requires each applicable law enforcement agency to adopt the initial citation and addendum to the citation as required by the bill's provisions not later than September 1, 2026. The bill requires the citation and addendum to the citation implemented by the agency to conform to the model citation and addendum designed, adopted, and disseminated by OCA under these provisions.

C.S.H.B. 2136 requires OCA to do the following not later than December 31 of each odd-numbered year:

· review the model citation and addendum adopted under the bill's provisions;

· conduct user tests and report on data outcomes and practices for the latest model citation and addendum;

· if appropriate, modify or update the designs;

· disseminate the designs to each law enforcement agency in Texas; and

· provide notice to each municipal and justice court in Texas of any modification or update to the model citation or addendum adopted by OCA.

C.S.H.B. 2136 defines the following terms:

· "citation" as any summons, ticket, or other official document that a peace officer issues to a person for an offense punishable by fine only and that requires the person to respond or appear, including an electronic version of the summons, ticket, or other official document;

· "law enforcement agency" as an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers; and

· "office" as the Office of Court Administration of the Texas Judicial System.

C.S.H.B. 2136 requires OCA, in disseminating the model citation and addendum to the citation, to provide electronic notice to each municipal and justice court in Texas of the requirements of the bill's provisions, including the requirement for law enforcement agencies to adopt the initiation citation and addendum to the citation by September 1, 2026. The bill establishes that each applicable law enforcement agency is not required to issue citations and addendums to citations that comply with the bill's provisions until the agency has used the remainder of the citation books the agency possesses.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2136 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both the introduced and the substitute require a state agency to design, adopt, and disseminate to each law enforcement agency in Texas a model citation for certain purposes. However, the versions differ in the following ways:

· the substitute changes the applicable state agency from TCOLE, as in the introduced, to OCA;

· the substitute includes a requirement absent from the introduced to design, adopt, and disseminate an addendum to the citation and makes conforming changes to reflect this inclusion; and

· the substitute includes improving the efficiency of data collection required under other law among those purposes, whereas the introduced did not.

Both the introduced and the substitute require the citation to include certain information. However, the versions differ in the following ways:

· the substitute omits the requirement from the introduced for the important information included at the top of the citation to be in at least 18-point font;

· the substitute omits the requirement from the introduced for the citation to include, in that font and at the top of the citation, the statement: "call this number for information about this citation";

· while both the introduced and the substitute require the following information to be included in the citation, the substitute requires the information to be included at the top of the citation, whereas the introduced did not specify the location where the information must be included:

o the date, time, and location at which a person issued a citation must appear for court;

o the offense charged and the action the person issued a citation is required to take regarding the charge; and

o the consequences of missing a scheduled court appearance;

· while both the introduced and the substitute require the citation to include information regarding what the person issued a citation may expect at court, including an assurance that the person will not be arrested, the introduced specified that the person will not be arrested for an unresolved misdemeanor punishable by fine only, whereas the substitute specifies that the person will not be arrested for appearing in court for the unresolved misdemeanor for which the citation was issued; and

· the substitute requires the following information to be included in the citation, whereas the introduced did not:

o options to resolve the citation other than appearing in court; and

o the phone number of the person issued the citation.

Whereas the introduced required the following details to be included in the citation, the substitute requires the details to be included in the addendum to the citation:

· details regarding any resources that are available to assist with a court appearance, including resources that provide text reminders, parking details, general directions to the court, transportation options, child-care assistance, and rescheduling instructions; and

· details for persons who are unable to afford fines or costs imposed by a court, for a payment plan, payment deferral, community service, and waiver or reduction of the fines or costs.

With respect to the requirement to include details regarding resources that are available to assist with a court appearance, the substitute specifies that the details are regarding any resources that are available to assist a person issued a citation, whereas the introduced did not.

While both the introduced and the substitute require the applicable state agency to consult with certain entities in designing the model citation, the versions differ in the following ways:

· the substitute changes the applicable state agency from TCOLE, as in the introduced, to OCA;

· the introduced included small, medium, and large law enforcement agencies among those entities, whereas the substitute does not;

· whereas the introduced included OCA among those entities, the substitute includes TCOLE among those entities; and

· the substitute includes the following entities among those entities, whereas the introduced did not:

o a behavioral science professional with expertise in citation design;

o DPS;

o the Sheriffs' Association of Texas; and

o the Texas Police Chiefs Association.

Both the introduced and the substitute require the applicable state agency to provide for a period of public comment before adopting the model citation design, review the model citation, modify or update the design if appropriate, and disseminate the design to each law enforcement agency in Texas. However, the versions differ in the following ways:

· the substitute changes the applicable state agency from TCOLE, as in the introduced, to OCA; and

· the substitute requires the state agency to also take the following actions, whereas the introduced did not:

o provide for a period of user testing led by professionals with expertise in citations;

o conduct user tests and report on data outcomes and practices for the latest model citation and addendum; and

o provide notice to each municipal and justice court in Texas of any modification or update to the model citation or addendum.

The substitute includes the following provisions absent from the introduced:

· a requirement for OCA, in disseminating the model citation and addendum to the citation, to provide electronic notice to each municipal and justice court in Texas of the requirements of the bill's provisions; and

· a provision exempting an applicable law enforcement agency from the requirement to issue citations and addendums to citations that comply with that the bill's provisions until the agency has used the remainder of the citation books the agency possesses.

Both the introduced and the substitute define "citation" as any summons, ticket, or other official document issued to a person by a peace officer that requires the person to respond or appear. However, the substitute specifies that the citation is issued to a person for an offense punishable by fine only, whereas the introduced did not. The substitute includes a specification absent from the introduced that the term includes an electronic version of the summons, ticket, or other official document.

The substitute replaces the provision from the introduced defining "commission" as TCOLE with a provision defining "office" as OCA.