BILL ANALYSIS

C.S.H.B. 16

By: Leach

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been the tradition and practice for the chairs of the committees with jurisdiction over the judiciary to file a single omnibus bill that encompasses new courts, changes to judicial administration, and changes to jurisdiction. Ensuring that there are adequate judicial resources available to address the workload is critical to securing the proper administration of the judiciary. Instead of going about this process based upon subjective desires, each new court in this bill is justified based on need and supported by workload data provided by the Office of Court Administration of the Texas Judicial System. Some of the factors that were considered include caseloads, case backlogs, substantial population growth, objective workload measures, and county support.

C.S.H.B. 16 provides a number of revisions of current law and new provisions with respect to the following: district courts, district clerks, and district attorneys in ARTICLE 1; statutory county courts in ARTICLE 2; municipal courts in ARTICLE 3; visiting judges in ARTICLE 4; masters, magistrates, referees, and associate judges in ARTICLE 5; juvenile boards in ARTICLE 6; court administration in ARTICLE 7; copies certified by clerks in ARTICLE 8; civil, criminal, and appellate court procedures in ARTICLE 9; youth diversion in ARTICLE 10; court-ordered mental health services in ARTICLES 11A and 11B; powers of the Texas Supreme Court in ARTICLE 12; jurors in ARTICLE 13; the special prosecution unit in ARTICLE 14; and miscellaneous judicial, court, and record provisions in ARTICLE 15. Moreover, the bill enhances the penalty for harassment when the actor knows the person is a court employee or a judge, making it a Class A misdemeanor if the actor knows the person is a court employee, and enhancing that to a state jail felony if the person has been previously convicted of harassment of a court employee, and making it a state jail felony if the actor knows the person is a judge, and enhancing that to a third degree felony if the person has been previously convicted of harassment of a judge.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the court of criminal appeals in SECTION 7.04 of this bill.

ANALYSIS

C.S.H.B. 16 relates to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.

ARTICLE 1: District Courts, District Clerks, and District Attorneys

C.S.H.B. 16 amends the Government Code to replace the Second 25th Judicial District, composed of Colorado, Gonzales, Guadalupe, and Lavaca counties, with the 522nd Judicial District, composed of Gonzales and Guadalupe counties, effective January 1, 2027. Effective January 1, 2026, the bill repeals provisions that do the following:

· establish that the 25th District Court has concurrent jurisdiction with the Second 25th District Court;

· authorize the judges of the 25th and Second 25th judicial districts to hear and dispose of any suit or proceeding on either court's docket without transferring the suit or proceeding;

· authorize those judges to transfer cases from one court to the other by an order entered on the docket of the court from which the matter was transferred, but not without the permission of the judge of the court to which the case is to be transferred;

· provide for the beginning of the terms of the Second 25th District Court in Colorado, Gonzales, Guadalupe, and Lavaca counties; and

· establish that provisions relating to the 25th District Court also apply to the Second 25th District Court.

C.S.H.B. 16 establishes that, in Callahan County, the 42nd District Court and the county court have concurrent jurisdiction over all original and appellate criminal matters over which the county court has jurisdiction. The bill authorizes matters and proceedings in the concurrent jurisdiction of the courts to be filed in or transferred between the 42nd District Court and the county court. All writs and processes issued and bonds and recognizances made in transferred cases are returnable to the court to which the case is transferred as if originally issued in that court.

C.S.H.B. 16 requires the 173rd District Court in Henderson County to give preference to civil and family law matters.

C.S.H.B. 16, effective January 1, 2026, does the following:

· removes Guadalupe County from the composition of the 274th Judicial District composed of Comal, Guadalupe, and Hays counties;

· accordingly removes the 274th District Court's concurrent jurisdiction with the 25th and Second 25th district courts in Guadalupe County; and

· repeals the provision that provides for the beginning of the terms of the 274th District Court in Comal, Guadalupe, and Hays counties.

C.S.H.B. 16 requires the 392nd District Court in Henderson County to give preference to criminal cases.

C.S.H.B. 16, with respect to the 451st and 498th Judicial Districts composed of Kendall County, removes provisions that require all civil and criminal matters within the concurrent jurisdiction of the county and district courts to be filed with the county clerk in the county court and establish that the county clerk serves as the clerk of the respective district court for those matters. The bill sets out instead provisions that do the following with respect to those districts:

· establish that the district clerk serves as clerk of a district court in all criminal and civil matters, including family matters, except the county clerk serves as clerk of a district court in Class A and Class B misdemeanor cases, juvenile matters, probate matters, and guardianship matters; and

· require each clerk to establish a separate docket for a district court.

These changes take effect on the bill's effective date for the 451st Judicial District and on January 1, 2026, for the 498th Judicial District.

C.S.H.B. 16, effective September 1, 2026, creates the following judicial districts:

· the 490th Judicial District composed of Brazoria County;

· the 492nd Judicial District composed of Colorado and Lavaca counties;

· the 511th Judicial District composed of Comal County;

· the 513th Judicial District composed of Harris County;

· the 514th Judicial District composed of Harris County;

· the 515th Judicial District composed of Harris County; and

· the 523rd Judicial District composed of Montgomery County.

The bill requires the 513th, 514th, and 515th district courts to give preference to civil cases and the 523rd District Court to give preference to criminal cases.

C.S.H.B. 16 creates the following judicial districts:

· the 501st Judicial District composed of Fort Bend County;

· the 502nd Judicial District composed of Fort Bend County;

· the 503rd Judicial District composed of Rockwall County;

· the 504th Judicial District composed of Ellis County; and

· the 512th Judicial District composed of Williamson County.

These provisions take effect on December 1, 2025, if the bill receives the two-thirds vote necessary for effect before the 91st day after the last day of the legislative session or if December 1, 2025, is on or after that 91st day. Otherwise, these provisions take effect on the 91st day after the last day of the legislative session.

C.S.H.B. 16, effective October 1, 2026, creates the following judicial districts:

· the 516th Judicial District composed of Harris County; and

· the 517th Judicial District composed of Harris County.

The bill requires the district courts of these judicial districts to give preference to civil cases.

C.S.H.B. 16 requires Tarrant County Criminal District Court No. 2 and Tarrant County Criminal District Court No. 4 to give preference to criminal cases.

C.S.H.B. 16, effective January 1, 2029, establishes that the voters of Sabine County elect a district attorney for the 273rd Judicial District who represents the state in the district courts in that county. The bill establishes that the office of district attorney for the 273rd Judicial District is created on September 1, 2028. Accordingly, effective September 1, 2028, the bill revises the provision establishing that the voters of Sabine and San Augustine counties elect a district attorney for the 1st Judicial District to represent the state in that district court only in those counties by removing Sabine County from that district attorney's jurisdiction and removing voters of Sabine County as voters that elect the district attorney.

C.S.H.B. 16, effective January 1, 2029, changes the voters who elect a district attorney who represents the state in all cases before the district court of the 293rd Judicial District from the voters of that judicial district to the voters of Maverick County. The bill accordingly makes the following authorizations applicable specifically to the commissioners court of Maverick County:

· the authorization for the commissioners court of one or more of the counties comprising the 293rd Judicial District to supplement the state salary of the district attorney; and

· the authorization for the commissioners court of each county to set the amount of supplemental compensation paid by that county.

The bill establishes that the district attorney of the 293rd Judicial District also represents the state in all criminal and civil matters that arise in the 365th Judicial District in Maverick County.

C.S.H.B. 16, effective January 1, 2029, establishes that the voters of Dimmit and Zavala Counties elect a district attorney for the 365th Judicial District who represents the state in all civil and criminal matters in the district courts having jurisdiction in those counties. The bill establishes that the office of district attorney for the 365th Judicial District is created on January 1, 2029, and exists for purposes of the primary and general elections in 2028.

C.S.H.B. 16, effective January 1, 2029, makes the Professional Prosecutors Act applicable to the district attorney for the 273rd Judicial District and the county attorney performing the duty of district attorney in Fayette County.

C.S.H.B. 16 repeals the requirement for the 456th District Court in Guadalupe County to give preference to civil cases.

In ARTICLE 1, C.S.H.B. 16 repeals the following provisions of the Government Code:

· Section 24.600(b);

· effective January 1, 2026, Sections 24.126(b) and (d);

· effective January 1, 2026, Sections 24.127(b) and (c); and

· effective January 1, 2026, Section 24.451(b).

ARTICLE 2: Statutory County Courts

Notice to State Bar Members of Rules of Civil Procedure

C.S.H.B. 16 replaces the requirement for the clerk of the Texas Supreme Court to mail a copy of any rules of civil procedure or amendments to those rules promulgated by the supreme court to each registered member of the State Bar of Texas with a requirement for the clerk to provide such a copy to those members.

Cap on the Amount in Controversy in a Civil Case

C.S.H.B. 16 increases from $250,000 to $325,000 the cap on the amount in controversy in a civil case over which a statutory county court exercising civil jurisdiction concurrent with the constitutional jurisdiction of the county court has concurrent jurisdiction with the district court. Accordingly, the bill revises the following provisions to reflect this cap increase:

· the requirement for the Texas Supreme Court to adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions filed in county courts at law in which the amount in controversy does not exceed that cap;

· the requirement for the composition of the jury of a civil case pending in a statutory county court in which the matter in controversy exceeds that cap to be 12 members unless all of the parties agree to a jury composed of a lesser number of jurors; and

· the provision establishing that the district clerk serves as clerk of a county court at law of Aransas County in civil cases in which the matter in controversy exceeds that cap.

The cap increase and the jury size and Aransas County provisions apply only to a civil case filed in a statutory county court on or after the bill's effective date. A civil case filed in a statutory county court before that date is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.

Judge's Salary

C.S.H.B. 16 includes in the calculation of years of service for the purposes of determining the total annual salary of a statutory county court judge any years of service as a full-time district court, multicounty statutory court, or statutory probate court associate judge.

Excess Contributions and Fees Allocated to Statutory Probate Courts

C.S.H.B. 16 revises the requirement for the comptroller of public accounts, at the end of each state fiscal year, to determine the amounts deposited in the judicial fund by statutory probate courts and the sum of the amount paid to the presiding judge of such courts and the total amounts paid by the state to the counties for each statutory probate court judge by specifying that the applicable amounts deposited in the judicial fund are the amounts deposited in that fund under state law with respect to the $137 statutory probate court filing fee for any civil, probate, guardianship, or mental health case, remitted either:

· directly to the treasury by the Office of Court Administration of the Texas Judicial System (OCA) for fees paid using the electronic filing system; or

· to the comptroller in the manner provided under state law for fees paid to an officer of a court.

Additionally, the bill revises statutory provisions relating to the requirement to remit certain excess funds, as follows:

· clarifies that the total amounts deposited in the judicial fund by statutory probate courts in all counties used in the calculation of the excess funds are the total amounts deposited in the judicial fund by such courts as calculated under the bill's provisions;

· clarifies that the requirement applies if the comptroller determines that that total amount exceeds the applicable sum;

· changes the entity that must remit the applicable excess funds from the state to the comptroller; and

· changes the counties to whom the funds must be remitted from each county that deposited a greater amount in the judicial fund by a statutory probate court than the amount the county was paid to each county that contributed a greater amount to the judicial fund from fees collected by a statutory probate court than the amount the county was paid.

These provisions apply to the amounts deposited in the judicial fund from the $137 filing fees for any civil, probate, guardianship, or mental health case collected by a statutory probate court before, on, or after the bill's effective date.

C.S.H.B. 16 replaces the requirement for each county to annually pay the apportioned salary to the presiding judge of a statutory probate court from the $10 fees collected under state law for the filing of the annual or final report of a guardian of a person with a requirement for each county to annually pay that salary from the fees allocated to the judicial education and support fund under statutory provisions relating to local civil fees for probate, guardianship, and mental health cases in certain courts.

County Court at Law of Atascosa County

C.S.H.B. 16 includes among the matters in which a county court at law in Atascosa County has concurrent jurisdiction with the district court civil cases in which the matter in controversy exceeds the maximum amount allowed for civil cases in statutory county courts generally, as amended by the bill, but does not exceed $1 million, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition, including the following:

· a suit to decide the issue of title to real or personal property;

· a suit for the enforcement of a lien on real property;

· a suit for the trial of the right to property valued at $500 or more that has been levied on under a writ of execution, sequestration, or attachment; and

· a suit for the recovery of real property.

This change applies only to a case filed or proceeding commenced on or after the bill's effective date. A case filed or proceeding commenced before that date is governed by the law in effect on the date the case was filed or the proceeding was commenced, and the former law is continued in effect for that purpose.

C.S.H.B. 16 establishes that, in addition to other assignments provided by law, a judge of a county court at law in Atascosa County is subject to assignment to any district court in Atascosa County. The bill authorizes such a judge assigned to a district court to hear any matter pending in the district court.

C.S.H.B. 16 replaces a requirement for the judge of a county court at law in Atascosa County to be paid a total annual salary set by the county commissioners court at an amount that is not less than $1,000 less than the total annual salary received by a district judge in the county with a requirement for the judge to be paid as provided under statutory provisions relating to a statutory county court judge's salary.

County Court at Law of Bowie County

C.S.H.B. 16 removes the $200,000 cap on the amount in controversy in a civil case over which a county court at law in Bowie County has jurisdiction and instead sets that cap to be the same as the one provided under state law for civil cases in statutory county courts generally, as amended by the bill. The bill clarifies that the county court at law has concurrent jurisdiction with a district court in specialty court programs, misdemeanor cases, family law cases and proceedings, including juvenile matters, and probate and guardianship matters.

C.S.H.B. 16 entitles the official court reporter of a county court at law in Bowie County to compensation, fees, and allowances in amounts equal to the amounts paid to the official court reporters serving the district courts in Bowie County, including an annual salary. The bill removes the authority of the commissioners court to authorize the judge of such a county court at law to set the court reporter's salary and specifies instead that the salary is set by the judge and approved by the commissioners court.

C.S.H.B. 16 establishes that the jury in all civil or criminal matters before a county court at law in Bowie County is composed of 12 members, except that the jury is composed of six members in misdemeanor criminal cases and any other case in which the court has concurrent jurisdiction with county courts. The bill authorizes a judge of such a county court at law and a judge of a district court with jurisdiction in Bowie County, in matters of concurrent jurisdiction, to transfer cases between the courts in the same manner that judges of district courts in the same county may transfer cases between those courts.

C.S.H.B. 16 repeals the provision that requires the judge of a county court at law in Bowie County to be paid an annual salary that is at least equal to 60 percent, but does not exceed 80 percent, of the annual salary that is paid to a district judge in Bowie County and requires the salary to be paid from the same fund and in the same manner as other county officials in Bowie County are paid.

County Civil Court at Law No. 5 of Harris County

C.S.H.B. 16 creates the County Civil Court at Law No. 5 of Harris County on the bill's effective date.

Statutory Probate Courts of Hidalgo County

C.S.H.B. 16 redesignates the Probate Court of Hidalgo County as Probate Court No. 1 of Hidalgo County and creates Probate Court No. 2 of Hidalgo County. This provision takes effect on passage, or, if the bill does not receive the necessary vote, on the bill's effective date.

County Court at Law of Hidalgo County

C.S.H.B. 16 removes as a condition for a county court at law in Hidalgo County to have concurrent jurisdiction with the district court in a civil case that the matter in controversy does not exceed $750,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the page of the petition. This change takes effect on passage, or, if the bill does not receive the necessary vote, on the bill's effective date. This change applies only to an action filed in a county court at law in Hidalgo County on or after the effective date of the change. An action filed in a county court at law in Hidalgo County before that date is governed by the law in effect on the date the action was filed, and the former law is continued in effect for that purpose.

County Court at Law of Maverick County

C.S.H.B. 16 creates the County Court at Law of Maverick County on the bill's effective date.

County Court at Law of Potter County

C.S.H.B. 16 changes the courts in Potter County that have concurrent jurisdiction with the district court in felony cases to conduct arraignments, conduct pretrial hearings, and accept pleas in uncontested matters from the County Court at Law No. 1 of Potter County to all county courts at law in Potter County.

County Court at Law of Tom Green County

C.S.H.B. 16 establishes that a county court at law in Tom Green County has concurrent jurisdiction with the district court in family law cases and proceedings. This provision applies only to a case filed or proceeding commenced on or after the bill's effective date. A case filed or proceeding commenced before that date is governed by the law in effect on the date the action was filed, and the former law is continued in effect for that purpose.

County Court at Law of Wichita County

C.S.H.B. 16 includes proceedings under the Estates Code among the cases, matters, proceedings, and appeals that are required to be filed in the county court at law in Wichita County. The bill removes the provision establishing that a county court at law in Wichita County does not have jurisdiction in civil cases, other than a case under the Family Code or the Estates Code, in which the amount in controversy is less than the maximum amount in controversy allowed the justice court in Wichita County or more than $200,000, exclusive of punitive or exemplary damages, penalties, interest, costs, and attorney's fees. Instead, the bill specifies that the civil cases for which such a court has concurrent jurisdiction with the district court are those in which the amount in controversy exceeds $500 but does not exceed $200,000, excluding interest, exemplary damages, penalties, attorney's fees, and court costs. The bill further specifies that such a court has concurrent jurisdiction with the district court in felony cases to accept guilty pleas and in appeals from the justice courts. These provisions apply only to an action filed in a county court at law in Wichita County on or after the bill's effective date. An action filed in a county court at law in Wichita County before that date is governed by the law in effect on the date the action was filed, and the former law is continued in effect for that purpose.

2nd Multicounty Court at Law

C.S.H.B. 16 expands the concurrent jurisdiction that the 2nd Multicounty Court at Law has with the district courts by replacing the provision excepting from that jurisdiction civil cases in which the matter in controversy exceeds the maximum amount allowed for civil cases in statutory county courts generally, as amended by the bill, with a provision specifying that such civil cases are included in that jurisdiction. This provision applies only to a case filed or proceeding commenced on or after the bill's effective date. A case filed or proceeding commenced before that date is governed by the law in effect on the date the case was filed or the proceeding was commenced, and the former law is continued in effect for that purpose.

Statutory Probate Court of Montgomery County

C.S.H.B. 16 repeals the provision that does the following:

· grants eminent domain jurisdiction, including certain jurisdiction provided to a district court, to a statutory probate court of Montgomery County regardless of the amount in controversy or the remedy sought; and

· requires all eminent domain actions, cases, matters, or proceedings arising under specified statutes to be filed and docketed in a statutory probate court in Montgomery County.

This repeal applies only to an action filed on or after the bill's effective date. An action filed before that date is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.

Repealers

In ARTICLE 2, C.S.H.B. 16 repeals the following provisions of the Government Code:

· Section 25.0212(d); and

· Section 25.1723(c).

ARTICLE 3: Municipal Court Provisions

Court Security Committees

C.S.H.B. 16 makes the following changes with respect to a court security committee established for a municipal court:

· includes the development of a court emergency management plan among the committee's duties and requires each committee to develop such a plan as soon as practicable after the bill's effective date;

· replaces the authorization for the committee to recommend to the municipality the uses of resources and expenditures of money for courthouse security with a requirement for the committee to do so; and

· establishes that the committee is not a governmental body for purposes of state open meetings law or state public information law.

The bill makes the same changes with respect to a court security committee established for a municipal court of record.

Municipal Judge Residency

C.S.H.B. 16 removes the requirement for a municipal judge for the City of Grapevine to maintain residence in the city during the tenure of office and to be a resident of the city at the time of appointment or election.

C.S.H.B. 16 establishes that a municipal judge for the City of Canyon is not required to be a resident of that city.

ARTICLE 4: Visiting Judges

Statutory Probate Courts

C.S.H.B. 16 authorizes the presiding judge of the statutory probate courts to assign a former or retired justice of an appellate court, in addition to other judges currently authorized, to hold court in a statutory probate court, a county court, or any statutory court exercising probate jurisdiction under certain qualifying circumstances. The bill makes related changes to statutory provisions relating to the daily compensation of a retired or former judge assigned to a statutory probate court and eligibility criteria for assignment and the provision establishing that such a judge is not an employee of the county in which the assigned court is located.

C.S.H.B. 16 also includes a former or retired justice of an appellate court among the individuals who may be assigned to hear a case on recusal or disqualification of a statutory probate court judge and among the individuals to whom a motion of recusal or disqualification whose subject is the presiding judge of the statutory probate courts may be referred.

C.S.H.B. 16 authorizes the presiding judge of the statutory probate courts to deny a motion of recusal or disqualification of a statutory probate court judge that does not comply with Rule 18a, Texas Rules of Civil Procedure, without a hearing and requires the order denying the motion to state the manner in which the motion fails to comply with that rule. The bill establishes that a motion of recusal or disqualification that does not comply with that rule is a motion or disqualification for the purpose of determining whether a tertiary recusal motion against a judge has been filed, regardless of whether the motion was amended after filing.

Visiting Judge Salary

C.S.H.B. 16 revises provisions that provide for the amount of compensation due to a former or retired justice or judge of an appellate court who is assigned to a court of appeals to be based in part on the state base salary paid to a justice of the court of appeals to which the retired justice or judge is assigned by providing for such compensation to instead be based in part on the state salary paid to a justice of such court with comparable years of service as the retired justice or judge on the retired justice's or judge's last day of service in judicial office. The bill similarly revises provisions that provide for the amount of salary due to a retired or former judge or justice assigned to a district court to be based in part on the state base salary paid to a district judge by providing for such salary to instead be based in part on the state salary paid to a district judge with comparable years of service as the retired judge or justice on the retired judge's or justice's last day of service in judicial office.

C.S.H.B. 16 entitles a former or retired judge or justice assigned to a constitutional county court in a county located in the Texas-Mexico border region, defined by reference to statutory provisions relating to state agency strategic plans, to compensation from the state in an amount equal to the maximum annual base salary a district judge may receive from county and state sources under applicable state law if the presiding judge of the administrative judicial region in which the county lies certifies that exigent circumstances require the assignment.

Judicial Mentor Compensation

C.S.H.B. 16 entitles a former or retired judge or justice assigned as a judicial mentor to a court identified by OCA as needing additional assistance to the same salary, compensation, and expenses that the judge or justice would be entitled to under provisions relating to compensation while assigned if the judge or justice had been assigned to serve as the judge of a trial court in the administrative judicial region of the court to which the judge or justice is assigned as a judicial mentor.

Authority of Certain Judges to Use Electronic Means

C.S.H.B. 16 authorizes a judge assigned to a court that sits in a county located in the Texas-Mexico border region, defined by reference to statutory provisions relating to state agency strategic plans, to conduct a proceeding, other than a trial, or perform a judicial action from any location in Texas using videoconference, teleconference, or other available electronic means if authorized by the order of assignment.

Effective Date

C.S.H.B. 16 establishes that its ARTICLE 4 provisions take effect on passage, or, if the bill does not receive the necessary vote, on the bill's effective date.

ARTICLE 5: Masters, Magistrates, Referees, and Associate Judges

Types of Magistrates

C.S.H.B. 16 amends the Code of Criminal Procedure to include among the officers who are considered magistrates for purposes of that code a criminal associate judge appointed by an applicable district judge under the bill's provisions relating to criminal associate judges in Coke, Concho, Irion, Runnels, Schleicher, Sterling, and Tom Green counties.

Bell County Criminal Magistrates

C.S.H.B. 16 amends the Government Code to remove the qualification of having served as a justice of the peace or municipal court judge as an alternative to being licensed to practice law in Texas and in good standing with the State Bar of Texas for at least two years for purposes of appointment as a criminal magistrate to serve the courts of Bell County.

Criminal Associate Judges in Coke, Concho, Irion, Runnels, Schleicher, Sterling, and Tom Green Counties

C.S.H.B. 16 authorizes a judge of the 51st, 119th, 340th, or 391st district court to appoint a full-time or part-time criminal associate judge to perform the duties authorized by the bill if the commissioners court of the county in which the court has jurisdiction has authorized the creation of an associate judge position. The bill provides the following with respect to such appointments:

· if a court has jurisdiction in more than one county, an associate judge appointed by that court may serve only in a county in which the commissioners court has authorized the appointment;

· if more than one court in a county is subject to these bill provisions relating to criminal associate judges, the commissioners court of the county may authorize the appointment of an associate judge for each court or may authorize one or more associate judges to share service with two or more courts; and

· if an associate judge serves more than one court, the associate judge's appointment must be made as established by local rule, but in no event by less than a vote of two-thirds of the judges under whom the associate judge serves.

C.S.H.B. 16 makes existing statutory provisions governing criminal associate judges applicable to an associate judge appointed under these bill provisions, except as provided by the authorizations and prohibitions described in the subsequent paragraph.

C.S.H.B. 16 authorizes a judge to refer to a criminal associate judge any criminal case or matter relating to a criminal case for proceedings involving the following:

· a negotiated plea of guilty or no contest and sentencing before the court;

· a bond forfeiture, remittitur, and related proceedings;

· a pretrial motion;

· a writ of habeas corpus;

· an examining trial;

· an occupational driver's license;

· a petition for an order of expunction of criminal records;

· an asset forfeiture hearing relating to property that is contraband as provided by applicable state law;

· a petition for an order of nondisclosure of criminal history record information or an order of nondisclosure of criminal history record information that does not require a petition provided by applicable state law;

· a motion to modify or revoke community supervision or to proceed with an adjudication of guilty;

· setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds;

· specialty court proceedings;

· a waiver of extradition; and

· any other matter the judge considers necessary and proper.

The bill also authorizes a judge to refer to a criminal associate judge a civil case arising out of statutory provisions governing the forfeiture of contraband for any purpose authorized by those provisions, including issuing orders, accepting agreed judgments, enforcing judgments, and presiding over a case on the merits if a party has not requested a jury trial. The bill does the following with respect to a criminal associate judge:

· authorizes the judge to accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses;

· authorizes the judge to select a jury;

· prohibits the judge from presiding over a criminal trial on the merits, whether or not the trial is before a jury; and

· prohibits the judge from hearing a jury trial on the merits of a bond forfeiture.

The bill authorizes a judge of a designated juvenile court to refer to a criminal associate judge any proceeding over which a juvenile court has exclusive original jurisdiction under the juvenile justice code, including any matter ancillary to the proceeding.

ARTICLE 6: Juvenile Boards

C.S.H.B. 16 amends the Human Resources Code to revise the composition of the following juvenile boards to include the judge of the 2nd Multicounty Court at Law:

· the juvenile board of Bee County;

· the juvenile board of Live Oak County; and

· the juvenile board of McMullen County.

C.S.H.B. 16 revises the composition of the Comal County Juvenile Board as follows:

· removes the following judges:

o the judge of each county court at law in the county;

o the judge of the 22nd District Court;

o the judge of the 207th District Court;

o the judge of the 433rd District Court; and

o the judge of the 274th District Court; and

· includes the following judges and officers:

o the local administrative statutory county court judge;

o an elected judicial officer of Comal County appointed by the local administrative statutory county court judge;

o the local administrative district judge; and

o two elected judicial officers of Comal County appointed by the local administrative district judge.

C.S.H.B. 16 authorizes the county judge of Grayson County to add a judge of a county court at law to the juvenile board of Grayson County.

ARTICLE 7: Court Administration

Deferred Disposition Fee

C.S.H.B. 16 amends the Code of Criminal Procedure to replace the authorization for a judge, in issuing an order of deferred disposition, to impose a fine on the defendant in an amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense with an authorization for the judge to impose a special expense fee on the defendant in such an amount.

Fees in Expunction Proceedings

C.S.H.B. 16 requires a petitioner seeking expunction of a criminal record in a district court to pay the fee charged for filing an ex parte petition in a civil action in district court, in addition to any other fees required by law. Such fee must be waived if the petitioner is entitled to expunction due to an indictment or information being dismissed or quashed after the successful completion of a veterans treatment court program or a mental health court program. The bill authorizes a court that grants a petition for expunction of a criminal record to order such fee, or portion of the fee, to be returned to the petitioner.

C.S.H.B. 16 requires a petitioner seeking expunction of a criminal record in a justice court or a municipal court of record under state law to pay a fee of $100 for filing an ex parte petition for expunction to defray the cost of notifying state agencies of orders of expunction.

C.S.H.B. 16 requires a fee imposed under these bill provisions on a petitioner seeking expunction of a criminal record in a district court, justice court, or municipal court of record to be waived under the following conditions:

· the petitioner seeks expunction of a criminal record that relates to an arrest for an offense of which the person was acquitted, other than an acquittal for an offense which arose out of a criminal episode if the person was convicted or remains subject to prosecution for at least one other offense occurring during that episode; and

· the petition for expunction is filed not later than the 30th day after the date of the acquittal.

Courthouse Security, Municipal Court Building Security, and Justice Court Building Security Funds

C.S.H.B. 16 does the following:

· requires a county commissioners court, in administering and directing funds from the courthouse security fund and the justice court building security fund, to consider the recommendations provided by a court security committee established by the applicable local administrative district judge; and

· requires the governing body of a municipality, in administering and directing funds from the municipal court building security fund, to consider the recommendations provided by a court security committee established by the presiding or municipal judge, as applicable.

Judicial Instruction Related to Family Violence, Sexual Assault, Trafficking of Persons, and Child and Elder Abuse and Neglect

C.S.H.B. 16 amends the Government Code to expand the requirement for the Texas Court of Criminal Appeals (CCA) to assure that judicial training related to the problems of family violence, sexual assault, trafficking of persons, and child abuse and neglect is provided by including elder abuse and neglect among the required training topics. Specifically, the bill revises the initial training requirements for each district judge, judge of a statutory county court, criminal associate judge, associate judge in a suit affecting the parent-child relationship, master, referee, and magistrate, which include at least four hours of training dedicated to issues relating to the trafficking of persons and child abuse and neglect that covers at least two specified topics, by including elder abuse and neglect among those specified topics.

C.S.H.B. 16 requires the rules adopted by the CCA for such judicial training to exempt from the training requirements each judge or judicial officer, including an associate judge, who files an affidavit stating the judge or judicial officer does not hear cases involving family violence, sexual assault, trafficking of persons, child abuse and neglect, or elder abuse and neglect.

C.S.H.B. 16 requires the CCA, as soon as practicable after the bill's effective date, to adopt the rules necessary to implement these bill provisions relating to judicial training. These provisions apply to all judges, masters, referees, and magistrates elected, appointed, or holding office on or after the bill's effective date.

Fifteenth Court of Appeals

Current law establishes that the Court of Appeals for the Fifteenth Court of Appeals District consists of a chief justice and of four justices holding places numbered consecutively beginning with Place 2, but for the first three years following the court's creation the court consists of a chief justice and two justices, with this exception expiring September 1, 2027. C.S.H.B. 16 postpones the expiration date of that temporary provision to September 1, 2029, and adds the following provisions that also expire on such date:

· a requirement for Place 4 to be created and the initial vacancy in that place to be filled for the fourth year following the court's creation; and

· a requirement for Place 5 to be created and the initial vacancy in that place to be filled for the fifth year following the court's creation.

Business Court Divisions

C.S.H.B. 16 excludes Bastrop County from the jurisdiction of the Second Business Court Division and includes the county in the jurisdiction of the Third Business Court Division instead.

District Clerk Duties

C.S.H.B. 16 revises provisions relating to the duties of a district clerk with respect to record maintenance as follows:

· requires paper records to include a reference opposite each name to the minutes on which is entered the judgment in the case; and

· requires a case with an electronic record to be searchable by each party's full name, the case number, and the date on which the record was made.

Regarding the duty of a district clerk to accept applications for family violence protective orders, the bill clarifies the statutes under which such applications are filed.

Action on Fraudulent Lien

C.S.H.B. 16 revises the prohibition against a district clerk collecting a filing fee for filing a motion under statutory provisions relating to action on a fraudulent lien on real or personal property or an interest in such property as follows:

· expands the applicability of the prohibition to include any filing under those provisions; and

· clarifies that the filing fee that a district clerk is prohibited from collecting is a filing fee under Civil Practice and Remedies Code provisions relating to liability regarding a fraudulent court record or a fraudulent lien or claim filed against real or personal property.

Prosecuting Attorney Information

C.S.H.B. 16 requires each prosecuting attorney to report in the form and manner prescribed by the Texas Judicial Council (TJC) information on the following:

· the categories of criminal offenses prosecuted by the prosecuting attorney and the number of criminal cases in each category;

· the number of personnel employed by the prosecuting attorney and whether that number is sufficient to support the prosecutor's caseload;

· the number of times a defendant was released as provided by the Code of Criminal Procedure because of a delay due to the state not being ready for trial; and

· the number of electronic notices submitted by the prosecuting attorney to a court for purposes of reevaluating the bail decision, determining whether any bail conditions were violated, or taking any other applicable action with respect to a defendant charged with committing another felony offense while released on bail for a pending felony offense when the subsequent offense was committed in a different county.

The bill defines a "prosecuting attorney" for these purposes as a county attorney, district attorney, or criminal district attorney representing the state in criminal matters before the district or other courts of the county.

C.S.H.B. 16 requires the TJC to do the following:

· in prescribing the information to be submitted by a prosecuting attorney and the form and manner of submission of that information, consult with the Texas District and County Attorneys Association and other interested persons; and

· not later than September 1, 2026, prescribe the information and the form and manner of submission.

Model Court Emergency Management Plan

C.S.H.B. 16 requires OCA's judicial security division to develop a model court emergency management plan as a resource for court security committees.

Notification Procedure for Judicial Privacy

C.S.H.B. 16 revises the provision requiring the administrative director of OCA to develop a procedure to regularly notify county voter registrars, the Department of Public Safety (DPS), the Texas Ethics Commission (TEC), and any other state agency OCA determines should be notified of the judges, judges' spouses, and related family members whose personal information must be kept from public records as provided by applicable state laws to do the following:

· include local government agencies among the entities OCA must notify under the notification procedure;

· include employees of OCA and entities administratively attached to OCA and employees and commissioners of the State Commission on Judicial Conduct (SCJC) among the persons regarding whom notification is provided; and

· include among those applicable state laws the confidentiality protections of certain home address information in local property tax appraisal records.

Trial Court Performance Measures

C.S.H.B. 16 authorizes the administrative director of OCA, if the director determines a statutorily required performance measure in OCA's annual report regarding each district court, statutory county court, statutory probate court, and county court does not accurately reflect a court's performance in probate and mental health matters, to develop an alternative performance measure to assess the efficient and timely adjudication of those matters and include the alternative performance measure in the annual report.

Notice of Rules of Judicial Administration

C.S.H.B. 16 replaces requirements for the clerk of the Texas Supreme Court to mail a copy of any rules of judicial administration or amendments to those rules adopted by the supreme court to each registered member of the State Bar of Texas and to each elected member of the legislature with requirements for the clerk to provide such a copy to those members.

Term of Local Administrative District Judges

C.S.H.B. 16 replaces the specification that a district judge elected as a local administrative district judge in a county with two or more district courts serves in that elected role for a term of not more than two years with the specification that the judge serves in that elected role as follows:

· for a term of two years; or

· if the district judge's term ends before the second anniversary of the date the district judge is elected as local administrative judge, for the remainder of the district judge's term.

Court Security Committees

C.S.H.B. 16 revises the requirement for a local administrative judge to establish a court security committee to adopt security policies and procedures for the courts served by the local administrative district judge as follows:

· specifies that the courts for which the committee is to adopt security policies and procedures are the trial courts served by the local administrative district judge;

· specifies that the committee's duties include the adoption of a court emergency management plan; and

· revises the committee's composition by including a representative of a constable's office and specifying that the inclusion on the committee of one judge of each type of court in the applicable county includes a justice of the peace.

The bill establishes that such a court security committee is not a governmental body for the purposes of state open meetings law or state public information law.

C.S.H.B. 16 replaces the authorization for such a court security committee to recommend to the applicable county commissioners court the uses of resources and expenditures of money for courthouse security with a requirement for the committee to meet at least once annually and to develop and submit such recommendations to the commissioners court.

Court Leadership Conference

C.S.H.B. 16 requires OCA to hold an annual leadership conference to provide information to presiding judges of administrative regions, local administrative judges, and court administrators related to the following:

· court budgets and operational funding;

· court activity statistics and case-level information on the amount and character of the business transacted by the state trial courts;

· the duties of a local administrative judge; and

· other matters related to court administration.

The bill authorizes OCA to reimburse a presiding judge of an administrative region, a local administrative judge, or a court administrator for the expense of attending the leadership conference to the extent money is appropriated to OCA for that purpose.

Judicial Retiree Election to Be a Judicial Officer

C.S.H.B. 16 requires a judicial retiree who makes an election under applicable state law to be a judicial officer to be considered a judge of a Texas court for the purpose of appointment to a judicial branch board, commission, or council.

Specialty Court Program Requirements

C.S.H.B. 16 replaces the requirement for an applicable judge, magistrate, or coordinator, before a specialty court program may begin to operate, to provide to OCA a copy of the applicable strategic plan that incorporates duties related to supervision that will be required under the program with a requirement for the judge, magistrate, or coordinator to provide to OCA a copy of the program policy manual, participant handbook, or other adopted documentation describing the operational plan of the program.

Bond Approval Fee

C.S.H.B. 16 amends the Local Government Code to increase the amount of the fee collected by a county clerk for bond approval services from $3.00 to $5.00.

Local Consolidated Civil Filing Fee

C.S.H.B. 16 removes an appeal from the actions that must be accompanied by a $35 local consolidated civil filing fee to be paid in a district court, statutory county court, or county court in addition to all other fees and court costs.

Study on Digital Court Reporting

C.S.H.B. 16 requires OCA to conduct a study on digital court reporting, including the following:

· an evaluation of the current use of digital court reporting in Texas courts, including the cost, access, accuracy, and effectiveness of digital court reporting;

· an analysis of the use of digital court reporting in other states and jurisdictions; and

· recommendations on any necessary changes to statutes, rules, regulations, or standards regarding the use of digital court reporting in Texas.

The bill also requires OCA to establish a workgroup of stakeholders to provide information to OCA related to the study. The workgroup must include representatives of each of the following groups:

· judges of courts of record;

· organizations of shorthand reporters who serve as official court reporters;

· organizations of shorthand reporters who specialize in reporting depositions;

· individuals who provide digital court reporting services;

· attorneys who use shorthand reporting and digital court reporting services; and

· the public.

The bill defines "official court reporter" and "shorthand reporter" by reference to Government Code provisions relating to court reporters and shorthand reporting firms and defines "digital court reporting" as the act of making a verbatim record of an oral court proceeding, deposition, or proceeding before a grand jury, referee, or court commissioner for use in litigation in Texas courts through the use of digital technology, electronic recording equipment, or other recording and transcribing technology. The bill requires OCA to submit a report on the study to the governor, lieutenant governor, speaker of the house of representatives, and appropriate standing committees of the legislature not later than October 1, 2026. Nothing in these provisions may be construed to limit the methods OCA may use to gather and evaluate information related to the study or the ability of OCA to employ individuals or enter into contracts for assistance with conducting the study. These provisions expire September 1, 2027.

ARTICLE 8: Copies Certified by Clerks

C.S.H.B. 16 amends the Government Code to require a certified copy made of an original document on file in a district clerk's office or a joint clerk's office to include the following:

· on each page of the copy:

o the clerk's signature or initials;

o the applicable court's seal; or

o a unique document certification and paginated page number; and

· on the final page of the copy:

o the clerk's attestation certifying that the copy is a true and correct copy of the original document filed in the clerk's office;

o the number of pages copied; and

o the date the copy was issued.

C.S.H.B. 16 amends the Local Government Code to require a certified copy made of an original document on file in a county clerk's office to include the following:

· on each page of the copy:

o either:

§ the clerk's signature or initials; or

§ a unique document certification and paginated page number; and

o either the commissioners court seal on a copy of a document that is not a court document or the court seal on a copy of a court document; and

· on the final page of the copy:

o the clerk's attestation certifying that the copy is a true and correct copy of the original document filed in the clerk's office;

o the number of pages copied; and

o the date the copy was issued.

ARTICLE 9: Civil, Criminal, and Appellate Court Procedures

Applicability of Limitations Periods to Arbitration

C.S.H.B. 16 amends the Civil Practice and Remedies Code to subject a claim that is sought to be arbitrated to the same limitations period that would apply to the claim if the claim had been brought in court and to establish that commencing an action asserting a claim by filing suit in a court of competent jurisdiction will toll the applicable limitations period for arbitration of the same claim. The bill removes the following provisions:

· the prohibition against a party asserting a claim in an arbitration proceeding if the party could not bring suit for the claim in court due to the expiration of the applicable limitations period; and

· the authorization for a party to assert a claim in an arbitration proceeding after expiration of the applicable limitations period if the party brought suit for the claim in court before the expiration of the applicable limitations period and the parties to the claim agreed to arbitrate the claim or a court ordered the parties to arbitrate the claim.

Provision of Certain Personal Information in a Civil Action

C.S.H.B. 16 revises the requirement for each party or the party's attorney in a civil action filed in a district court, county court, statutory county court, or statutory probate court to provide the clerk of the court with written notice of the party's name and current residence or business address by also requiring that notice to include, for a party who is an individual, the last three digits of the party's social security number or the last three digits of the party's Texas driver's license. The bill makes the prohibition against the notice being required from any party or party's attorney if the party has not appeared or answered in the civil action inapplicable to a party who is the defendant in a tax suit.

Magistrate's Order for Emergency Protection

C.S.H.B. 16 amends the Code of Criminal Procedure to remove the authorization for a magistrate's order for emergency protection, on motion, notice, and hearing, or on agreement of the parties, to be transferred to the court assuming jurisdiction over the criminal act giving rise to the issuance of the order and the authorization for the criminal court, on transfer, to modify all or part of such an order in the same manner and under the same standards as the issuing court under applicable state law. Instead, the bill authorizes all or part of such an order, on request, to be modified by the court that assumed jurisdiction over the offense giving rise to the issuance of the order and establishes that the standards prescribed under state law for modification by the issuing court are applicable to a court modifying all or part of the order. These provisions apply only to a magistrate's order for emergency protection entered on or after the bill's effective date. An order entered before that date is governed by the law in effect on the date the order was entered, and the former law is continued in effect for that purpose.

Credit Toward Payment of Fines and Costs

C.S.H.B. 16 increases from $100 to $150 the amount of credit a defendant convicted of a misdemeanor or felony earns toward a fine assessed or imposed on the defendant:

· each day the defendant works in the county jail industries program, in the workhouse, on the county farm, or on public improvements and maintenance projects; or

· if there is no such county jail industries program, workhouse, farm, or projects, each day the defendant is confined in jail.

This provision applies to a defendant who is confined or performs labor to discharge fines or costs on or after the bill's effective date, regardless of whether the offense for which the fines or costs were imposed occurred before, on, or after the bill's effective date

C.S.H.B. 16 also increases from $100 to $150 the amount of the credit that is earned toward fines or costs for each eight hours of community service performed by the following defendants:

· a defendant required by a court to perform community service by a court because of inability to pay a fine or costs;

· a defendant required by a justice or judge to perform community service because of failure to pay a previously assessed fine or cost or because the court determines that the defendant has insufficient resources or income to pay a fine or cost; and

· a defendant younger than 17 years of age who is assessed a fine or cost for any Class C misdemeanor and required by a justice or judge to perform community service.

These provisions apply to a defendant who performs community service to discharge fines or costs on or after the bill's effective date, regardless of whether the offense for which the fines or costs were imposed occurred before, on, or after the bill's effective date

C.S.H.B. 16 clarifies that the additional period of confinement for which a justice or judge is required to credit a defendant, in imposing a fine and costs in a fine-only misdemeanor case, includes any period the defendant was confined in jail or prison while awaiting trial for another offense if that confinement occurred after the commission of the misdemeanor. This provision applies to a defendant who is sentenced for an offense on or after the bill's effective date, regardless of whether the offense was committed before, on, or after the bill's effective date.

Contest of Constitutional Amendment Election

C.S.H.B. 16 transfers provisions establishing special procedures for a contest of a constitutional amendment election from the Election Code to the Civil Practice and Remedies Code and amends those provisions to establish that the filing of such an election contest does not suspend implementation of a constitutional amendment that was approved by the majority of the votes cast. The bill accordingly removes provisions that do the following:

· prohibit the declaration of the official result of a contested election from being made until the contest is finally determined;

· require the secretary of state to tabulate the county returns and the governor to announce the final vote count, as ascertained from the returns, in a written document; and

· require the document announcing the final vote count to state that a contest of the election has been filed and that the declaration of the official result will not be made until the contest is finally determined.

The bill replaces the requirement for the court to include in its judgment in a contest an order directing the governor to declare the official result of the election or to declare the election void with a requirement for the court to include in the judgment an order directing the governor to declare the election valid or void.

C.S.H.B. 16 removes a provision prohibiting the trial date for such a contest from being later than the 180th day after the date of the contested election and requires the trial court instead to do the following:

· ensure that a written ruling on a pretrial motion before the court is entered not later than the 30th day after the date the motion is filed; and

· ensure the judgment of the court is not filed later than the 180th day after the date of the contested election.

The bill changes the deadline by which the appellate court is required to ensure that an action is brought to final disposition if a contestant files an appeal of the contest from the 180th day after the date the judgment becomes final to the 60th day after that date.

These provisions apply only to a contest of a constitutional amendment election filed on or after the bill's effective date. A contest of a constitutional amendment election filed before the bill's effective date is governed by the law in effect on the date that the suit is filed, and the former law is continued in effect for that purpose.

Waiver of Citation in a Suit for the Dissolution of a Marriage

C.S.H.B. 16 amends the Family Code to authorize a party to a suit for the dissolution of a marriage who executes a waiver of citation to use a digitized signature to sign the waiver. The bill removes the current prohibition against such use of a digitized signature.

C.S.H.B. 16 amends the Government Code to establish that in a proceeding filed under Family Code provisions relating to the marriage relationship, if a signature is required to be notarized, acknowledged, verified, or made under oath, the requirement may be satisfied if the electronic signature of the person authorized to perform that act, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature required to be notarized, acknowledged, verified, or made under oath.

These provisions apply to a waiver of citation executed in a suit for dissolution of a marriage that is pending in a trial court on the bill's effective date or that is filed on or after that date.

Requesting Assignment of Appeal to Fifteenth Court of Appeals

C.S.H.B. 16 prohibits a party from filing a notice of appeal in a civil case requesting assignment of the appeal to the Court of Appeals for the Fifteenth Court of Appeals District unless the notice includes a matter arising out of or related to the case that is within the court's exclusive intermediate appellate jurisdiction. This prohibition applies only to a notice of appeal filed on or after the bill's effective date. A notice of appeal filed before that date is governed by the law in effect on the date the notice was filed, and the former law is continued in effect for that purpose.

Update of Notification Methods

C.S.H.B. 16 amends the Property Code to change the method by which a court clerk, not later than the next working day after the day a decision by the special commissioners regarding an eminent domain proceeding is filed, must send notice of the decision to the parties in the proceeding, or to their attorneys of record, from certified or registered U.S. mail, return receipt requested, to a delivery method described under Rule 21a, Texas Rules of Civil Procedure, which relates to methods of service.

C.S.H.B. 16 amends the Tax Code to change the method by which a court clerk, before the 31st day after the date excess proceeds in an amount more than $25 from a sale for the foreclosure of a tax lien are received by the clerk, must send a written notice containing specified information to the former owner of the property from certified mail, return receipt requested, to a delivery method described under Rule 21a, Texas Rules of Civil Procedure.

C.S.H.B. 16 amends the Transportation Code to change the method by which a court clerk must send to the state's attorney a copy of a petition for an occupational driver's license and notice of the hearing if the petitioner's license was suspended, revoked, or canceled following a conviction for certain offenses, unless the petition is dismissed on the basis of lack of jurisdiction, from certified mail to electronic delivery or a delivery method described under Rule 21a, Texas Rules of Civil Procedure.

ARTICLE 10: Youth Diversion

C.S.H.B. 16 amends the Code of Criminal Procedure to revise statutory provisions relating to youth diversion as follows:

· removes a reference to a statute requiring placement of an applicable child in diversion instead of entering an adjudication of guilt in a trial, unless the child and the child's parents decline the opportunity for placement, from a statutory provision that requires a judge, if a diversion is not required under specified statutes, to allow a defendant who is a child to elect at the time of conviction to discharge the fine and costs by performing certain community service, receiving certain tutoring, or paying the fine and costs in the manner provided by applicable state law;

· defines "traffic offense" for purposes of statutory provisions relating to youth diversion by reference to the definition of that term under the juvenile justice code;

· changes the frequency with which a child is eligible to enter into a diversion agreement from once every 365 days to once every 12 months;

· establishes that a child is eligible to enter into a diversion agreement for more than one offense if the offenses are alleged to have occurred as part of the same criminal episode, as defined by applicable Penal Code provisions;

· removes the requirement for a justice or judge, if a child eligible for diversion contests the charge, to divert the case at the conclusion of trial on a finding of guilt without entering a judgment of conviction as provided under applicable state law; and

· removes the set amount of $50 for the administrative fee that the clerk of a justice or municipal court may collect from a child's parent to defray the costs of the diversion of the child's case and instead caps the amount of the administrative fee at $50.

C.S.H.B. 16 amends the Family Code to require the referral of a juvenile court case for any child who resides in a general residential operation (GRO) to a community juvenile service provider if the person conducting the preliminary investigation determines the following:

· there is probable cause to believe the child engaged in delinquent conduct or conduct indicating a need for supervision;

· the case does not require referral to the prosecuting attorney as provided by applicable state law; and

· the child is eligible for deferred prosecution.

For this purpose, the bill defines "general residential operation" by reference to statutory provisions governing the regulation of certain facilities, homes, and agencies that provide child care services. This requirement applies only to conduct that occurs on or after the bill's effective date. Conduct that occurs before that date is governed by the law in effect on the date the conduct occurred, and the former law is continued in effect for that purpose. For these purposes, conduct occurred before the bill's effective date if any element of the conduct occurred before that date.

C.S.H.B. 16 revises the information that must be included on an application for a family violence protective order as follows:

· provides an exception to the requirement that the application include the county of residence of each applicant for applicants that request confidentiality under specified statutory provisions; and

· includes among the information any additional information known by the applicant that may assist in finding the respondent for the purposes of services.

The bill authorizes an applicant for such a protective order to submit an affidavit of confidentiality to the court pursuant to specified statutory provisions to omit confidential information from the application and any subsequent protective order. The bill establishes that an affidavit of confidentiality is only for the court's use and prohibits its transmission to the respondent. Additionally, the bill establishes that a party's failure to use the standardized protective order form created by OCA does not affect the validity or enforceability of the application or any subsequent protective order issued.

C.S.H.B. 16 amends the Human Resources Code to require the behavior intervention instruction for staff members of a residential child-care facility who work directly with children to include crisis response training for emergency behavior intervention with a goal of limiting law enforcement involvement.

C.S.H.B. 16 requires a juvenile board to establish policies that prioritize the diversion from referral to a prosecuting attorney under the juvenile justice code of children who are residing in a general residential operation (GRO), particularly children alleged to have engaged in conduct constituting a misdemeanor involving violence to a person, and the limitation of detention, to circumstances of last resort, of children who are residing in a GRO. The bill requires a juvenile board, for purposes of monitoring the success of those policies, to track the following:

· the number of children referred to the board who reside in a GRO;

· the number of such children who receive deferred prosecution or are referred to the juvenile probation department; and

· the GRO where such a child resides.

For these purposes, the bill defines "general residential operation" by reference to statutory provisions governing the regulation of certain facilities, homes, and agencies that provide child care services.

In ARTICLE 10, C.S.H.B. 16 specifies that Section 45A.251(a-1), Government Code, as added by H.B. 1620, Acts of the 89th Legislature, Regular Session, 2025, and effective September 1, 2025, is repealed.

ARTICLES 11A and 11B: Court-Ordered Mental Health Services

In ARTICLE 11A, C.S.H.B. 16 repeals the following SECTIONS of S.B. 1164, Acts of the 89th Legislature, Regular Session, 2025, as effective September 1, 2025:

· SECTION 8, which amends Sections 574.011(a) and (b), Health and Safety Code, relating to the certificate of medical examination for mental illness;

· SECTION 9, which amends Sections 574.034(a) and (d), Health and Safety Code, relating to the findings necessary for a court order for temporary inpatient mental health services; and

· SECTION 10, which amends Sections 574.035(a) and (e), Health and Safety Code, relating to the findings necessary for a court order for extended inpatient mental health services.

ARTICLE 11A takes effect only if the following conditions are met:

· the 2nd Called Session of the 89th Legislature, 2025, ends before September 1, 2025; and

· the article receives the necessary vote for immediate effect.

If both of those conditions are met, this article takes effect on passage. If either of those conditions is not met, this article has no effect.

In ARTICLE 11B, C.S.H.B. 16 amends the Health and Safety Code to reverse the statutory changes made by SECTIONS 8, 9, and 10 of S.B. 1164, Acts of the 89th Legislature, Regular Session, 2025, as effective September 1, 2025. This article takes effect on passage or, if the bill does not receive the necessary vote, on the 91st day after the last day of the legislative session, but it takes effect only if ARTICLE 11A does not take effect. If ARTICLE 11A takes effect, ARTICLE 11B has no effect.

The following provisions describe how ARTICLE 11B of the bill changes the applicable law as amended by S.B. 1164.

Certificate of Medical Examination for Mental Illness

SECTION 8 of S.B. 1164 amended provisions prescribing the requisite criteria that form the basis for an examining physician's opinion that must be included on a certificate of medical examination for mental illness. C.S.H.B. 16 makes the following changes to those provisions:

· removes the criterion that the examined person, in the absence of inpatient mental health treatment, is likely to suffer serious risk of harm or to inflict serious harm on another person;

· replaces the criteria that, as a result of the illness, the examined person is likely to cause serious harm to the person or others and at least one of the following circumstances exists with the criteria that, as a result of the illness, either the person is likely to cause serious harm to the person or others or the first three circumstances on this list all exist:

o the person is suffering severe and abnormal mental, emotional, or physical distress;

o the person is experiencing substantial mental or physical deterioration of their ability to function independently, which is exhibited by their inability, except for reasons of indigence, to provide for their basic needs;

o the person is not able to make a rational and informed decision as to whether to submit to treatment; or

o the person is evidencing an inability to recognize symptoms or to appreciate the risks and benefits of treatment; and

· accordingly removes the person evidencing an inability to recognize symptoms or to appreciate the risks and benefits of treatment from the list of circumstances.

Order for Temporary or Extended Inpatient Mental Health Services

SECTIONS 9 and 10 of S.B. 1164 amended provisions that condition a judge's authority to order a proposed patient with a mental illness to receive court-ordered temporary or extended inpatient mental health services on the judge or jury, as applicable, finding from clear and convincing evidence that the proposed patient meets specified criteria. C.S.H.B. 16 makes the following changes to those provisions:

· removes the criterion that the proposed patient, in the absence of the court-ordered services, is likely to suffer serious risk of harm or to inflict serious harm on another person;

· replaces the criteria that, as a result of the illness, the proposed patient is likely to cause serious harm to themselves, the proposed patient is likely to cause serious harm to others, and at least one of the following circumstances exists with the criteria that, as a result of the illness, the person is likely to cause serious harm either to themselves or to others or the first three circumstances on this list all exist:

o the proposed patient is suffering severe and abnormal mental, emotional, or physical distress;

o the proposed patient is experiencing substantial mental or physical deterioration of their ability to function independently, which is exhibited by their inability, except for reasons of indigence, to provide for their basic needs;

o the proposed patient is unable to make a rational and informed decision as to whether or not to submit to treatment; or

o the proposed patient is evidencing an inability to recognize symptoms or to appreciate the risks and benefits of treatment; and

· accordingly removes the proposed patient evidencing an inability to recognize symptoms or to appreciate the risks and benefits of treatment from the list of circumstances.

The bill also reverses changes made by S.B. 1194 to the requirement for evidence of requisite findings, unless waived in an order for temporary inpatient mental health services, to include evidence of a recent overt act or a continuing pattern of behavior that tends to confirm certain information for purposes of being clear and convincing evidence. Specifically, the bill does the following:

· changes the information from both the likelihood of serious harm to the proposed patient or others and the proposed patient's distress and deterioration of ability to function to either the likelihood of such serious harm or the proposed patient's distress and deterioration; and

· removes as an alternative to such information the proposed patient's inability to recognize symptoms or appreciate the risks and benefits of treatment.

ARTICLE 12: Powers of the Supreme Court

C.S.H.B. 16 amends the Government Code to remove language establishing that, for purposes of the Texas Supreme Court having full rulemaking power in civil actions, a rule adopted by the supreme court repeals all conflicting laws and parts of laws governing practice and procedure in civil actions but that substantive law is not repealed. The bill instead establishes the following:

· to ensure the supreme court has full rulemaking power in civil actions, all laws and parts of laws governing practice and procedure in civil actions enacted before May 15, 1939, are repealed, except that a law or part of law is not superseded until the supreme court adopts a rule that governs the subject matter of the law or part of a law; and

· the provision described above does not repeal a substantive law.

The bill clarifies that the requirement for the supreme court to file with the secretary of state a list of each article or section of general law or each part of an article or section of general law that is repealed or modified in any way instead applies with respect to an article, section, or part of an article or section of general law enacted before May 15, 1939, that has been superseded by the supreme court's adoption of a rule governing the subject matter of the law or part of the law.

C.S.H.B. 16 amends the Civil Practice and Remedies Code, Estates Code, Government Code, Health and Safety Code, Occupations Code, and Property Code to make conforming changes.

C.S.H.B. 16 establishes that, on the bill's effective date, a rule adopted by the supreme court under provisions relating to rules of civil procedure, as those provisions existed before such date, that conflicts with a provision of law is invalid and has no effect in any action commenced in any court in Texas on or after the bill's effective date.

C.S.H.B. 16, in ARTICLE 12, repeals the following provisions:

· Section 10.006, Civil Practice and Remedies Code;

· Section 14.013(c), Civil Practice and Remedies Code;

· Section 14.014, Civil Practice and Remedies Code;

· Section 14A.061(c), Civil Practice and Remedies Code;

· Section 14A.062, Civil Practice and Remedies Code;

· Section 15.066, Civil Practice and Remedies Code;

· Section 30.010(d), Civil Practice and Remedies Code;

· Section 30.013(f), Civil Practice and Remedies Code;

· Section 30.018(b), Civil Practice and Remedies Code;

· Section 51.017(b), Civil Practice and Remedies Code;

· Section 52.005(b), Civil Practice and Remedies Code;

· Section 64.091(k), Civil Practice and Remedies Code;

· Section 64.093(k), Civil Practice and Remedies Code;

· Section 65.045(b), Civil Practice and Remedies Code;

· Section 98.007(e), Civil Practice and Remedies Code;

· Section 98B.008(e), Civil Practice and Remedies Code, as added by S.B. 441, Acts of the 89th Legislature, Regular Session, 2025, and effective September 1, 2025;

· Section 100B.004(e), Civil Practice and Remedies Code, as added by S.B. 2373, Acts of the 89th Legislature, Regular Session, 2025, and effective September 1, 2025;

· Section 134A.0065(k), Civil Practice and Remedies Code, as added by H.B. 4081, Acts of the 89th Legislature, Regular Session, 2025, and effective September 1, 2025;

· Section 134A.007(c), Civil Practice and Remedies Code;

· Section 154.028(m), Civil Practice and Remedies Code;

· Section 111.002(b), Family Code;

· Section 301.002, Family Code;

· Section 276.002(e), Finance Code;

· Section 23.303(e), Government Code, as added by S.B. 293, Acts of the 89th Legislature, Regular Session, 2025, and effective September 1, 2025;

· Section 74.1625(b), Government Code; and

· Section 410.305(b), Labor Code.

ARTICLE 13: Jurors

C.S.H.B. 16 amends the Code of Criminal Procedure to change the authorization for certain qualified persons to claim an exemption from grand jury service to an authorization for such persons to be exempted from grand jury service.

C.S.H.B. 16 amends the Government Code to change from the secretary of state to the district clerk the individual who must be notified by an applicable court clerk regarding the filing of a declaration that a person desires to claim a permanent exemption from jury service because the person is 75 years of age or older.

C.S.H.B. 16 changes from the voter registrar of the county to the district clerk of the county the individual with whom a person who has claimed a permanent exemption from jury service because the person is 75 years of age or older may file a signed request to rescind such exemption.

C.S.H.B. 16 conditions a district clerk's authority to permanently or for a specified period exempt from service as a juror in all the county and district courts in the county a person with a physical or mental impairment or with an inability to comprehend or communicate in the English language that makes it impossible or very difficult for the person to serve on a jury on the clerk being authorized to do so by the local administrative district judge or the county jury plan.

C.S.H.B. 16 establishes that its ARTICLE 13 provisions apply only to a person who is summoned to appear for service on a grand jury or petit jury on or after the bill's effective date. A person who is summoned to appear for service on a grand jury or petit jury before such date is governed by the law in effect on the date the person was summoned, and the former law is continued in effect for that purpose.

ARTICLE 14: Special Prosecution Unit

C.S.H.B. 16 amends the Government Code to revise the provision establishing that a prosecuting attorney serving on the special prosecution unit has the same authority to represent the state in the prosecution of a criminal offense committed by a person civilly committed as a sexually violent predator as is conferred on a county attorney, district attorney, or criminal district attorney of a court with jurisdiction of the offense as follows:

· makes the provision applicable to any attorney serving on the unit; and

· replaces the reference to a county, district, or criminal district attorney with a general reference to a prosecuting attorney.

C.S.H.B. 16 grants the following persons immunity from liability for good faith conduct under Government Code provisions relating to prosecuting attorneys generally or Health and Safety Code provisions relating to the civil commitment of sexually violent predators:

· a member of the board of directors of the unit;

· a member of the unit's executive board;

· the chief of the unit;

· the counselor serving the unit; and

· any other employee or officer of the unit.

The bill requires a court to immediately dismiss any action asserting a claim against such a person that arose from the person's good faith conduct. These provisions expressly do not affect a defense, immunity, or jurisdictional bar available to such a person.

C.S.H.B. 16 requires the attorney general to defend any of those persons granted immunity if the unit requests the attorney general defend the person and the action arises from a service performed under the specified Government Code or Health and Safety Code provisions. The bill establishes that the unit or the person receiving representation from the attorney general is not responsible for and may not pay any costs associated with the assistance. The bill provides the following regarding the recovery of court costs and attorney's fees in an action against a person granted immunity under the bill's provisions:

· the court must award to the person court costs and attorney's fees incurred in the action if the person is found immune and is not represented by the attorney general; and

· the court must award the attorney general court costs and attorney's fees incurred in the action if the person is found immune and is represented by the attorney general.

C.S.H.B. 16 establishes that its ARTICLE 14 provisions relating to immunity, attorney general representation, and recovery of court costs and attorney's fees apply only to an action filed on or after the bill's effective date. An action filed before the bill's effective date is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.

ARTICLE 15: Miscellaneous Judicial, Court, and Record Provisions

Omission of Certain Residence Addresses From Voter Registration List

C.S.H.B. 16 amends the Election Code to require the voter registrar of a county to omit from the registration list the residence address for a registration applicant who is:

· a current or former county clerk, district clerk, or county and district clerk, or a current or former employee of the office of a county clerk, district clerk, or county and district clerk or municipal court personnel;

· a current or former employee whose duties relate to court administration, including a court clerk, court coordinator, court administrator, juvenile case manager, law clerk, or staff attorney;

· a current or former employee of OCA and entities administratively attached to OCA;

· a current or former employee or commissioner of the SCJC; or

· a family member of any such person.

Judicial Campaign Fairness Act

C.S.H.B. 16 expands the definition of "statewide judicial office," for purposes of the Judicial Campaign Fairness Act, to include the chief justice or a justice of the Court of Appeals for the Fifteenth Court of Appeals District.

Confidentiality of Certain Arrest Warrants

C.S.H.B. 16 amends the Family Code to establish that an arrest warrant issued for a child and a complaint or affidavit on which an arrest warrant issued for a child is based are confidential and may be disclosed only to the following:

· the judge, probation officer, and professional staff or consultants of the juvenile court;

· a juvenile justice agency, as defined by reference to Family Code provisions relating to the juvenile justice information system;

· a criminal justice agency, as defined by reference to Government Code provisions relating to criminal history record information;

· an attorney representing the child's parent in a proceeding under the juvenile justice code;

· an attorney representing the child;

· a prosecuting attorney; or

· with permission from the juvenile court, another individual, agency, or institution with a legitimate interest in the information or court.

Continuing Legal Education Credit for State Officials

C.S.H.B. 16 amends the Government Code to require the State Bar of Texas to credit an attorney licensed in Texas with meeting the minimum continuing legal education requirements of the state bar for a reporting year if during the reporting year the attorney is serving as a state official appointed by the governor and confirmed by the senate, provided the attorney meets the continuing legal education requirements of the state bar in legal ethics or professional responsibility as required under current state law. This provision applies only to the minimum requirements for a continuing legal education compliance year that ends on or after the bill's effective date. The minimum requirements for continuing legal education for a compliance year that ends before that date are covered by the law and rules in effect when the compliance year ended, and that law and those rules are continued in effect for that purpose.

Protection of Personal Identifying Information of At-Risk Individuals

C.S.H.B. 16 expands the definition of "at-risk individual," for purposes of provisions relating to the protection of personal identifying information of such individuals in the judicial system, to include a federal judge, as defined under state handgun licensing law, who resides in Texas.

State Public Information Law

C.S.H.B. 16 makes the exception to required disclosure under state public information law for certain home address, home telephone number, emergency contact, social security number, and personal family information applicable also to the following individuals, regardless of whether the individual complies with provisions providing for the ability to opt in to such confidentiality protections:

· a current or former county clerk, district clerk, or county and district clerk, or a current or former employee of the office of a county clerk, district clerk, or county and district clerk;

· a current or former employee whose duties relate to court administration, including a court clerk, court coordinator, court administrator, juvenile case manager, law clerk, or staff attorney;

· a current or former employee of OCA and entities administratively attached to OCA; and

· a current or former employee or commissioner of the SCJC.

The bill requires a county clerk or district clerk, on request of a person to whom the exception applies, to redact the applicable information that relates to the person posted on a website by the clerk or an entity with which the county contracts for the provision or maintenance of the website.

C.S.H.B. 16 makes the exception to required disclosure under state public information law for certain personal identifying information of peace officers and other officials performing sensitive governmental functions who choose to restrict public access to the information applicable also to the following individuals:

· a current or former county clerk, district clerk, or county and district clerk, or a current or former employee of the office of a county clerk, district clerk, or county and district clerk;

· a current or former employee whose duties relate to court administration, including a court clerk, court coordinator, court administrator, juvenile case manager, law clerk, or staff attorney;

· a current or former employee of OCA and entities administratively attached to OCA; and

· a current or former employee or commissioner of the SCJC.

The bill requires a county clerk or district clerk, on request of a person to whom the exception applies, to redact the applicable information that relates to the person from any document the clerk posts on a website.

County Courthouse Parking

C.S.H.B. 16 amends the Local Government Code to expand the authorization for a county to construct, enlarge, equip, and operate a parking lot or parking garage adjacent to or near the county courthouse by removing the specification that the authorization applies to a county with a population of 150,000 or more.

Harassment of Court Employees or Judges

C.S.H.B. 16 amends the Penal Code to enhance the penalty for harassment from a Class B misdemeanor to the following:

· a Class A misdemeanor if the offense was committed against a person the actor knows is a court employee;

· a state jail felony if the offense was committed against a person the actor knows is a court employee and the actor has previously been convicted of harassment;

· a state jail felony if the offense was committed against a person the actor knows is a judge; and

· a third degree felony if the offense was committed against a person the actor knows is a judge and the actor has previously been convicted of harassment.

The bill defines "court employee" for purposes of the offense as an employee whose duties relate to court administration, including a court clerk, court coordinator, court administrator, juvenile case manager, law clerk, or staff attorney but excluding a judge. These provisions apply only to an offense committed on or after the bill's effective date. An offense committed before that date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before that date if any element of the offense occurred before that date.

Confidentiality of Home Address Information in Appraisal Records

C.S.H.B. 16 amends the Tax Code to extend confidentiality protections of certain home address information in local property tax appraisal records to the following:

· a current or former county clerk, district clerk, or county and district clerk, or a current or former employee of the office of a county clerk, district clerk, or county and district clerk;

· a current or former employee whose duties relate to court administration, including a court clerk, court coordinator, court administrator, juvenile case manager, law clerk, or staff attorney;

· a current or former employee of OCA and entities administratively attached to OCA; and

· a current or former employee or commissioner of the SCJC.

Alternate Address Information on Driver's Licenses

C.S.H.B. 16 amends the Transportation Code to include the following driver's license holders among the other driver's license holders who, under current law, may use the procedures established by DPS to omit their residence address from their license and, in lieu of that address, include an alternate address on the license:

· a driver's license holder or that license holder's spouse or parent who performs duties related to court administration, including a court clerk, court coordinator, court administrator, juvenile justice manager, law clerk, or staff attorney, whose license under the bill's provisions may include as an alternate address the street address of the courthouse in which such a person performs those duties; and

· a driver's license holder or that license holder's spouse or parent who is an employee of the office of a county clerk, district clerk, or county and district clerk, or an employee of OCA and entities administratively attached to OCA, or an employee or commissioner of the SCJC, whose license under the bill's provisions may include as an alternate address the street address of the office building in which such a person serves as an employee or commissioner.

The bill establishes that the residence address of a license holder whose residence address is omitted under this procedure established by DPS is confidential and is available only for the official use of DPS or a law enforcement agency. The bill requires DPS, not later than November 1, 2026, to do the following:

· review its processes for implementation of and compliance with these provisions; and

· submit to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, and the TJC a written report containing the results of the review, a description of the methods used to prepare the review, and any recommendations for legislative or other action.

EFFECTIVE DATE

Except as otherwise provided, the 91st day after the last day of the legislative session.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 16 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.

District Courts, District Clerks, and District Attorneys

The substitute changes the effective date on which the 513th, 514th, and 515th Judicial Districts are created from January 1, 2026, as in the introduced, to September 1, 2026.

The substitute changes the effective date on which the 501st, 502nd, 503rd, 504th, and 512th Judicial Districts are created from the bill's effective date, as in the introduced, to the following:

· December 1, 2025, if the bill receives the two-thirds vote necessary for effect before the 91st day after the last day of the legislative session or if December 1, 2025, is on or after that 91st day; or

· the 91st day after the last day of the legislative session if neither of those conditions are met.

The substitute repeals Section 24.600(b), Government Code, which requires the 456th District Court in Guadalupe County to give preference to civil cases, whereas the introduced did not repeal that provision.

Statutory County Courts

The substitute includes a provision absent from the introduced creating the County Court at Law of Maverick County on the bill's effective date.

Court Administration

With respect to the requirement for OCA to conduct a study on digital court reporting, the substitute includes the following provisions not present in the introduced:

· a requirement for OCA to establish a workgroup of stakeholders to provide information to OCA related to the study and a related requirement for the workgroup to include representatives from specified groups;

· a provision defining "official court reporter" and "shorthand reporter"; and

· a provision establishing that nothing in the bill's provisions relating to the study may be construed to limit the methods OCA may use to gather and evaluate information related to the study or the ability of OCA to employ individuals or enter into contracts for assistance with conducting the study.

Youth Diversion

The substitute removes a reference to a statute requiring placement of an applicable child in diversion instead of entering an adjudication of guilt in a trial, unless the child and the child's parents decline the opportunity for placement, from a statutory provision that requires a judge, if a diversion is not required under specified statutes, to allow a defendant who is a child to elect at the time of conviction to discharge the fine and costs by performing certain community service, receiving certain tutoring, or paying the fine and costs in the manner provided by applicable state law, whereas the introduced did not remove that reference.

The substitute specifies that Section 45A.251(a-1), Government Code, as added by H.B. 1620, Acts of the 89th Legislature, Regular Session, 2025, and effective September 1, 2025, is repealed, whereas the introduced did not.

Court-Ordered Mental Health Services

The substitute includes provisions absent from the introduced that repeal the following SECTIONS of S.B. 1164, Acts of the 89th Legislature, Regular Session, 2025, and take effect on passage, but only if the 2nd Called Session of the 89th Legislature, 2025, ends before September 1, 2025, and the applicable article receives the necessary vote for immediate effect:

· SECTION 8, which amends Sections 574.011(a) and (b), Health and Safety Code;

· SECTION 9, which amends Sections 574.034(a) and (d), Health and Safety Code; and

· SECTION 10, which amends Sections 574.035(a) and (e), Health and Safety Code.

While both the introduced and substitute include provisions that reverse the statutory changes made by SECTIONS 8, 9, and 10 of S.B. 1164, Acts of the 89th Legislature, Regular Session, 2025, the substitute makes the effect of those provisions contingent on the repeal of those SECTIONS not taking effect, whereas the introduced did not include this contingency. Additionally, the substitute provides for the possible immediate effect of those provisions, contingent on receiving the necessary vote, whereas the introduced did not.

Special Prosecution Unit

The substitute revises the provision that confers on a prosecuting attorney serving on the special prosecution unit the same authority to represent the state in the prosecution of certain offenses as is conferred on a county attorney, district attorney, or criminal district attorney of a court with jurisdiction of the offense by making the provision applicable to any attorney serving on the unit and by replacing the reference to a county, district, or criminal district attorney with a general reference to a prosecuting attorney, whereas the introduced did not.

The substitute includes provisions absent from the introduced that do the following:

• grant certain persons associated with the unit immunity from liability for good faith conduct under Government Code provisions relating to prosecuting attorneys generally or Health and Safety Code provisions relating to the civil commitment of sexually violent predators;
• require a court to immediately dismiss any action asserting a claim against such a person that arose from the person's good faith conduct;
• establish that the immunity and dismissal provisions do not affect a defense, immunity, or jurisdictional bar available to such a person;
• require the attorney general to defend any such person if the unit requests the attorney general defend the person and the action arises from a service performed under the specified Government Code and Health and Safety Code provisions;
• establish that the unit or the person receiving attorney general representation is not responsible for and may not pay costs associated with the assistance; and
• require a court, in an action against an applicable person, to award court costs and attorney's fees incurred in the action to either the person or the attorney general, as applicable depending on whether attorney general representation is used, if the person is found immune under these provisions.

Miscellaneous Judicial, Court, and Record Provisions

While both the introduced and the substitute expand the definition of "statewide judicial office" under the Judicial Campaign Fairness Act, the introduced expanded the definition to include the Court of Appeals for the Fifteenth Court of Appeals District, whereas the substitute expands the definition to include the chief justice or a justice of that court.