Transcript HB 2015 - Texas State University

82nd Legislative Session, 2011
Legislative Update
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
Go to:

www.legis.state.tx.us

Search 82(R) – 2011 or 82(1) - 2011

Click “Bill Number”

Enter either SB or HB a space and then the number
HB 79 (82-1)
 Effective
1/1/12 and 5/1/13
 Effective 1/1/12, modifies Gov’t Code
27.005 and the definition of
incompetence of a JP
 Each year must take “10 hours of
instruction regarding procedural,
substantive and evidentiary law in
civil matters”
HB 79 (82-1)
 Must
take 10 hours of civil education
between 9/1/11 and 12/31/12
 Must
take 10 hours of civil education
each academic year, starting 9/1/12
 Class
between 9/1/12 and 12/31/12
satisfies both requirements
HB 79 (82-1) continued
 Effective
5/1/13, repeals Chapter 28 of
Gov’t Code, abolishing Small Claims
Court.
 Mandates the Supreme Court draft new
rules for processing cases defined as
‘small claims’
 Adds Gov’t Code 27.060, providing that
JPs must follow those regulations and
specifying what the regs should look like
HB 79 (82-1) continued
 Eff. 1/1/12, each
county’s JPs must, by
majority vote, establish local rules of
administration (Gov’t Code 27.061);
local rules for transferring civil cases
(Civ Prac Rem Code 15.0821); and
local rules for transferring criminal
cases (Code Crim Proc. 4.12)
CRIMINAL LAW
HB 27
 Adds
subsection (b-2) to Article
45.041, Code of Criminal Procedure.
 Creates
new rule for payment plans
in criminal cases.
HB 27

When imposing a fine and costs, if the
justice or judge determines that the
defendant is unable to immediately pay the
fine and costs, the justice or judge shall
allow the defendant to pay the fine and
costs in specified portions at designated
intervals.
HB 27

Applies only to convictions, not deferred
disposition.

Does not require a court to always inquire
into whether the defendant is unable to
immediately pay the fine and costs. However,
the court should make such an inquiry in
appropriate circumstances.

Does “unable to immediately pay the fine and
costs” = indigent?
HB 42
 Amends
Section 550.025,
Transportation Code
 Expands
statute to include a duty to
notify an owner and show driver’s
license upon striking a structure
adjacent to a highway.
HB 42
HB 90
 Amends
Section 521.223,
Transportation Code
 Standardizes
collateral consequences
for defendants with hardship licenses.
HB 90

(f) In the manner provided by Subchapter N, the
department shall [may] suspend a [hardship] license
issued under this section if the holder of the license is
convicted of two or more [a] moving violations
committed within a 12-month period [violation].

Note: This section applies only to convictions, not
deferred disposition or DSC.
HB 308
 Amends
personal flotation device
requirements found in various
sections of the Parks & Wildlife Code
HB 308

Motorboats: Boat must contain one personal flotation
device for each passenger, and the operator shall require
each passenger under 13 years of age to wear a wearable
personal flotation device at all times.

Kayaks, canoes and other recreational vessels over 16
feet: Boat must contain one personal flotation device for
each passenger and one throwable flotation device. Each
passenger under 13 years of age must wear a wearable
personal flotation device at all times, and an adult
operator may not allow a person under 13 to be on the
vessel if he is not wearing a PFD.
HB 378
 Amends
Section 545.157,
Transportation Code
 Creates
new rules that apply when
approaching a tow truck on a
highway.
HB 378

(a) On approaching a stationary authorized emergency vehicle using visual
signals that meet the requirements of Sections 547.305 and 547.702, or a
stationary tow truck using equipment authorized by Section 547.305(d), an
operator, unless otherwise directed by a police officer, shall:
(1) vacate the lane closest to the emergency vehicle or tow truck when
driving on a highway with two or more lanes traveling in the direction of
the emergency vehicle or tow truck; or
(2) slow to a speed not to exceed:
(A) 20 miles per hour less than the posted speed limit when the posted
speed limit is 25 miles per hour or more; or
(B) five miles per hour when the posted speed limit is less than 25 miles
per hour.
(d) In this section, "tow truck" means a vehicle that: (1) has been issued a
permit under Subchapter C, Chapter 2308, Occupations Code; and (2) is
operated by a person licensed under Subchapter D, Chapter 2308,
Occupations Code.
HB 378

Translation: move over or slow down when approaching a
tow truck, just as you would for an emergency vehicle.

Tow trucks are on the road more frequently during rush
hour due to ordinances in large cities requiring wrecked
and disabled vehicles to be moved from the highway
immediately.

Expect citations for this offense to be filed in your court.
HB 588
 Adds
Section 708.159, Transportation
Code
 Creates
an additional payment option for
persons required to pay surcharge fees to
DPS.
HB 588

Defendants convicted of DWLI or “no insurance”
citations in your court will now have the option to make
one “up-front” surcharge payment to DPS instead of
paying surcharge fees in installments.

This statute does not require a court to inform a
defendant charged with DWLI or “no insurance” of this
option.
HB 885
 Effective
 Amends
6/17/2011
Section 544.007,
Transportation Code
HB 885

(i) An operator of a vehicle facing a traffic-control signal, other
than a freeway entrance ramp control signal or a pedestrian
hybrid beacon, that does not display an indication in any of the
signal heads shall stop as provided by Section 544.010 as if the
intersection had a stop sign.
(j) In this section:
(1) "Freeway entrance ramp control signal" means a trafficcontrol signal that controls the flow of traffic entering a
freeway.
(2) "Pedestrian hybrid beacon" means a pedestrian-controlled
traffic-control signal that displays different colored lights
successively only when activated by a pedestrian.
HB 885
HB 1043
 Adds
Section 42.015, Penal Code
 Creates
new regulations and various
criminal offenses for cockfighting
HB 1043

(b) A person commits an offense if the person knowingly:
(1)causes a cock to fight with another cock;
(2)participates in the earnings of a cockfight;
(3)uses or permits another to use any real estate, building,
room, tent, arena, or other property for cockfighting;
(4)owns or trains a cock with the intent that the cock be used
in an exhibition of cockfighting;
(5)manufactures, buys, sells, barters, exchanges, possesses,
advertises, or otherwise offers a gaff, slasher, or other sharp
implement designed for attachment to a cock with the intent
that the implement be used in cockfighting; or
(6)attends as a spectator an exhibition of cockfighting.
HB 1043

An offense under Subsection (b)(1) or (2) is a state jail
felony. An offense under Subsection (b)(3), (4), or (5) is a
Class A misdemeanor. An offense under Subsection
(b)(6) is a Class C misdemeanor, except that the
offense is a Class A misdemeanor if it is shown on the
trial of the offense that the person has been previously
convicted of an offense under that subdivision.

It is an exception to the application of Subsection(b)(6)
that the actor is 15 years of age or younger at the time of
the offense.
HB 1043
 Expect
Class C citations for
“spectators” to be filed in your
court.
 Expect
to magistrate persons
arrested for felony and Class A
offenses relating to cockfighting.
HB 1116
 Adds
Section 547.616, Transportation
Code
 Creates
regulations on radar jamming
devices, and a new Class C offense
for violating those regulations.
HB 1116

(b) A person, other than a law enforcement officer in the
discharge of the officer's official duties, may not use,
attempt to use, install, operate, or attempt to operate a
radar interference device in a motor vehicle operated by
the person.
(c) A person may not purchase, sell, or offer for sale a
radar interference device to be used in a manner
described by Subsection (b).
(d) A person who violates this section commits an
offense. An offense under this subsection is a Class C
misdemeanor.
HB 1116
 Expect
Class C citations for this
offense to be filed in your court.
 Note
that it is not an offense to
merely possess a radar jamming
device.
HB 1116
HB 1395
 Effective
 Amends
6/17/2011
multiple sections of the
Parks and Wildlife Code relating to
boating
HB 1395: Age Requirements

(a) No person shall operate a personal watercraft in
the following manner or under the following
circumstances:
(5) if the operator is under 13 [16] years of age unless
the operator is supervised by another person who:
(A) is at least 18 years of age;
(B) can lawfully operate the watercraft; and
(C) is on board the watercraft when under way.
HB 1395: Age Requirements

No person may operate a motorboat powered by a
motor with a manufacturer's rating of more than [over]
15 horsepower on the public waters of this state unless
the person is [16 years of age or older or:
[(1) is accompanied by a person (18) years of age or
older; or
[(2) is] at least 13 years of age or is supervised by
another person who:
(1) is at least 18 years of age;
(2) can lawfully operate the motorboat; and
(3) is on board the motorboat when under way.
HB 1395: Age Requirements
 Thirteen
year olds can now operate
PWCs or motorboats without
supervision.
 Six
year olds can now operate PWCs
or motorboats, as long as mom or
dad is on board and supervising.
HB 1395: ID Requirements

(a) This section applies only to a person who is:
(1) born on or after September 1, 1993 [1984]; and
(2) operating on the public water of this state:
(A) a vessel powered by a motor with a manufacturer's rating
of more than 15 [10] horsepower [or more]; or
(B) a windblown vessel over 14 feet in length.
(b) A person subject to this section must have in the person's
possession[:
[(1)] a photographic identification card[;] and either:
(1) [(2)] a boater identification card issued by the department;
or
(2) proof of completion of the requirements to obtain a vessel
operator's license issued by the United States Coast Guard.
HB 1395: Dismissal/Deferral

(e) If, on or before the trial of a person charged with an
offense for failing to possess a document required under
Subsection (b), the person produces for the court or the
prosecuting attorney a document required by Subsection
(b) that was issued to the person and was valid at the
time of the offense, the court shall dismiss the charge
[Upon proof of completion of a boater safety education
course a court shall dismiss a violation of Subsections
(b)(1) and (2)].
HB 1395: Dismissal/Deferral

(f) A person charged with a Class C Parks and Wildlife Code
misdemeanor for failing to possess a document required under
Subsection (b) may make to the court not later than the 10th
day after the date of the alleged offense an oral or written
motion requesting permission to take a boater education
course approved by the department or a vessel operator's
licensing course provided by the United States Coast Guard.
The court shall defer the proceedings brought against a person
who makes a motion described by this subsection and allow
the person 90 days to present written evidence that the
person has successfully completed the course approved by the
department or provided by the United States Coast Guard. If
the person successfully completes the course and the court
accepts the presented evidence, the court shall dismiss the
charge.
HB 1395: Dismissal/Deferral
Steps for “deferred disposition” program:

1. Defendant requests permission to take a boater
education course. Unlike deferred disposition under
Article 45.051, the defendant need not enter a plea of
guilty or no contest. Additionally, there is NO provision
allowing the charging of any costs or fees for this
procedure.

2. The court shall defer further proceedings and allow the
defendant 90 days to complete the course. The court
cannot set any other terms or conditions.
HB 1395: Dismissal/Deferral

3a. If the defendant completes the course, the court
dismisses the citation or complaint.

3b. If the defendant fails to complete the course
within 90 days, the court should not set the case for a
show-cause hearing. The court should require the
defendant to enter a plea at this point in time and
proceed to process the case.
HB 1473
 Amends
Section 681.0111,
Transportation Code
 Prohibits
placard.
altering a disabled parking
HB 1473

(a) A person commits an offense if, without the
department's authorization, the person:
(1) manufactures, sells, or possesses a placard that is
deceptively similar to a disabled parking placard; or
(2) alters a genuine disabled parking placard.
(b) A person commits an offense if the person knowingly
parks a vehicle displaying a counterfeit or altered placard
in a parking space or area designated specifically for
persons with disabilities.
HB 1523
 Amends
Section 643.253,
Transportation Code
 Provides
an additional regulation on
unlicensed moving companies.
HB 1523

(b) A person commits an offense if the person engages in or
solicits the transportation of household goods for
compensation and is not registered as required by Subchapter
B.
(e) An offense under Subsection (b) is a Class C misdemeanor,
except that the offense is:
(1) a Class B misdemeanor if the person has previously been
convicted one time of an offense under Subsection (b); and
(2) a Class A misdemeanor if the person has previously been
convicted two or more times of an offense under Subsection
(b) [punishable by a fine of not less than $200 or more than
$1,000 per violation].
HB 1523

If this guy is moving folks for profit, he’s probably in
trouble…
HB 1573
 Amends Article
17.085, Code of Criminal
Procedure
 Creates
stricter requirements for posting
court docket in a public place if the
docket cannot be accessed online.
HB 1573

Art. 17.085. NOTICE OF APPEARANCE
DATE. The clerk of a court that does not
provide online Internet access to that court's
criminal case records shall post in a designated
public place in the courthouse notice of a
prospective criminal court docket setting as
soon as the court notifies the clerk of the
setting [not less than 48 hours before the
docket setting].
HB 1658
 Amends Article
17.02, Code of
Criminal Procedure
 Creates
bonds
new rules regarding cash
HB 1658

Any cash funds deposited under this article [Article] shall
be receipted for by the officer receiving the funds [same]
and, on order of the court, [shall] be refunded, after [to]
the defendant [if and when the defendant] complies with
the conditions of the defendant's [his] bond, to:
(1) any person in the name of whom a receipt was
issued, in the amount reflected on the face of the receipt,
including the defendant if a receipt was issued to the
defendant; or
(2) the defendant, if no other person is able to produce a
receipt for the funds[, and upon order of the court].
HB 1658
 Cash
bonds may be refunded on order
of the court.
 When
a criminal case is disposed of, the
court’s judgment should include an order
that any cash bonds shall be refunded to
the defendant or any person in the name
of whom a receipt was issued.
HB 1823
 Amends Articles
17.07 and 17.10, Code
of Criminal Procedure
 Creates
new provisions regarding
corporations and individuals who act as
sureties on bail bonds.
HB 1823


A corporation may limit the authority of an agent
designated to execute bail bonds on its behalf by
specifying the limitation in the power of attorney
that is filed with the county clerk.
A person, for compensation, may not act as a
surety on a bail bond if the person has been finally
convicted of:
(1) a misdemeanor involving moral turpitude; or
(2) a felony.
HB 1899
 Amends
Section 545.425,
Transportation Code
 Allows “no
cell phones in school
zones” notices to be posted at the
county line or city limit.
HB 1899

(b-2) A municipality, county, or other political subdivision that
by ordinance or rule prohibits the use of a wireless
communication device while operating a motor vehicle
throughout the jurisdiction of the political subdivision is not
required to post a sign as required by Subsection (b-1) if the
political subdivision:
(1) posts signs that are located at each point at which a state
highway, U.S. highway, or interstate highway enters the political
subdivision and that state:
(A) that an operator is prohibited from using a wireless
communication device while operating a motor vehicle in the
political subdivision; and
(B) that the operator is subject to a fine if the operator uses a
wireless communication device while operating a motor
vehicle in the political subdivision; and
HB 1899

(2) subject to all applicable United States Department of
Transportation Federal Highway Administration rules, posts a
message that complies with Subdivision (1) on any dynamic
message sign operated by the political subdivision located on a
state highway, U.S. highway, or interstate highway in the
political subdivision.
(b-3) A sign posted under Subsection (b-2)(1) must be
readable to an operator traveling at the applicable speed limit.
(b-4) The political subdivision shall pay the costs associated
with the posting of signs under Subsection (b-2).
(d-1) The affirmative defense available in Subsection (d)(2) is
not available for an offense under Subsection (b) committed in
a school crossing zone located in a municipality, county, or
other political subdivision that is in compliance with
Subsection (b-2).
HB 1899

Allows “no cell phones in school zones” notices to be
posted at the county line or city limit.

Aimed at reducing cost of posting signs required for
enforcement of Sec. 545.425, Transportation Code.

Affirmative defense to prosecution under this section is
eliminated only if signs compliant with the new rules are
posted at appropriate locations. If signs are noncompliant, defendant may be acquitted by presenting
affirmative defense.
HB 1906
 Amends
Section 7.1831, Water Code
HB 1906
 (a) A
person commits an offense if the
person violates a rule adopted by the
commission concerning locally enforced
motor vehicle idling limitations.
(b) Notwithstanding any other law, an
offense under this section is a Class C
misdemeanor.
HB 2357

Amends multiple sections of the
Transportation Code

1. Creates multiple Transportation Code
offenses for violating provisions relating to
registering motor vehicles from which the
original motor number has been removed,
erased, or destroyed.
HB 2357

2. Creates new types of registration permits
for agricultural vehicles, and criminal offenses
for using those permits improperly.

3. Amends sections relating to registration
insignias, license plates, and related offenses.

4. Fines vary depending on the offense; see
book for additional information.
HB 2466

Amends Section 545.424, Transportation Code

Expands prohibition on use of cell phones by
operators under 18 years of age. (Used to be
prohibited only within 12 months of being
licensed.)

Remember: a peace officer may not initiate a
traffic stop solely to determine whether this
section is being violated.
HB 2466

(a) A person under 18 years of age may not operate a motor
vehicle while using a wireless communications device, except
in case of emergency.
(a-1) A person under 18 years of age may not operate a
motor vehicle[:
[(1)] during the 12-month period following issuance of an
original Class A, B, or C driver's license to the person:
(1) [(A)] after midnight and before 5 a.m. unless the operation
of the vehicle is necessary for the operator to attend or
participate in employment or a school-related activity or
because of a medical emergency; or
(2) [(B)] with more than one passenger in the vehicle under
21 years of age who is not a family member[; or
[(2) while using a wireless communications device, except in
case of emergency].
HB 2507
 Adds
Code
Section 1903.256, Occupations
HB 2507
 (a) Unless exempt under Section
1903.002, a person commits an
offense if the person installs an
irrigation system without holding a
license issued by the commission
under Chapter 37, Water Code.
(b) An offense under this section is a
Class C misdemeanor.
HB 2507
 Effect: If
I install a nonexempt
sprinkler system in the flowerbed at
my parents’ house, I am a criminal!
HB 2717
Effective 6/17/11
 Modifies Gov’t Code 27.106 (a) to change the
jury exemption from having legal custody of a
child under 15 who would be left inadequately
supervised, to a child under 12


Modifies Health & Safety Code 191.0045 to
allow a local registrar to charge a fee up to $1
for training employees and ensuring the safety
and security of vital statistics records
HB 2981
 Adds
Section 545.4145,
Transportation Code
 Criminalizes
riding in a boat that is
being towed by a motor vehicle; new
Transportation Code offense
HB 2981

(a) A person commits an offense if the person operates a
motor vehicle on a highway or street when a child
younger than 18 years of age is occupying a boat or
personal watercraft being drawn by the motor vehicle.
(b) It is a defense to prosecution under this section that
the person was:
(1) operating the motor vehicle in a parade or in an
emergency; or
(2) operating the motor vehicle on a beach.
(c) In this section, "boat" and "personal watercraft" have
the meanings assigned by Section 31.003, Parks and
Wildlife Code.
HB 3474
 Amends
Sections 106.04 and 106.05,
Alcoholic Beverage Code
 You
know these sections as “MIC”
and “MIP.”
HB 3474

Subsection (a) does not apply to a minor who:
(1) requested emergency medical assistance in response
to the possible alcohol overdose of the minor or another
person;
(2) was the first person to make a request for medical
assistance under Subdivision (1); and
(3) if the minor requested emergency medical assistance
for the possible alcohol overdose of another person:
(A) remained on the scene until the medical assistance
arrived; and
(B) cooperated with medical assistance and law
enforcement personnel.
HB 3474

90% of all alcohol consumed by teens is consumed during
binge drinking.

HB 3474 creates an incentive for minors to report cases of
alcohol poisoning by removing legal repercussions associated
with reporting.

Defendant must meet strict requirements to be exempt from
MIP/MIC prosecution; not every kid at the party can be
automatically exempt.

May be presented as a defense to prosecution at trial;
otherwise must have a motion to dismiss from prosecuting
attorney. Does not allow MIP/MIC to be dismissed by judge.
SB 82
 Amends
Section 42.072, Penal Code,
adds Article 13.36, Code of Criminal
Procedure, and adds Section 38.46,
Code of Criminal Procedure.
SB 82

a) A person commits an offense if the person, on more than
one occasion and pursuant to the same scheme or course of
conduct that is directed specifically at another person,
knowingly engages in conduct[, including following the other
person,] that:
(1) the actor knows or reasonably believes the other person
will regard as threatening:
(A) bodily injury or death for the other person;
(B) bodily injury or death for a member of the other person's
family or household or for an individual with whom the other
person has a dating relationship; or
(C) that an offense will be committed against the other
person's property;
SB 82
(2) causes the other person, [or] a member of the other
person's family or household, or an individual with whom
the other person has a dating relationship to be placed in
fear of bodily injury or death or fear that an offense will
be committed against the other person's property; and
(3) would cause a reasonable person to fear:
(A) bodily injury or death for himself or herself;
(B) bodily injury or death for a member of the person's
family or household or for an individual with whom the
person has a dating relationship; or
(C) that an offense will be committed against the
person's property.
SB 82

(b) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second
degree if the actor has previously been convicted of an offense
under this section or of an offense under any of the following
laws that contains elements that are substantially similar to the
elements of an offense under this section:
(1) the laws of another state;
(2) the laws of a federally recognized Indian tribe;
(3) the laws of a territory of the United States; or
(4) federal law.
(c) For purposes of this section, a trier of fact may find that
different types of conduct described by Subsection (a), if
engaged in on more than one occasion, constitute conduct
that is engaged in pursuant to the same scheme or course of
conduct.
SB 82

Art. 13.36. STALKING. The offense of stalking may be
prosecuted in any county in which an element of the
offense occurred.

Remember, this is an appropriate offense for issuance of
an EPO.
SB 82
 1. Stalking “baby
mama’s” new boyfriend
is now covered by the Texas stalking
statute.
 2.
Increases the punishment range for
repeat violators of statutes intended to
prevent stalking, regardless of where the
previous violation occurred.
SB 82

3. Clarifies appropriate jurisdiction for stalking offenses. If
a defendant sends a continuous string of threatening text
messages to victim while driving from Waco to San
Antonio, the defendant may be prosecuted in any of the
following counties: McLennan, Bell, Williamson, Travis,
Hays, Comal, or Bexar.

Therefore, when magistrating a defendant for stalking, the
question is not whether a majority of the stalking
incidents relating to the offense occurred in your county,
but whether you find probable cause to believe that one
incident relating to the offense occurred in your county.
SB 197
 Amends
Sec. 548.6035,
Transportation Code, in addition to
other sections
 Creates
regulations regarding
emissions inspections
SB 197

(a) A person commits an offense if, in connection with a
required emissions inspection of a motor vehicle, the person
knowingly:
(1) places or causes to be placed on a motor vehicle an
inspection certificate, if:
(A) the vehicle does not meet the emissions requirements
established by the department; or
(B) the person has not inspected the vehicle;
(2) manipulates an emissions test result;
(3) uses or causes to be used emissions data from another
motor vehicle as a substitute for the motor vehicle being
inspected; or
(4) bypasses or circumvents a fuel cap test.
SB 197
(b) A first offense under Subsections (a)(1)-(3) is a Class B
misdemeanor.
(c) Except as provided by Subsection (d), a second or subsequent
offense under Subsections (a)(1)-(3) is a Class A misdemeanor.
(d) If it is found on trial of an offense under Subsections (a)(1)-(3)
that the person committing the offense acted with the intent to
defraud or harm another person, the offense is a state jail felony.
(e) An offense under Subsection (a)(4) is a Class C misdemeanor.
(f) It is a defense to prosecution under Subsection (a)(4) that the
analyzer used by the person developed a functional problem during
the emissions inspection of the fuel cap that prevented the person
from properly conducting the fuel cap test portion of the emissions
inspection.
SB 407
 Adds
and amends multiple code
sections
 Comprehensive
bill aimed at
regulating “sexting” among teenagers.
SB 407: Jurisdiction



(b) A court in which there is pending a complaint against
a child alleging a violation of a misdemeanor offense
punishable by fine only other than a traffic offense or a
violation of a penal ordinance of a political subdivision
other than a traffic offense:
(1) except as provided by Subsection (d), shall waive its
original jurisdiction and refer the child to juvenile court if:
(A) the complaint pending against the child alleges a
violation of a misdemeanor offense under Section 43.261,
Penal Code, that is punishable by fine only; or
SB 407: Jurisdiction

Justice Courts will process a very small number of
“sexting” offenses, because any such offense where the
defendant is a juvenile shall be transferred to the juvenile
court.

However, Justice Courts will process “sexting” offenses
for 17 year olds.

Therefore, your court should determine the age of the
defendant before proceeding with the case.
SB 407: The Pleading

(a) This article applies to [If] a defendant who has not had the
disabilities of minority removed and has been:
(1) charged with an offense other than an offense under
Section 43.261, Penal Code, if the defendant is younger than 17
years of age; or
(2) charged with an offense under Section 43.261, Penal Code,
if the defendant is younger than 18 years of age.
(a-1) The [and has not had the disabilities of minority
removed, the] judge or justice:
(1) must take the defendant's plea in open court; and
(2) shall issue a summons to compel the defendant's parent,
guardian, or managing conservator to be present during:
(A) the taking of the defendant's plea; and
(B) all other proceedings relating to the case.
SB 407: The Offense

(a) In this section:
(1) "Dating relationship" has the meaning assigned by Section
71.0021, Family Code.
(2) "Minor" means a person younger than 18 years of age.
(3) "Produce" with respect to visual material includes any
conduct that directly contributes to the creation or
manufacture of the material.
(4) "Promote" has the meaning assigned by Section 43.25.
(5) "Sexual conduct" has the meaning assigned by Section
43.25.
(6) "Visual material" has the meaning assigned by Section
43.26.
SB 407: The Offense



(b) A person who is a minor commits an offense if the
person intentionally or knowingly:
(1) by electronic means promotes to another minor
visual material depicting a minor, including the actor,
engaging in sexual conduct, if the actor produced the
visual material or knows that another minor produced
the visual material; or
(2) possesses in an electronic format visual material
depicting another minor engaging in sexual conduct, if the
actor produced the visual material or knows that another
minor produced the visual material.
SB 407: The Offense







(c) An offense under Subsection (b)(1) is a Class C
misdemeanor, except that the offense is:
(1) a Class B misdemeanor if it is shown on the trial of the
offense that the actor:
(A) promoted the visual material with intent to harass, annoy,
alarm, abuse, torment, embarrass, or offend another; or
(B) except as provided by Subdivision (2)(A), has previously
been convicted one time of any offense under this section; or
(2) a Class A misdemeanor if it is shown on the trial of the
offense that the actor has previously been:
(A) convicted one or more times of an offense punishable
under Subdivision (1)(A); or
(B) convicted two or more times of any offense under this
section.
SB 407: The Offense

(d) An offense under Subsection (b)(2) is a Class C
misdemeanor, except that the offense is:
(1) a Class B misdemeanor if it is shown on the trial of
the offense that the actor has previously been convicted
one time of any offense under this section; or
(2) a Class A misdemeanor if it is shown on the trial of
the offense that the actor has previously been convicted
two or more times of any offense under this section.
SB 407: The Offense

SB 407 criminalizes both electronic promotion and
possession of “sexting” photos/videos.

Promotion is a Class C misdemeanor, unless:
1) the promotion was intended to harass, annoy, alarm,
abuse, torment, embarrass, or offend another; or
2) the defendant has been previously convicted of a
“sexting” offense.

Possession is a Class C misdemeanor, unless the action
has been previously convicted of a “sexting” offense.
SB 407: The Offense

A defendant may be prosecuted under this statute or
under any other applicable statute.

This leaves the door open for “child pornography”
prosecutions in extreme situations.
SB 407: Defenses

(e) It is an affirmative defense to prosecution under this
section that the visual material:
(1) depicted only the actor or another minor:
(A) who is not more than two years older or younger
than the actor and with whom the actor had a dating
relationship at the time of the offense; or
(B) who was the spouse of the actor at the time of the
offense; and
(2) was promoted or received only to or from the actor
and the other minor.
SB 407: Defenses

(f) It is a defense to prosecution under Subsection (b)(2) that
the actor:
(1) did not produce or solicit the visual material;
(2) possessed the visual material only after receiving the
material from another minor; and
(3) destroyed the visual material within a reasonable amount
of time after receiving the material from another minor.
(g) If conduct that constitutes an offense under this section
also constitutes an offense under another law, the defendant
may be prosecuted under this section, the other law, or both.
(h) Notwithstanding Section 51.13, Family Code, a finding that
a person has engaged in conduct in violation of this section is
considered a conviction for the purposes of Subsections (c)
and (d).
SB 407: Defenses
It is a defense to prosecution that:
1)
The defendants are in a “dating relationship” and only
sent photos/videos between themselves. The couple
must be married or no more than two years apart in
age.
2)
The defendant received unsolicited photos/videos and
destroyed them “within a reasonable time.”
SB 407: Evidence

(a) During the course of a criminal hearing or
proceeding, the court may not make available or allow to
be made available for copying or dissemination to the
public property or material:
(1) that constitutes child pornography, as described by
Section 43.26(a)(1), Penal Code;
(2) the promotion or possession of which is prohibited
under Section 43.261, Penal Code; or
(3) that is described by Section 2 or 5, Article 38.071, of
this code.
SB 407: Evidence

(a) In the manner provided by this article, a court shall
allow discovery under Article 39.14 of property or
material:
(1) that constitutes child pornography, as described by
Section 43.26(a)(1), Penal Code;
(2) the promotion or possession of which is prohibited
under Section 43.261, Penal Code; or
(3) that is described by Section 2 or 5, Article 38.071, of
this code.
SB 407: Evidence

Photos/videos in “sexting” cases may be inspected by the
defendant, but must remain in the possession of the State.

You may be asked to designate an appropriate time and
place for such inspections.

The court should never disseminate any property,
material, or evidence constituting prohibited material to
the public, even if an otherwise proper request is made.

Be sure your court has procedures in place to deny such
requests.
SB 407: Education Requirement


(a) In this article, "parent" means a natural or adoptive
parent, managing or possessory conservator, or legal
guardian. The term does not include a parent whose
parental rights have been terminated.
(b) If a justice or municipal court finds that a defendant
has committed an offense under Section 43.261, Penal
Code, the court may enter an order requiring the
defendant to attend and successfully complete an
educational program described by Section 37.218,
Education Code, or another equivalent educational
program.
SB 407: Education Requirement

(c) A court that enters an order under Subsection (b)
shall require the defendant or the defendant's parent to
pay the cost of attending an educational program under
Subsection (b) if the court determines that the defendant
or the defendant's parent is financially able to make
payment.
SB 407: Education Requirement

The education requirement is always optional in justice
court.

If the defendant is convicted, the court may order the
defendant to take a qualifying course. If the defendant
fails to take the course, the court may initiate
constructive contempt proceedings.
SB 407: Education Requirement

If the court defers disposition, the court may order the
defendant to take a qualifying course as a reasonable
condition of deferred disposition under Article 45.051,
Code of Criminal Procedure.

If the defendant fails to take the course, and fails to show
good cause for the failure, the court may convict the
defendant and order the defendant to take a qualifying
course under Article 45.061, Code of Criminal Procedure.

If the defendant still fails to take the course, the court
may initiate constructive contempt proceedings.
SB 407: Education Requirement

If the defendant is convicted, the court may order the
defendant or the defendant’s parent to pay for the course only
if the court determines that the defendant or the defendant's
parent is financially able to make payment.

A statement that the court has made this determination
following an appropriate inquiry should be included in the
court’s order.

If the defendant is placed on deferred disposition under
Article 45.051, the court may order the defendant to pay for
the course as a condition of deferred disposition, but may not
order that the defendant’s parent pay.
SB 407: Expunction

(b) A person may [convicted of not more than one
offense described by Section 8.07(a)(4) or (5), Penal
Code, while the person was a child may, on or after the
person's 17th birthday,] apply to the court in which the
person [child] was convicted to have the conviction
expunged as provided by this article on or after the
person's 17th birthday if:
(1) the person was convicted of not more than one
offense described by Section 8.07(a)(4) or (5), Penal
Code, while the person was a child; or
(2) the person was convicted only once of an offense
under Section 43.261, Penal Code.
SB 407: Expunction
(d) The request must contain the person's statement that the
person was not convicted [while the person was a child] of
any additional offense or found to have engaged in conduct
indicating a need for supervision as described by Subsection
(f)(1) or (2), as applicable [Section 8.07(a)(4) or (5), Penal
Code, other than the offense the person seeks to have
expunged].
(f) The [If the court finds that the person was not convicted
of any other offense described by Section 8.07(a)(4) or (5),
Penal Code, while the person was a child, the] court shall
order the conviction, together with all complaints, verdicts,
sentences, and prosecutorial and law enforcement records, and
any other documents relating to the offense, expunged from
the person's record if the court finds that:
SB 407: Expunction
(1) for a person applying for the expunction of a conviction
for an offense described by Section 8.07(a)(4) or (5), Penal
Code, the person was not convicted of any other offense
described by Section 8.07(a)(4) or (5), Penal Code, while the
person was a child; and
(2) for a person applying for the expunction of a conviction
for an offense described by Section 43.261, Penal Code, the
person was not found to have engaged in conduct indicating a
need for supervision described by Section 51.03(b)(7), Family
Code, while the person was a child.
(f-1) After entry of an [the] order under Subsection (f), the
person is released from all disabilities resulting from the
conviction and the conviction may not be shown or made
known for any purpose.
SB 407: Expunction

Expunction of “sexting” offenses generally follows the
same procedure as expunctions in justice court prior to
82nd Legislature.

Slightly different because juvenile courts must process
“sexting” offenses if the defendant is under 17, but justice
courts may process “sexting” offenses if the defendant is
17.

If peace officers or prosecutors file subsequent offenses
as Class C offenses, a defendant may be eligible for
multiple expunctions in justice court.
SB 431
 Adds
Section 32.54, Penal Code
 Creates
a Class C misdemeanor for
lying about military service for
personal gain.
SB 519
 Amends Article
45.037, Code of
Criminal Procedure
 Extends
the deadline for filing a
motion for new trial in a criminal
case to five days in justice court.
SB 519

Art. 45.037. MOTION FOR NEW TRIAL. A motion for a
new trial must be made within five days [one day] after
the rendition of judgment and sentence, and not
afterward.
SB 519
 Rules
for filing a motion for new trial in
civil cases have not changed; only for
criminal cases.
 The
statute sets the deadline at five days
from the rendition of judgment: when
does rendition occur?
SB 578
 Adds Article
38.074, Code of
Criminal Procedure
 Creates
guidelines for child
testimony in criminal cases
SB 578

Sec. 1. In this article:
(1) "Child" has the meaning assigned by Section
22.011(c), Penal Code.
(2) "Support person" means any person whose presence
would contribute to the welfare and well-being of a child.
Sec. 2. This article applies to the testimony of a child in
any hearing or proceeding in the prosecution of any
offense, other than the testimony of a child in a hearing
or proceeding in a criminal case in which that child is the
defendant.
SB 578
Sec. 3. (a) A court shall:
(1) administer an oath to a child in a manner that allows the
child to fully understand the child's duty to tell the truth;
(2) ensure that questions asked of the child are stated in
language appropriate to the child's age;
(3) explain to the child that the child has the right to have the
court notified if the child is unable to understand any question
and to have a question restated in a form that the child does
understand;
(4) ensure that a child testifies only at a time of day when the
child is best able to understand the questions and to undergo
the proceedings without being traumatized, including:
SB 578
(A) limiting the duration of the child's testimony;
(B) limiting the timing of the child's testimony to the
child's normal school hours; or
(C) ordering a recess during the child's testimony when
necessary for the energy, comfort, or attention span of
the child; and
(5) prevent intimidation or harassment of the child by
any party and, for that purpose, rephrase as appropriate
any question asked of the child.
SB 578
(b) On the motion of any party, or a parent, managing
conservator, guardian, or guardian ad litem of a child or
special advocate for a child, the court shall allow the child
to have a toy, blanket, or similar comforting item in the
child's possession while testifying or allow a support
person to be present in close proximity to the child
during the child's testimony if the court finds by a
preponderance of the evidence that:
(1) the child cannot reliably testify without the
possession of the item or presence of the support
person, as applicable; and
(2) granting the motion is not likely to prejudice the trier
of fact in evaluating the child's testimony.
SB 578

(c) A support person who is present during a child's
testimony may not:
(1) obscure the child from the view of the defendant or
the trier of fact;
(2) provide the child with an answer to any question
asked of the child; or
(3) assist or influence the testimony of the child.
(d) The court may set any other conditions and
limitations on the taking of the testimony of a child that it
finds just and appropriate, considering the interests of the
child, the rights of the defendant, and any other relevant
factors.
SB 578

These guidelines do not apply to children who
are criminal defendants, but do apply to any
other witness under 17 years of age in a
criminal case.

Subsection (d) grants a court considerable
authority to create its own rules regarding
child testimony in a criminal case when doing
so would be necessary.
SB 694
 Amends
 Creates
multiple code sections
regulations for metal
recycling facilities and provides
criminal penalties for violating those
regulations.
SB 767
 Adds
Chapter 21, Business and
Commerce Code
 Creates
new regulations for “foreclosure
consultants” and provides criminal
penalties for violating those regulations.
SB 990

Adds Section 452.0613, Transportation
Code

Creates penalties for improper usage of
high occupancy vehicle lanes and creates a
Class C offense for failure to pay those
penalties within 30 days.
SB 1043
 Effective
6/17/2011
 Amends
Section 365.012, Health and
Safety Code
 Creates
new provisions relating to
the offense of illegal dumping.
SB 1043

(a-1) A person commits an offense if:
(1) the person discards lighted litter, including a match,
cigarette, or cigar, onto open-space land, a private road or
the right-of-way of a private road, a public highway or
other public road or the right-of-way of a public highway
or other public road, or a railroad right-of-way; and
(2) a fire is ignited as a result of the conduct described
by Subdivision (1).
(d) An offense under Subsection (a), (b), or (c) [this
section] is a Class C misdemeanor if the litter or other
solid waste to which the offense applies weighs five
pounds or less or has a volume of five gallons or less.
SB 1043
(d-1) An offense under Subsection (a-1) is a misdemeanor
under this subsection if the litter or other solid waste to
which the offense applies weighs less than 500 pounds or has a
volume of less than 100 cubic feet and is punishable by:
(1) a fine not to exceed $500;
(2) confinement in jail for a term not to exceed 30 days; or
(3) both such fine and confinement.
(e) An offense under Subsection (a), (b), or (c) [this section] is
a Class B misdemeanor if the litter or other solid waste to
which the offense applies weighs more than five pounds but
less than 500 pounds or has a volume of more than five gallons
but less than 100 cubic feet.
SB 1330

Effective January 1, 2012

Amends Article 45.051, Code of Criminal
Procedure

Creates a new driving safety course designed for
drivers younger than 25 years of age. A defendant
may be ordered to take the course as an
additional condition of deferred disposition.
SB 1330

(b-1) If the defendant is younger than 25 years of age and
the offense committed by the defendant is a traffic
offense classified as a moving violation:
(1) Subsection (b)(8) does not apply;
(2) during the deferral period, the judge:
(A) shall require the defendant to complete a driving
safety course approved under Chapter 1001, Education
Code; and
(B) may require the defendant to complete an additional
driving safety course designed for drivers younger than 25
years of age and approved under Section 1001.111,
Education Code
SB 1386
 Amends
Section 502.185, Transportation
Code
 Creates
additional penalties for
defendants who fail to appear for criminal
cases as directed by the court
SB 1386

(a) A county assessor-collector or the department may refuse to
register a motor vehicle if the assessor-collector or the department
receives information that the owner of the vehicle:
(1) owes the county money for a fine, fee, or tax that is past due; or
(2) failed to appear in connection with a complaint, citation,
information, or indictment in a court in the county in which a
criminal proceeding is pending against the owner.
(f) A county that has a contract under Subsection (b) may impose
an additional fee of $20 to:
(1) a person who fails to pay [paying] a fine, fee, or tax to the
county by the date on which the fine, fee, or tax is [after it is past]
due; or
(2) a person who fails to appear in connection with a complaint,
citation, information, or indictment in a court in which a criminal
proceeding is pending against the owner.
SB 1522

Amends Article 27.19, Code of Criminal
Procedure

Requires a court having jurisdiction in the county
in which a penal institution is located to accept
written guilty pleas faxed or mailed to the court
by prison inmates.
SB 1522



(a) Notwithstanding any other provision of this code, a
court shall accept a plea of guilty or nolo contendere
from a defendant who is confined in a penal institution if
the plea is made:
(1) in accordance with the procedure established by
Article 27.18; or
(2) in writing, including a writing delivered by United
States mail or secure electronic or facsimile transmission,
before the appropriate court having jurisdiction in the
county in which the penal institution is located, provided
that:
SB 1522




(A) the defendant is notified by the court of original
jurisdiction of the right to counsel and the procedures for
requesting appointment of counsel, and is provided a
reasonable opportunity to request a court-appointed lawyer;
(B) if the defendant elects to proceed without counsel, the
defendant must waive the right to counsel in accordance with
Article 1.051;
(C) the defendant must waive the right to be present at the
taking of the plea or to have counsel present, if the defendant
has counsel; and
(D) if the defendant is charged with a felony, judgment and
sentence are rendered in accordance with the conditions and
the procedure established by Article 42.14(b).
SB 1522



(c) Before accepting a plea submitted under Subsection
(a)(2), the court shall verify that the person submitting
the plea is:
(1) the defendant named in the information or
indictment; or
(2) a person with legal authority to act for the defendant
named in the information or indictment.
SB 1608
 Amends
Section 521.025, Transportation
Code
 Provides
that if a defendant causes a
wreck causing serious bodily injury or
death, was not carrying a driver’s license
and did not have a valid insurance policy,
it is a Class A misdemeanor.
SB 1608

(3) if it is shown on the trial of the offense that at the
time of the offense the person was operating the motor
vehicle in violation of Section 601.191 and caused or was
at fault in a motor vehicle accident that resulted in
serious bodily injury to or the death of another person,
an offense under this section is a Class A misdemeanor.
HB 2717
 Effective
6/17/2011
 Amends
Section 132.002, Local
Government Code
 Allows
courts to accept payments by
electronic means, and to charge related
fees.
HB 2717

(a) The commissioners court of a county may authorize a
county or precinct officer who collects fees, fines, court
costs, or other charges on behalf of the county or the
state to accept payment by credit card or electronic
means of a fee, fine, court costs, or other charge. The
commissioners court may also authorize a county or
precinct officer to collect and retain a fee for processing
the payment by credit card or electronic means.
HB 2847

Amends multiple code sections

Makes “video teleconferencing systems” an
eligible expenditure under the courthouse
security fund.

Requires a record of pleas made by
teleconference to be made by a court
reporter.
HB 2847

(c) A record [recording] of the communication shall be
made by a court reporter and preserved by the court
reporter until all appellate proceedings have been
disposed of. The defendant may obtain a copy of the
record [recording] on payment of a reasonable amount to
cover the costs of reproduction or, if the defendant is
indigent, the court shall provide a copy to the defendant
without charging a cost for the copy.
(c-1) The loss or destruction of or failure to make a
record of a plea entered under this article is not alone
sufficient grounds for a defendant to withdraw the
defendant's plea or to request the court to set aside a
conviction or sentence based on the plea.
HB 2847

(d-1) For purposes of this article, the term "security
personnel, services, and items" includes:
(1) the purchase or repair of X-ray machines and
conveying systems;
(2) handheld metal detectors;
(3) walkthrough metal detectors;
(4) identification cards and systems;
(5) electronic locking and surveillance equipment;
(6) video teleconferencing systems;
SB 1233
 Effective
 Amends
 Allows
6/17/2011
multiple code sections
inmate testimony and grand
jury testimony by teleconference.
SB 1233

In a proceeding in the prosecution of a criminal offense in
which an inmate in the custody of the Texas Department
of Criminal Justice is required to testify as a witness, any
deposition or testimony of the inmate witness may be
conducted by a video teleconferencing system in the
manner described by Article 27.18 [electronic means, in
the same manner as permitted in civil cases under Section
30.012, Civil Practice and Remedies Code].
FEES AND COLLECTIONS
HB 1426

Effective 6/17/2011

Amends Article 103.003, Code of Criminal
Procedure

Allows a commissioners court to collect
money payable to the county if the county has
implemented a collection improvement
program.
HB 2949

Amends multiple code sections

Requires courts to notify DPS immediately when
defendant is eligible to be removed from OMNI.

Contains provisions relating to the collection
improvement program administered by the Office of
Court Administration
HB 2949

(a) A political subdivision shall immediately notify the department that
there is no cause to continue to deny renewal of a person's driver's license
based on the person's previous failure to appear or failure to pay or satisfy
a judgment ordering the payment of a fine and cost in the manner ordered
by the court in a matter involving an offense described by Section
706.002(a), on payment of a fee as provided by Section 706.006 and:
(1) the perfection of an appeal of the case for which the warrant of arrest
was issued or judgment arose;
(2) the dismissal of the charge for which the warrant of arrest was issued
or judgment arose;
(3) the posting of bond or the giving of other security to reinstate the
charge for which the warrant was issued;
(4) the payment or discharge of the fine and cost owed on an outstanding
judgment of the court; or
(5) other suitable arrangement to pay the fine and cost within the court's
discretion.
SB 1521
 Effective
6/17/2011
 Amends
Section 102.017, Code of
Criminal Procedure
 Allows
security fund money to be spend
on “warrant officers and related
equipment.”
SB 1 (82-1)
 Repeals
Section 545.412(b-1),
Transportation Code
 Eliminates
the $0.15 court cost
associated with child passenger safety
seat system offenses.
MAGISTRATION
HB 167

Modifies Health & Safety Code Sec. 575.045
and adds Sec. 575.0455

Creates a priority of who a magistrate can
order to transport an individual for mental
health evaluation

Authorizes commissioners court to create
list of qualified transportation service
providers to assist with this procedure
HB 167 continued
1) a special officer for mental health
assignment certified under Section 1701.404,
Occupations Code;
 2) the facility administrator UNLESS they
notify the court they are unavailable;
 3) a relative or other responsible person who
has a proper interest in the patient's welfare
and who receives no remuneration, except
for actual and necessary expenses;

HB 167 continued



4) a representative of the local mental health
authority, who shall be reimbursed by the county,
unless the representative notifies the court that local
mental health authority personnel are not qualified to
ensure the safety of the patient during transport;
5) a qualified transportation service provider selected
from the list established and maintained as required
by Section 574.0455 (added by this bill) by the
commissioners court of the county in which the
court authorizing the transportation is located;
6) a sheriff or constable
HB 167 continued

Additionally, a person who under Subsection
(a)(1), (2), or (6) is authorized by the court to
transport a person to a mental health facility
may contract with a qualified transportation
service provider that is included on the list
established and maintained as required by
Section 574.0455 by the commissioners court
of the county in which the court is located to
provide the transportation authorized by the
court.
HB 963
 Modifies
Ch. 821 of the Health & Safety
Code
 Deals
with the procedure for hearings
regarding cruelly-treated animals
HB 963 continued
Adds definitions:
 "Nonprofit animal welfare organization"
means a nonprofit organization that has as its
purpose:
 (A) the prevention of cruelty to animals; or
 (B) the sheltering of, caring for, and providing
homes for lost, stray, and abandoned animals.
 "Owner" includes a person who owns or has
custody or control of an animal.

HB 963 continued
Adds as an option if you find the animal is
cruelly treated to “order the animal given to
a municipal or county animal shelter or a
nonprofit animal welfare organization”
 Adds costs incurred by the above entities to
costs adjudged against owner
 Court must also determine estimated costs
of housing/care during appeal process
 Appeal bond is in amount of incurred +
estimated costs (can be cash or surety)

HB 976
Effective 6/17/11
 Modifies Art. 15.03, Code of Crim Proc


Allows an affiant to appear before a judge
via electronic broadcast system (2-way
video and audio required) to request a
warrant to be issued
HB 976 continued

Must be recorded

If the defendant is charged, a copy of the
recording must be preserved until acquittal
or the exhaustion of appellate remedies

Defense counsel is entitled to a copy upon
payment of reasonable costs of duplication
HB 1070
 Effective
 Modifies
 Allows
6/17/11
Ch. 17 of the Code of Crim Pro
jailers licensed under Chapter
1701, Occupations Code to take bail
bonds. They are an ‘officer’ for purposes
of Chapter 17
HB 1829
 Modifies
 Allows
Health & Safety Code 573.012
a physician to apply for a mental
health warrant via email with attached
PDF. Judge may transmit warrant
electronically or via email with warrant
attached as PDF.
HB 1891
 Modifies
 Allows
Code of Crim Pro 18.07
information to be taken off a
seized computer after the search warrant
has expired, as long as the equipment is
seized before the warrant expires
HB 2061

Effective 6/17/11

Modifies Health & Safety Code 191.024

On the state registrar's demand, a person,
including a local registrar, physician, midwife, or
funeral director, who has information relating to
a birth, death, or fetal death shall supply the
information to the state registrar in person, by
mail, or through the local registrar. The person
shall supply the information on a form provided
by the department or on the original certificate.
HB 3510
 Modifies
Chapter 2308 of the
Occupations Code
 Multiple
changes to tow hearing
procedures
 Allows
signs to reference “towing and
booting” or one or the other, as
applicable
HB 3510 continued
 Facility
may not charge more for
nonconsent tow or related service than
Occ Code 2308.0575 or political
subdivision establishes
 You
are now allowed to award attorney’s
fees at a tow hearing
SB 116
 Modifies
Family Code 71.0021
 (a) "Dating violence" means an act, other
than a defensive measure to protect
oneself, by an actor [individual] that:
 (1) is committed against a victim:
 (A) [another individual] with whom the
actor [that person] has or has had a
dating relationship; or
SB 116 continued

(B) because of the victim's marriage to or
dating relationship with an individual with whom
the actor is or has been in a dating relationship
or marriage; and

(2) [that] is intended to result in physical harm,
bodily injury, assault, or sexual assault or that is
a threat that reasonably places the victim
[individual] in fear of imminent physical harm,
bodily injury, assault, or sexual assault[, but does
not include defensive measures to protect
oneself].
SB 877
 Effective
 Modifies
 Requires
5/19/11
Code of Crim Pro 17.16
a surety to file an affidavit with
the prosecutor’s office, as well as the
sheriff if they wish to get off of a surety
bond due to defendant’s incarceration
SB 877 continued
 Requires
the sheriff to verify the
incarceration, then file a verification
statement with the magistrate before
whom the case is pending
 Magistrate will then direct issuance of a
capias (not capias pro fine) unless there is
a current warrant outstanding or capias is
otherwise unnecessary
SB 877 continued
(f) An affidavit described by Subsection (a)(2)
and the documentation of any verification
obtained under Subsection (b) must be:
 (1) filed in the court record of the
underlying criminal case in the court in which
the prosecution is pending or, if the court
record does not exist, in a general file
maintained by the clerk of the court; and
 (2) delivered to the office of the prosecuting
attorney.

SB 877 continued
 (g)
A surety is liable for all reasonable
and necessary expenses incurred in
returning the accused into the custody of
the sheriff of the county in which the
prosecution is pending.
SB 880
 Expands
Gov’t Code 76.011
 Allows
community service and
corrections departments to monitor
bond conditions, including ignition
interlock devices
 Who
pays? Allows fund under CCP
103.004 (d) and admin fee of $25-60
SB 1681
 Modifies
Code of Crim Pro 26.04 and
42.12 sec 21
 If
you are the one responsible for
appointing counsel, the right applies to
any criminal proceeding, including appeals
from conviction. Counsel lists should
indicate if attys will work on trial, appeal
or both
SB 1681 continued
 Expands
requirements of 15.17 hearings
to those individuals arrested on Motion
to Revoke Probation warrants, however
only the judge who ordered the arrest
may authorize release on bond. You only
have to do the hearing if the judge is
‘unavailable’.
SB 1787
 Modifies Trans. Code
 Adds
724.015
requirement that officer requesting
specimen from suspected DWI warn the
suspect verbally and in writing that they
may seek a warrant if they refuse
INQUESTS
HB 74
 Effective
5/20/11
 Modifies Health & Safety Code
711.002
 Regarding disposition of military
remains
HB 74 continued

(a-1) If a United States Department of Defense
Record of Emergency Data, DD Form 93, or a
successor form, was in effect at the time of death
for a decedent who died in a manner described by
10 U.S.C. Sections 1481(a)(1) through (8), the DD
Form 93 controls over any other written
instrument described by Subsection (a)(1) or (g)
with respect to designating a person to control
the disposition of the decedent's remains.
Notwithstanding Subsections (b) and (c), the form
is legally sufficient if it is properly completed,
signed by the decedent, and witnessed in the
manner required by the form.
HB 549
Effective 6/17/11
 Modifies Health & Safety Code 711.002
 A person listed in Subsection (a) may not
control the disposition of the decedent's
remains if, in connection with the decedent's
death, an indictment has been filed charging
the person with a crime under Chapter 19,
Penal Code, that involves family violence
against the decedent.

HB 1009
 Repeal
of Code Crim Pro 49.13
Effective 1/1/12, all others 9/1/11
 Modifies
Chapter 49 of the CCP,
providing guidance for autopsy
procedures
HB 1009 continued
 Does
not apply to an autopsy determined
by a JP to be required under any law (for
example child under 6)
 If a physician cannot find someone in
family to give consent, JP may grant
permission to perform
 Provides priority list of who may consent
HB 1009 continued
 If
there are multiple members of a class,
and one consents, that is sufficient unless
another member files an objection (can
be with the JP). If objection filed, majority
vote of that class controls.
 DSHS must promulgate written consent
form by 12/31/11
JUVENILE
HB 350
 Adds
Code Crim Pro 45.0492 and
modifies 45.051
 Applies
to defendants UNDER 17 who
commit “a Class C misdemeanor
occurring in a building or on the grounds
of the primary or secondary school at
which the defendant was enrolled at the
time of the offense”
HB 350 continued
 Questions:
 What
if it is a fine-only offense but NOT
a Class C?
 What
about Failure to Attend School?
Does that occur in a building or on the
grounds of the school?
HB 350 continued
 You
may require these defendants to
discharge their fine/costs via community
service or tutoring program. HOWEVER,
the defendant can discharge that order at
any time by paying the fine/costs.
 They
get a MINIMUM of $50 credit for
each 8 hours of CS/tutoring.
HB 350 continued
A
justice or judge may not order a
defendant to perform more than 16
hours of community service per week or
attend more than 16 hours of tutoring
per week under this article unless the
justice or judge determines that requiring
additional hours of work or tutoring does
not cause a hardship on the defendant or
the defendant's family.
HB 350 continued
A …justice of the peace …is not liable for
damages arising from an act or failure to act
in connection with an activity performed by a
defendant under this article if the act or
failure to act:
 (1) was performed pursuant to court order;
and
 (2) was not intentional, grossly negligent, or
performed with conscious indifference or
reckless disregard for the safety of others.

HB 359
 Modifies
Ed. Code Ch. 37 and Penal Code
42.01
 Defense
to Disruption of Class (Ed. Code
37.124) and Disruption of Transportation
(Ed. Code 37.126) that defendant was
student in 6th grade or lower
HB 359 continued
 Defense
to certain types of Disorderly
Conduct (PC 42.01 (a) (1, 2, 3, 5, 6)) if the
defendant is a student in 6th grade or
lower AND the conduct occurred on a
public school campus during school
hours.
HB 961
 Effective
6/17/11, applies to ALL
convictions, including pre-6/17/11
 Modifies
sections of the Code Crim Pro,
Fam. Code and Gov’t Code
 Repeals
orders
section requiring nondisclosure
HB 961 continued


All records and files and information stored by electronic
means or otherwise, from which a record or file could be
generated, relating to a child who is convicted of and has
satisfied the judgment for a fine-only misdemeanor offense
other than a traffic offense are confidential and may not be
disclosed to the public except as provided under Article
45.0217(b).
All records and files and information stored by electronic
means or otherwise, from which a record or file could be
generated, relating to a child whose conviction for a fineonly misdemeanor other than a traffic offense is affirmed
are confidential upon satisfaction of the judgment and may
not be disclosed to the public except as provided under
Article 45.0217(b).
HB 961 continued
 So
no records of ANY offense other than
traffic committed by a child (at least 10,
under 17) can be released or made
known is the general rule, with exception
for 45.0217 (b). What is that?
HB 961 continued
(b) Information subject to Subsection (a) may
be open to inspection only by:
 (1) judges or court staff;
 (2) a criminal justice agency for a criminal
justice purpose, as those terms are defined by
Section 411.082, Government Code;
 (3) the Department of Public Safety;
 (4) an attorney for a party to the proceeding;
 (5) the child defendant; or
 (6) the defendant's parent, guardian, or
managing conservator.

HB 1964
 Another
bill allowing community service
for defendants under 17.
 Doesn’t
require that the offense occur on
school property, doesn’t allow tutoring
though
HB 1964 continued
Also only applies to “Class C” misdemeanors,
so no luck on most traffic offense
 Finally, doesn’t contain a “$50 for 8 hours”
provision, instead “the justice or judge shall
specify the number of hours of service the
defendant is required to perform and may
not order more than 200 hours of service.”
 Same provision limiting to 16 hrs/week

HB 2337
Modifies Fam. Code 51.095 to say a child’s
statement is admissible if:
 recorded by an electronic recording device,
including a device that records images, and is
obtained:
 (i) in another state in compliance with the
laws of that state or this state; or
 (ii) by a federal law enforcement officer in this
state or another state in compliance with the
laws of the United States.

SB 61

Effective 6/17/11

Modifying Code Crim Pro 45.056 and rules for
juvenile case managers
Pursuant to Article 102.0174, the court or governing
body may pay the salary and benefits of a juvenile
case manager and the costs of training, travel, office
supplies, and other necessary expenses relating to the
position of the juvenile case manager from the
juvenile case manager fund.
The fund may not be used to supplement the income
of an employee whose primary role is not that of a
juvenile case manager.


SB 61 continued
 Rules
also must be developed that
provide:
 (1) a code of ethics, and for the
enforcement of the code of ethics;
 (2) appropriate educational preservice
and in-service training standards for
juvenile case managers; and
SB 61 continued








(3) training in:
(A) the role of the juvenile case manager;
(B) case planning and management;
(C) applicable procedural and substantive law;
(D) courtroom proceedings and presentation;
(E) services to at-risk youth under Subchapter D,
Chapter 264, Family Code;
(F) local programs and services for juveniles and
methods by which juveniles may access those
programs and services; and
(G) detecting and preventing abuse, exploitation, and
neglect of juveniles.
SB 209
Modifies Art. 45.056 for additional guidance
regarding juvenile case managers
 (f) The juvenile case manager shall timely
report to the judge who signed the order or
judgment and, on request, to the judge
assigned to the case or the presiding judge any
information or recommendations relevant to
assisting the judge in making decisions that are
in the best interest of the child.

SB 209 continued







(g) The judge who is assigned to the case shall
consult with the juvenile case manager who is
supervising the case regarding:
(1) the child's home environment;
(2) the child's developmental, psychological, and
educational status;
(3) the child's previous interaction with the
justice system; and
(4) any sanctions available to the court that
would be in the best interest of the child.
(h) Subsections (f) and (g) do not apply to:
(1) a part-time judge; or
SB 1094
 Effective
6/17/11
 Modifies Ed. Code 7.111, requiring
adoption of rules for online GED courses
 The rules must: (1) provide a procedure
for verifying the identity of the person
taking the examination; and
 (2) prohibit a person under 18 years of
age from taking the examination online.
SB 1106

Modifies Education Code and Family Code
provisions relating to the exchange of
information regarding juveniles

A school district superintendent or the
superintendent's designee shall [may] disclose
information contained in a student's
educational records to a juvenile service
provider as required by Section 58.0051,
Family Code
SB 1106 continued









(1) "Educational records" means records in the possession of
a primary or secondary educational institution that contain
information relating to a student, including information relating
to the student's:
(A) identity;
(B) special needs;
(C) educational accommodations;
(D) assessment or diagnostic test results;
(E) attendance records;
(F) disciplinary records;
(G) medical records; and
(H) psychological diagnoses.
SB 1106 continued
"Juvenile service provider" means a
governmental entity that provides juvenile
justice or prevention, medical, educational, or
other support services to a juvenile. The term
includes:
 (I) a court with jurisdiction over juveniles;


Note that they did not say ‘juvenile court’. We
certainly are a court with jurisdiction over
juveniles.
SB 1106 continued
At the request of a juvenile service provider, an
independent school district or a charter
school shall disclose to the juvenile service
provider confidential information contained in
the student's educational records if the
student has been:
 (1) taken into custody under Section 52.01; or
 (2) referred to a juvenile court for allegedly
engaging in delinquent conduct or conduct
indicating a need for supervision.

SB 1106 continued







(b) At the request of a juvenile service provider,
another juvenile service provider shall disclose to
that provider a multi-system youth's personal health
information or a history of governmental services
provided to the multi-system youth, including:
(1) identity;
(2) medical records;
(3) assessment results;
(4) special needs;
(5) program placements; and
(6) psychological diagnoses.
SB 1106 continued






"Multi-system youth" means a person who:
(A) is younger than 19 years of age; and
(B) has received services from two or more juvenile
service providers.
A juvenile service provider may disclose personally
identifiable information under this section only for
the purposes of: (1) identifying a multi-system youth;
(2) coordinating and monitoring care for a multisystem youth; and
(3) improving the quality of juvenile services
provided to a multi-system youth.
SB 1106 continued
A juvenile service provider that [justice agency
official who] receives confidential [educational]
information under this section shall:
 (1) certify in writing that the juvenile service
provider [institution or individual] receiving
the confidential [personally identifiable]
information has agreed not to disclose it to a
third party, other than another juvenile service
provider; and

SB 1106 continued




(2) use the confidential information only to:
(A) verify the identity of a student involved in the
juvenile justice system; and
(B) provide delinquency prevention or treatment
services to the student
A juvenile service provider that requests information
under this section shall pay a fee to the disclosing
juvenile service provider in the same amounts
charged for the provision of public information under
Subchapter F, Chapter 552, Government Code, unless:
SB 1106 continued






(1) a memorandum of understanding between the
requesting provider and the disclosing provider:
(A) prohibits the payment of a fee;
(B) provides for the waiver of a fee; or
(C) provides an alternate method of assessing a fee;
(2) the disclosing provider waives the payment of the
fee; or
(3) disclosure of the information is required by law
other than this subchapter
SB 1331
 Same
provisions as HB 3474 regarding
defenses to MIP and MIC
SB 1489
 Extensive
changes to Failure to Attend
procedures, modifies Ed. Code Ch. 25 and
CCP Ch. 45
 Failure to Attend School can now ONLY
be charged on someone that is AT LEAST
12 and NOT YET 18
SB 1489 continued
 Extensive
changes to Failure to Attend
procedures, modifies Ed. Code Ch. 25 and
CCP Ch. 45
 Failure
to Attend School can now ONLY
be charged on someone that is AT LEAST
12 and NOT YET 18
SB 1489 continued
A county, justice, or municipal court shall dismiss
the complaint against an individual alleging that
the individual committed an offense under
Section 25.094, Education Code, if:
 (1) the court finds that the individual has
successfully complied with the conditions
imposed on the individual by the court under
this article; or
 (2) the individual presents to the court proof
that the individual has obtained a high school
diploma or a high school equivalency certificate.

SB 1489 continued
A
county, justice, or municipal court may
waive or reduce a fee or court cost
imposed under this article if the court
finds that payment of the fee or court
cost would cause financial hardship.
SB 1489 continued

A court shall expunge an individual's conviction under
Section 25.094, Education Code, and records relating
to a conviction, regardless of whether the individual
has previously been convicted of an offense under
that section, if:

(1) the court finds that the individual has successfully
complied with the conditions imposed on the
individual by the court under Article 45.054; or
(2) before the individual's 21st birthday, the individual
presents to the court proof that the individual has
obtained a high school diploma or a high school
equivalency certificate.

SB 1489 continued





Sec. 25.0915. TRUANCY PREVENTION MEASURES;
REFERRAL AND FILING REQUIREMENT.
(a) A school district shall adopt truancy prevention
measures designed to:
(1) address student conduct related to truancy in the
school setting;
(2) minimize the need for referrals to juvenile court
for conduct described by Section 51.03(b)(2), Family
Code;
(3) minimize the filing of complaints in county, justice,
and municipal courts alleging a violation of Section
25.094.
SB 1489 continued





Each referral to juvenile court for conduct described by
Section 51.03(b)(2), Family Code, or complaint filed in
county, justice, or municipal court alleging a violation by a
student of Section 25.094 must:
(1) be accompanied by a statement from the student's
school certifying that:
(A) the school applied the truancy prevention measures
adopted under Subsection (a) to the student; and
(B) the truancy prevention measures failed to
meaningfully address the student's school attendance; and
(2) specify whether the student is eligible for or receives
special education services under Subchapter A, Chapter
29.
SB 1489 continued
 Bill
also adds JP court to those who can
receive confidential info from the juvenile
justice info system.
 It also repeals the requirement that
juvenile case managers primarily work on
Failure to Attend cases and dictates that
only courts which employ a JCM can
collect the JCM fee
LANDLORD TENANT
HB 1111
 Effective
1/1/12
 Sec. 24.0053, Property Code
 If Pauper's Affidavit to appeal filed, Ct.
shall give tenant written notice when
Pauper’s Affidavit is filed that says:

1. the amount of the initial deposit of rent
stated in the judgment that the tenant
must pay into the justice court registry;
HB 1111 continued




2. whether the initial deposit must be paid in cash,
cashier's check, or money order, and to whom the
cashier's check or money order, if applicable, must be
made payable;
3. the calendar date by which the initial deposit must be
paid into the justice court registry;
4. for a court that closes before 5 p.m. on the date
specified by Subdivision (3), the time the court closes;
and
5. a statement that failure to pay the required amount
into the justice court registry by the date prescribed by
Subdivision (3) may result in the court issuing a writ of
possession without hearing.
HB 1111 continued
 (a-2)The
date by which an initial
deposit must be paid into the
justice court registry must be
within five days of the date the
tenant files the Pauper's Affidavit.
HB 1111 continued

Section 24.0054, Property Code

(a) During an appeal of an eviction case for
nonpayment of rent, the justice court on request
shall immediately issue a writ of possession, without
hearing, if:
 (1) a tenant fails to pay the initial rent deposit into
the justice court registry within five days of the
date the tenant filed a pauper's affidavit as required;
 (2) the justice court has provided the written
notice required; and
 (3) the justice court has not yet forwarded the
transcript and original papers to the county court.
HB 1111 continued
 (a-1) The
sheriff or constable shall
execute a writ of possession under
Subsection (a) in accordance with
Sections 24.0061(d) through (h). The
landlord shall bear the costs of issuing
and executing the writ of possession.

HB 1111 continued

(a-2) The justice court shall forward the transcript
and original papers in an appeal of an eviction case to
the county court but may not forward the
transcript and original papers before the sixth
day after the date the tenant files a pauper's
affidavit, except that, if the court confirms that the
tenant has timely paid the initial deposit of rent into
the justice court registry in accordance with Section
24.0053, the court may forward the transcript and
original papers immediately.
HB 1111 continued

(a-2) (continued) If the tenant has not timely
paid the initial deposit into the justice court
registry, the justice court on request shall
issue a writ of possession notwithstanding the fact
that the tenant has perfected an appeal by filing a
pauper's affidavit that has been approved by the court.
The justice court shall forward the transcript
and original papers in the case to the county
court for trial de novo, notwithstanding the
fact that a writ of possession under this
section has already been issued.
HB 1111 continued
 (a-3)
Notwithstanding Subsections (a)
and (a-2), the justice court may not
issue a writ of possession if the
tenant has timely deposited the
tenant's portion of the rent claimed
by the tenant under Section
24.0053(d).
HB 1111 continued

(a-4) During an appeal of an eviction case for
nonpayment of rent, if a tenant fails to pay
rent into the justice court or county court
registry as the rent becomes due under the
rental agreement in accordance with the
Texas Rules of Civil Procedure and Section
24.0053, the landlord may file with the county
court a sworn motion that the tenant failed
to pay rent as required. The landlord shall
notify the tenant of the motion and the
hearing date.
HB 1127
 Effective
1/1/2012
 Section 24.0051(d), Property Code
 Citation language must now also include
the following language:

A TENANT WHO IS SERVING ON ACTIVE MILITARY DUTY
MAY HAVE SPECIAL RIGHTS OR RELIEF RELATED TO THIS
SUIT UNDER FEDERAL LAW, INCLUDING THE
SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP.
SECTION 501 ET SEQ.), OR STATE LAW, INCLUDING
SECTION 92.017,TEXAS PROPERTY CODE.
HB 1168

Chapter 92 Property Code

Changes the landlord’s obligation to maintain “smoke
detector”to a “smoke alarm” and gives that definition
Addresses when an older alarm must be replaced and
exceptions
States all levels and/ or corridors of a building must
have an alarm
Reviews installation procedures
Discusses the required power source for the alarms




HB 1862
 Sec. 92.023.
Property Code
 Landlord is liable to a tenant if a
certificate of occupancy is revoked
because of the landlord's failure to
maintain the premises
 Tenant cannot be in default
HB 1862 continued
Landlord may be liable for:
 (1) the full amount of the tenant's security
deposit;
 (2) the pro rata portion of any rental payment
the tenant has paid in advance;
 (3) the tenant's actual damages, including any
moving costs, utility connection fees, storage
fees, and lost wages; and
 (4) court costs and attorney's fees arising from
any related cause of action by the tenant against
the landlord.

SB 1320

Section 24.004, Property Code
 Justice
court has jurisdiction over
eviction suit in its precinct
 NO jurisdiction over an eviction suit in a
contract for deed case IF the defendant
files a sworn statement alleging the suit is
based on a deed executed in violation of
Chapter 21 Business & Commerce Code
SB 1320 continued
 Ch. 21
 Seller
Business & Commerce Code
of residential real estate
may not, request or require the
purchaser give to the seller a
deed conveying the residential
real estate to the seller
CIVIL PROCEEDURE
HB 257




Sec. 72.1017. Property Code
Abandoned personal property now includes utility
deposits
Abandoned 18 months after:
 date a refund check was payable to depositor
 date the utility last received documented
correspondence from depositor
 date a refund check was issued, provided no
claim has been made for the check
Whichever is LATEST
Exceptions: if military duty and give notice – not
considered abandoned for 2 years after that notice
HB 274


Section 22.004, Government Code
“Frivolous Lawsuit” Bill
Supreme Court must create rules to deal with
cases that have “no basis in law or fact”
 Must be ruled on within 45 days


Section 30.021, Civil Practice and Remedies Code
 Attorney's
fees may be sought
HB 274 continued




Sections 42.001(5), Civil Practice & Remedies
Code
Litigation costs now include “reasonable
deposition costs”
Section 42.003 (b), Civil Practice & Remedies
Code
Parties are not required to file a settlement offer
with the court (must be in writing to each other).
HB 274 continued

Section 33.004(d), Civil Practice and Remedies Code
 If
a defendant failed to timely disclose
that the person may be designated as a
responsible third party, the Defendant
may not designate a person as a
responsible third party AFTER the statue
of limitations has expired
HB 930






Effective 6/17/2011
Section 33.22(c), Tax Code
Tax warrant shall be issued if the applicant:
Knows of no other property in the county from
which the tax may be taken AND
Has reason to believe that the property owner is
about to remove the property from the county
Or the property is about to be sold at a liquidation
sale in connection with the cessation of a business.
HB 942

6.004 Civil Practice and Remedies Code
 School
Districts do NOT need to
have a security for cost to bring and
prosecute suits.
 School Districts may appeal a
judgment WITHOUT a supersedeas
bond
HB 962





Effective 1/1/2012
17.030 Civil Practice and Remedies Code
(a) The Supreme Court must adopt rules governing
Return of Service
(b) New Rules to include that it can be electronically
filed and no need to endorse or attach to the original
process issued
Rules may include additional information such as who
was served, the case number and Court, and
information regarding the certification of the server.
HB 962 continued

(c) A person certified by the
supreme court as a process server or
a person authorized outside of Texas
to serve process shall sign the return
of service under penalty of perjury.
The return of service is not required
to be verified.
HB 962 continued
 No
longer requires “sworn to”
but now signed under penalty of
perjury
 This means anyone who falsely
claims to have served a party
may be prosecuted for that lie
HB 1381

17.029 Civil Practice and Remedies Code
Service in a civil action against an inmate in the
Texas prison system
 Each facility shall have an employee appointed
by the warden to serve as the agent for
service
 That agent will promptly serve any civil
process served on the inmate

HB 2991





Section 271.004 (b) Business & Commerce Code
“Long-arm” statue for personal jurisdiction now includes:
A substantial part of the transaction occurred in or from
the jurisdiction
Any of the documents were formed under the laws of the
jurisdiction
If a transaction bears relation to a jurisdiction when
created, it remains even if the documents are amended or
facts and circumstances surrounding the transaction
change
HB 3174


Effective 6/17/2011
Section 33-2 The Securities Act
A party is entitled to a de novo review by a
Texas Court before of any foreign country
judgment prior to enforcement
 The Court must determine if the party seeking
recognition or enforcement of the judgment
has violated this Act or Chapter 17, Business &
Commerce Code

HB 3174
To get the de novo review, the party whom
the judgment is against must file a notarized
pleading saying the opposing party violated
this Act
 That pleading creates a stay of execution of
the judgment until the Court completes its
review and gives final judgment
 If the Court finds the enforcing party violated
this Act, that is sufficient for non-recognition
of the judgment

HB 3174 continued
 To
get the de novo review, the party
whom the judgment is against must file a
notarized pleading saying the opposing
party violated this Act
 That pleading creates a stay of execution
of the judgment until the Court
completes it’s review and gives final
judgment
HB 3174 continued
 If
the Court finds the enforcing party
violated this Act, that is sufficient for nonrecognition of the judgment
 Applies to any foreign country judgments
that involve: a contract for a sale, offer
for sale, or investment, that requires
liquidated damages against a Texas
resident
HB 3674

Section 132.001, Civil Practice and Remedies Code
 Unsworn
declarations of inmates
 Must be made in writing and signed
under penalty of perjury
 Provides forms for the unsworn
declarations of the inmate
SB 428


Effective 5/17/11
Section 35.004(b) & (d) Civil Practice & Remedies Code
 Filing
a foreign judgment
 (b)The [clerk] judgment creditor or the
judgment creditor's attorney shall:

(1) promptly mail notice of the filing of the
foreign judgment to the judgment debtor
at the address provided for the judgment
debtor; and
SB 428 continued
 (2)
file proof of mailing of the notice
with the clerk of the court [given and
shall note the mailing in the docket].
 (d)
On receipt of proof of mailing
under Subsection (b), the clerk of the
court shall note the mailing in the
docket.
SB 582

Section 5.257, Business Organizations Code
Service for collection of a delinquent ad
valorem tax
 Limited Liability Companies can now be served
 Can also now serve even if a non-resident of
Texas
 Can be a non-resident and a foreign company,
LLC, PA, trust, etc. that is not required to
appoint a registered agent

SB 1357


Section 142.004, Agriculture Code
An estray animal can be redeemed off a
private or public land if:
 the owner of the estray and the
owner/occupant of the property agree to a
redemption payment amount and the
owner/occupant gets the payment; OR
 a Justice Court having jurisdiction
determines the payment amount and gives
the owner of the estray written authority
to redeem the estray
SB 1357 continued
 The
owner of the estray has 5 days to
redeem the estray
 If not, the sheriff will impound the estray
unless the sheriff determines the owner
is making a good faith effort to comply
 While impounded, the estray cannot be
used by the owner/occupant of the
property
SB 1357 continued

Section 142.006 Agriculture Code
The owner/occupant of the land where the
estray was located is entitled to reasonable
damages while impounded
 Must have given notice to the sheriff within 5
days of discovery of the estray
 If the estray owner and property
owner/occupant cannot decide on a payment
amount, EITHER party may file with the Justice
Court

SB 1357 continued

Section 142.009 (a) Agriculture Code
 Reiterates
that one of the ways an estray
may be impounded is if the owner fails to
redeem the eastray within 5 days of
service of the Notice unless the sheriff or
his designee finds the owner is trying to
comply in good faith
SB 1357 continued

Section 142.014 Agriculture Code
 Once
the estray has been sold, and
after a sheriff approved affidavit
proving ownership, an original owner
of an eastray may now seek the
proceeds of that sale within 180 days
of the sale (previously one year)
SB 1810


Effective 6/17/2012
Section 42.0021(a), (c), and (d) Property Code
Exempt personal property now includes:
 annuities, deferred compensation and/or
simplified employee pension plan, an individual
retirement account (including one that is
inherited), an annuity, or a health savings
account
 As long as it is still exempt from Federal
income taxes

RECORD KEEPING & OFFICE
HOLDING
HB 1559


Effective 5/30/2011
Chapter 441, Subchapter B, Government Code
The Texas State Library commission shall
adopt rules for the retention, storage, and
destruction of a court document filed with,
presented to or produced by a Court in Texas
before January 1, 1951.
 A Court may NOT destroy a court document
except as provided by rules of the commission.

HB 1844


Effective 6/17/2011
Section 441.168 (a) & (b), Government Code
Language now includes “storage” of local
government records, not just microfilming.
 (c) The director and librarian may allow the
state records center to provide for the
economical and efficient storage, accessibility,
protection, and final disposition of inactive and
vital local government records under this
section.

SB 321

Section 52.061, Labor Code
CANNOT prohibit an employee who holds a
license to carry a concealed handgun or who
lawfully possesses ammunition from
transporting or storing a firearm or
ammunition
 The employee CAN keep it in a locked,
privately owned vehicle at work
 CANNOT bring the ammo or gun
somewhere otherwise prohibited by Federal
law

SB 321 continued

Sec. 52.062, Labor Code

Does not apply to:
 Work vehicles (unless required to carry/store a
gun as part of official duties)
 Any school or school district
 Property has an unexpired mineral lease that
prohibits the gun
 Restricted area of hazardous materials business
Employer CAN still prohibit concealed firearm on
business premises

SB 321 continued

Sec. 52.063, Labor Code
 Employer
NOT liable for any damages
due to an occurrence involving a gun or
ammo the employer is required to allow
on the employee to have on the property
 Gun does not create an unsafe
workplace
 No duty of employer to patrol, secure
or inspect the parking lot or vehicles
SB 321 continued

Section 52.064, Labor Code
 Does
not effect personal liability of
someone who:
 Does not comply with this chapter
 Person who causes injury or harm
with the gun
 Person who aides or encourages
injury due to the gun
SB 886

Section 30.018 Civil Practice and Remedies Code
 Any
Court Clerk may enter and maintain
information for an execution docket in an
electronic format that allows the
information to be retrieved in the same
way it would be manually using an index
or cross-index to the docket that is
otherwise required by law.
SB 886


Section 34.03 (c), Tax Code
Regarding the execution docket
 The
Clerk may store any local
government record electronically in
addition to or instead of paper or
other media
SB 1269

Section 36.07(b-1), Penal Code
 When
a public official accepts travel or
lodging in connection with
seminar/conference where the public
servant renders services, those
transportation and lodging costs are
NOT considered political contributions
SB 1638


Effective 6/17/2011
Section 552.024(a), Section 552.117(a), Section
552.1175(b) Government Code
 Adds “emergency
contact
information” as public employee
confidential information to be
considered in these sections
SB 1907

552.0215 Government Code
 Public
information that is exempt
from disclosure but is not
confidential becomes available to the
public 75 years after the date the
information was originally created or
received by the governmental body
SJR 37


11/8/2011 Special Election Date
Section 65 (b), Article XVI, Texas 8 Constitution
 Proposes
an election to amend the
constitution regarding the “resign to run”
provision
 If passed, would make it an automatic
resignation if your remaining term
exceeds one year and 30 days
ELECTIONS
HB 2659







Effective 6/17/2011
Section 253.094, Election Code
Now only addresses prohibited contributions from
corporations and labor organizations
No longer includes “expenditures”
Sec. 254.061, Election Code
Contents of reports
No longer need the full name and address of each
individual acting as a campaign treasurer of a political
committee
HB 2659




Chapter 254, Election Code adding Chapter J
Direct Campaign Expenditures Exceeding $100
An individual who makes one or more direct campaign
expenditures in an election from the person's own
property shall comply with this chapter as if the person
were the campaign treasurer of a general-purpose
committee that does not file monthly reports
They are not required to file a report under this section if
the person is required to disclose the expenditure in
another report required under this title within the time
applicable under this section for reporting the
expenditure
HB 2659 continued

A person is not required to file a campaign
treasurer appointment for making
expenditures for which reporting is required
under this section, unless the person is
otherwise required to file a campaign treasurer
appointment under this title

Personal travel expenses are not considered
‘expenditures’
SB 1 (82-1)



Effective 6/29/2011
Section 253.0351,(c) Election Code
A candidate or officeholder who deposits
personal funds in an account in which political
contributions are held shall report the
amount of personal funds deposited as a loan
and may reimburse the amount deposited as a
loan from political contributions or
unexpended personal funds deposited in the
account.
SB 1 (82-1) continued




The reimbursement may not exceed the amount
reported as a loan.
Personal funds deposited in an account in which
political contributions must be included in the
reports of the total amount of political contributions
maintained required
Section 254.031(a), Election Code
Changes the required reported political expenditures
that exceed $100, instead of $50
SB 1 (82-1) continued

Reports filed now must include the following if received
during the reporting period and is >$100 :





Any credit, interest, rebate, refund, reimbursement, or return of
a deposit fee resulting from the use of a political contribution
or an asset purchased with a political contribution
Any proceeds of the sale of an asset purchased with a political
contribution
Any investment purchased with a political contribution that is
Any other gain from a political contribution that; and
The full name and address of each person from whom an
amount described by these previous sections is received, the
date the amount is received, and the purpose for which the
amount is received.
SB 1 (82-1) continued

Section 571.122 (e), Government Code

A political report cannot be challenged due to the wrong name
or address if that is what was written on the check for the
contribution

Section 571.1222
Any complaint brought due to this alleged violation shall
be dismissed

SB 1 (82-1)




Section 571.123(b), Government Code
If a Complaint is brought, the respondent candidate may
designate an agent with whom commission staff may
discuss the complaint
Section 571.1231, Government Code
The candidate respondent may designate the agent in
writing to the Commission and communications with that
agent are considered direct communication with the
respondent candidate
SPECIAL COUNTIES
HB 218

Section 365.035 Health and Safety & Code
 Counties
within 85 miles Mexico and
in which at least four rivers are
located
 Class C Misdemeanor to possesses a
glass container within the boundaries
of a state-owned riverbed
HB 734

Section 25.093(b), Education Code
 County
population 1.75 million or >
 School shall file a complaint against
the parent in the county court where
the parent lives or where the school
is located
HB 1173

17.033, Code of Criminal Procedure --Harris County only
 Warrantless
misdemeanor arrest
 Magistrate not determined PC
 36 hours in jail
 Must be release on no > 5k bond
 This will expire in Jan. 2013 after an
impact study
HB 1322


Effective 5/21/2011
46.001, Parks and Wildlife Code
 Gulf
Coast Counties
 Need a license to fish in the gulf
 Except:
 first Saturday in June (Free Sportfishing
Day)
 or other exemptions in 46.002 (age,
metal capacity, etc. )
HB 1371

Section 92.0131, Property Code adding sec (c-2)
 Municipality
> 500,000 and not >50 miles
from an international border
 Municipal housing authority may require
vehicles parked in a community of the
authority, corporation, affiliate, or
subsidiary be registered with the housing
authority.
HB 2132


Effective 6/17/2011
Chapter 54, Government Code
 Counties
> 585,000 population
and next to a county with at least
4 million
 County judge may appoint one or
more part or full time magistrates
to hear Failure to Attend cases
SB 1200

Article 4.12, CCP
 Harris
County
 Misd. Case can also be tried …
 In any precinct in the county that is
adjacent to the precinct in which the
offense was committed
SB 1271
Effective 6/17/2011
 Section 152.001, Civil Practice and Remedies
Code
 Alternative Dispute Resolutions now includes
entities and units of government, not just
individuals
 Regarding the ADR systems developed by
Counties established by the Commissioners'
Court
