TCJL Legislative Tracking Report 5-31-23

TCJL Tracked Bill List
May 31, 2023

The last day for the Governor to sign or veto bills is Sunday, June 18, 2023.

To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx
Latest actions appear in red.
Due to the high volume of recent activity, please confirm latest bill status on Texas Legislature Online.

TCJL Priority Bills
New Causes of Action
Pandemic Liability/Emergency Powers
Dobbs/SB 8/Obergefell/LGBTQ
Nullification
State Pre-Emption/Local Government Control
Tort Liability
Health Care Liability
Employment Law
Construction Law/Freedom to Contract
Procedure/Discovery/Privileges
Insurance
Worker’s Compensation
Eminent Domain
Civil Rights
Court Records, Filing Fees, Costs
Judicial Matters, Administration
Jury Matters
Attorney’s Fees
Practice of Law
Probate Matters
Administrative Procedures

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TCJL LEGISLATIVE PRIORITY BILLS

Judicial Education

HB 2384 by Leach (R-Allen)/Hughes (R-Tyler):

Requires a judicial candidate’s ballot application to include the candidate’s bar number, to disclose any public sanction or censure or disciplinary sanctions in Texas or another state, to state for the previous five-year period the nature of the candidate’s practice, any legal specialization, the candidate’s professional courtroom experience, and any final conviction for a Class A or B misdemeanor in the past 10 years. Further requires candidates for appellate courts to describe appellate court briefs and oral arguments for the past five years.
Makes public any sanction against a judicial candidate for making a false declaration on the ballot application.
Directs the Supreme Court to adopt rules on judicial training a judge must complete within one year of election to the bench. Requires the rules to provide a minimum of 30 hours of instruction on the administrative duties of the office and substantive, procedural, and evidentiary law. Requires a further 16 hours of continuing education annually. Requires the Judicial Conduct Commission to suspend a judge who does not complete the training.
Provides that a judge who is noncompliant with the education requirement for more than one year engages in “wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties” sufficient to subject the judge to removal from office under Art. V, § 1-a, Texas Constitution.
Directs the director of Office of Court Administration (OCA) to develop standards for identifying courts that need additional assistance to promote the efficient administration of justice.
Directs the OCA to include disaggregated performance measures for each appellate, district, statutory county, and county court as part of its annual performance report.
Directs OCA to report the annual clearance rate for each trial court. Directs local district grievance committees to sanction attorneys that make false declarations on a ballot application.
Directs the Supreme Court to adopt rules establishing a specialty certification for attorneys in judicial administration and the Texas Board of Legal Specialization to make it available to judges. Provides that a judge who holds a specialty certification in judicial administration may be entitled to additional compensation if the legislature makes an appropriation for that purpose.

HB 2384 is TCJL’s top legislative priority this session. We believe that this legislation has the potential, over time, to do more to improve the administration of justice than any other proposal on this subject. By creating a more robust and uniform standard for judicial training and education, HB 2384 will equally benefit the courts, the litigants, and all Texans who are entitled to the highest level of skill and competence from their judges. Sent to Governor on 5/22.

Permissive Appeals

HB 1561 by Smithee (R-Amarillo)/SB 1603 by Hughes (R-Tyler): Amends § 51.014, CPRC, to require a court of appeals to state the specific reason for declining to accept a permissive appeal. Provides that the supreme court may review a court’s decision not to accept the appeal under a de novo standard or direct the court of appeals to accept the appeal. Effective 9/1/23.

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NEW CAUSES OF ACTION

HB 18 by Slawson (R-Stephenville): Adds Chapter 509, Business & Commerce Code, to require a digital services provider (a person who owns or operates a website, app, program, or software that performs collection or processing functions with Internet connectivity) to “exercise reasonable care prevent physical, emotional, and developmental harm to a minor (e.g., self-harm, suicide, eating disorders, and other similar behaviors; substance abuse and patterns of use that indicate addiction; bullying and harassment; sexual exploitation, including enticement, grooming, trafficking, abuse, and child pornography; advertisements for products or services that are unlawful for a minor, including illegal drugs, tobacco, gambling, pornography, and alcohol; marketing of illegal products and predatory, unfair, and deceptive marketing). Exempts (1) a state agency or political subdivision, (2) a financial institution or data subject to Title V, Gramm-Leach-Bliley Act, (3) a covered entity or business associate governed by HIPAA and the Health Information Technology for Economic and Clinical Health Act; (4) a small business as defined by the SBA on 9/1/24, (5) an institution of higher education; (6) a digital services provider who processes or maintains user data in connection with the employment, promotion, reassignment, or retention of the user as an employee or independent contractor, to the extent that the user’s data is processed or maintained for that purpose; (7) an operator or provider regulated by Subchapter D, Chapter 32, Education Code (student data); or (8) a person subject to the Family Educational Rights and Privacy Act that operates a digital service. Further exempts an Internet service provider or Internet service provider’s affiliate if the provider or affiliate providing access or connection to a digital service does not exercise control of or is not responsible for the creation or provision of content that exposes a known minor to harm. Provides that a person is not a known minor after the minor’s 18^TH birthday. Permits a digital service provider to enter into a user agreement with a known minor only with the specific, informed, and unambiguous consent of the minor’s parent or guardian granted without any financial incentive. Specifies the methods for obtaining verifiable consent. Prohibits a provider from collecting a minor’s personal identifying information without specific parental consent except under limited circumstances. Requires a provider, prior to obtaining consent, to give the parent or guardian the ability to permanently enable settings to enable the highest privacy setting offered, prevent the DSP from collecting any data associated with the minor not necessary to provide the service, prevent the DSP from processing, sharing, disclosing, or transferring the data, and prevent collection of geolocation data, prevent targeted advertising, and prevent the minor from making purchases or financial transactions set the minor’s digital service to the strongest possible setting to prevent the minor from harm. Requires a DSP to provide a process for a known minor’s parents to register as the minor’s verified parent. Requires the provider to give consenting parents tools to monitor and control the minor’s use of the service. Requires the provider to permit parental access to data associated with the known minor and to provide a method by which the parent or guardian may request corrections or deletions, which the DSP must do within 45 days. the minor’s personal identifying information. Requires the provider to disclose each advertiser on the service and whether and how it uses algorithms. Bars the provider from limiting or terminating a minor’s service because the minor or minor’s parent withdraws consent. Creates a cause of action by the minor’s parent or guardian against the provider for a violation for equitable relief, actual damages, punitive damages, attorney’s fees, and costs. Provides that a violation constitutes an injury in fact to the minor. Makes a violation of the statute a DTPA violation. Sent to Governor on 5/30.

HB 450 by Craddick (R-Midland)/SB 501 by Hughes (R-Tyler): Creates a cause of action for a bad faith of an overriding royalty interest in an oil and gas lease. “Washout” means the elimination or reduction of an overriding interest by the forfeiture or surrender and subsequent reacquisition of an oil and gas lease by the same lessee). The standard for “bad faith” is knowing or intentional conduct. Remedies include actual damages, a constructive trust on the oil and gas lease or mineral estate acquired to accomplish the washout, and costs and attorney’s fees. Two-year statute of limitations running from the time the claimant obtained actual knowledge of the washout. Effective 9/1/23.

HB 4 by Capriglione (R-Southlake): Comprehensively regulates consumer personal data in the hands of a controller or affiliate. Confers exclusive enforcement authority on the attorney general. Imposes a civil penalty of $7,500 per violation following a 30-day right to cure. Allows the OAG to recover costs and attorney’s fees. Bars a private cause of action based on violation of the statute. Sent to Governor on 5/30.

HB 2127 by Burrows (R-Lubbock)/SB 814 by Creighton (R-Conroe): Adds Chapter 102A, CPRC, to confer standing on any person, including a taxpayer, adversely affected by a municipal or county ordinance adopted and enforced by the city or county to sue the city, county, or local official for violating field pre-emption in the following codes: Agriculture, Finance, Insurance, Labor, Natural Resources, or Occupations. Entitles the person to declaratory and injunctive relief and attorney’s fees and costs. Venue is in any county of the state and may not be transferred without consent of the parties. Waives governmental immunity. HB 2127 sent to Governor on 5/24.

HB 2313 by Thompson (D-Houston)/SB 1369 by Paxton (R-McKinney): Requires a transportation network company to annually provide to each driver human trafficking awareness and prevention training materials approved by the attorney general. Requires the company to maintain records necessary to establish that the company has provided the training. HB 2313 sent to Governor on 5/26.

HB 2444 by Thimesch (D-Carrollton)/SB 1639 by Zaffirini (D-Laredo): Adds Chapter 328, Business and Commerce Code, to prohibit a person from selling, using, or causing to be used any method, technology, device, or software in the sale or resale of event tickets on a ticket issuer’s or resale ticket agent’s website that functions as a bypass in the ticket purchasing process, disguises the identity of the purchaser, permits the purchase of quantity of tickets that exceeds the maximum number of tickets that may be sold to one purchaser, or circumvents a security measure or other control in the ticket purchasing process. Authorizes the attorney general to enforce by an action for injunctive relief, costs, attorney’s fees, and investigative costs. Effective 9/1/23.

HB 2459 by Vo (D-Houston): Allows a child labor investigator to assess an administrative penalty of up to $10,000. Directs the TWC to establish child labor appeal tribunals to hear disputed preliminary determination orders finding violations with review of tribunal orders by the commission. Provides for judicial review under the substantial evidence rule. Authorizes the attorney general to bring an action to enjoin violations. Sent to Governor on 5/22.

HB 2545 by Capriglione (R-Southlake)/SB 1544 by Johnson (D-Dallas): Prohibits a direct-to-individual genetic testing company from disclosing an individual’s genetic data without the individual’s consent. Imposes a civil penalty of up to $2,500 per violation, enforceable by the attorney general or district attorney with recovery of attorney’s fees and costs. Sent to Governor on 5/22.

HB 2837 by Schaefer (R-Tyler): Bars a financial institution from discriminating against a firearms retailer by declining a lawful payment card transaction based solely on the assignment or non-assignment of a firearms code to the merchant or transaction, limiting or declining to do business with a customer or merchant for the same reason, charging higher fees for the same reason, or otherwise taking any action against a person to suppress lawful commerce involving firearms. Imposes a civil penalty enforceable by the attorney general. Creates a cause of action for injunctive relief by the attorney general, or, if the attorney general does not act, an aggrieved merchant or individual. Imposes liability for costs and attorney’s fees. Sent to Governor on 5/24.

HB 5232 by Spiller (R-Jacksboro): Increases the amount of the fine payable to the state for a violation of the Texas Free Enterprise and Antitrust Act from $1 million to up to $50 million based on assets or market capitalization. Sent to Governor on 5/22. TCJL requested veto.

SB 12 by Hughes (R-Tyler): Makes it a Class A misdemeanor for a sexually oriented performance, including a drag performance, on public property at a time, in a place, or in a manner that could reasonably be expected to be viewed by a child, or in the presence of a person younger than 18 years of age (regardless of whether the minor’s parent or legal guardian consents). Prohibits a city or county from authorizing a sexually oriented performance, including a drag performance, on public property or in the presence of a minor. Imposes a civil penalty ($10,000 per violation) on a person who controls the premises of a commercial enterprise for allowing a sexually oriented performance in the presence of an individual under 18 years of age. Enforceable by the attorney general, with costs, investigative costs, attorney’s fees, witness fees, and deposition expenses. Sent to Governor on 5/29.

SB 1893 by Birdwell (R-Granbury): Prohibits the installation or use of a covered social media application on any device owned or leased by a governmental entity and requires removal of such application. Applies to TikTok or any other application ordered by the governor. Sent to Governor on 5/29.

SB 2105 by Johnson (D-Dallas)/HB 4917 by Holland (R-Rockwall): Regulates third-party data collection entities. Provides for consumer notice and registration with the secretary of state. Directs the SOS to maintain a registry that allows individuals to submit do not collect requests to collection entities. Provides for opt-in consent. Imposes a civil penalty for violations, enforceable by the attorney general with attorney’s fees and costs. HB 4917 referred to House Business & Industry 3/23. SB 2105 sent to Governor on 5/29.

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PANDEMIC LIABILITY/EMERGENCY POWERS

HB 558 by Raymond (D-Laredo): Prohibits an executive order issued by the governor in a declared emergency restricting the operation or hours of operation of a business that sells alcoholic beverages from including a federally tax exempt organization that benefits veterans of the US armed forces. Sent to Governor on 5/22.

HB 609 by Vasut (R-Angleton): Amends § 148.003, CPRC, to exempt from liability for injury or death a business owner or operator that does not require employees or contractors of the business to be vaccinated against a pandemic disease if the injury or death results from exposure to the disease by an employee or contractor of the business. Effective 9/1/23.

SB 29 by Birdwell (R-Granbury)/HB 5027 by Toth (R-The Woodlands): Prohibits vaccine mandates, school closure mandates, and face mask mandates. SB 29 sent to Governor on 5/29.

SB 401 by Kolkhorst (R-Brenham): Prohibits price gouging by medical staffing services during a declared state of emergency. Imposes civil penalties for violations recoverable in an action brought by the attorney general. Authorizes recovery of attorney’s fees, costs, and expenses. Sent to Governor on 5/29.

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DOBBS/SB 8/OBERGEFELL/LGBTQ

HB 1686 by Oliverson (R-Cypress)/SB 625 by Campbell (R-San Antonio)/SB 14 by Campbell (R-San Antonio): Prohibits a physician from performing a gender transitioning or gender reassignment treatment for a child. Prohibits public money from directly or indirectly being used to any individual or entity that provides or facilitates gender transitioning or gender reassignment treatment for a child. Enforcement by the attorney general and license revocation by the Texas Medical Board. SB 14 sent to Governor on 5/19.

HB 3058 by Johnson (D-Houston): HB 3058 by Johnson (D-Houston): Adds § 74.552, CPRC, to establish an affirmative defense to liability in an action against a physician or health care provider for a violation of § 170A.002, Health & Safety Code (prohibition of abortion), including an action to recover a civil penalty under § 170A.005, that the physician or health care provider exercised reasonable medical judgment in providing medical treatment to a pregnant woman in response to: (1) an ectopic pregnancy at any location; or (2) a previable premature rupture of membranes. Extends the defense to a pharmacist or pharmacy that dispenses a prescription drug or medication order written by a physician or provider pursuant to this section. Amends § 164.055, Occupations Code, to prohibit the TMB from taking disciplinary action against a physician who exercised reasonable judgment in providing medical treatment to a pregnant woman in the above circumstances. Amends § 9.35, Penal Code, to provide that a physician or health care provider is justified in exercising reasonable medical judgment in providing medical treatment to a pregnant woman as described above. Sent to Governor on 5/30.

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NULLIFICATION

HB 33 by Landgraf (R-Odessa)/SB 470 by Springer (R-Muenster): Bars a state agency or employee from contracting with or assisting a federal agency or official in the enforcement of a federal statute or regulation pertaining to oil and gas operations. Gives the attorney general enforcement authority. HB 33 sent to Governor on 5/30.

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STATE PRE-EMPTION/LOCAL GOVERNMENT CONTROL

HB 1819 by Cook (R-Mansfield)/SB 603 by Hughes (R-Tyler): Bars a political subdivision from adopting or enforcing a juvenile daytime curfew, other than in a declared emergency. HB sent to Governor on 5/22.

HB 2374 by Landgraf (R-Odessa)/ SB 1017 by Birdwell (R-Granbury): Bars a political subdivision from adopting an ordinance or regulation limiting access to an energy source or that results in the effective prohibition of a wholesaler, retailer, energy producer, or related infrastructure, including a retail service station, that is necessary to provide access to a specific energy source. Likewise bars a political subdivision from regulating an engine based on its fuel source. SB 1017 effective 9/1/23.

SB 784 by Birdwell (R-Granbury)/HB 2211 by Landgraf (R-Odessa): Pre-empts local government regulation of greenhouse gas emissions. Effective 9/1/23.

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TORT LIABILITY

HB 242 by Howard (D-Austin): Provides immunity from civil liability for a person that donates a feminine hygiene product to a nonprofit organization for distribution to individuals in need of the product, provided the product meets quality and labeling standards imposed by law at the time of the donation. Applies also to the nonprofit organization that distributes the product. Does not apply to intentional action or gross negligence resulting in injury. Effective 9/1/23.

HB 291 by Murr (R-Junction): Amends Chapter 521, Transportation Code, to place new restrictions on the issuance or renewal of occupational driver’s licenses. Bars a person from applying for a license if: (1) DPS determines that the person is incapable of operating a motor vehicle under Ch. 524; (2) the person does not hold a driver’s license and is ineligible to obtain one because of a suspension order, including an order due to a conviction or under Chapters 524 or 724 (intoxication); (3) the person is ineligible because the person holds a driver’s license issued by another state or country that was revoked, suspended, or canceled for a cause other than physical or mental impairment. Provides that an occupational driver’s license does not authorize a person to operate a commercial motor vehicle to which Chapter 522 applies (moving offenses). Establishes a procedure for petitioning a court to accept applications for a license. Sent to Governor on 5/24.

HB 527 by Wu (D-Houston): Amends the Texas Citizens Participation Act (Ch. 27, CPRC) to exempt from the application of the Act a legal malpractice claim. Sent to Governor on 5/30.

HB 1553 by Ashby (R-Lufkin): Amends § 2151.002(1), Occupations Code, to exclude from the definition of “amusement ride” certain challenge courses and waterslides. Sent to Governor on 5/24.

HB 1745 by Leach (R-Allen)/SB 901 by Nichols (R-Jacksonville): Adds Chapter 150E, CPRC, to provide that a transportation network company may not be held vicariously liable for damages in a civil action or arbitration proceeding if (1) the claimant fails to prove by clear and convincing evidence that the company was grossly negligent, or (2) the company has fulfilled its obligations with respect to the company driver under Chapter 2402, Occupations Code. Provides that a company may be held liable for negligence or gross negligence relating to the use of the company’s network, including the failure to prevent a driver from logging on, if, at the time of the event giving rise to the cause of action, the company had actual knowledge that the driver was disqualified from logging on for a reason described in § 2402.107(b), Occupations Code, that occurred after the most recent review of the driver’s driving record or criminal background check. require a claimant bringing a personal injury action against a transportation network company to file with the petition (or at the initiation of arbitration) an affidavit by claimant’s counsel setting forth specifically for each theory of recovery (1) the negligence, if any, or other action, error, or omission of the company; and (2) the factual basis for each claim. Further requires a third-party expert affidavit attesting that the damages exceed the applicable insurance coverage. Requires a court or arbitration tribunal to dismiss the action for failure to file the affidavits. Makes an order granting or denying a motion to dismiss immediately appealable as an interlocutory appeal or grounds to file an application to a court to review the order of the arbitration tribunal. Provides that the transportation network company may not be held vicariously liable if the company did not commit a state or federal crime and has fulfilled its obligations with respect to the company driver under Chapter 2402, Occupations Code. Sent to Governor on 5/18.

HB 2308 by Ashby (R-Lufkin): Amends Chapter 251, Agriculture Code, to further limit nuisance actions against agricultural operations to require the claimant to prove each element of the action by clear and convincing evidence. Expands the limits to any action to restrain an agricultural operation. Expands the definition of “agricultural operation” to include hay and other forages and raising or keeping livestock or poultry for purposes of veterinary services. Eliminates the exception giving a municipality authority to enforce state law. Expands the liability of a person who brings an improper nuisance action against an agricultural operator to include any damages found by the trier of fact (already allows recovery of costs and attorney’s fees). Eliminates local government authority to regulate the construction of an agricultural improvement. Adds to the definition of “agricultural land” any land on which agricultural operations exist or may take place, regardless of the land’s qualification for appraisal as agricultural land. Adds to the definition of “agricultural improvement” an arena, implements used for management functions, and equipment necessary to carry out agricultural operations. Effective 9/1/23.

HB 2636 by Murr (R-Junction): Adds Chapter 75B, CPRC, to limit the liability of a recreational vehicle park or campground for personal injury, death, or property damage of a participant in park or campground activities if the park posts a warning sign as prescribed by the statute. Does not limit liability if the park or campground’s negligence evidences disregard for the participant’s safety, the park or campground had actual knowledge of or reasonably should have known of a dangerous condition on the land, facilities, or equipment of the park or campground, failed to train or improperly trained an employee involved in the activity, or acted intentionally. Sent to Governor on 5/24.

SB 58 by Zaffirini (D-Laredo)/HB 2336 by Thimesch (R-Carrolton): Adds Chapter 328, Business and Commerce Code, to prohibit the sale or use of any technology, device, or software in the sale of a good on an Internet website that: (1) functions as a bypass in the purchasing process; (2) disguises the identity of the purchaser; (3) permits the purchase of a quantity of goods exceeding the maximum number that may be sold to one purchaser as specified by the seller or operator on the website; (4) allows for the unauthorized access to or identification of gift card information; or (5) circumvents a security measure, access control system, or other control, authorization, or measure in the purchasing process. Enforcement by the attorney general, who may recover court costs, attorney’s fees, and investigation fees. Effective 9/1/23.

HB 618 by Darby (R-San Angelo)/SB 502 by Hughes (R-Tyler): Amends § 123.003, Natural Resources Code, to expand tort immunity for a producer of drill cuttings if: (1) the producer has a legal or contractual right to transfer the drill cuttings to an unaffiliated third-party permit holder in an arm’s length transaction, (2) the method and location of the use or disposal are not prohibited by law, contract, or other written agreement, and (3) the consequence was caused solely by the permit holder. Expands the definition of permit holder to include a commercial oil and gas waste disposal facility. Effective immediately.

SB 694 by Hughes (R-Tyler): Adds § 84.0067, CPRC, to confer immunity from liability to a religious organization or security personnel of a religious organization for death, damage, or injury if the personnel was acting in the course and scope of employment or volunteer duties or functions to provide security services. Sent to Governor on 5/29.

SB 815 by Springer (R-Muenster)/HB 73 by Murr (R-Junction): Amends § 75.006, CPRC, to provide immunity from liability for a landowner or lessee for damages arising from an occurrence involving livestock, whether or not on the property, due to an act or omission of a trespasser or a third party who damages a fence on the property, or due to wildlife, an act of God, or another cause beyond the control of the landowner or lessee. Extends the same immunity to the owner, lessee, or occupant of agricultural land for any damage or injury arising from the actions of a trespasser, a third party, or wildlife, an act of God, or circumstances beyond the control of the owner, lessee, or occupant. Further provides immunity from liability for damages arising from the action of an individual who enters or causes another person to enter the agricultural land without the permission of the owner, lessee, or occupant because of the actions of a trespasser, a third party, or wildlife, an act of God, or circumstances beyond the control of the owner, lessee, or occupant. HB 73 sent to Governor on 5/24.

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HEALTH CARE LIABILITY

HB 49 by Klick (R-Fort Worth): Makes certain information related to an investigation of a hospital or licensed mental hospital by the Health and Human Services Commission subject to the Open Records Act (Ch. 552, Government Code). These include notices of violations, the number of investigations of the hospital, the pleadings in an administrative proceeding to impose a penalty on a hospital, the outcome of the investigation, and the commission’s investigative report or order addressing the alleged violations. Requires the commission to post the information on its website not later than the 90^TH day after it issues its final decision, investigative report, or order. Effective 9/1/23.

HB 112 by Howard (D-Austin)/SB 240 by Campbell (R-San Antonio): Requires hospitals, nursing facilities, ambulatory surgical centers, freestanding emergency medical facilities, and other health care facilities to establish a workplace violence prevention committee and develop a plan to prevent workplace violence. Following an incident of workplace violence, requires a facility to provide immediate services, including necessary acute care treatment. Bars a facility from discriminating against a person who in good faith reports an incident of workplace violence. Gives enforcement authority to the appropriate licensing authority. Effective 9/1/23.

HB 1791 by Y. Davis (D-Dallas)/SB 2171 by Alvarado: Amends §74.351(r)(5), CPRC, to add a chiropractor or physician to the definition of “expert” for the purpose of giving opinion testimony about the causal relationship between the injury, harm, or damages claimed and the alleged departure from the standard of care for a chiropractor. Adds §74.403(c-1), CPRC, to permit a chiropractor to give opinion testimony in a health care liability claim against a chiropractor. Effective 9/1/23.

HB 3162 by Klick (R-Fort Worth)/SB 1724 by Springer: Adds § 160.0045, Health and Safety Code, to grant immunity from civil liability to a physician or health care provider acting under the direction of the physician for conducting a tracheostomy or percutaneous gastrostomy for purposes of the transfer of a patient to another physician who is willing to comply with the patient’s advance directive. Makes numerous changes with respect to the review process involving advance directives. Sent to Governor on 5/24.

SB 490 by Hughes (R-Tyler)/HB 1973 by Harris (R-Round Rock): Requires a health care provider to provide an itemized billing statement if the provider requests payment from a patient for a health care service or related supply. Prohibits a provider from pursuing debt collection if the provider did not provide the itemized statement. Effective 9/1/23.

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EMPLOYMENT LAW

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CONSTRUCTION LAW/FREEDOM OF CONTRACT

HB 679 by K. Bell (R-Forney): Adds § 272.003, Business and Commerce Code, to make voidable an offer to contract that requires a person to have a specified experience modifier in order to accept the offer, as well as a contract solicitation that requires a person to have a specified experience modifier in order to submit a response to the solicitation. Applies only to a contract awarded by a governmental entity or contracts for public work. Sent to Governor on 5/24.

HB 2022 by Leach (R-Plano)/SB 873 by King (R-Weatherford): Makes several changes to Chapter 27, Property Code (residential construction liability). Provides that a contractor is liable only to the extent a defective condition proximately causes actual physical damage to the residence, an actual failure or lack of capability of a building component to perform its intended function or purpose, or a verifiable an imminent danger to the safety of the occupants of the residence. Provides that a contractor is not liable for damages caused by the failure of a person other than the contractor to timely notify the contractor of a construction defect. Provides that a contractor is not liable for normal cracking or shrinkage cracking. Provides that to maintain a breach of a warranty of habitability, a claimant must establish that a construction defect was latent existed in the residence on the date the residence was completed or title was conveyed to the original purchaser and the defect has rendered the residence unsuitable for its intended use as a home uninhabitable. Requires the claimant to act with reasonable diligence after discovery and investigation of the defect to send pre-suit notice to the contractor. Allows the contractor up to three inspections during the 35-day right to cure period. Allows a contractor to make a written offer of settlement not later than the 60^TH day after receiving notice of a claim. Extends the time for completion of repairs from 45 to 60 days. Provides that a court or arbitration tribunal may award attorney’s fees to a contractor if the action is abated because the claimant failed to send the pre-suit notice or did not permit an inspection. Limits recoverable damages only to economic damages listed in the statute, but adds reasonable and necessary arbitration filing fees and the claimant’s share of arbitration compensation. Authorizes the court or arbitration tribunal to order that an offer of settlement by the contractor made after the applicable deadline is timely if the claimant failed to provide required written notice, failed to provide the contractor with evidence of the defect, or amended a claim to add a new alleged defect (or under circumstances beyond the contractor’s control). Provides that limitations applies the same to an arbitration proceeding as to a filing in court. Amends § 27.006 to prove that the construction defect existed at the time of construction, alteration, or repaid. Repeals § 27.004(f) (limitations does not apply if the contractor fails to make a reasonable settlement offer), § 27.004(l), § 27.0042(b), and § 27.007(c). Sent to Governor on 5/24.

HB 2024 by Leach (R-Plano)/SB 939 by King (R-Weatherford): Amends § 16.008, CPRC, to require a person to bring a claim arising out of the design, planning, or inspection or a new residence, an alteration of or repair or addition to an existing residence, or an appurtenance to a residence against a registered or licensed architect, engineer, interior designer, or landscape architect no later than 8 years after the substantial completion of the improvement or the beginning of operation of the equipment in an action arising out of a defective or unsafe condition of the real property, the improvement, or the equipment. Amends § 16.009, CPRC, to establish a 10-year an 8-year limitations period in a similar action against a person who constructs or repairs the improvement. Establishes a 6-year 5-year limitations period if the defendant is a contractor who has provided a written warranty for the residence. Provides that a written warranty must provide a minimum period of one year for workmanship and materials, two years for plumbing, electrical, and HVAC, and six five years for major structural components. Sent to Governor on 5/27.

HB 2584 by Paul (R-Houston)/SB 1766 by Creighton: Voids a provision in a contract for appraisal services between a governmental agency and a provider of appraisal services that requires the provider to defend the governmental agency or to indemnify the agency for the agency’s sole or concurrent negligence. Effective 9/1/23.

HB 2879 by Oliverson (R-Cypress): Adds § 15.021, CPRC, to provide that a venue provision in a contract for an improvement to real property that requires an action involving a contractor, subcontractor, or materialman who is a Texas resident to be brought outside the state is void as a matter of public policy. Provides that if a venue provision is void and the parties do not stipulate as to venue after a dispute arises, an action arising out of the contract shall be brought in the county in which the defendant resides, the cause of action accrued, or the property that is the subject of the litigation is located. Sent to Governor on 5/26.

HB 2965 by Vasut (R-Angleton)/SB 1336 by Creighton (R-Conroe): Amends § 2272.002(b), Government Code, to remove the exception to the applicability of Chapter 2272’s report and right to cure provisions to civil works projects. Adds an exception for a contract entered into by a river authority. Bars waiver of Chapter 2272. HB 2965 sent to Governor on 5/26.

HB 3156 by Leach (R-Allen)/SB 2179 by LaMantia (D-Brownsville): Adds § 97.003, CPRC, to provide that a professional entity or officer or employee of such entity that provides services as a consultant or subconsultant of TXDOT to monitor and inspect the progress of work on a transportation or maintenance project performed by a private contractor and report to TXDOT on the contractor’s compliance is not liable to a claimant for personal injury, property damage, or death arising from an action performed in the course and scope of the entity’s consulting duties. Applies only to monitoring and inspection services, not design or construction. HB 3156 sent to Governor on 5/26.

HB 3485 by Bell (R-Forney): Adds § 2251.0521, Government Code, to permit a contractor or subcontractor not to proceed with additional work directed by a governmental entity if the contractor or subcontractor has not received a written, fully executed change order and the aggregate actual or anticipated value of the additional work plus any previous additional work for which the contractor or subcontractor has not received an executed change order exceeds 10% of the original contract amount. Holds harmless the contractor or subcontractor who elects not to proceed. Adds § 28.0091, Property Code, to make the same change for owner-directed additional work. Sent to Governor on 5/24.

HB 3499 by Guillen (R-Rio Grande City)/SB 1900 by Birdwell (R-Granbury): Adds § 5.0051, Property Code, to bar a foreign terrorist organization from purchasing or otherwise acquiring title to real property in Texas. SB 1900 sent to Governor on 5/29.

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PROCEDURE/DISCOVERY/PRIVILEGES

HB 422 by VanDeaver (R-New Boston)/SB 1992 by Perry (R-Lubbock): Allows a juvenile court to conduct remote proceedings without the consent of the parties. Authorizes the court to conduct a detention proceeding remotely without consent of the parties. HB 422 sent to Governor on 5/30.

HB 616 by Vasut (R-Angleton): Requires at least one hour of the 20 hours of required continuing education for court clerks to concern the proper selection of grand and petit juries. Sent to Governor on 5/22.

HB 1255 by Smithee (R-Amarillo): Adds § 16.073, CPRC, to provide that a party may not assert a claim in an arbitration proceeding that the party could not assert in court because the applicable limitations period had expired. Allows a party to assert such a claim if the party brough suit for the claim in court before the expiration of limitations, or the parties either agreed to arbitrate the claim or the court ordered the parties to arbitrate the claim. Effective immediately.

HB 1561 by Smithee (R-Amarillo)/SB 1603 by Hughes (R-Tyler): Amends § 51.014, CPRC, to require a court of appeals to state the specific reason for declining to accept a permissive appeal. Provides that the supreme court may review a court’s decision not to accept the appeal under an abuse of discretion standard. Effective 9/1/23.

HB 2007 by Martinez (D-Weslaco)/SB 2488 by Parker (R-Flower Mound): Amends § 150.002, CPRC, to provide that a third-party plaintiff that is a design-builder or design-build firm is not required to file a certificate of merit in connection with a third-party claim or cross-claim against a licensed or registered professional if the action or arbitration proceeding arises out of a design-build project in which a governmental entity contracts with a single entity to provide both design and construction services for a building or facility, a civil works project, or a highway project. HB 2007 sent to Governor on 5/22.

HB 3929 by Cook (R-Mansfield): Repeals § 20.002, CPRC (testimony required by a foreign jurisdiction), effective September 1, 2025. Authorizes SCOTX to adopt the Uniform Interstate Depositions and Discovery Act as rules of civil procedure. Provides that if SCOTX does not adopt the Act before September 1, 2025, current law remains in effect. Sent to Governor on 5/26.

HB 4381 by DeAyala (R-Houston): Adds § 52.007, CPRC, to direct the trial court, upon a showing that posting security in the larger amount required by § 52.006 would require the judgment debtor to substantially liquidate the debtor’s interests in real or personal property necessary to the normal course of the debtor’s business, to allow the debtor to post alternative security. Permits the debtor, pending appeal, to continue to manage, use, and receive earnings from interests in real or personal property in the normal course of business. Provides that if an appellate court reduces the amount of the judgment that the trial court used to set security, the judgment debtor is entitled, pending appeal of the judgment to a court of last resort, to a redetermination of the amount of security. Applies to a judgment debtor with a net worth of less than $10 million. Sent to Governor on 5/22.

SB 380 by Zaffirini (D-Laredo)/HB 3544 by Moody (D-El Paso): Provides that a party to a court proceeding who files a statement of inability to pay court costs is not required to provide an interpreter at the party’s expense or pay costs associated with the services of an interpreter appointed by the court, unless the statement has been contested and the court has ordered that party to pay costs. Effective immediately.

SB 1602 by Hughes (R-Tyler)/HB 3751 by Cain (R-Houston): Adds Chapter 143A, CPRC, to provide that venue for an action involving censorship by social media platforms shall be brought and maintained in Texas courts and that Texas law applies. Effective 9/1/23.

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INSURANCE

HB 998 by Paul (R-Houston)/SB 741 by Middleton (R-Galveston): Amends § 2211.051, Insurance Code, to authorize the commissioner of insurance to include in a Fair Access to Insurance Requirements Plan property owners’ association insurance if the commissioner determines that such insurance is not reasonably available in the voluntary market to a substantial number of insurable risks. Adds § 2211.1515, Insurance Code, to require TWIA to make property owners’ association insurance to an applicant in an underserved area up to 10 miles beyond TWIA’s designated catastrophe area, if the applicant has made diligent effort (evidenced by two declinations) but has been unable to secure insurance in the voluntary market. Makes conforming changes in other sections. Effective 9/1/23.

HB 1074 by Hull (R-Houston): Amends § 1806.002, Insurance Code, to authorize an insurer or insurer’s agent to offer or give an insured or applicant, for free or at a discounted price in a manner that is not unfairly discriminatory to insureds or applicants of the same class and of essentially the same hazard, services or other offerings not specified in the insurance policy that relate to loss control of the risks covered under the policy. Clarifies that various non-discrimination provisions in Chapter 1806 do not permit an unfair method of competition or a false, misleading, or deceptive act or practice under the DTPA. Requires the cost to the insurer or insurer’s agent of offering the product or service to be reasonable in comparison to that customer’s premiums or insurance coverage for the policy class. Prohibits the insurer or insurer’s agent from providing to another person any data obtained from the customer in connection with the product or service, except for loss control of risks covered under the policy. Sent to Governor on 5/22.

HB 1337 by Hull (R-Houston)/SB 452 by Menendez (D-San Antonio): Prohibits a health benefit plan from requiring step therapy before providing coverage of an FDA-approved prescription drug for treating serious mental illness. Allows a step therapy protocol to require a trial of a generic or pharmaceutical equivalent of a prescribed prescription drug only once in a plan year and if the equivalent drug is added to the plan’s drug formulary. HB 1337 sent to Governor on 5/26.

HB 1527 by Oliverson (R-Cypress)/SB 1981 by Zaffirini (D-Laredo): Prohibits an employee benefit plan or health insurance policy provider from recovering an overpayment from a dentist unless it follows certain procedures and gives the dentist the opportunity to object within a specified time. Prohibits a plan or policy from allowing the insurer to deny payment for a covered service and from barring the dentist from balance billing. Limits the ability of a plan or policy provider to grant third-party access to a provider network and allows a dentist to opt out of participating in third party access to the network. Sent to Governor on 5/26.

HB 1592 by Oliverson (R-Cypress)/SB 1306 by Hancock: Allows the plan sponsor of an ERISA employer health benefit plan to elect to apply the balance billing and out-of-network provider dispute resolution requirements of Chapter 1275, Insurance Code, to the plan for the relevant plan year. HB 1592 sent to Governor on 5/26.

HB 1696 by Buckley (R-Lampasas): Establishes any willing provider requirements for managed health plans, including vision benefit plan issuers and administrators, that contract with optometrists, therapeutic optometrists, and ophthalmologists. Sent to Governor on 5/26.

HB 1706 by Perez (D-Houston)/SB 1574 by Schwertner (R-Georgetown): Bars an insurance policy from prohibiting an insured to contract with a public adjuster. HB 1706 sent to Governor on 5/18.

HB 1861 by Guillen (R-Rio Grande City)/HB 1900 by Smithee (R-Amarillo): Amends § 551.105, Insurance Code, to extend the prior written notice requirement for nonrenewal of a property and casualty policy from 30 to 60 days. HB 1900 sent to Governor on 5/24.

HB 1902 by Smithee (R-Amarillo)/SB 1003 by Johnson (D-Dallas): Requires health benefit plan issuers to include in their directories of facility-based physicians updated information regarding all providers and their specialties. Effective 9/1/23.

HB 2065 by E. Thompson (R-Pearland): Amends § 551.1053, Insurance Code, which requires an insurer to give the insured written notice of nonrenewal if the insured fails or refuses to cooperate with an insurer in the investigation, settlement, or defense of a claim, to limit the application of the provision to a third-party claim. Sent to Governor on 5/24.

HB 3311 by Lozano (R-Kingsville): Eliminates § 2210.102(f), Insurance Code, which requires TWIA member insurers to nominate a slate of nominees to fill a vacancy in one of the three positions reserved for them on the TWIA board. Sent to Governor on 5/24.

SB 796 by Middleton (R-Galveston)/HB 5144 by Johnson (D-Houston): Requires a surplus lines insurance contract that contains an arbitration agreement to provide that the arbitration will be conducted in Texas and governed by the laws for Texas. Provides further that the insurance contract will be interpreted in accordance with Texas law. Sent to Governor on 5/29.

SB 622 by Parker (R-Flower Mound)/HB 1754 by Smithee (R-Amarillo): Requires a health benefit plan issuer that covers prescription drugs and uses a drug formulary to disclose the formulary and up-to-date cost sharing information (as well as other information) to the enrollee or the enrollee’s prescribing provider upon request. Prohibits the issuer from delaying a response to a request, restricting communication between the provider and patient about the cash price of the drug, or interfere with or discourage access to the information (i.e., charging a fee or penalizing a provider for requesting the information.) Effective 9/1/23.

SB 833 by King (R-Weatherford)/ HB 1239 by Oliverson (R-Cypress)//: Prohibits an insurer from considering a customer’s ESG score or consideration of diversity, equity, and inclusion factors, unless the insurer’s actions are based on an ordinary insurance purpose, including the use of sound actuarial underwriting principles or financial solvency considerations. Provides that an insurer is not required to file rates for any line, type of insurer, or type of insurance business that is not specifically required by statute. Provides that the chapter does not require any insurer to write any line or type of business the insurer does not write or a material change in the insurer’s current business plans. Provides that the chapter creates no private cause of action or independent basis for a civil or criminal proceeding, including any type of cause of action based on disparate impact in the field of insurance or in this chapter. Provides that nothing in this chapter is intended to prohibit the use of relevant information related to the risk being insured even if that information is used to develop an ESG score. Prohibits TDI from requiring an insurer to conduct a disparate impact analysis unless specifically required by statute and from adopting a rule requiring an insurer to use ESG factors. Sent to Governor on 5/29.

SB 989 by Huffman (R-Houston)/HB 3188 by Bonnen (R-Friendswood): Requires a health benefit plan to cover biomarker testing for the purpose of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s disease or condition to guide treatment when the test is supported by medical and scientific evidence. Effective 9/1/23.

SB 1576 by Schwertner (R-Georgetown)/HB 999 by Price (R-Amarillo): Requires a health benefit plan issuer or PBM to apply any third-party payment, financial assistance, discount product voucher, or other reduction in out-of-pocket expenses for an enrollee for a prescription drug to the enrollee’s deductible, copayment, cost-sharing responsibility, or out-of-pocket maximum. Applies to a drug for which a generic equivalent does not exist or a generic equivalent does exist but the enrollee has obtained access under the plan using prior authorization, step therapy protocol, or the issuer’s exceptions and appeals process. Also applies if an interchangeable biological product does not exist or it does exist but the enrollee has obtained access under the plan using prior authorization, step therapy protocol, or the issuer’s exceptions and appeals process. Sent to Governor on 5/25.

Worker’s Compensation

HB 90 by Patterson (R-Frisco)/SB 155 by Huffman (R-Houston): Amends Chapter 401, Labor Code, to entitle members of the Texas military forces to the same benefits under the workers’ compensation system as first responders. Sent to Governor on 5/26.

HB 471 by Patterson (R-Frisco): Requires a municipality or county to provide to a firefighter, police officer, or EMS personnel a fully paid leave of absence for an illness or injury related to the person’s line of duty for a period commensurate with the nature of the injury or illness and, if necessary, for at least one year up to one year. If after a year the person’s leave is not extended or the person’s salary falls below 60% of the person’s regular monthly salary, and the person is a member of a retirement system with pension disability benefits, the person becomes eligible to receive pension disability retirement benefits until return to duty. Provides that a first responder temporarily disabled by an injury or illness not related to the person’s line of duty may use accumulated sick leave, vacation time, and other accrued benefits before the person may be placed on temporary leave or may have another first responder do the person’s job while the person is disabled. Allows a return to light duty for at least one year following a temporary disability and requires reinstatement to the same rank and seniority as the person had before the temporary disability. Amends § 415.021(c-2), Labor Code, to direct the commissioner, in determining whether to assess an administrative penalty against an insurance carrier for failure to provide notice, whether the employee or a person residing with the employee promptly and accurately responded to the carrier’s inquiry regarding the use of cigarettes, e-cigarettes, or tobacco products by the employee or person residing with the employee. Further amends Chapter 408, Labor Code, to add the following to the conditions for which lifetime income benefits are paid to an injured employee: (1) permanent major neurocognitive disorder or psychotic disorder; (2) third degree burns the majority of both feet, one hand and one foot, one hand or one foot and the face; or (3) a serious bodily injury sustained by the employee in the course and scope of the person’s employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work. Amends §607.052(b), Government Code, to except from the presumption that certain diseases are occupational for first responders the responder’s or person regularly residing with the first responder the responder’s spouse’s use of tobacco product regularly in the seven an average of four or more times per week during any six-month period in the five years preceding the diagnosis of the disease or illness. Amends §607.056, Government Code, to expand the presumption that a heart attack or stroke suffered by a first responder during the course and scope of employment to no longer require the stressful or strenuous physical activity to be “nonroutine” (including a training exercise) or the heart attack or stroke to have occurred while the first responder were engaging in the stressful activity (now must be no later than 8 24 hours after the end of a shift in which the first responder engaged in the activity). Requires future collective bargaining agreements to incorporate these changes. HB 471 sent to Governor on 5/26.

HB 2314 by Canales (D-Edinburg): Amends § 408.182(d-2), Labor Code, to allow a parent to file a claim for death benefits directly with the insurance carrier. Amends § 409.007, Labor Code, to provide that if a person files a death benefits claim with an insurance carrier, the carrier must at the time of receiving the claim create and maintain a record documenting receipt of the claim and provide written notice to the division that the person filed the claim. Sent to Governor on 5/24.

HB 2468 by Burrows (R-Lubbock)/SB 1033 by Perry (R-Lubbock): Amends § 408.161(a), Labor Code, to add to the list of conditions for which lifetime income benefits are paid: a permanent major neurocognitive disorder or psychotic disorder; third degree burns on both feet, one hand and one foot, or one hand or one foot and the face; or a serious bodily injury sustained by the employee in the course and scope of employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work. Provides for an acceleration of a contested case hearing for a first responder. Requires an employee receiving LIBs to annually certify to the carrier that the employee was not employed in any capacity in the preceding year. Allows the carrier to suspend LIBs if the employee fails to certify or the employee is employed, absent good cause. Sent to Governor on 5/22.

HB 3335 by Canales (D-Edinburg): Amends § 401.206, Labor Code, relating to considering travel to an emergency call as within the course and scope of employment for emergency response personnel. Adds peace officers to the list of personnel and includes travel from the emergency call in the course and scope. Sent to Governor on 5/30.

HB 4859 by Shine (R-Temple)/SB 2269 by Perry (R-Lubbock): Winds down the Texas self-insurance group guaranty fund and trust fund under the Texas Workers’ Compensation Act. Sent to Governor on 5/23.

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EMINENT DOMAIN

SB 1481 by Creighton (R-Conroe): Gives the Facilities Commission the power of eminent domain for purposes of acquiring real property for the construction of a border wall. Placed on Senate Intent on 5/19.

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CIVIL RIGHTS

HB 567 by Bowers (D-Dallas)/SB 1356 by Miles (D-Houston): Prohibits a student dress or grooming policy adopted by a school district or institution of higher education from discriminating against a hair texture or protective hair style commonly or historically associated with race. Prohibits an employer, labor union, or employment agency from doing the same. Prohibits a seller or lessor of residential real property from doing the same. Effective 9/1/23.

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COURT RECORDS, FILING FEES, COSTS

SB 569 by Springer (R-Muenster)/HB 2331 by Stucky (R-Wichita Falls): Amends § 22/004. CPRC, to authorize a municipality to impose a fee for the production or certification of a record under a subpoena, request for production, or other instrument related to a matter in which the municipality is not a party. Effective 9/1/23.

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JUDICIAL MATTERS, ADMINISTRATION

HB 19 by Murr (R-Junction)/SB 27 by Hughes (R-Tyler):

As amended on the House floor, the jurisdiction of the business court was narrowed and broken down into two tiers:

Tier 1 gives the business court concurrent jurisdiction with district courts in the following actions in which the amount in controversy exceeds $5 million:

a derivative proceeding;
an action regarding the governance, governing documents, or internal affairs of an organization;
an action in which a claim under state or federal securities or trade regulation law is asserted against an organization, a controlling person or managerial official of an organization for an act or omission by the organization or by the person in the person’s capacity as a controlling person or managerial official, an underwriter of securities issued by the organization, or an auditor of an organization;
an action by an organization against an owner, controlling person, or managerial official of the organization, if the action is brought against an owner, controlling, or managerial official of the organization and alleges an act or omission by the person in the person’s capacity as an owner, controlling person, or managerial official of the organization;
an action alleging that an owner, controlling person, or managerial official breached a duty owed to an organization or an owner of an organization by reason of the person’s status as an owner, controlling person, or managerial official, including the breach of a duty of loyalty or good faith;
an action seeking to hold an owner or governing person of an organization liable for an obligation of the organization, other than on account of a written contract signed by the person to be held liable in a capacity other than as an owner or governing person; and
an action arising out of the Business Organizations Code.

Tier 2 gives the business court concurrent jurisdiction with district courts in the following actions in which the amount in controversy exceeds $10 million:

an action arising out of a qualified transaction;
an action arising out of a contract or transaction agreed in the contract or a subsequent agreement that the business court has jurisdiction of the action; and
an action arising out of a violation of the Finance Code or Business & Commerce Code by an organization or an officer or governing person acting on behalf of an organization other than a bank, credit union, or savings and loan association.

The business court has concurrent jurisdiction with district courts in Chapter 37, CPRC, dec actions involving a dispute based on a claim within the court’s jurisdiction, as outlined above.
The business court has supplemental jurisdiction over any other claim related to a case or controversy within the court’s jurisdiction that “forms part of the same case or controversy,” but a supplemental claim can only proceed in the business court with the agreement of the parties and the business court judge. If the parties do not agree, the other claim will proceed in the court of original jurisdiction concurrently with the claim proceeding in the business court.
1. Unless the claim is within the supplemental jurisdiction of the business court and the parties agree to proceed with the claim in the business court, the following claims are not within the jurisdiction of the court:
2. a civil action brought by or against a governmental entity or to foreclose a lien on real or personal property;
3. a claim arising out of Subchapter E, Chapter 15, and Chapter 17, Business & Commerce Code (covenants not to compete and DTPA);
4. a claim arising out of the Estates Code;
5. a claim arising out of the Family Code;
6. a claim arising out of the Insurance Code; and
7. a claim arising out of Chapter 53 and Title 9, Property Code (mechanic’s liens and Texas Trust Code);
8. a claim arising out of the production or sale of a farm product;
9. a claim related to the duties and obligations under an insurance policy;
10. a claim related to a consumer transaction, as defined by § 601.001, Business & Commerce Code (consumer right to cancel certain transactions), to which the consumer is a party, arising out of a violation of state or federal law.
The business court does not have jurisdiction of a claim under Chapter 74, CPRC (health care liability), a personal injury claim, or a claim for legal malpractice.
The business court is composed of 11 divisions corresponding with the 11 administrative judicial regions. The bill was amended to specify the establishment of each division, but some divisions will sunset on September 1, 2026, unless reauthorized by the legislature and funded through additional legislative appropriations. The following divisions are subject to the sunset provision:

The Second Business Court Division (East Texas, based in Conroe);
The Fifth Business Court Division (Corpus Christi and the Rio Grande Valley);
The Sixth Business Court Division (Hill Country and southwest Texas);
The Seventh Business Court Division (West Texas);
The Ninth Business Court Division (Panhandle); andThe Tenth Business Court Division (Northeast Texas).

The amendments changed the venue provision to the require the business court to assign the action to a county of proper venue located in that division. The amendment permits contractual venue.
The amendments further provide that the business court may not transfer an action if there is not an operating division of the court that includes an action of proper venue. In that event, the party who filed the action has the option to transfer the action to a district court or county court at law in a county of proper venue (this provision will presumably become operative if the Legislature does not reauthorize the six divisions that sunset after next session).
Similarly, the amendments provide that a party may not remove to a business court an action filed in a district court or county court at law in a county of proper venue that is not within an operating division of the court.
The amendments allow the parties to file an agreed notice of removal to the business court at any time during the pendency of the action. If the parties do not agree, a notice of removal must be filed not later than 30 days after the party requesting removal discovered or reasonably should have discovered facts establishing the business court’s jurisdiction over the action, or not later than 30 days after the date a pending application for temporary injunction is granted, denied, or denied as a matter of law.
The amendment clarifies that a hearing must be held on the transfer request.
The amendments strike the provision that a law professor is qualified to serve as a business court judge.
The amendments direct the governor to appoint two judges to each of the First (Dallas), Third (Austin), Fourth (San Antonio), and Eleventh (Houston) Divisions, and one judge to each of the remaining divisions. Senate confirmation is required. Judges serve two-year terms and may be reappointed.
The amendment bars a business court judge from requiring a party or attorney to remotely attend a court proceeding in which oral testimony is heard, absent good cause or agreement of the parties. It further prohibits an attorney, party, or juror to attend a jury trial remotely without the parties’ consent.

The bill further:

gives the proposed statewide 15^th Court of Appeals exclusive jurisdiction over appeals;
requires a business court judge to be at least 35 years of age, a U.S citizens, a Texas resident for two years preceding appointment, a Texas licensed attorney with at least 10 years of experience in Texas in practicing complex business litigation or business transaction law, teaching complex business litigation or business transaction law at an accredited Texas law school, or serving as a judge of a Texas civil court (or any combination of the above);
provides a salary equal to the sum of a district judge’s salary and the maximum amount of county contributions and supplements allowed by law to be paid to a district judge;
provides for filling vacancies, compensation, and removal;
bars a business court judge from private practice while in office;
provides for the appointment of visiting judges by the chief justice of the supreme court;

provides that a party has a right to a jury trial where required by the constitution in the county in which venue is proper under § 15.002, CPRC, or, if the case was removed to the business court, in the county in which the case was originally filed;
requires a jury trial in a case filed initially in business court to be held in any county of proper venue under § 15.002, as chosen by the plaintiff;
allows the parties to agree to hold a jury trial in another county;
requires written opinions unless the court has a well-developed body of law on the issue, is applying its own precedent, or another opinion on the issue will not significantly contribute to the development of the law;
provides for the central administration of the business court in Travis County, with judges maintaining chambers in the county seat of their county of residence
allows judges to hold court at any location in the state, as the court determines is necessary or convenient;
allows parties to appear by remote proceedings;
authorizes the business court to set filing fees;
authorizes rulemaking;
sets January 1, 2024 2025 as the commencement date for the court.

HB 19 sent to Governor on 5/30.

HB 103 by Murr (R-Junction)/SB 2491 by Sparks (R-Midland): Allows a county judge to appoint a person who served as an active judge for at least 96 months in a constitutional county court or a licensed attorney who served at least 48 months in a constitutional county court to sit in docketed matters before the court if the judge is absent or incapacitated. Sent to Governor on 5/24.

HB 367 by Jetton (R-Richmond): Allows the Judicial Conduct Commission to accept complaints, conduct investigations, and take any other action with respect to a candidate for judicial office (subject to Chapter 253, Election Code) in the same manner as a judge. Effective 9/1/23.

HB 841 by Ordaz (D-El Paso): Requires the Office of Court Administration to include case-level information on the amount and character of the business transacted by courts in its judicial statistics and other information about the courts. Sent to Governor on 5/22.

SB 372 by Huffman (R-Houston)/HB 1741 by Leach (R-Plano): Creates a criminal offense (Class A misdemeanor) if a person knowingly discloses the contents of any non-public judicial work product to a person who is not a justice, judge, court staff attorney, court clerk, law clerk, or other court staff routinely involved in crafting an opinion or decision for an adjudicatory proceeding. Provides a defense from prosecution if the disclosure is authorized in writing by the judge or justice for whom the work product is prepared or under supreme court rules. Sent to Governor on 5/23.

SB 1045 by Huffman (R-Houston)/HB 3166 by Murr (R-Junction): Establishes the 15^TH Court of Appeals district composed of all counties in the state based in Austin and consisting of a chief justice and four justices. Provides that for the first three years after the court’s creation, the court will consist of a chief justice and two justices. Gives the court exclusive jurisdiction over matters brought by or against the state or state agency and employees thereof except for: (1) a proceeding brought under the Family Code; (2) certain proceedings under the Code of Criminal Procedure; (3) a proceeding brought against a district or county attorney with criminal jurisdiction; (4) a proceeding relating to a mental health commitment; (5) a proceeding relating to civil asset forfeiture; (6) a condemnation proceeding; (7) a proceeding brought under Chapter 125, CPRC, to enjoin a common nuisance; (8) a proceeding under Chapter 55, Code of Criminal Procedure (expunction); (9) a proceeding under Chapter 22A, Government Code (3-judge district court); (10) a proceeding under Subchapter E-1, Chapter 411, Government Code; (11) a proceeding under Chapter 21, Labor Code (unfair employment practices); (12) a removal action under Chapter 87, Local Government Code; (14) a proceeding under Chapter 841, Health and Safety Code (sexually violent predators); (15) an action under Chapter 101, CPRC (Tort Claims Act); and (16) a claim for personal injury or wrongful death. Further gives the court exclusive jurisdiction over matters in which a party to the proceeding challenges the constitutionality or validity of a state statute or rule and the attorney general is a party and any other matter as provided by law. Provides that the supreme court may not transfer cases out of the 15^TH Court of Appeals for docket equalization purposes or transfer cases to that court if it does not have exclusive jurisdiction. Attaches administration of the court to the Office of Court Administration. Requires OCA to report annually on the number and types of cases decided by the court. Sent to Governor on 5/23.

SB 1245 by Huffman (R-Houston)/HB 3367 by Bonnen (R-Friendswood): Allows judicial retiree to rejoin the system if the retiree resumes judicial service and has been separated from judicial service for at least one year. Makes prospective changes to the Judicial Retirement System Plan Two to allow judges who took office after September 1, 2024, and who were not already members of the system to apply for a cash balance annuity based on certain age and service requirements. Sent to Governor on 5/25.

SB 1259 by Creighton (R-Conroe)/HB 2381 by Vasut (R-Angleton): Amends § 92.0563, Property Code, to raise the amount of a judgment that may be awarded by a justice court, including an order for repair of residential real property, from $10,000 to $20,000. Effective 9/1/23.

SB 1462 by Hughes (R-Tyler)/HB 3474 by Leach (R-Allen): The omnibus court bill. The bill:

Adds § 22.3015, Government Code, to entitle an appellate justice to traveling and other necessary expenses when engaged in the discharge of official duties in a county other than the justice’s residence.
Amends § 24.553, Government Code, to give the 411^th District Court concurrent jurisdiction in Polk County with the county court over all misdemeanor cases.
Amends § 24.591, Government Code, to allow a district court in Kendall County to sit outside the county seat in a suitable facility designated by the commissioners court.
Adds § 24.600201, Government Code, to create the 477^th Judicial District composed of Denton County.
Amends § 24.60030, Government Code, to give the 485^th District Court concurrent original jurisdiction with the county criminal courts in Tarrant County over misdemeanor cases.
Adds §§ 24.60031, 24.60032, and 24.60033, Government Code, to create the 486^th Judicial District in Harris County. Provides that the court will give preference to criminal cases. Creates the 487^th Judicial District in Harris County. Creates the 488^th Judicial District in Harris County, with preference for criminal cases.
Adds § 24.60038, Government Code, to create the 493^rd Judicial District composed of Collin County, with preference for civil cases.
Adds § 24.60039, Government Code, to create the 494^th Judicial District composed of Collin County, with preference for family law matters.
Adds §§ 24.60040, 24.60041, and 24.60042, Government Code, to create the 495^th Judicial District composed of Harris County, with preference for criminal cases; the 496^th Judicial District composed of Harris County, with preference for criminal cases; and the 497^th Judicial District composed of Harris County, with preference for criminal cases.
Adds § 24.60043, Government Code, to create the 498^th Judicial District composed of Kendall County. Grants concurrent jurisdiction with the other Kendall County district courts in all civil and criminal matters over which the county court has original or appellate jurisdiction.
Adds § 24.6009, Government Code, to create the 465^th Judicial District composed of Bastrop County.
Adds § 60095, Government Code, to create the 472^nd Judicial District composed of Bastrop County, with primary responsibility for civil matters, family law matters, and juvenile matters.
Adds § 72.039, Government Code, to require the Office of Court Administration, at least once every two years, to conduct a district court caseload analysis. Requires the analysis to concentrate on the weighted caseload of the district courts in the 30 most populous counties in the state, considering the nature and complexity of cases heard by each court. Requires the analysis to contain disaggregated data for each county showing the number of cases filed in each court in each of the five preceding years, the clearance rate for those years, the number of estimated FTE judicial officers in the prior year, and other information OCA deems relevant.
Amends § 659.012(b), Government Code, to make full-time associate judges of district courts, district attorneys, criminal district attorneys, or county attorneys the same base salary as appellate judges and justices that have accrued four years of contributions to JRS at the 110% tier and eight years of contributions at the 120% tier.
Amends § 25.0005, Government Code, to give statutory county court judges service credit for prior service as district attorneys, criminal district attorneys, or county attorneys.
Amends § 25.0023(a), Government Code, to require the commissioners court, when setting the salary of a statutory county court judge, to add prior service as a district attorney, criminal district attorney, or county attorney.
Amends § 25.0062, Government Code, to expand the concurrent jurisdiction of a county court at law in Aransas County to include civil cases in which the matter in controversy exceeds $250,000.
Amends § 25.0171, Government Code, to create a third probate court in Bexar County.
Amends § 25.0331, Government Code, to convert Cameron County County Court-at-Law No. 4 into a statutory probate court.
Amends § 25.0592, Government Code, to exclude a county court-at-law in Dallas County only from following the same trial rules as apply to district courts in matters of concurrent jurisdiction, not the other requirements of the statute.
Amends § 25.0732, Government Code, to designate the County Criminal Court at Law No. 2 of El Paso County to conduct the DWI Drug Court.
Amends § 25.0932, Government Code, to give a Grayson County court-at-law concurrent jurisdiction with district courts in family law cases and proceedings.
Amends § 25.1031(c), Government Code, to add a probate court in Harris County.
Amends § 25.1572, Government Code, to give a McLennan County court at law concurrent jurisdiction with district courts in state jail, second degree felony cases, and family law cases on assignment from a district judge presiding in McLennan County and accepted by the judge of the county court at law. Also adds jurisdiction in Class A and B misdemeanor cases, probate proceedings, eminent domain, appeals from justice and municipal courts, and disputes ancillary to probate, eminent domain, condemnation, landlord-tenant disputes, adjudication and determination of land titles and trusts, whether testamentary, inter vivos, constructive, resulting, or any other class or type of trust, regardless of the amount in controversy or remedy sought.
Amends § 25.1721, Government Code, to create a statutory probate court in Montgomery County. Gives the court concurrent jurisdiction with the district court in disputes relating to the creation of a constructive trust, actions in which the only relief sought is an injunction, declaratory judgment actions, actions to appoint a receiver, and eminent domain proceedings.
Amends § 25.1892, Government Code, to expand the jurisdiction of a county court at law in Polk County to include felony cases to conduct arraignments and pre-trial hearings and to accept guilty pleas.
Amends § 25.2223, Government Code, to give a county criminal court in Tarrant County concurrent original jurisdiction of criminal cases with a district court other than felony cases involving capital murder.
Amends § 25.2291, Government Code, to create a second probate court in Travis County.
Amends § 25.2293, Government Code, to give the new Travis County probate court primary responsibility for mental health matters.
Amends § 25.2391, Government Code, to create a second Waller County court at law.
Adds § 25.2491, Government Code, to create a statutory county court in Wilson County.
Amends § 25.2607, Government Code, to compensate the administrative county of a multicounty statutory county court with an amount equal to 100% of the state salary paid to a district judge with comparable years of service as a multicounty statutory county court judge, including prior years of service as a judge or justice of an appellate, district, statutory county, or statutory probate court or a district attorney, criminal district attorney, or county attorney.
Adds §§ 25.2703 and 25.2702, Government Code, to create a second multicounty statutory county court in Bee, Live Oak, and McMullen Counties, with concurrent jurisdiction with the district court in civil cases with an amount in controversy of between $500 and $250,000.
Amends § 49.05(b), Code of Criminal Procedure, to allow a JP to conduct an inquest by videoconference with an individual who is designated by the JP and present with the body for a death.
Amends § 26.315, Government Code, to expand the jurisdiction of the Stephens County court to include original jurisdiction concurrent with justice courts in all civil matters.
Amends § 92.0563(e), Property Code, to raise the cap on an award by a justice court under this section, including an order of repair, from $10,000 to $20,000.
Amends Art. 2.09, Code of Criminal Procedure, to authorize magistrates appointed by the judges of the district courts and statutory county courts in Denton County and in Grayson County. Further amends Art. 4.01 to make a conforming change.
Amends § 54.2001(b), Government Code, to allow the judges of the district and statutory county courts in Guadalupe County to appoint magistrates by majority vote instead of unanimously.
Adds Subchapter RR, Chapter 54, Government Code, regarding the administration and appointment of magistrates in Grayson County. Further adds Subchapter SS for Denton County magistrates.
Amends § 201.005, Family Code, to permit a court to refer to an associate judge an action under Chapters 35 or 35A, Family Code (temporary authorization for care of a minor child or inpatient mental health services), Subchapter A, Chapter 7B, Code of Criminal Procedure (protective orders for victims of sexual assault or abuse, indecent assault, stalking, or trafficking), or Chapter 24A, Property Code (access to residence or former residence to retrieve personal property).
Adds § 54A.219, Government Code, to regulate the appointment of visiting associate judges.
Adds Chapter 54B, Government Code, to provide for the appointment of full-time or part-time associate judges in Duval County.
Amends § 602.007, Government Code, to add to require a retired or former judge on the list of visiting judges to take the constitutional oath for judicial officers and appointees.
Amends § 41.013, Government Code, to add a monthly amount of longevity pay to the state salary of a district or criminal district attorney.
Amends § 45.315, Government Code, to direct the Stephens County attorney to represent the state in all criminal cases before the Stephens County court.
Amends § 46.003, Government Code, to add a monthly amount of longevity pay to the annual salary for state prosecuting attorneys.
Amends § 61.001(a), Government Code, to increase juror pay from $6 to $20 for the first day of service and from $40 to not less than $58 for each day thereafter.
Amends § 61.0015(a), Government Code, to require the state to reimburse a county $14 a day for the first day of juror service and $52 for any days thereafter.
Amends § 61.001, Government Code, to remove from the jury wheel non-citizens and non-residents exempts from jury service.
Amends § 62.0131, Government Code, to add new information to the model jury summons.
Amends § 62.106(a), Government Code, to raise the maximum age for exemption from jury service from over 70 to over 75.
Adds § 62.115, Government Code, to require the clerk of the court to maintain a list of the name and address of each person who is disqualified from jury service because of a conviction for misdemeanor theft or a felony. Requires permanent disqualification, unless the person was placed on deferred adjudication and ultimately dismissed and discharged, was placed on community supervision and the period was terminated early, or was pardoned and had the person’s civil rights restored.
Amends § 52.041, Government Code, to allow the judges of two or more courts of record that are not located in the same judicial district to jointly appoint an official court reporter, provided that each court is located in a county of 125,000 or less. Further allows the joint appointment of a certified shorthand reporter. Establishes compensation levels and reimbursement of certain expenses.
Amends § 154.105, Government Code, to allow a certified shorthand reporter to administer oaths to witnesses without being in the same locations as the witnesses.
Amends § 154.112, Government Code, to authorize imposition of a civil penalty against an uncertified person who delivers an affidavit to the parties or to their counsel before the deposition begins stating that a certified shorthand reporter is not available who fails to file an affidavit with the court. Further authorizes injunctive relief. Enforceable by the attorney general, a county or district attorney, or the commission’s legal counsel. Authorizes recovery of attorney’s fees, expenses, and costs.
Amends § 21.001, CPRC, to specify that that a deposition “on written questions” of a witness outside the state but in the United States may be taken in other state by a clerk of a court of record, commissioner of deeds, or notary public. Makes same change to taking a deposition on written questions of a witness outside the United States or a member of the US Armed Forces outside the United States.
Amends § 30.012, CPRC, to provide that witness testimony at trial in a district or statutory county court may be conducted by electronic means only if the witness if deposed before trial (current law does not specify the courts). Provides that this requirement may not be waived if any party objects.
Amends § 57.002, Government Code, to provide that a party who files a statement of inability to afford payment of court costs is not required to provide an interpreter at the party’s expense or pay the costs associated with the services of an interpreter, unless the statement has been contested and the court has ordered the party to pay costs.
Amends § 33.105, Estates Code, governing the transmission of a file in a probate proceeding to a county of proper venue, to require the use of the electronic filing system. Makes similar changes for transfers between family courts and statutory county courts or county courts.
Amends § 602.002, Government Code, to authorize retired JPs to administer oaths made in Texas.
Adds §51.018, CPRC, to allow a party that files a notice of appeal to file an appendix that replaces the clerk’s record for the appeal. Requires the party to notify the court of appeals that it will file an appendix not later than the 10^th day after the notice of appeal is filed. Requires the appendix to be filed with the party’s appellant brief. Requires the brief and appendix to be filed not later than the 30^th day after the later of: (1) the date the party provided notice to the court of appeals; or (2) the date that a reporter’s record, if any, is filed with the court of appeals (except by order of the court or in an expedited proceeding). Requires the appendix to contain a file-stamped copy of each document required by Rule 34.5, TRAP, for civil actions and any other item the appellant refers to in its brief. Does not allow the appendix to include any document not filed with the trial court, absent agreement of the parties. Provides that the appendix becomes part of the appellate record and does not allow the appellate clerk to charge a fee for a clerk’s record if the appendix if filed.
Amends § 80.002, Government Code, to authorize a statutory county court, district court, or appellate court to deliver through the electronic filing system to all parties in each case in which the use of electronic filing is required or authorized all court orders the court enters for the case.
Adds § 30.0035, CPRC, to prohibit a person from serving citation or other civil process in person on a member, officer, or employee of the senate or house during any legislative proceeding. Requires a court to quash any service made in violation and directs the supreme court to revoke the certification of a process server who commits a violation.

HB 3474 sent to Governor on 5/30.

SB 2106 by Zaffirini (D-Laredo): Amends § 152.203, Government Code, to authorize SCOTX to adopt rules on an applicant’s ineligibility for renewing a certification, registration, or licensing by the Judicial Branch Certification Commission, including for failure to comply with commission orders or timely pay fees or administrative penalties. Amends § 153.004, Government Code, to require the commission to determine the severity of an administrative penalty based upon enumerated factors. Sent to Governor on 5/23.

SB 2275 by Hughes (R-Tyler): Repeals § 22.004(c), Government Code, which requires SCOTX to file with the secretary of state, at the time the court files a rule, a list of each article or section of general law or each part of an article or section that is repealed or modified in any way. Sent to Governor on 5/23.

SB 2292 by Zaffirini (D-Laredo): Raises the personal bond required of a judge presiding in the court over guardianship proceedings to $500,000. Sent to Governor on 5/29.

SJR 40 by Hinojosa (D-Edinburg)/HJR 107 by Price: Amends § 1-a(1), Article V, Texas Constitution, to raise the mandatory retirement age for judges from 75 to 79. Election date 11/7/23.

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JURY MATTERS

HB 2015 by Leach (R-Allen): Amends § 62.106(a), Government Code, to raise the minimum age for a jury exemption from 70 to 75. Effective 9/1/23.

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ATTORNEY’S FEES

HB 4142 by Thompson (R-Pearland): Mandates an award of attorney’s fees to a prevailing party in an action to enforce a motor vehicle mortgagee’s lien. Sent to Governor on 5/24.

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PRACTICE OF LAW

HB 1915 by Hefner (R-Mt. Pleasant)/SB 604 by King (R-Weatherford): Amends § 954.001, Occupations Code, to define “land services” provided by certified landmen for purposes of the exception to the unauthorized practice of law. Specifies the services performed by landmen to negotiating conveyances, exploration agreements, real property research to ascertain ownership, reviewing the status of title, curing title defects, doing due diligence, managing rights or obligations derived from ownership of interests, or using or pooling mineral interests or rights. Effective 5/24/23.

HB 5010 by Schofield (R-Katy)/SB 2462 by Hall (R-Edgewood): Amends § 81.073, Government Code, to require the SBOT chief disciplinary officer to classify complaints based on whether the complaint is submitted by a person who has cognizable individual interest in or connection to the legal matter or facts alleged in the grievance. Allows an attorney against whom the complaint is filed to appeal the classification of the grievance. Sent to Governor on 5/26.

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PROBATE MATTERS

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ADMINISTRATIVE PROCEDURES

HB 981 by Lopez (D-San Antonio)/SB 813 by Miles (D-Houston): Amends § 7.060, Water Code, to require TCEQ to send notice of a penalty to the state representative and senator representing the location where the violation occurred. Amends § 7.075(a), Water Code, to require TCEQ to send notice of a proposed administrative order or agreement to settle an enforcement action to the state representative and senator representing the location where the violation occurred. Sent to Governor on 5/29.

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