In 2017, Colten Carney was struck and killed by a motorist while walking to work in Royse City, Texas. Carney’s body was tested for the presence of drugs and alcohol, but the motorist involved in the accident was not. Currently, Texas law leaves it up to the individual law enforcement officer to decided whether or not to conduct a blood alcohol test on a motorist when they hit a pedestrian.

HB558 seeks to amend Section 724.012 of the Texas Transportation Code to state that a peace officer shall require the taking of a specimen of the person’s blood if:

1. The officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft;
2. The person refuses the officer’s request to submit to the taking of a specimen voluntarily;
3. The person was the operator of a motor vehicle or a watercraft involved in an accident that the officer reasonably believes occurred as a result of the offense; and
4. At the time of the arrest, the officer reasonably believes that as a direct result of the accident any individual has died, will die, or has suffered serious bodily injury.

Now passed, this law will take effect on 09/01/2021.

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Lisa Torry Smith was hit and killed by a vehicle in October 2017 while walking in a crosswalk with her 6-year-old son. The driver responsible for the incident was cited with failure to yield, but was never charged. Two years later, the district attorney’s office presented evidence to a grand jury asking that they charge the accused driver with criminally negligent homicide. The grand jury declined to indict the defendant.

The Lisa Torry Smith Act (HB2081 & SB1055) seeks to provide greater protection for pedestrians by amending Subchapter I, Chapter 545 of Texas’ Transportation Code to add a section on “motor vehicle accidents involving pedestrians or other vulnerable road used within an area of crosswalk.”

If passed, the bills would make it a Class A misdemeanor to cause bodily injury to a pedestrian or a person operating a bicycle, motor-assisted scooter, electronic personal assistive mobility device, neighborhood electric vehicle, or golf cart while negligently operating a motor vehicle within the area of a crosswalk. The offense would be upgraded to a state jail felony if the victim suffered “serious bodily injury.”

Now passed, this law will take effect on 09/01/2021.

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HB113 would amend Texas’ Business & Commerce Code to allow for peer-to-peer car sharing programs (a business platform that connects owners with drivers to enable vehicle sharing for financial consideration) to operate within the State of Texas.

The bill seeks to establish basic guidelines, outline responsibilities, insurance requirements, record retention policies, and more.

Now passed, this law will take effect on 09/01/2021, but will not affect the enforceability of any provision in an insurance policy delivered, issued for delivery, or renewed before 01/01/2022.

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In 2017, Texas passed a law banning drivers from “electronic messaging” via a portable wireless communication device (i.e., a phone) while operating a motor vehicle. This law notably only applies to drivers “reading, writing, or sending electronic messages,” and does not address various other actions like browsing the internet, entering an address into Google Maps, scrolling through a music playlist, etc.

SB42, if passed, would seek to expand on this law by banning all hand-held mobile phone usage while driving (except when necessary to contact emergency services). Drivers would still be permitted to use dedicated GPS devices, dash cams, and (if 18 or older) hands-free communication devices.

While the existing law still permits motorists to read, write, and sending electronic messages while their vehicle is stopped, SB42 also clarifies this section by adding “stopped outside a lane of travel.”

This bill seeks to disallow cities, counties and municipalities from enforcing more-restrictive laws or regulations relating to the use of wireless communication devices (i.e., phones) while operating a motor vehicle. Many cities in Texas currently have hands-free ordinances on the books, but if passed, HB86 would effectively make these local laws unenforceable.

HB1837 & SB2141 both seek to amend Chapter 2 of Texas’ Code of Criminal Procedure in order address (and prevent) “motorcycle profiling” by law enforcement officers.

If passed, these bills would prohibit law enforcement officers from initiating actions (e.g., traffic stops) based, in whole or in part, on an individual operating a motorcycle or wearing motorcycle-related or motorcycle club-related paraphernalia—rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity.

The bills further state that officers who violate this law may face civil actions (lawsuits) brought by the defendant in order to recover damages arising from said profiling (including attorney’s fees and litigation costs), as well as injunctions against future violations of this law. A peace officer may not assert official immunity as a defense to liability, and the officer’s governmental unit would also be liable to such a suit under the doctrine of respondeat superior.

If passed, both HB795 & HB1946 would allow municipalities and/or counties in Texas to name portions of a roadway containing high numbers of traffic fatalities as “highway safety corridors.” Like construction zones, traffic offenses occurring in a designated highway safety corridor would result in fines being doubled.

If passed, HB2452 would amend Chapter 2 of Texas’ Code of Criminal Procedure in order to require each law enforcement agency in the state to “adopt a policy prohibiting a peace officer of the agency from making a motor vehicle stop on the shoulder of a controlled access highway.”

HB442, if passed, would effectively lower the prima facie speed limit of any residential street in Texas (located within in a municipality and not officially designated or marked as part of the state highway system) from 30 miles per hour down to 25 miles per hour.

HB3877 seeks to lower the prima facie speed limit of any urban district street in Texas city with a population greater than 950,000 to 25 miles per hour on a street other than an alley, and 15 miles per hour in an alley.

HB934 seeks to modify Section 551.352 of the Texas Transportation Code in order to add additional restrictions on operating motor-assisted scooters within the state of Texas. If passed, the bill would:

• Restrict anyone from riding a motorized scooter (gas or electric) on a roadway unless the posted speed limit is 30 mph or less (currently the limit is 35 mph or less).
• Restrict motorized scooter usage to bicycle lanes, if and when available.
• Allow motorized scooters to be ridden on sidewalks.
• Limit motorized scooters to one rider at a time.
• Set a maximum speed of 15 mph for standing scooters (or 20 mph for seated scooters).
• Require motorized scooter riders to yield the right of way to pedestrians.

The bill also seeks to allow counties and municipalities to further restrict the speed at which a person may operate a motor-assisted scooter, the locations a person may operate a motor-assisted scooter, locations a person may park a scooter, a minimum age requirement, higher civil and criminal penalties for traffic law violations, as well as the requirement that riders wear a safety helmet.

HB554 & SB1290 both seek to add a section to the Texas Transportation Code outlining rules for motor vehicles when passing pedestrians or bicycle operators on a roadway. If passed, the bills would:

• Establish a “safe distance” of at least three (3) feet when passing pedestrians/cyclists in a car or light truck, and six (6) feet for operators of large trucks and commercial vehicles.
• Require that motor vehicles move to another lane (if available) to pass bicycle riders on a roadway.
• HB554 would also allow motorists to cross over to the left of pavement striping within a designed no-passing zone in order to safely pass a pedestrian or cyclist.

While it’s true that the Texas Transportation Code already requires drivers to “yield the right of way” to pedestrians lawfully using a crosswalk (marked or unmarked). HB443 seeks to require drivers to not only yield, but to “stop and yield the right of way.”

Texas’ current “Move Over / Slow Down” law states that motorists who are approaching a stationary emergency vehicle, tow truck, or highway maintenance/construction vehicle must vacate the lane closest to the vehicle if the road has two or more lanes, or to slow down to 20 mph less than the posted speed limit.

If passed, HB555 seeks to expand on this law by applying it to additional types of stationary vehicles adjacent to a highway, such as utility service vehicles and vehicles used exclusively to transport municipal solid waste or recyclable material.

If passed, HB1131 seeks to add additional restrictions on certain insurance practices related to the repair of a motor vehicle following an accident and/or property damage claim. The bill would amend Chapter 1952 of the Texas Insurance Code to (among other things) restrict insurers and adjusters from:

• Requiring that a vehicle be repaired with a part or product on the basis that it’s the least expensive part or product available.
• Requiring that a part or product be purchased from any vendor or supplier on the basis that the part or product is the least expensive part or product available.
• Intimidating, coercing, or threatening a beneficiary or claimant to induce them to use a particular repair person or facility.
• Offering an incentive or inducement (other than a warranty issued by a repair person or facility) for the beneficiary or claimant to use a particular repair person or facility.
• Offering, communicating, or suggesting in any manner that a particular repair person or facility will provide faster repair times, faster service, or more efficient claims handling than another repair person or facility.
• Disregarding a repair operation or cost identified by an estimating system, including the system’s procedural pages and any repair, process, or procedure recommended by the original equipment manufacturer of a part or product.

HB1119 seeks to amend Chapter 601 of the Texas Transportation Code to establish the “Texas Uninsured Vehicle Enforcement Program,” which would use automatic license plate reader systems to help law enforcement agencies identify uninsured motor vehicles.

This would include the installation of automatic license plate reader systems on “appropriate infrastructure” owned by this state or a political subdivision of this state (including traffic signals, highway signs, bridges, and overpasses). The program would collect captured plate data, and permit peace officers to issue citations for failing to maintain financial responsibility.

HB502, HB1199 & HB1274 all seek to allow motor vehicle owners in Texas to display a license plate only on the rear of a motor vehicle.

If passed, HB502 would amend Section 504.010 of the Texas Transportation Code to authorize the department to collect a fee of $50 per year from drivers who do not wish to display a front license plate on their registered vehicle. The bill would also require that these vehicles display a distinctive insignia (issued by the department) on the windshield for validation of that authorization. The annual $50 fee will be deposited into the state highway fund.

HB1199 & HB1274, if passed, would also amend Section 504.010 of the Texas Transportation Code to state that “a person is entitled to operate on a public highway a passenger car or light truck that displays only one license plate if the plate is attached at the rear of the vehicle,” and that “the department shall issue only one license plate for attachment at the rear of a passenger car or light truck for which the plate is issued.”

While many people don’t know this, digital license plates are already allowed under Texas law—just not for passenger vehicles. Digital license plates are currently only allowed if the vehicle is part of a commercial fleet or owned by a government entity.

If passed, HB1105 would amend Section 504.010 of the Texas Transportation Code to remove these restrictions, effectively opening up this option to all motor vehicles registered in Texas.

HB2367, on the other hand, seeks to amend Section 504.002 of the Texas Transportation Code to state that “the department shall allow a vehicle registered under Chapter 502 to be equipped with a license plate that utilizes integrated circuit technology.”

Many drivers are frustrated with the increasing number of toll-funded highway projects in the state, as well as the fact that our state’s oldest toll roads still collect fees from drivers even though the road has long since been “paid off.”

Each of the bills listed above seek to change this by amending Chapter 372 of the Texas Transportation Code. If passed, the bill would add language requiring tolls to be removed once the costs of acquisition and construction of the project have been paid. The bill would also disallow toll project entities from amending financial (or other) agreements in a manner that would extend said payoff date.

Under HB1117, once a toll road is paid off, the road would become part of the state highway system and must be maintained by the commission (or shall continue to be maintained by the entity operating the project if certain criteria is not met).

Texas currently has a “memorial sign program” allowing loved ones to publicly memorialize victims of alcohol or controlled substance-related car accidents through the erection of a roadside memorial sign. These signs read “Please Don’t Drink and Drive” followed by “In Memory Of” and the name(s) of the victim(s). If approved, the sign may remain posted for a period of two (2) years.

HB1574, if passed, seeks to amend Section 201.909 of the Texas Transportation Code to extend the period in which these signs may be posted from two (2) years to ten (10) years.

If passed, HB2540 seeks to amend Section 547.605(c) of Texas’ Transportation Code to state that the owner or operator of a passenger car or light truck manufactured after 1967 may not modify the exhaust system (or a part of the system) in a manner that the owner or operator “knows or should know will amplify or increase the noise emitted by the motor of the vehicle above that emitted by the muffler originally installed on the vehicle.”

Similarly, HB3918 seeks to require that all motor vehicle mufflers not emit a sound of more than 95 decibels, measured 20 inches from the tailpipe, while the vehicle is operating in neutral between 3,000 and 5,000 RPM.

The majority of motor vehicle collisions are caused by acts of negligence. Characterizing collisions as “accidents” can send the wrong message, as (by definition) the word may imply that a collision was the fault of nobody in particular.

If passed, HB3325 & SB1945 both seek to amend several sections of Texas’ Transportation Code (as well as portions of Texas’ Business & Commerce Code, Code of Criminal Procedure, Penal Code, Education Code, Family Code, Government Code, Insurance Code, and Occupations Code) in order to replace the word “accident” (when used to describe a motor vehicle collision) with the word “crash.”

SB1737 seeks to amend Section 544.007 of Texas’ Transportation Code in order to allow cyclists and motorcyclists to proceed through a traffic-actuated red light if the traffic-control signal fails to register the motorcycle or bicycle. The operator of the bicycle or motorcycle must come to a full and complete stop at the intersection, exercise due care as provided law, and may only proceed through the intersection when it is safe to do so.

HB3990 seeks to address non-signaled intersections in the state which commonly lead to right-angle (T-bone) crashes. If passed, the bill would require law enforcement officers who investigate a right-angle collision at an uncontrolled intersection to file a written report with the Texas Department of Transportation. If, during any 12-month period, TxDOT receives 10 or more of these reports for a single intersection, they shall perform a traffic study of that location and take actions determined reasonable and necessary to improve safety at the location.

HB19 seeks to amend Chapter 72 of Texas’ Civil Practice and Remedies Code in order to shift liability away from transportation companies and onto individual drivers when it comes to 18-wheeler truck accident claims or lawsuits.

Texas law currently allows for truck accident victims to pursue damages against both the commercial truck driver as well as the transportation company who hired the driver—if it can be shown that their negligence (e.g., lax vetting of hired drivers, pushing drivers past their hours-of-service limits, failure to maintain their fleet, etc.) likely played a role in the crash.

HB19 would effectively give trucking companies room to sidestep important safety precautions that demonstrably reduce the likelihood of a preventable crash, and instead shift the blame solely onto their drivers. The bill not only seeks to set limitations on the amount of damages plaintiffs can seek following a serious 18-wheeler accident, but would also put limitations on what information can be admitted as evidence.

Now passed, this law will take effect on 09/01/2021.

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Hospitals often place liens on claims where a victim receives medical services for injuries caused by an accident that’s attributed to the negligence of another person. Currently, such hospital liens may not exceed:

1. The amount of the hospital’s charges for services provided to the injured individual during the first 100 days of the injured individual’s hospitalization; or
2. 50 percent of all amounts recovered by the injured individual through a cause of action, judgment, or settlement.

If passed, HB2064 would also add that such hospital liens may not exceed “the amount awarded by the trier of fact for the services provided to the injured individual by the hospital, less the pro rata share of attorney’s fees and expenses the injured individual incurred in pursuing the claim.”

Now passed, this law takes effect immediately.

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HB1071 seeks to allow any party to an action filed in a court in this state to petition the court to authorize a “qualified facility dog” or “qualified therapy animal” to be present with a witness who is testifying before the court. The court may authorize this only if the presence of the dog or animal will “assist the witness in providing testimony,” the party petitioning for the order provides proof of liability insurance coverage in effect for the dog or animal, and the party petitions the court no later than the 14th day before the date of the court proceeding.

A handler who is trained to manage the qualified facility dog or qualified therapy animal must accompany the dog or animal at a court proceeding, and courts may impose additional restrictions during the court proceeding.

Now passed, this law will take effect on 09/01/2021.

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If passed, SB41 seeks to increase the filing fee for civil lawsuits filed in county court, statutory county court, county court at law, probate court, statutory probate court, or district court in Texas. This fee (which increases to $50 in some cases) does not apply to a suit filed by any governmental entity or to a suit for delinquent taxes.

Now passed, this law will take effect on 01/01/2022.

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Auto insurance companies will often contact car accident victims within hours of an accident claim being filed in order to offer them a quick (lowball) settlement offer. Often referred to as “swoop and settle” tactics, the objective is to get the victim to agree to settle their claim before they’re even able to see a doctor or get an estimate on repair costs. If the victim simply says “yes” to any such settlement, under Texas law, they’ve legally settled their claim. Even if their damages later turn out to be much higher than they initially thought, the insurance company is no longer obligated to pay any additional compensation.

HB1793 seeks to amend Title 10 of Texas’ Insurance Code in order to prohibit auto insurance companies from obtaining “oral releases” for claims arising out of property damage or an injury for which an insurer may be liable under an automobile insurance policy. If passed, any and all insurance claim release agreements made in exchange for money or other consideration will no longer be enforceable unless the contract is in writing.

If enacted, HB552 would modify Section 601.072(a-1)(3) of the Texas Transportation Code to specify that any diminution of value (diminished value) as the result of a crash must be included when assessing the property damage portion of a motor vehicle accident claim.

Both SB207 & HB1617 seek to amend Section 41.0105 of the Texas Civil Practice and Remedies Code to provide additional limits on recovering economic damages (e.g., medical expenses) in civil cases. If passed, the bills would allow defendants to introduce evidence of the “reasonableness” of the amount charged for medical or health care services provided to the plaintiff, including:

• The amount actually paid for the medical or health care services.
• The amount billed by the medical or health care provider.
• The amount paid, the amount that would have been paid, or the amount likely to be paid for the medical or health care services by a health benefit plan, workers’ compensation insurance, an employer-provided plan, Medicaid, Medicare, or another similar source available.
• The average amount typically paid or allowed by health benefit plan issuers or governmental payers at or near the time the medical or health care services were provided.
• The average of the amounts actually accepted for payment in the previous 12 months by the medical or health care provider for the same services.

If passed, HB903 seeks to amend the Texas Civil Practice and Remedies Code in order to allow a person with legal custody of a minor to settle a civil claim on the child’s behalf (as long as the settlement is $25,000 or less) without the need to appoint a guardian ad litem.

The person entering into the settlement agreement on behalf of the minor must complete an affidavit or verified statement that attests that to the best of the person’s knowledge, the minor will be fully compensated by the settlement, or that there is no practical way to obtain additional amounts from the party entering into the settlement agreement with the minor.

If the minor or the person entering into the settlement agreement on behalf of the minor is represented by an attorney (and the money payable under the settlement agreement is paid in cash) the payment must be made by direct deposit into the attorney’s trust account maintained under the Texas Disciplinary Rules of Professional Conduct to be held for the benefit of the minor.

If the minor or the person entering into the settlement agreement on behalf of the minor is not represented by an attorney (and the money payable under the settlement agreement is paid in cash) the payment must be made directly into a federally insured savings account that earns interest and is in the sole name of the minor.

The money placed in a minor’s savings account, trust account, or trust subaccount may not be withdrawn, removed, paid out, or transferred to any person, including the minor, except pursuant to a court order, on the minor’s 18th birthday, or upon the minor’s death.

If passed, HB476 seeks to expand the use of the “fund for veterans’ assistance” to allow the Texas Veterans Commission to make grants to provide pro bono legal services to veterans, active duty members of the United States armed forces, and members of the state military forces.

Under current Texas law, in order for an accident victim to recover compensation through their uninsured or under-insured auto insurance policy, there must first be a judgment or other legal determination establishing the other motorist’s liability or the extent of the insured’s damages.

If passed, both HB359 & SB1935 seek to amend Subchapter C, Chapter 1952 of Texas’ Insurance Code in order to remove this prerequisite.

In Texas’ last legislative session two years ago, lawmakers passed a bill into law which increased the maximum amount of money that one can recover in small claims court (called “justice court” in Texas) from $10,000 to $20,000. If passed, SB419 seeks to again increase this limit from $20,000 to $50,000.

HB205, if passed, seeks to modify Chapter 2151 of the Texas Occupations Code in order to require that amusement ride operators be trained in the proper use and operation of the ride, and to be at least 16 years of age. This bill also seeks to disallow ride operators from simultaneously operating more than one amusement ride at a time.

Normally in a motor vehicle accident, if a passenger files a “Personal Injury Protection” (PIP) claim against the owner/operator of a vehicle they were riding in, the insurance company is entitled to an offset/credit/deduction equal to the amount they paid out.

HB804 seeks to amend this law so that the insurer is only entitled to an offset/credit/deduction if and when they have paid out the full amount of the applicable liability policy limits.

In September of 2003, Texas passed a law which substantially limited the amount of compensation that medical malpractice victims can seek from a physician or health care provider in civil court. Since this time, the noneconomic damages portion of a victim’s claim have been limited to an amount not to exceed $250,000—regardless of whether or not the plaintiff was awarded more in court.

HB501 seeks to adjust these arbitrary caps equal to any increase or decrease in the consumer price index—which measures the average changes in prices of goods and services purchased by urban wage earners—since September of 2003. If passed, HB501 would effectively raise the caps on noneconomic damages from $250,000 to upwards of $350,000.

If you’re involved in an auto accident, under current Texas law, the other driver’s insurance company has no obligation to disclose the limits of their insured’s applicable liability policy (the total amount of money available to compensate a victim). The only way to compel an insurance company to reveal their driver’s policy limits is by filing an actual lawsuit.

Insurance companies claim that this information is irrelevant and immaterial to a pre-suit claim, while plaintiffs lawyers argue that it can help facilitate settlement and avoid needless litigation.

HB1682, if passed, would amend Chapter 542 of Texas’ Insurance Code in order to require insurance companies to disclose their insured’s policy information to 3rd-party claimants upon written request. It would also require policyholders who receive a written request for policy information from a claimant to disclose the name of their insurance company and type of coverage provided by their insurer.

Similar to HB501 (above), HB243 seeks to adjust the amount of death benefits awarded in workers’ compensation cases equal the percentage increase (if any) in the Consumer Price Index. The commissioner shall set the rate of the adjustment no later than November 1st of each year.

Currently, employees in Texas only have 180 days to file a claim for unpaid wages with the Texas Workforce Commission. Both HB405 and SB57 seek to extend this period from 180 days to one (1) year.

Each of the three bills listed above seek to amend several sections of Texas’ Government Code (as well as the Civil Practice and Remedies Code, Family Code, Estates Code, Health and Safety Code, and Code of Criminal Procedure) in order to permit or require the attendance of a court hearing or proceeding remotely through the use of “technology and the Internet.”

Among other things, the bills (if passed) would allow a court to:

1. Conduct a hearing or other proceeding as a remote proceeding without the consent of the parties (unless the United States Constitution or Texas Constitution requires consent);
2. Allow or require a judge, party, attorney, witness, court reporter, juror, or any other individual to participate in a remote proceeding, including a deposition, hearing, trial, or other proceeding.

If passed, both SB209 & HB1980 seek to outlaw nondisclosure agreements, confidentiality agreements, or other agreements between an employer and employee which prohibit the reporting of sexual assault and sexual harassment to local or state law enforcement agencies or any state or federal regulatory agency.

HB1980 also seeks to outlaw nondisclosure and confidentiality agreements which prohibit an employee from disclosing to any person, including during any related investigation, prosecution, legal proceeding, or dispute resolution, facts surrounding any sexual assault or sexual harassment committed by an employee of the employer or at the employee’s place of employment, including the identity of the alleged offender. Strangely, the text of HB1980 states that this would not apply to “a negotiated settlement agreement or administrative action.”

SB209 also seeks to make any mandatory arbitration agreement covering disputes involving allegations of sexual assault or sexual harassment void and unenforceable.

HB390 aims to establish a human trafficking awareness and prevention training program for employees of commercial lodging establishments (i.e., hotels, motels, inns, etc). In order to meet compliance, operators of these establishments would be required to have all employees complete said training program on an annual basis.

The training program must be approved by the attorney general, and will include guidance on how to recognize and report human trafficking, how to report suspected human trafficking, and more.

Employees who make a good faith report of a suspected act of human trafficking may not be disciplined, retaliated against, or otherwise discriminated against by their employer.

Now passed, this law will take effect on 09/01/2021.

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If passed, HB1073 would require daycare centers to place video recording equipment in each area of the facility (excluding bathrooms) occupied by children who are two years of age or younger, and to record any time children who are two years of age or younger are present in the area.

These daycare facilities shall retain all recorded video required by this act for at least 30 days after the date the video is recorded.

Recorded video required by this act will be confidential, and may not be released or viewed by anyone except:

• An employee who is involved in an alleged incident.
• The parent(s) of a child who is involved in an alleged incident.
• Appropriate commission, department, or law enforcement personnel as part on an investigation related to suspected abuse, neglect, or a licensing standard violation.
• Contractor or employee performing job duties relating to the installation, operation, or maintenance of said video recording equipment.

If passed, HB1009 would modify Section 261.101 of Texas’ Family Code to provide a criminal penalty for those who fail to report child abuse resulting in a serious injury.

According to the text of the bill, a person who knows that a child has suffered a serious bodily injury caused by abuse or neglect shall immediately make a report to law enforcement and/or the appropriate licensing agency.

If a person with such knowledge knowingly fails to make a report, they’re subject to a state jail felony. If the child was under seven (7) years old and died as a result of said injury, the offense is elevated to a third degree felony.

Many states, including Texas, currently allow minors under the age of 18 to get married if they’ve received a court order “removing the disabilities of minority” (i.e., emancipation). If passed, HB1590 seeks to amend several sections of Texas’ Family Code in order to completely remove this exception.

HB1676 (known as “Cati’s Act”) seeks to amend Chapter 341 of Texas’ Health and Safety Code in order to enact additional requirements for schools and youth camps which allow children under their supervision access to a swimming pools, lakes, rivers, or other bodies of water.

If passed, schools, preschools, kindergartens, nursery schools, day camps, or youth camps must determine whether a child is able to swim or is at risk when swimming, and provide the owner or operator of the body of water a written or electronic disclosure that clearly identifies each child who is unable to swim or is at risk when swimming.

At any time in which a child who is unable to swim (or is at risk when swimming) has access to a body of water, the organization shall:

• Provide a US Coast Guard approved personal flotation device;
• Ensure the child is wearing the personal flotation device, and;
• Ensure that the device is properly fitted for the child.

HOAs (AKA “property owners’ associations”) in Texas generally have a lot of leeway when it comes to enforcing restrictive covenants. If passed, HB67 seeks to amend Chapter 202 of Texas Property Code in order to prevent HOAs from the adopting or enforcing any provisions that prohibit or restrict a property owner from installing a swimming pool enclosure that conforms to applicable state or local safety requirements.

In March of 2020, in response to the COVID-19 pandemic, Texas Governor Greg Abbott issued a waiver which permitted restaurants with a mixed beverage permit to offer beer, wine, and mixed drinks to-go with food purchases. If passed, each of the bills listed above seek to amend Chapter 28 of the Texas Alcoholic Beverage Code in order to make these changes permanent.

Governor Abbott has already signaled his backing, and the bills are expected to receive bipartisan support when they comes up for vote.

Now passed, this law will take effect on 09/01/2021.

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HB1517 & HB1518 both seek to amend Chapter 105 of Texas’ Alcoholic Beverage Code in order to allow hotel bars to extend the hours during which alcoholic beverages may be sold and consumed on premises.

If passed, HB1517 would allow licensed or permitted bars located inside a hotel to extend the hours during which alcoholic beverages may be sold and consumed during “special events” — but only upon request of the chief executive officer of a municipality.

HB1518, if passed, goes a bit further by allowing a hotel bar to “sell or offer for sale alcoholic beverages at any time to a registered guest of the hotel.”

Now passed, this law will take effect on 09/01/2021.

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Texas’ “blue laws” currently state that alcohol retailers may not sell wine or “vinous liquor” containing more than 17 percent alcohol by volume on Sundays. It also states that no person may sell, offer for sale, or deliver any liquor before 10 a.m. or after 9 p.m. on any other day.

If passed, HB937 seeks to amend Section 24.07 of the Texas Alcoholic Beverage Code in order to allow stores which hold a wine only package store permit and a retail dealer’s off-premise license to sell liquor on Sundays from 12 p.m. to 10 p.m. The bill would also allow liquor to be sold on any other day between the (expanded) hours of 9 a.m. and 10 p.m.

Texas’ blue laws also state that stores may not sell beer on Sundays between the hours of 2:00 a.m. and 12:00 p.m. HB1551, if passed, seeks to amend Section 105.04 of Texas’ Alcoholic Beverage Code in order to allow beer and wine stores (stores which hold a wine and malt beverage retailer’s permit or a wine and malt beverage retailer’s off-premise permit) to sell beer on Sundays between the hours of 10:00 a.m. and 12:00 p.m.

Both HB2232 & SB1013 seek to allow “wet” counties and cities in Texas the option to hold local elections in order to either prohibit or legalize the sale of liquor for off-premise consumption on Sundays.

If such a local option election does legalize the sale of liquor on Sundays, holders of package store permits in said area may sell, offer for sale, or deliver liquor on Sunday between the hours of 10:00 a.m. and 9:00 p.m. Holders of wholesaler’s permits may sell, offer for sale, or deliver liquor to a retailer anytime on Sunday, and holders of local distributor’s permits may sell, offer for sale, or deliver liquor to a retailer on Sunday between the hours of 5:00 a.m. and 9:00 p.m.

Texas’ “blue laws” currently state that alcohol retailers may not sell beer or wine for off-premise consumption on Sundays between the hours of 1:00 a.m. and noon. Retailers are authorized to sell beer for on-premise consumption between 10:00 a.m. and noon if the beer is served to a customer in conjunction with the service of food.

If passed, SB585 would allow alcohol retailers to sell beer and wine (containing 17% or less alcohol by volume) for off-premise consumption on Sundays between the hours of 10:00 a.m. and 12:00 p.m.

While Texas law currently permits alcohol retailers to make deliveries of alcoholic beverages to customers off premises, they cannot deliver alcohol to areas where alcohol sales are illegal (i.e., dry counties). If passed, HB1519 seeks to remove this restriction entirely.

If passed, SB757 seeks to allow holders of a distiller’s and rectifier’s permit, a brewer’s license, or a brewpub license to ship distilled spirits and/or malt beverages directly to consumers in the State of Texas. The bill also applies to distillers and brewers from out-of-state who wish to ship liquor and beer directly to consumers in Texas. Notably, the bill would permit the delivery of such beverages to consumers located in “dry” areas of the state.

If passed, SB750 seeks to prohibit operators of sexually oriented businesses (nightclubs, bars, restaurants, or similar commercial enterprises that provide for an audience of two or more individuals live nude entertainment or live nude performances) that do not hold an alcohol permit from allowing a person to:

1. Consume alcoholic beverages on the business’s premises; or
2. Bring alcoholic beverages onto or possess alcoholic beverages on the business’s premises for the purpose of consumption by the person on the premises.

Operators of these establishments (or their agents) who violate this law would be subject to a Class A misdemeanor. The penalty is raised to a state jail felony for a 2nd offense, and to a 3rd degree felony for any additional offenses.

Texas law currently prohibits the consumption of alcoholic beverages during certain hours in a public place. HB170 & SB1067 both seek to adds language to Section 105.06 of the Texas Alcoholic Beverage Code to further define a “public place” in this context.

If passed, the bills would define a “public place” as any place to which the public or a substantial group of the public has access. This includes any licensed or permitted premises (e.g., bars), as well as any street, highway, or park or a common area of a school, hospital, apartment, office building, transportation facility, shop, restaurant, or nightclub.

Section 11.179 of the Texas Education Code currently allows school districts to adopt a policy allowing the consumption, possession, and sale of alcoholic beverages at an event held at a “performing arts facility” owned by the district (if leased to a nonprofit organization for an event not sponsored or sanctioned by the district, and held outside of regular school hours).

If passed, HB808 seeks to amend Chapter 11 of the Texas Education Code to permit school districts to similarly adopt a policy allowing the sale and consumption of alcohol beverages at a “sporting or athletic event” held at a stadium or other athletic facility owned by the district—if certain additional conditions are met.

Each of the four joint resolutions above propose an amendment to the Texas constitution which states that “the legislature by law shall authorize and regulate the possession, cultivation, and sale of cannabis for medical use in this state.”

These three bills seek to amend Chapter 487 of the Texas Health and Safety Code in order to lay the legal groundwork for medical marijuana sales in Texas. Both HB94 and SB90 seek to allow the use of medical marijuana for patients with “debilitating medical conditions,” while SB250 seeks to allow the use of medical marijuana for “patients for whom a physician determines medical use is the best available treatment.”

If passed, these bills would establish rules and regulations regarding qualifying patients, a patient registry system, cannabis testing facilities, licensure of dispensing organizations, allowable amounts, taxes, fees, and more.

Texas’ Compassionate Use Act currently allows physicians in Texas to prescribe “low-THC cannabis” to patients suffering from epilepsy, a seizure disorder, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, or an incurable neurodegenerative disease.

If passed, HB43 seeks to amend Chapter 169 of Texas’ Occupations Code in order to give physicians the authority to prescribe medical cannabis (as opposed to low-THC cannabis) to patients “when a physician determines that medical cannabis is a medically necessary treatment.”

HB1982, if passed, would amend Chapter 481 of Texas’ Health and Safety Code in order to add a section on medical cannabis prescriptions, which states that medical cannabis may be dispensed to a patient only by a pharmacist licensed under Subtitle J, Title 3, Occupations Code, at a pharmacy licensed under Chapter 560, Occupations Code, under a valid prescription. The bill also seeks to amend Section 481.111 of Texas’ Health and Safety Code to exempt pharmacists, patients, and cultivators from provisions of this chapter relating to the possession, distribution and delivery of medical cannabis.

Each of the bills listed above seek to lay out the groundwork for legalizing and regulating the cultivation, manufacture, distribution, sale, testing, possession, and use of cannabis and cannabis products in Texas. If passed, they would legalize the possession of limited amounts of marijuana (2.5 ounces) for people 21 and over, while establishing the framework for a retail cannabis industry in Texas.

While these bills are similar to each other in many ways, there are key differences between each of them—including how the tax proceeds would be allocated.

If passed, SB1345 seeks to give individual counties in Texas the choice of whether or not to legalize recreational marijuana by local election. HB3248, on the other hand, seeks to allow both counties and municipalities (cities) to do so by order or local ordinance.

HB3248 & SB1345 both lay out the infrastructure for cannabis sales, the licensure of cannabis growers, retailers, testing facilities, and more. HB3248 states that adults over the age of 21 could use and possess up to 2.5 ounces of cannabis, up to 15 grams of cannabis concentrates, as well as cannabis paraphernalia. SB1345 states that adults over the age of 21 could use and possess up to 2.5 ounces of cannabis, up to 15 grams of cannabis concentrates, cannabis paraphernalia, as well as the cultivation (for personal use) of not more than 12 cannabis plants in a private residence.

According to HB3248, a 10% tax would be imposed on each sale in this state of cannabis and cannabis products.

The Texas Compassionate Use Act (first passed in 2015) already allows physicians in Texas to prescribe low-THC cannabis to patients diagnosed with “epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, or an incurable neurodegenerative disease.”

If passed, HB1233 seeks to amend Sections 169.002 and 169.003 of the Texas Occupations Code in order to remove these specific qualifying conditions. This would effectively allow physicians in Texas to prescribe low-THC cannabis to patients diagnosed with any “medical condition that produces symptoms, or the treatment of which produces symptoms, that are alleviated by medical use of low-THC cannabis.”

As mentioned previously, the Texas Compassionate Use Act currently allows physicians in Texas to prescribe low-THC cannabis only to patients diagnosed with “epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis, autism, terminal cancer, or an incurable neurodegenerative disease.”

If passed, both HB1001 and SB327 seek to amend Section 169.003 of the Texas Occupations Code to allow physicians in Texas to also prescribe low-THC cannabis to patients diagnosed with post-traumatic stress disorder (PTSD).

SB1440, on the other hand, seeks to allow physicians in the state to prescribe low-THC cannabis to veterans diagnosed with post-traumatic stress disorder (PTSD).

HB809 seeks to allow the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by patients with post-traumatic stress disorder (PTSD).

If passed, the bill seeks to amend Chapter 487 of the Texas Health and Safety Code in order to allow physicians to recommend medical cannabis use to qualified individuals, as well as establish rules and regulations regarding the licensure of dispensing organizations.

While similar to HB1001 and SB327 (which would allow PTSD patients to be prescribed low-THC cannabis), HB1109 seeks to allow veterans with PTSD to apply for a permit in order to purchase medical marijuana from a cultivating or dispensing facility in Texas.

The bill, if passed, would also set the legal groundwork for licensing cultivators and dispensaries, manufacturing practices, safety testing, and more.

Currently, Texas law states that possession of two (2) ounces or less of marijuana is a Class B misdemeanor. If passed, HB441, HB498 & SB1989 all seek to amend Section 481.121 of Texas’ Health and Safety Code to classify possession of one (1) ounce or less of marijuana as a Class C misdemeanor, and possession of more than one (1) but less than two (2) ounces of marijuana as a Class B misdemeanor.

HB585 seeks to classify possession of two (2) ounces or less of marijuana as a Class C misdemeanor (lowered from Class B), as well as lowering the charges for possession of four (4) ounces or more of marijuana from a Class A misdemeanor to a Class B misdemeanor. HB1609 goes even further by seeking to classify possession of four (4) ounces or less of marijuana as a Class C misdemeanor

Both HB99 and HB441 also seek to amend Article 14.06 of Texas’ Code of Criminal Procedure to state that an officer who is charging a person only with a Class C/B misdemeanor for possession of marijuana may not arrest the person, and shall issue the person a citation instead.

HB2588, SB950 & SB1626 on the other hand, each seek to amend Chapter 2 of Texas’ Code of Criminal Procedure by adding a section titled “Cite and Release Policy.” For HB2588, this policy would state that law enforcement agencies in the state shall adopt a written policy regarding the issuance of citations for all misdemeanor offenses, other than violent misdemeanors. For SB950 & SB1626, this policy would state that law enforcement agencies shall adopt a written policy regarding the issuance of citations for all misdemeanor offenses, other than assaultive offenses and public intoxication.

Similar to the bills above, HB616, if passed, seeks to amend Section 481.121 of Texas’ Health and Safety Code to classify possession of two (2) grams or less of marijuana as a Class C misdemeanor. Possession of more than two (2) grams and less than two (2) ounces of marijuana would still be a Class B misdemeanor.

Under current Texas law, even possession of less than 1 gram of marijuana concentrates (e.g., edibles, vape pens, etc.) is an automatic felony charge. If passed, both HB439 and SB151 seek to create a new, lower punishment range for possession and/or delivery of marijuana concentrates.

HB2718, on the other hand, seeks to reduce the penalty for possession of a single e-cigarette containing THC or a tetrahydrocannabinol derivative/analogue from a state jail felony to a Class B misdemeanor.

If passed, HB1178 seeks to amend the heading to Section 481.125 of Texas’ Health and Safety Code in order to remove all criminal penalties for the possession of drug paraphernalia under the Texas Controlled Substances Act (possession of drug paraphernalia is currently a Class C misdemeanor).

HB307 seeks to amend Section 481.111 of the Texas Health and Safety Code to expand on defenses to possession of certain consumable hemp products containing a controlled substance or marijuana.

If passed, a person does not commit an offense involving the possession of a controlled substance or marijuana if:

• The person possesses a product that purports by the product’s label to contain a consumable hemp product that is authorized under state or federal law;
• The product contains a controlled substance or marihuana, other than the substances extracted from hemp in the concentrations authorized by law; and
• The person purchased the product from a retailer the person reasonably believed was authorized to sell a consumable hemp product.

Following the tragic death of Javier Ambler, who died of heart failure in the custody of the Williamson County Sheriff’s Office during a recording of the now-canceled “Live PD” TV show last year, many people have argued that we shouldn’t allow policing to become entertainment in our community. Many have argued that reality TV shows like “Live PD” and “Cops” may encourage some law enforcement officers to use excessive force.

HB54 seeks to prohibit law enforcement departments in Texas from contracting with television crews to create reality shows. According to the bill, “Any law enforcement department that employs peace officers may not authorize a television crew to film peace officers while acting in the line of duty for the purpose of creating a reality television show.”

Now passed, this law takes effect immediately.

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HB929 (known as the “Botham Jean Act” or “Bo’s Law”) seeks to clean up ambiguous guidelines in Texas’ castle doctrine law, to clean up language regarding “mistake of fact” when used as a legal defense, as well as to standardize police body cam policy and increase police accountability and transparency with regard to body worn cameras.

If passed, the Botham Jean Act (as introduced) would:

• Require a peace officer who participates in an investigation to keep a body worn camera activated for the entirety of the investigation.
• Make it a third-degree felony to intentionally or knowingly deactivate, order the deactivation of, or cause to be deactivated a recording device being used during an investigation. Currently, there is no specific penalty for turning off a camera during an investigation.
• Address the topics of privacy, what constitute a private space, and when and under what circumstances a body camera can or should be turned off.
• Clarify that “mistake of fact” could be raised to negate the legally required mental state of mind of the person using deadly force at the instant in time they choose to use that force.
• Amend Section 9 of Texas’ Penal Code (self defense and defense of a third person) to add that deadly force may only be presumed to be reasonable if the perpetrator was also “physically present in the actor’s own habitation, vehicle, or place of business or employment at the time the deadly force was used.”

Now passed, this law will take effect on 09/01/2021.

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SB 69 seeks to amend Subchapter E, Chapter 9 of the Texas Penal Code in order to add a section regarding prohibited techniques used by law enforcement officers in Texas. The bill states that “A peace officer may not intentionally use a choke hold, carotid artery hold, or similar neck restraint in searching or arresting a person unless the restraint is necessary to prevent serious bodily injury to or the death of the officer or another person.”

The bill also states that officers have a “duty to intervene” to stop or prevent another peace officer from using force against a person suspected of committing an offense if:

1. The amount of force exceeds that which is reasonable under the circumstances; and
2. The officer knows or should know that the other officer’s use of force:
   • Violates state or federal law;
   • Puts a person at risk of bodily injury, as that term is defined by Section 1.07, Penal Code, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person; and
   • Is not required to apprehend the person suspected of committing an offense.

Finally, a peace officer who witnesses the use of excessive force by another peace officer must also promptly make a detailed report of the incident and deliver the report to their supervisor.

Now passed, this law will take effect on 09/01/2021.

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Currently, under Texas law, a district judge may issue an order for the installation and use of a mobile tracking device if an authorized peace officer submits an affidavit which states the facts and circumstances that provide “a reasonable suspicion” that criminal activity has been, is, or will be committed; and the installation and use of a mobile tracking device is likely to produce information that is material to an ongoing criminal investigation of that criminal activity.

SB 112 simply seeks to change “a reasonable suspicion” to “probable cause to believe” (a higher standard).

Now passed, this law will take effect on 09/01/2021.

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If passed, HB88 (known as the “George Floyd Act”) seeks to address qualified immunity for police officers by allowing civil lawsuits at the state level “for deprivation of rights under color of law,” require the use of de-escalation tactics, require officers to intervene if another officer is using excessive force, require officers to provide aid immediately to any person who needs medical attention (including as a result of the use of force), to further define when and why police officers can use nonlethal and lethal force, to ban chokeholds, as well as prevent arrests for misdemeanor fine-only offenses.

The bill would also require each law enforcement agency in Texas to adopt a detailed written policy regarding the use of force by peace officers employed by the agency. These policies must:

1. Emphasize conflict de-escalation and the use of force in a manner proportionate to the threat posed and to the seriousness of the alleged offense;
2. Mandate that deadly force is only to be used by peace officers as a last resort; and
3. Affirm the sanctity of human life and the importance of treating all persons with dignity and respect.

Both HB562 and HB833 seek to amend Chapter 2 of Texas’ Code of Criminal Procedure to add a section titled “Law Enforcement Policy on De-escalation and Proportionate Response.”

If passed, HB562 would require each law enforcement agency in Texas to adopt a detailed written policy regarding the use of force by peace officers employed by the agency. These policies must:

1. Emphasize the use of conflict de-escalation techniques; and
2. Authorize force to be used by officers only after attempts to de-escalate a situation have failed.

HB833, if passed, goes a bit further than HB562 by requiring that the commission develop and make available to all law enforcement agencies in this state a model policy and associated training materials regarding the use of force by peace officers. Among other things, HB833 also states that deadly force is only to be used by peace officers as a last resort, and that before using force, officers must attempt to de-escalate the situation and issue a warning that force will be used. Additionally, officers must ensure that:

1. The force used is proportionate to the threat posed and to the seriousness of the alleged offense;
2. The force used does not present a serious risk of injury to any person other than the actor or the person against whom the force is used; and
3. The use of force must be terminated the moment the person against whom force is used becomes compliant or is subdued.

Similar to the above bills, SB71 seeks to amend Chapter 2 of Texas’ Code of Criminal Procedure to add a section titled “Law Enforcement Policy on Use of Force by Peace Officers.”

If passed, SB71 would require each law enforcement agency in Texas to adopt a detailed written policy regarding the use of force by peace officers employed by the agency. These policies must “provide peace officers employed by the agency with explicit guidelines for the use of force that ensure that force will only be used against a person in a manner proportionate to the threat posed by the person.”

Each of the above proposed bills seek to amend Chapter 2 of Texas’ Code of Criminal Procedure in order to add a policy requiring law enforcement officers in the state to intervene in order to prevent another peace officer from using excessive force.

If passed, HB563 states that each law enforcement agency in Texas shall adopt a detailed written policy requiring peace officers employed by the agency to intervene to stop or prevent another peace officer from “using excessive force against a person suspected of committing an offense, if an ordinary, prudent peace officer would intervene under the same or similar circumstances.”

SB68, HB2011 & SB1601, if passed, would also require peace officers who witness the use of excessive force by another peace officer to promptly make a detailed report of the incident and deliver the report to their supervisor, as well as the supervisor of the officer who used the excessive force.

HB832, if passed, would require officers to intervene if the use of force by another peace officer violates state or federal law, puts any person at risk of bodily injury (unless necessary to avoid imminent harm to a peace officer or other person), or is not required to apprehend or complete the apprehension of a suspect. The act would also require officers to provide aid immediately to any person who needs medical attention as a result of the use of force by a peace officer, as well as require identification as a peace officer before taking any action within the course and scope of the officer’s official duties (unless the identification would render the action impracticable).

SB70 seeks to amend Chapter 2 of Texas’ Code of Criminal Procedure to add a section titled “Use of Force Reporting.”

If passed, SB70 would require every peace officer to submit a detailed report to their law enforcement agency regarding each incident in which the officer uses force, or witnesses another officer use force, against a person suspected of committing an offense. The report must include:

1. A description of the force used by the peace officer;
2. An explanation as to why the degree of force used was necessary; and
3. A description of any attempt that was made by the peace officer to de-escalate the situation before the force was used (if applicable).

If passed, SB747 seeks to amend Chapter 2 of Texas’ Code of Criminal Procedure in order to state that each law enforcement agency in the state shall adopt a policy prohibiting a peace officer of the agency from using a chemical device against a person younger than 18 years of age.

If passed, HB1955 seeks to amend Section 9.51 of Texas’ Penal Code to state that a peace officer is only justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make an arrest (or to prevent escape after arrest) if:

1. The person to be arrested or attempting to escape after arrest possesses a deadly weapon; and
2. There is a substantial risk that the person to be arrested or attempting to escape after arrest will cause death or serious bodily injury to the actor or another if the arrest or apprehension is delayed.

HB1757 seeks to add additional rules relating to the recording of a peace officer’s performance of official duties and interactions with the public.

If passed, HB1757 would amend Section 37.09 of Texas’ Penal Code in order to make it a criminal offense for a peace officer (or another employee of a law enforcement agency) to alter, destroy, or conceal another person’s audio, visual, or photographic recording of a peace officer’s performance of official duties without obtaining that other person’s written consent.

It would also amend Section 38.15 of Texas’ Penal Code (interference with public duties) to add an affirmative defense to prosecution if the conduct engaged in by the defendant “consisted only of filming, recording, photographing, documenting, or observing a peace officer, if before or while engaging in the conduct, the defendant obeyed any reasonable and lawful order by a peace officer to change the defendant’s proximity or position.”

HB1757 also seeks to amend Section 542.501 of Texas’ Transportation Code (willfully failing or refuse to comply with a lawful order) to state that the law “does not apply to an order or direction to cease filming, recording, photographing, documenting, or observing a peace officer while the officer is engaged in the performance of official duties,” although this “does not prohibit a peace officer from giving the person a reasonable and lawful order or direction to change the person’s proximity or position relative to a peace officer who is engaged in the performance of official duties.”

Lastly, HB1757 would also amend Chapter 2 of Texas’ Code of Criminal Procedure to state that “if during the performance of the peace officer’s official duties a peace officer makes a video or audio recording of the officer’s interaction with a person, the peace officer must immediately disclose to the person that the officer is recording the interaction and the method by which the officer is making the recording,” except “if the peace officer’s interaction with a person occurs as part of an ongoing criminal investigation” or “if making the disclosure immediately would be unsafe, unrealistic, or impracticable.”

Each of the above bills seek to amend Chapter 2 of Texas’ Code of Criminal Procedure in order to add a section regarding law enforcement policies on discharging a firearm at a moving vehicle.

If passed, HB95 and SB72 would require each law enforcement agency in Texas to adopt a policy which prohibits a peace officer from “discharging a firearm at or in the direction of a moving vehicle unless the peace officer discharges the firearm only when and to the degree the officer reasonably believes is immediately necessary to protect the officer or another person from the use of unlawful deadly force by an occupant of the vehicle by means other than by using the moving vehicle to strike any person.”

HB1943 seeks to go a bit further by stating that a peace officer may not, while performing an official duty, discharge a firearm at or in the direction of a moving vehicle occupied solely by the driver unless:

• The officer reasonably believes it is immediately necessary to protect the officer or another person from the use of unlawful deadly force by the driver of the vehicle; and
• Before discharging the firearm, the officer has exhausted all other reasonable means of mitigating or preventing the deadly force by the driver or has determined that other means of mitigating or preventing the deadly force would be inappropriate under the circumstances.

If the vehicle has one or more passengers, an officer may only discharge a firearm in the direction of the vehicle if and when:

• The officer reasonably believes it is immediately necessary to protect the officer from unlawful deadly force by the driver of the vehicle by means of the vehicle; and
• The officer reasonably believes that they are unable to mitigate or prevent the deadly force by the officer moving out of the path of the vehicle.

HB1943 also states that an offense under this bill would be a felony of the third degree.

If passed, HB2572 seeks to amend Subtitle B, Title 4 of Texas’ Government Code in order to establish the “Office of Law Enforcement Oversight” for the purpose of monitoring the operations of law enforcement agencies in this state and the use of force practices of those agencies.

Some of the main duties of this office will be to:

1. Prepare and submit periodic reports that evaluate systemic issues affecting law enforcement agencies in this state to the governor, the lieutenant governor, and each member of the legislature.
2. Promote awareness among the public regarding how the office may be contacted, the purpose of the office, and the services the office provides.
3. Review complaints received by the office regarding the use of force by peace officers of law enforcement agencies, conduct investigations, and (when necessary) request the district or county attorney to bring actions against an agency in order to institute reforms regarding their use of force practices.

HB2302, if passed, would make it a Class A misdemeanor for a peace officer in this state to intentionally or knowingly make a false statement in an incident report regarding the commission or investigation of a criminal offense.

If passed, HB827 seeks to amend Chapter 372 of the Texas Transportation Code in order to prohibit toll project entities (or private entities that operate a toll project) from disclosing information on the speed at which a vehicle is operated on the toll project to a law enforcement agency for the purpose of proving an offense under Subchapter H, Chapter 545 (speed restrictions).

HJR133 & SJR49 both propose a constitutional amendment which would authorize and regulate casino gaming at a limited number of destination resorts and facilities licensed by the (yet-to-be-created) Texas Gaming Commission, as well as authorize sports wagering in the state.

Among other things, if passed, the amendment would allow up to four (4) casinos to operate at destination resorts located in metropolitan areas of the state with a population of two million or more (i.e., Houston, San Antonio, Austin, and Dallas-Fort Worth), provided that no more than one (1) casino is located within any one metropolitan area. It would also allow “an Indian tribe recognized by the United States government under federal law to operate slot machines or casino gaming on its Indian land within this state…”

According to the bill, the goal is to impose a tax on the casino gaming revenue (10% of revenue from table games and 25% of revenue from slot machines) in order to “foster economic development and job growth and to provide tax relief and funding for education and public safety programs.”

Each of the Joint Resolutions listed above propose an amendment to the Texas constitution authorizing the legislature to legalize wagering on professional and collegiate sporting events in the State of Texas.

It is important to note, though, that Lt. Gov. Dan Patrick says he doesn’t expect a push to legalize sports betting in Texas to go anywhere in this year’s legislative session.

If passed, HB1121, SB736 & HB2070 each seek to lay the groundwork for legalized sports betting in Texas. The bills outline the path for the commission to form a sports betting program, to enter into contracts, to issue permits for sports betting operations, and much more.

The bills do not allow betting on any youth sports (those involving participants under 18 years old), or—in the case of HB1121—on any college sports games involving one or more Texas teams. The bills also prohibit members, officers, or employees of the commission, the department, or a betting operation from placing any sports bets at all, as well as prohibiting any competitor, coach, trainer, employee, or owner of a team in a sports event, or any referee for a sports event, from placing a bet on one of their events.

According to HB1121, any excess revenue made by the department (exceeding the expenses necessary to operate the platform) shall be deposited to the credit of the foundation school fund.

Both HB393 & SB592 seek to amend Chapter 47 of the Texas Penal Code to expand upon exceptions to the definition of a gambling bet for purposes of criminal offenses.

If passed, a “bet” under Texas law will not include any “offer of a prize, award, or compensation to the participants in a fantasy or simulated game or contest” which is “determined by the accumulated statistical performances of the individual athletes on a participant’s fictional sports team.”

SJR36 proposes a constitutional amendment authorizing the operation of up to twelve (12) casinos in Texas counties that have approved casino gaming. If an organization applies for a license to operate a casino, a local option election shall be held in the county. The application shall only be approved if a majority of the voters favor the authorization of casino gaming.

If passed, SB616 seeks to further lay the legal groundwork for casinos to operate in the state, including administration, licensure, fees, standards, inspections, and more.

Each of the bills listed above seek to allow casino gambling in parts of southern Texas (within 200 miles of the Gulf of Mexico). If passed, HB477 would allow the Texas Lottery Commission to award to applicants not more than nine casino gaming operator licenses as follows:

1. One license in each of the counties of Galveston, Jefferson, and Nueces;
2. Three licenses in Bexar and Harris Counties;
3. One license in each of three first tier coastal or second tier coastal counties.

HJR102 & HB2257, if passed, would allow casino gaming operated by appropriately licensed persons at locations in this state that are within 200 miles of the Gulf of Mexico, but with no set limit on the number of licenses awarded (although the legislature may designate the counties in which a casino gaming operator’s license may be issued).

According to HJR102 & HB2257, the money generated from these casinos would go toward providing additional money for property tax relief. Under HB477, money generated from the casinos would go toward residual windstorm insurance coverage and catastrophic flooding assistance in those areas.

If passed, both HB647 & HJR37 seek to allow counties and municipalities to hold a local vote on whether or not to allow gaming devices commonly known as eight-liners (or similar gaming devices) to be legally operated or prohibited within the county or municipality.

If passed, HB3481 seeks to add “Rosa Parks Day” as an official state recognition day in order to honor “Rosa Louise McCauley Parks for her courageous act of refusing to give up her seat on a Montgomery, Alabama, bus to protest segregation which helped launch the civil rights movement in the United States.” If approved, Rosa Parks Day would fall on the 1st day of December.

Now passed, this law will take effect on 09/01/2021.

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HB2728 seeks to amend Subchapter C, Chapter 662 of Texas’ Government Code (recognition days) to declare January 27 as “International Holocaust Remembrance Day” in order to commemorate the anniversary of the liberation of Auschwitz-Birkenau and to honor the millions of victims of the Holocaust.

Now passed, this law will take effect on 09/01/2021.

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If passed, both HCR35 & SCR21 seek to designate March 10 as “Histotechnology Professionals Day” for a period of ten (10) years in order to provide “an opportunity to educate the public about the field of histotechnology and to give recognition to the vital contributions of histologists.”

Histotechnology is the science of detecting tissue abnormalities that indicate diseases such as cancer.

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HCR67 seeks to designate April 6 as “Tejano Day” (an observance that coincides with the date in 1813 when Tejano leaders issued the first declaration of Texas independence) for a period of ten (10) years.

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If passed, HB904 seeks to amend Section 662.003(b) of the Texas Government Code (a list of official Texas state holidays) to add “the first Tuesday after the first Monday in November of an even-numbered year” (election day) as a state holiday.

Similar to HB904 (see above), HB66 seeks to amend Section 662.003(b) of the Texas Government Code (a list of official Texas state holidays) to add “every day on which an election, including a primary election, is held throughout the state.”

If passed, HB371 seeks to amend Section 662.003(b) of the Texas Government Code (a list of official Texas state holidays) to add “the day after the Super Bowl” as an official state holiday.

Did you know that Texas recognizes “Confederate Heroes Day” (honoring Jefferson Davis, Robert E. Lee, and other Confederate ‘heroes’) as an official state holiday?

If passed, both HB36 and HB219 seek to amend Section 662.003(b) of the Texas Government Code (a list of official Texas state holidays) to remove “Confederate Heroes Day,” which takes place on the 19th day of January.

If passed, SB128 seeks to amend Section 662.003(b) of the Texas Government Code (a list of official Texas state holidays) to add “Celebration of Suffrage Day” in honor of the centuries-long struggle to bring the right of suffrage to all Americans. If approved, this holiday would fall on the 28th day of June.

Similar to HB36 and HB219 (above), SB128 also seeks to remove “Confederate Heroes Day” from the list of official state holidays.

If passed, HB2067 seeks to amend Section 662.003(b) of the Texas Government Code to add “COVID-19 Heroes Day” in honor of the frontline workers, essential personnel, and all Texans who sacrificed during the pandemic. If approved, this holiday would fall on the 19th day of January.

HB2067 also states that “Confederate Heroes Day,” which currently falls on the same date, would be removed from the list of official state holidays.

If passed, HB1250 seeks to amend Section 662.003(b) of the Texas Government Code to add “Selena Quintanilla Pérez Day” in memory of the contributions to Tejano music of Selena Quintanilla Pérez, an award-winning singer and recording artist. If approved, this holiday would fall on the 16th day of April (her birthday).

If passed, HB2157 seeks to amend Section 662.003(b) of the Texas Government Code to add “Women’s Equality Day,” which would fall on the 26th day of August, as an official state holiday in Texas.

If passed, HB1198 seeks to amend Section 662.003(b) of the Texas Government Code to add “Sam Houston Day, in honor of one of this state’s greatest heroes.” If approved, this holiday would fall on the 26th day of July.

If passed, HB3773 seeks to designate September 21 as “Alzheimer’s Awareness Day” in order to “increase awareness of individuals who are suffering from dementia and to express appreciation to the caregivers of Alzheimer’s patients for the services and care provided to the patients.”

In Texas, fireworks are only permitted to be sold to the public during certain periods of the year (i.e., between June 24 through July 4; December 20 through January 1; May 1 through May 5).

If passed, HB505 seeks to amend Section 2154.202(g) of the Texas Occupations Code in order to also permit fireworks sales to the public beginning five days before Labor Day and ending at midnight on Labor Day (in a county in which the commissioners court of the county has approved the sale of fireworks during the period).

If passed, HB504 seeks to amend Section 2154.202(g) of the Texas Occupations Code in order to permit fireworks sales to the public beginning June 14 and ending at midnight on June 19 (Juneteenth) in a county in which the commissioners court of the county has approved the sale of fireworks during the period.

Both HB4519 & SB2003, if passed, also seek to amend Section 2154.202(g) of the Texas Occupations Code in order to permit fireworks sales to the public beginning June 14 and ending at midnight on June 19 (Juneteenth), as well as five days before Labor Day and ending at midnight on Labor Day.

SB130 seeks to adopt an “agreement among the States” to elect the President by national popular vote. If passed, the State of Texas (and each member state) shall conduct a statewide popular election for President and Vice President of the United States. The chief election official of each member state shall then determine the number of votes, and add such votes together to produce a “national popular vote total” for each presidential slate.

While similar bills had been introduced in the 82nd and 85th Texas Legislature (in 2011 and 2017, respectively), both failed to pass. As of January 2021, this agreement has been adopted by fifteen (15) states and the District of Columbia. Similar bills have been introduced this year in Florida, Iowa, Kansas, Minnesota, Mississippi, Missouri, Oklahoma, South Carolina, Utah, and Virginia.

If passed, SJR12 & HJR69 seek to amend Article VI of the Texas Constitution to allow a person who will be 18 years of age or older on the date of the subsequent general election to vote in a primary election. SB55 & HB1176, if passed, seek to modify Section 13.001 of Texas’ Election Code to reflect this change in law.

In 2017, Gov. Greg Abbott signed House Bill 25, which eliminated the straight-ticket voting option (the option for voters to check one box to cast a ballot for every candidate from a single political party) starting in the year 2020. Supporters of the bill said that removing the straight-ticket voting option forces voters to make more informed decisions in individual elections, but opponents claim the legislation disproportionately impacts minority voters.

Each of the above bills, if passed, seek to amend several sections of Texas’ Election Code to reimplement the straight-ticket voting option.

Almost every state holds a legislative session every year, but just four states—Texas, Montana, Nevada and North Dakota—meet biennially on odd numbered years. This made sense back when the Texas Legislature was first established in 1845 (and lawmakers had to travel to Austin by horse), but not so much anymore. With a two-year interim gap, states like Texas often have to wait well over a year to respond to new federal laws or make other timely policies.

HJR52 seeks to change this by amending Article III of the Texas Constitution to state that the Texas Legislature shall meet every year. According to the bill’s author, Lyle Larson, “The cost to run the Legislature would be the same, and we would be light years ahead from an effectiveness and efficiency standpoint.”

Both HB1949 & HB1956 seek to amend Section 2056 of Texas’ Government Code in order to require the Texas state climatologist to provide to the Legislative Budget Board (for use in the strategic planning of a state agency) a report on projected changes in weather (including adverse impacts), water availability, and climate variability across the state.

The report will be due not later than March 1 of each even-numbered year, and must include a description of the means and strategies for meeting the agency’s needs and managing the risks associated with the projected changes in weather, water availability, and climate variability—including the identification of any financial resources that will be needed to carry out those means and strategies.

SB435 & HB2271 both seek to amend Subchapter C, Chapter 418 of the Texas Government Code in order to add a section on Texas’ “Pandemic Response Plan.”

If passed, the bills would require the division to prepare and keep current a pandemic response plan, include provisions for:

• Consulting with infectious disease experts;
• Preventing and minimizing injury and damage caused by a pandemic;
• A prompt and effective response to a pandemic;
• Emergency relief;
• Identifying areas and populations particularly vulnerable to the occurrence of a pandemic;
• Communicating with governmental and private entities to facilitate coordination and collaboration for the efficient and effective planning and execution of a pandemic response plan;
• Organizing federal, state, and local pandemic response activities;
• And much more.

If passed, each of the bills listed above seek to amend Section 62.051 of the Texas Labor Code to raise the minimum wage in Texas. HB383 seeks to raise the minimum wage to $12/hour, while HB60, HB1827 & HB4484 seek to raise the minimum wage to $15/hour.

On the other hand, HB255 seeks to raise the minimum wage annually based on the consumer price index (called an adjusted minimum wage). According to the bill, the comptroller shall determine the adjusted minimum wage on December 1 of each year by increasing the adjusted minimum wage for that calendar year by the percentage increase, if any, in the consumer price index for the 12 months preceding that date.

Of course if the federal minimum wage (currently at $7.25/hour) is raised higher than Texas’ minimum wage at any point, employers in Texas may not pay their employees less than the federal minimum wage.

HJR100 & SJR55 both propose a constitutional amendment relating to the right to own, hold, and use any mutually agreed upon medium of exchange (including Bitcoin and other cryptocurrencies).

If passed, the bills seeks to amend Article I of the Texas Constitution (bill of rights) to add Section 35, as follows:

“The right of the people to own, hold, and use a mutually agreed upon medium of exchange, including cash, coin, bullion, digital currency, or scrip, when trading and contracting for goods and services shall not be infringed. No government shall prohibit or encumber the ownership or holding of any form or amount of money or other currency.”

HB215, if passed, seeks to amend several sections of Texas’ Penal Code, Code of Criminal Procedure, and Government Code in order to effectively abolish the death penalty in Texas.

If passed, both HJR51 & SJR66 propose an amendment to Article I of the Texas constitution which states that “no person shall be held in slavery or involuntary servitude in this state for any reason, including as a punishment for a crime.”

I’ll be honest — I thought we had settled this one a long time ago.

Should college student-athletes be paid? Opponents often argue that scholarships are the only form of compensation they should receive. Proponents often argue that students’ names and images are used on products and in advertising that brings revenue to the school, and thus should receive a portion of these profits as compensation.

If passed, SB 1385 seeks to amend Subchapter Z, Chapter 51 of the Texas Education Code in order to add a section titled “Compensation and Professional Representation of Student Athletes Participating in Intercollegiate Athletic Programs.”

Among other things, the bill states that public, private, and independent institutions of higher education (i.e., colleges and universities) may not adopt or enforce a policy, requirement, standard, or limitation that prohibits or otherwise prevents a student athlete participating in an intercollegiate athletic program at the institution from:

• Earning compensation for the use of the student athlete’s name, image, or likeness when the student athlete is not engaged in official team activities; or
• Obtaining professional representation, including representation by an athlete agent or attorney, in relation to contracts or other legal matters.

Now passed, this law will take effect on 01/01/2022.

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SCR7 seeks to have the 87th Texas Legislature designate the Bowie knife as the “official state knife” of Texas.

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SCR20 seeks to have the 87th Texas Legislature recognize the original 1847 Colt Walker pistol as the “official handgun” of the State of Texas.

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SCR9 would designate the City of San Marcos as the official “Mermaid Capital of Texas” for the next 10 years.

Excerpt from the bill: “For thousands of years, the mermaid has been one of the most striking symbols of humanity’s connection with the natural world, and over the past century, this legendary figure has come to represent the city of San Marcos and its special relationship to the water resources of Central Texas.”

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SCR11 would designate Fort Davis as the official “Highest Town in Texas” (elevation-wise) for a 10-year period beginning in 2021.

Excerpt from the bill: “Uniquely situated amid rugged mountains and below the spectacular West Texas sky, Fort Davis is beloved by residents and visitors alike, and it has earned a well-deserved reputation as one of the Lone Star State’s ‘top’ destinations.”

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In a clear knee-jerk reaction to the revelation that Mark Cuban decided not to have the national anthem played prior to the first 11 Dallas Mavericks regular season home games this season (a decision which has already been reversed), Lt. Gov. Dan Patrick announced that he will be introducing a bill known as the “Star Spangled Banner Protection Act” (SB4).

SB4 seeks to amend Subtitle F, Title 10 of Texas’ Government Code in order to add a section titled “Agreements With Professional Sports Teams.” If passed, the bill would prohibit governmental entities from entering into agreements with professional sports teams that requires a financial commitment by this state or any governmental entity unless the agreement includes:

1. A written verification that the professional sports team will play the United States national anthem at the beginning of each team sporting event held at the team’s home venue or other facility controlled by the team for the event; and
2. A provision providing that failure to comply with the written verification required by Subdivision (1) for any team sporting event at the team’s home venue or other facility:
   • Constitutes a default of the agreement;
   • Immediately subjects the team to any penalty the agreement authorizes for default (including requiring the team to repay any money paid to the team by this state or any governmental entity or classifying the team as ineligible to receive further money under the agreement); and
   • May subject the team to debarment from contracting with this state.

Now passed, this law will take effect on 09/01/2021.

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If passed, HB1758 seeks to amend Chapter 423 of Texas’ Government Code in order to make it a Class A misdemeanor to operate “an unmanned aircraft that is equipped with a chemical dispensing device, an explosive weapon, an improvised explosive device, or a firearm.”

The bill also states that it is an affirmative defense to prosecution if:

1. The actor is the owner or occupant of the real property over which the unmanned aircraft was operated or the actor received the prior written consent of the owner or occupant of that property;
2. The unmanned aircraft was operated in the course of the actor’s actual discharge of official duties as a member of the United States armed forces or the state military forces; or
3. The unmanned aircraft was equipped only with a chemical dispensing device or with a firearm containing nonlethal rounds and operated in the course of the actor’s actual discharge of official duties as a peace officer.

If approved, this act will take effect on 09/01/2021.

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SB1853 seeks to amend Subchapter H, Chapter 151 of Texas’ Tax Code in order to temporarily exempt personal protective equipment from sales taxes. In this context, “personal protective equipment” means specialized clothing or equipment worn by a person meant to protect against potential infectious contaminants in the environment, or to interfere with the transmission of particles originating from the nose or mouth. If passed, this temporary exemption would expire on January 1, 2022.

Both SB438 & HB1992, if passed, seek to amend Section 151.3565(b) of Texas’ Tax Code in order to list face masks, disposable gloves, and disinfectant cleaning supplies as “emergency preparation items” in order to exempt them from sales and use taxes during Texas’ “Emergency Preparation Supplies Sales Tax Holiday” (which begins at 12:01 a.m. April 25 and ends at midnight April 27).

If passed, SB680 seeks amend Section 17.46, Business & Commerce Code (deceptive trade practices) in order to define electricity as a necessity, as well as to outlaw the exorbitant or excessive pricing of electricity during a declared disaster.

HB3335, if passed, also seeks to amend amend Section 17.46, Business & Commerce Code to include selling electricity at prices at least 200% higher than the market average price for the four quarters immediately preceding a declared disaster as a “false, misleading, or deceptive act or practice.”

SB2075 seeks to amend amend Section 17.46, Business & Commerce Code to include selling electricity at prices at least 300% higher than the average price for the month immediately preceding a declared disaster as a “false, misleading, or deceptive act or practice.”

If passed, each of the above-proposed bills seek to amend Section 39.151 of Texas’ Utilities Code to ensure that each member of the governing body of the independent organization certified to manage the ERCOT power region (including the CEO) must be a resident of Texas. HB2434 goes a bit further, requiring that board members (as well as the CEO) must “live and work in the state.”

Each of the bills listed above, which were filed in response to the widespread electrical outages experienced during the catastrophic winter storm in February of 2021, seek to ensure that Texas has adequate reserve power to prevent blackout conditions caused by shortages of generated power in the ERCOT power region.

If passed, the bills would require the Public Utility Commission of Texas to, by rule, develop a process for obtaining emergency reserve power generation capacity as appropriate to prevent blackout conditions in the state. In accordance with these rules, an independent organization certified under Section 39.151 for the ERCOT power region shall adopt procedures and enter contracts as necessary to ensure the availability of a defined amount of emergency reserve power generation capacity the organization may call on to prevent blackouts caused by shortages of generated power.

Additionally, HB2687 seeks to require a power generation company operating in the ERCOT power region to weatherize the company’s generation facilities and associated equipment on an annual basis.

If passed, both HB2661 & HB2838 seek to amend Subchapter D, Chapter 38 of Texas’ Utilities Code in order to require each electric utility, municipally owned utility, and electric cooperative that is subject to a rolling blackout initiated by an independent organization certified under Section 39.151 to rotate customer curtailment so that no customer is subject to an outage lasting more than 12 hours.

HB2838 would, however, allow customer outages for more than 12 hours “to the extent necessary to supply facilities the commission determines are critical to maintaining public health and safety.”

Also in response to the widespread electrical outages experienced during the catastrophic winter storm in February of 2021, senator Judith Zaffirini has introduced legislation which seeks to require the implementation of weatherization standards for electric utilities in Texas.

If passed, SB845 would amend Section 38.005 of Texas’ Utilities Code in order to require the Public Utilities Commission to “adopt minimum weatherization standards for electric utilities, transmission and distribution utilities, electric cooperatives, municipally owned utilities, and generation providers that ensure services remain reasonably reliable in extreme weather conditions.” The bill would also require these utility providers to file annual reports regarding weatherization measures it implemented, as well as mandate periodic in-person inspections to verify said minimum weatherization standards have been implemented.

Violations of this Act (which are not remedied) would result in administrative penalties of not less than $25,000

Similarly, HB2481 seeks to require each provider of generation in the ERCOT power region to implement measures to prepare generation facilities to provide adequate electric generation service during a winter weather emergency.

If passed, SB1012 & HB3138 both seek to require electric providers to obtain a residential customer’s express consent before enrolling them in a variable rate energy plan. Consent must be given in a manner that indicates the customer understands that they are enrolling in a variable rate plan, and the electric provider shall provide notice that the plan includes variable rates in an easily readable font and type size.

HB2808, HB3370 & HB3494, on the other hand, seek to do away with variable rate energy plans for residential customers entirely. If passed, the bills would effectively disallow electric providers in the state from offering contracts for residential service at variable rates, and instead require companies to offer service under a fixed-price contract.

If passed, HB2828 seeks to provide one-time cash payments (or credits) of $250, provided by state funds, to residential and commercial customers of municipally owned utilities, electric cooperatives, and retail electric providers in the ERCOT power region. Payments must be made to customers by December 15, 2021. For existing electrical customers, a $250 credit may be applied to each retail account. For accounts that were closed after February 19, 2021, a payment of $250 must be sent to the former account holder.

Texas observes daylight saving time beginning the second Sunday in March, and then reverts to standard time on the first Sunday in November. Both SJR13 & SJR68 propose a constitutional amendment which would abolish daylight saving time in Texas.

If passed, the bills seek to amend Article XVI of the Texas Constitution by adding that the state, acting under the exemption provisions of the Uniform Time Act of 1966, is exempt from the provisions of that law that establish daylight saving time. The exemption provided by this section applies to both the portion of the state using central standard time as the official standard time and the portion of the state using mountain standard time as the official standard time.

Similar to SJR13 (above), SJR30 and HJR78 both propose a constitutional amendment which would authorize a statewide referendum allowing voters to indicate a preference for observing standard time year-round or observing daylight saving time year-round (rather than switching back and forth). This constitutional amendment would also authorize the legislature to enact a law based on the results of the referendum.

If the above joint resolutions do pass, SB471 and HB1405 seek to further lay the groundwork for conducting the referendum, as well as implementing changes to Section 312.016 of Texas’ Government Code based on the results of the vote. If voters decide to observe standard time year round, this would go into effect beginning 01/01/2022. Interestingly though, if voters decide to observe daylight saving time year-round instead, it would only go into effect “if the United States Congress enacts legislation that becomes law that authorizes the State of Texas to observe daylight saving time year-round.”

If passed, HCR66 seeks to have the 87th Legislature of the State of Texas:

• Strongly condemn racism against Asian Americans and Pacific Islanders; and
• Call on state law enforcement officials, working with federal and local officials, to investigate and prosecute all credible reports of hate crimes and incidents and threats against Asian Americans and Pacific Islanders in Texas; and
• Express its support for public and private efforts to eradicate anti-AAPI racism in all its forms.

Excerpt from the bill: “Since the COVID-19 pandemic began, there has been a dramatic increase in the number of hate crimes and incidents of hate directed at Asian Americans and Pacific Islanders (AAPIs), with the use of terms such as ‘Chinese virus,’ ‘Wuhan virus,’ and ‘kung-flu’ perpetuating this disturbing escalation.”

“Right to repair” refers to government legislation that is intended to allow consumers the ability to repair and modify their own consumer electronic devices, where otherwise the manufacturer of such devices requires the consumer to use only their offered services.

If passed, HB3198 would require original equipment manufacturers (OEMs) of digital electronic equipment sold or used in this state to make available, on fair and reasonable terms, to any independent repair provider or to an owner of digital electronic equipment manufactured by or on behalf of, sold by, or supplied by the original equipment manufacturer:

1. Documentation, replacement parts, and tools, including any updates to information or embedded software, for that equipment or replacement part; and
2. For equipment containing an electronic security lock or other security-related function, any special documentation, replacement part, or tool needed to disable and reset the lock or function when disabled in the course of diagnosis, maintenance, or repair of the equipment.

HB4063, on the other hand, would require original equipment manufacturers (OEMs) of electronics-enabled heavy equipment sold or used in this state to make available, on fair and reasonable terms, to any independent repair provider or to an owner of electronics-enabled heavy equipment manufactured by or on behalf of, sold by, or supplied by the original equipment manufacturer:

1. Documentation, replacement parts, and tools; and
2. For equipment containing an electronic security lock or other security-related function, any special documentation, replacement part, or tool needed to disable and reset the lock or function when disabled in the course of diagnosis, maintenance, or repair of the equipment.

Texas law currently prohibits car manufacturers from directly selling vehicles to customers, and instead encourages automakers to sell via franchised dealerships.

If passed, HB4379 seeks to amend Sections 2301.252(a) and 2301.476 of Texas’ Occupations Code (as well as Section 503.029(a) of the Texas Transportation Code) in order to enable all-electric car manufacturers (e.g., Tesla) to sell their vehicles directly to consumers—as long as the manufacturer’s line-make has never before been sold in this state through an independent franchised new motor vehicle dealership.

If passed, HB1490 seeks to amend Chapter 311, Subchapter A of Texas’ Health and Safety Code to state that hospitals in Texas “shall disclose the hospital’s cash price for each health care service regularly provided by the hospital.” This disclosure must be made by posting the prices on the hospital’s website (or in writing on request if the hospital does not have a website).

HB3141 seeks to require those who sell or resell tickets for a concert or other event in this state (including the operator of a ticket website) to disclose all fees charged in connection with the sale of a ticket for the event. If passed, fees for event tickets made available for sale on a ticket website must be posted on the website in a location easily accessible by ticket purchasers or potential ticket purchasers.

If passed, HB3296 seeks to increase the monthly salary of any classroom teacher, full-time librarian, full-time school counselor, or full-time school nurse in Texas by an extra $400 for the 2021-2022 school year.

In order to provide funding for this, the bill would appropriate state aid (from the economic stabilization fund) to school districts in an amount equal to the product of $4,000 multiplied by the number of classroom teachers, full-time librarians, full-time school counselors, and full-time school nurses employed by the district—but only if the bill is approved by a 2/3 vote.

HB3580, if passed, seeks to increase the salary of any classroom teacher in the state to a minimum of $70,000 per year, beginning with the 2021-2022 school year. The bill states that teachers must be paid a monthly salary of at least $7,000, increased by $50 for every prior year of experience (i.e., a teacher with 10 years of experience would have a base monthly salary of at least $7,500, and a teacher with 20+ years of experience would have a base monthly salary of $8,000). Additionally, the bill would adjust for inflation each subsequent year.

If passed, HB3056 would amend Subchapter A, Chapter 711 of Texas’ Health and Safety Code to add a section entitled “Prohibiting Billboards on Cemetery Property.” It would state that a person may not erect or maintain a billboard on cemetery property, and that a cemetery organization may not enter into a contract or lease authorizing a billboard on cemetery property.

Any billboards erected on cemetery property under a contract or lease entered into before the effective date of this Act would have to be dismantled or removed from the cemetery on the expiration date of the existing contract or lease between the cemetery organization and the billboard owner or lessee.

If passed, HB1781 seeks to amend Section 43.357 of Texas’ Parks and Wildlife Code in order to allow the holder of a valid deer breeder’s permit to engage in the business of breeding breeder deer via cloning.

HB1404 seeks to amend Chapters 711 and 716 of Texas’ Health and Safety Code, as well as Section 651 of the Texas Occupations Code in order to permit the use of alkaline hydrolysis cremation (AKA bio-cremation, resomation, aquamation, green cremation, flameless cremation, or water cremation) with regard to human remains.

HB928 seeks to amend Chapter 436 of Texas’ Health and Safety Code to create administrative and civil penalties for food service establishments that sell catfish—if the product is not, in fact, “catfish” as defined under the statute.

If passed, HB928 would define the term catfish as “any species of the scientific family Ictaluridae.” The term does not include any species of the scientific genus Pangasius, family Claridae or family Siluridae, including Swai fish (fish similar to catfish).

If passed, HB4554 seeks to amend Chapter 3101 of Texas’ Government Code in order to designate Dr. Pepper as the official “state soft drink” of Texas.

HCR12, if passed, would designate the City of Kyle as the official “Pie Capital of Texas” for the next 10 years.

Excerpt from the bill: “Whereas, whether it’s pecan pie, apple pie, blueberry pie, or pot pie, a pie is an occasion for celebration and delight, and the people of Kyle are making this beloved dish a special focus of their identity as a community.”

HCR32, if passed, would designate Missouri City, TX as the official “Hip-Hop Capital of Texas” for the next 10 years.

Excerpt from the bill: “Whereas the outstanding achievements of Z-Ro and Travis Scott have made Missouri City a very bright spot on the map of hip-hop’s most vibrant communities, bringing increased recognition of the Lone Star State’s contributions to this popular genre.”

Of course this year’s legislative session wouldn’t be complete without a bill proposing the idea of Texas seceding from the United States of America.

While unlikely, if HB1359 (AKA the “Texas Independence Referendum Act”) is passed, the 11/02/2021 ballot would include the following nonbinding referendum question: “Should the legislature of the State of Texas submit a plan for leaving the United States of America and establishing an independent republic?”