Legislative Blog

J.B. Williams, J.D.

Short review of some of the new laws.

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

This is just a general idea of the volume of new items passed during the 88th Legislative session. While downloading each of the laws, I could see that there are a multitude of 2 pages bills. Often a portion of the 2 pages are general language such that the bill itself is less than 1 page.

Short review of some of the new laws.

Published: 2024-01-23

New Laws in Texas from the 88th Session

Total laws signed/voted into effect = 1,240

For immediate effect = 336

Effective in 2023 = 800

Effective as per the Constitutional Amendment = 3

Effective in 2024 = 85

Effective in 2025 = 13

Effective in 2026 = 1

Effective in 2027 = 1

Other = 1

Understand that some bills had portions that took effect at different times. For the major changes listed below, I made note if portions took effect at alternate dates. Those with that notation means the same bill number with different portions taking effect at different times.

There are a lot of bills, all of which I have downloaded the final versions of. My plan is to work diligently through those that took effect immediately, and those that took effect in 2023 first (1,136). Some of the bills are extremely short; and this may lead to a single blog covering multiple bills at one time. No need to post an entire blog for a sentence or two. Others are longer and will be single entries. Once I have completed all blogs through 2023, I will focus on those that took effect on 1/1/24 plus the Constitutional Amendments (88). And I should be posting ahead of the 3/1/24, or that is the plan. However, that totals 1,224 bills out of the 1,240 total.

Immediate effect:

321 plus the following 15 = 336

1. HB8
   • Public education. (Certain parts to take effect at an alternate date.)
2. HB18
   • Protection of minors from harmful, deception or unfair trade practices in connection with the use of digital services and electronic devices.
3. HB 139
   • Notice of certain proposed rules by state agencies. (Certain parts to take effect at an alternate date.)
4. HB 1535
   • San Antonio River Authority, altering terms of office of members of board. (Certain parts to take effect at an alternate date.)
5. HB 1605
   • Instruction material and technology, adoption of essential knowledge and skills for certain public school foundation curriculum. (Certain parts to take effect at an alternate date.)
6. HB 2209
   • Establishing the Rural Pathway Excellence Partnership program and creating an allotment and outcomes bonus under the Foundational School program. (Certain parts to take effect at an alternate date.)
7. HB 3301
   • Dissolution of Green Tree Park Municipal Utility District. (Certain parts to take effect at an alternate date.)
8. HB 3461
   • Creation of funds and accounts, dedication of revenue and allocation of accrued interest on dedicated revenue, and exemption of unappropriated money from use for general governmental approval. (Certain parts to take effect at an alternate date.)
9. HB 3474
   • Operation and administration of procedures regarding the judicial branch, including service of process and delivery of documents, administration of oaths, and management of the Texas Indigent Defense Commission. (Certain parts to take effect at an alternate date.)
10. HB 5344
    • Eligibility of certain retired firefighters, police offices, and emergency medical services providers to purchase continued health benefits coverage. Creation of special purpose districts and the name, powers, and duties of the 3 B&J Municipal Utility District. (Certain parts to take effect at an alternate date.)
11. SB2
    • Property tax relief through public school finance systems, exemptions, limitation on appraisals and taxes, and property tax administration. (Certain parts to take effect at an alternate date.)
12. SB 10
    • Benefits paid by Teacher Retirement System of Texas (Certain parts to take effect at an alternate date.)
13. SB 224
    • Catalytic converters, including criminal conduct; providing administrative penalties; creating a criminal offense; increasing a criminal penalty.(Certain parts to take effect at an alternate date.)
14. SB 604
    • Land services performed by a landman. (Certain parts to take effect at an alternate date.)
15. SB 1055
    • Creation of a new university of Nacogdoches, Texas within University of Texas system. (Certain parts to take effect at an alternate date.)

Took effect 7/1/23

The following 2

1. HB 2804
   • Name, image, or likeness of student athlete participating in intercollegiate athletic program at an institution of higher learning.
2. SB 224
   • Catalytic converters, including criminal conduct; providing administrative penalties; creating a criminal offense; increasing a criminal penalty. (Certain parts to take effect at an alternate date.)

Took effect 8/2/23

The following 1

1. HB 3301
   • Dissolution of Green Tree Park Municipal Utility District. (Certain parts to take effect at an alternate date.)

Took effect 9/1/23

775 bills plus the following 18 = 793

1. HB 5
   • Agreements authorizing a limitation on taxable value of certain property to provide for the creation of jobs and the generation of state and local tax revenue; authorizing fees, authorizing penalties (Certain parts to take effect at an alternate date.)
2. HB 8
   • Public education. (Certain parts to take effect at an alternate date.)
3. HB 139
   • Notice provision of certain proposed rules by state agencies. (Certain parts to take effect at an alternate date.)
4. HB 299
   • Creation of a voluntary accreditation for recovering housing; authorizing fees. (Certain parts to take effect at an alternate date.)
5. HB 1605
   • Instruction material and technology, adoption of essential knowledge and skills for certain public school foundation curriculum. (Certain parts to take effect at an alternate date.)
6. HB 2209
   • Establishing the Rural Pathway Excellence Partnership program and creating an allotment and outcomes bonus under the Foundational School program. (Certain parts to take effect at an alternate date.)
7. HB 3469
   • Disposition of certain property by the former Boise D'Arc Island Levee Improvement District of Dallas and Kaufman Counties, and dissolution of that district. (Certain parts to take effect at an alternate date.)
8. HB 3474
   • Relating to operation and administration of procedures regarding the judicial branch, including service of process and delivery of documents, administration of oaths, and management of the Texas Indigent Defense Commission. (Certain parts to take effect at an alternate date.)
9. HB 3929
   • Adoption by the Supreme Court of Texas of the Uniform Interstate Depositions and Discovery Act. (Certain parts to take effect at an alternate date.)
10. HB 4835
    • Creation and operations of certain health care provider participation programs. (Certain parts to take effect at an alternate date.)
11. HB 5344
    • Eligibility of certain retired firefighters, police offices, and emergency medical services providers to purchase continued health benefits coverage. Creation of special purpose districts and the name, powers, and duties of the 3 B&J Municipal Utility District. (Certain parts to take effect at an alternate date.)
12. SB 28
    • Financial assistance provided and programs administered by the Texas Water Development Board. (Certain parts to take effect at an alternate date.)
13. SB 478
    • Administration of the motorcycle operator training and safety program and requirements for the issuance of certain driver's licenses and commercial driver's license; requiring an occupational license; authorizing a fee. (Certain parts to take effect at an alternate date.)
14. SB 1055
    • Creation of a new university of Nacogdoches, Texas within University of Texas system. Abolishing Stephen F. Austin State University. (Certain parts to take effect at an alternate date.)
15. SB 1333
    • Creation of the Texas state buildings preservation endowment fund, including the transfer to the fund of the unencumbered balances of certain other funds.
16. SB 1444
    • Public retirement systems for employees of certain municipalities. (Certain parts to take effect at an alternate date.)
17. SB 1612
    • Court administration and costs; increasing certain court costs; authorizing fees. (Certain parts to take effect at an alternate date.)
18. SB 2476
    • Consumer protections against certain medical and health care billing by emergency medical service providers. (Certain parts to take effect at an alternate date.)

Took effect 10/1/23

The following 2

1. HB 3474
   • Operation and administration of practices and procedures regarding proceedings in judicial branch, including service of process and delivery of documents related to proceedings, administration of oaths, and management of the Texas Indigent Defense Commission. As well as, the composition of certain juvenile boards; establishing civil penalties; increasing certain costs; and authorizing fees. (Certain parts to take effect at an alternate date.)
2. SB 65
   • Excluding the furnishing of an academic transcript from the definition of 'information service' for purposes of sales and use taxes.

Took effect 10/12/23

The following 1

1. SB 2
   • Providing property tax relief through the public school finance system, exemptions, limitations on appraisal and taxes, and property administration; authorizing the imposition of a fee. (Certain parts to take effect at an alternate date.)

Take effect on date showing adoption of constitutional amendment

The following 3

1. SB 2
   • Providing property tax relief through the public school finance system, exemptions, limitations on appraisals and taxes, and property tax administrations; authorizing the imposition of a fee. (Certain parts to take effect at an alternate date.)
2. SB 938
   • Issuance of certain conservation and reclamation districts of bonds for the development and maintenance of recreational facilities.
3. SB 2627
   • Funding mechanisms to support the construction, maintenance, modernization, and operation of electric generating facilities.

Took effect 12/1/23

The following 1

1. HB 3603
   • Payment of restitution by a person released on parole or to a mandatory supervision.

Took effect 1/1/24

30 bills plus the following 44 = 74

1. HB 260
   • Calculation of net to land in the appraisal of open-space land for ad valorem tax purposes.
2. HB 456
   • Exemption from ad valorem taxation of certain interest in a mineral in place owned by certain charitable organizations
3. HB 614
   • Property owners' associations fines.
4. HB 796
   • Creation and maintenance by an appraisal district of a publicly available Internet database of information regarding protest hearings.
5. HB 1058
   • Franchise or insurance premium tax credit for certain housing developments.
6. HB 1228
   • Delivery of certain information under the Property tax code
7. HB 1285
   • Training and duties of taxpayer liaison officer for an appraisal district.
8. HB 1922
   • Periodic reauthorization of municipal building permit fees.
9. HB 2121
   • Form of a rendition statement or property tax report used to render property for ad valorem tax purposes.
10. HB 2323
    • Issuance of specialty license plates commemorating the 100th anniversary of the writing of the state song.
11. HB 2354
    • Eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land following a transfer to a surviving spouse.
12. HB 3186
    • Youth diversion strategies and procedures for children accused of certain fine-only offenses in municipal and justice courts. Related criminal justice matters and authorizing fees.
13. HB 3273
    • Public notice of the availability of the Internet on property-tax-related information.
14. HB 4077
    • Procedure for qualifying for an exemption from ad valorem tax of the residence of homestead of an elderly person.
15. HB 4101
    • Matters that may be subject of limited binding arbitration to compel compliance with procedural requirements related to protest before appraisal review boards.
16. HB 4456
    • Calculation of certain ad valorem tax rates of a school district.
17. HB 4500
    • Electronic verification of health benefits by health benefit plan issuers for certain physicians and health care providers.
18. HB 4645
    • Exemption from ad valorem taxation of certain property used to provide low-income or moderate-income housing.
19. HB 4758
    • Prohibition on certain e-cigarette products; creating a criminal offense.
20. SB 17
    • Diversity, equity, and inclusion at public institutions of higher education.
21. SB 539
    • Manner in which an individual who has elected to defer collection of a tax, abate a suit to collect a delinquent tax, or abate a sale to foreclose a tax lien on the individual's residence homestead is listed on the delinquent tax roll of a taxing unit.
22. SB 719
    • Exemption from ad valorem taxation of property owned by a charitable organization that provides services related to the placement of a child in a foster or adoptive home.
23. SB 1340
    • Local development agreement database maintained by the comptroller of public accounts.
24. SB 1381
    • Eligibility of the survivng spouse of an elderly person who qualified for a local option exemption from a portion of ad valorem taxation to continue to receive an exemption for the same property for the same amount.
25. SB 1577
    • Texas Real Estate Research Center, Real Estate Research Advisory Committee, Texas Real Estate Commission, and Texas Appraiser Licensing and Certification Board; increasing a fee and authorizing a fee.
26. SB 1780
    • Online notarization.
27. SB 1999
    • Calculation of the unused increment rate of a taxing unit.
28. SB 2355
    • Appeal of certain ad valorem tax determinations through binding arbitration.
29. SB 2440
    • Requirement that certain plats for the subdivision of land include evidence of groundwater supply.
30. SB 2603
    • Creation of the Montgomery County Municipal Utility District No 216;granting limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
31. HB 5
    • Agreements authorizing a limitation on taxable value of certain property to provide for the creation of jobs and the generation of state and local tax revenue; authorizing fees; authorizing penalties. (Certain parts to take effect at an alternate date.)
32. HB 9
    • Development and funding of broadband and telecommunications services.
33. HB 1595
    • Administration and investment of certain constitutional statutory funds to support general academic teaching institutions in achieving national prominence as major research universities and driving the state economy.
34. SB 2, 88th 2nd CS
    • Providing property tax relief through the public school finance systems, exemptions, limitations on appraisals and taxes, and property tax administration; authorizing the imposition of a fee. (Certain parts to take effect at an alternate date.)
35. SB 10
    • Certain benefits paid by the Teacher Retirement System of Texas (Certain parts to take effect at an alternate date.)
36. SB 28
    • Financial assistance provided and programs administered by the Texas Water Development Board (Certain parts to take effect at an alternate date.)
37. SB 478
    • Administration of the motorcycle operator training and safety program and requirements for the issuance of certain driver's licenses and commercial driver's licenses; requiring an occupational license; authorizing a fee. (Certain parts to take effect at an alternate date.)
38. SB 604
    • Land services performed by a landman. (Certain parts to take effect at an alternate date.)
39. SB 1145
    • Local option exemption from ad valorem taxation by a county or municipality of all or part of an appraised value of real property used to operate a child-care facility.
40. SB 1444
    • Public retirement systems for employees of certain municipalities. (Certain parts to take effect at an alternate date.)
41. SB 1612
    • Court administration and costs; increasing certain court costs; authorizing fees. (Certain parts to take effect at an alternate date.)
42. SB 1648
    • Centennial parks conservation fund
43. SB 2289
    • Exemption from ad valorem taxation of equipment or inventory held by a manufacturer of medical or biomedical products to protect the Texas healthcare network and strengthen our medical supply chain.

Will take effect 3/1/24

The following 1

1. SB 1794
   • Conditions imposed on an emergency services district that includes a territory in the extraterritorial jurisdiction of certain municipalities.

Will take effect 7/1/24

The following 2

1. HB 4
   • Regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty. (Certain parts to take effect at an alternate date.)
2. SB 2
   • Providing property tax relief through the public school finance systems, exemptions, limitations on appraisals and taxes, and property tax administration; authorizing the imposition of a fee. (Certain parts to take effect at an alternate date.)

Will take effect 9/1/24

The following 7

1. HB 18
   • Protection of minors from harmful, deception, or unfair trade practices in connection with the use of certain digital services and electronic devices.
2. HB 1710
   • Notice provided to a court regarding a defendant confined in a state jail felony facility.
3. HB 3474
   • Operation and administration of procedures regarding the judicial branch, including service of process and delivery of documents, administration of oaths, and management of the Texas Indigent Defense Commission. (Certain parts to take effect at an alternate date.)
4. HB 4510
   • Reporting of certain information by state agencies and counties, including information related to appropriated money, activities of certain consultants, and tax revenue.
5. SB 241
   • Written notification provided by drug manufacturers regarding the cause of generic or biosimilar insulin prescription drug availability.
6. SB 1333
   • Creation of Texas state buildings preservation endowment fund, including the transfer to the fund of the unencumbered balances of certain other funds.
7. SB 1841
   • Family violence center services for victims of family violence.

Will take effect 10/1/24

The following 1

1. HB 3474
   • Operation and administration of procedures regarding the judicial branch, including service of process and delivery of documents, administration of oaths, and management of the Texas Indigent Defense Commission. (Certain parts to take effect at an alternate date.)

Will take effect 1/1/25

The following 6

1. HB 4
   • Regulation of the collection, use, processing, and treatment of consumers' personal date by certain business entities; imposing a civil penalty. (Certain parts to take effect at an alternate date.)
2. HB 1535
   • San Antonio River Authority, following recommendations of the Sunset Advisory Commission; altering terms of office for board of directors. (Certain parts to take effect at an alternate date.)
3. HB 3297
   • Elimination of regular mandatory vehicle safety inspections for noncommerical vehicles and the imposition of replacement fees.
4. HB 3474
   • Operation and administration of procedures regarding the judicial branch, including service of process and delivery of documents, administration of oaths, and management of the Texas Indigent Defense Commission. (Certain parts to take effect at an alternate date.)
5. HB 4504
   • Nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.
6. SB 2
   • Providing property tax relief through the public school finance system, exemptions, limitations on appraisals and tax, and property tax administration; authorizing the imposition of a fee. (Certain parts to take effect at an alternate date.)

Will take effect 4/1/25

The following 1

1. HB 4611
   • Nonsubstance revision of the health and human services laws governing the Health and Human Services Commission, Medicaid, and other social services.

Will take effect 7/1/25

The following 1

1. HB 718
   • Issuance of certain tags, permits, and license plates authorizing the movement of vehicles and the transfer and renewal of certain license plates.

Will take effect 9/1/25

The following 4

1. HB 299
   • Creation of a voluntary accreditation for recovery housing; authorizing fees. (Certain parts to take effect at an alternate date.)
2. HB 3929
   • Adoption by the Supreme Court of Texas of the Uniform Interstate Depositions and Discovery Act. (Certain parts to take effect at an alternate date.)
3. HB 4835
   • Creation and operations of certain health care provider participation programs. (Certain parts to take effect at an alternate date.)
4. SB 2476
   • Consumer protections against certain medical and health care billing by emergency medical services providers. (Certain parts to take effect at an alternate date.)

Will take effect 10/1/25

The following 1

1. HB 3474
   • Operation and administration of procedures regarding the judicial branch, including service of process and delivery of documents, administration of oaths, and management of the Texas Indigent Defense Commission. (Certain parts to take effect at an alternate date.)

Will take effect 1/1/26

The following 1

1. HB 3469
   • Disposition of certain property by the former Boise D'Arc Island Levee Improvement District of Dallas and Kaufman Counties; and record it's dissolution. (Certain parts to take effect at an alternate date.)

Will take effect 1/1/27

The following 1

1. SB 2
   • Providing property tax relief through the public school finance system, exemptions, limitations on appraisals and tax, and property tax administration; authorizing the imposition of a fee. (Certain parts to take effect at an alternate date.)

Other

The following 1

1. HB 3461
   • Creation of funds and accounts, dedication of revenue and allocation of accrued interest on dedicated revenue, and the exemption of unappropriated money from use for general governmental purposes. (Certain parts to take effect at an alternate date.)

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.