Legislative Blog

J.B. Williams, J.D.


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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 have worked my way through to the Transportation Code. The Utilities and Water Code will follow.

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Blog Summary

SB 1207 - pensions and benefits of fire and police department

SB 1373 - Estate code minor changes

SB 1401 - Deals with forensic medical exams for victims of sexual assault



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3 bills that modify several different Codes

Published: 2026-08-02

SB 1207 - 32 pages

There are modifications to Vernon's Texas Civil Statutes definitions section. Ensures that a mayoral designee on a committee position would expire the same time as the major is no longer the mayor.

To ensure no loss of credits, a member of the fire or police department may pay the amount equal to what they would have paid had they been active. This allows them to restore credits during a short term of not being with the department. This repayment must be elected and paid during a short time of their return to the department.

The terms for ensuring disability during this time have been modified, and there is board involvement in making these decisions.

A retirees disability retirement can be suspended if they fail to provide an income tax return to the board.

There are some additional rules regarding rollovers. Annual income limits from those first becoming a member prior to 1996 are $405,000 and those after being $270,000. These numbers are to be adjusted for cost of living.

Children adopted after retirement are not entitled to death benefits. Adjustments are made to computations for death benefits to spouses and children for those who die in the line of duty.

SB 1373 - 30 pages

For estates, qualified delivery includes hand delivery by courier, certified or registered mail, or private delivery service. Service can now also be done by private delivery service not just mail.

The interest of a surviving spouse in community property that was solely managed by the deceased spouse is subject to the liabilities of the surviving spouse. The interest of the deceased spouse in community property that was solely managed by the surviving spouse passes to the deceased spouse's heirs and is charged with the liabilities of the deceased spouse.

SB 1401 - 28 pages

Evidence collected from a victim of a sexual assault may not be used against them to prosecute a misdemeanor offense.

A forensic exam is available at no cost to the victim if:

  1. the victim is a minor, then as soon as someone who is able to consent does so;
  2. if the victim is not a minor then if:
    1. arrive at a provider within 120 hours of the assault;
    2. if later than 120 hours, then they are referred to for a forensic medical exam by law enforcement or by a physician/ sexual assault examiner/ nurse examiner for evaluation

The costs of a testifying licensed medical care professional can be paid by law enforcement or the office of the attorney representing the state.

 


J.B. Williams, J.D.

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


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