A Blog about 88th Legislature Laws
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.
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.
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.
HB 2384 - Requirements for candidates for or holders of judicial offices
HB 2626 - Internet availability for political contributions and expenditures
HB 2800 - Meetings of county election board
HB 3372 - Reporting political contributions and expenditures made using a credit card
HB 5180 - Public inspection of election records
Published: 2025-02-26
This specifically applies to candidates for chief justice or justice of the supreme court; presiding judge or judge of the court of criminal appeals; chief justice or justice of the court of appeals; district judge; and judge of statutory county court.
Applicant's must include their state bar number for Texas and any other state where they are licensed to practice law. They must disclose any public sanctions or censure, disciplinary sanctions by Texas or other state bars. They need to disclose the nature of their legal practice and professional courtroom experience for the preceding 5 years. And they must disclose any Class A or Class B misdemeanors for the preceding 10 years.
A candidate for an appellate court, court of criminal appeals, or supreme court, that has not held a prior judicial position, must also disclose a description of their appellate court briefs for the preceding 5 years and oral arguments before those courts for the preceding 5 years.
All new judges, including those absent from being a sitting judge for more than 1 year, must complete at least 30 hours of instruction. Judges must annually complete at least 16 hours of instruction after the first year. Any judge failing to meet the requirements shall be suspended until they are in compliance. Failure to be in compliance and engaged in willful or persistent conduct that is inconsistent with their duties can be removed from office.
A report is completed annually that measures performance of district courts, statutory county courts, statutory probate courts, and county courts. It includes the court's clearance rate; average time a case is before the court before disposition; and age of the court's active pending caseload.
A specialty certification for attorneys in judicial administration is being created. It will require the completion of 21 hours of continuing legal education to maintain the certification. A judge holding the certification may be entitled to additional compensation. Unfortunately this sounds good on paper - we are creating a program to ensure their are qualified candidates that want to be judges in the future. But in reality it means that if you hold it for a long time you will be viewed as more qualified regardless of the reality that others without it may be just as qualified. So it further enforces that candidates for judges will be from larger and larger firms where potential candidates have more backing to be able to pay for more things than potential candidates from small firms.
The reports that are filed by candidates are made available on the internet but specific address information may be removed from those making donations. The city, state and zip code information must remain available.
County election board meetings must be in person and open to the public. The county clerk shall post notice of the meetings in the county's internet website.
A contribution includes the amount deducted for credit card processing, and the processing fee is included in expenditures. However, if the contribution pays the fee, then this amount is not included as part of the contribution. This makes sense because the political candidate may not have the exact amount of the fee if they are not the ones paying it.
61 days after election day, the custodian of election records must make available the original voted ballots for public inspection. Personally identifiable information must be redacted.
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