Editor’s Note: In the interest of space, information detailing several of the bills below has been condensed and summarized. For a thorough explanation of each bill, please go to https://bit.ly/co-clerk-89th-leg. Our thanks to Rockwall County Clerk Jennifer Fogg for providing this information, which includes non-election legislative updates. Election-related legislation is referenced near the end of this article.
HB 1193 – Effective 9.1.25 Relating to the confidentiality of certain information on a marriage license, an application for a marriage license, and a declaration of informal marriage. This will change the application within the Records Management System
HB 1522 – Effective 9.1.25 Relating to notice of a meeting held under the open meetings law. Amends Government Code Section 551.043 to require public meeting notices to be posted at least three business days in advance, replacing the previous 72-hour requirement. It adds a new requirement that if a meeting will involve discussion or adoption of a budget, the notice must include either a physical copy of the proposed budget or a link on the government’s homepage. Additionally, a taxpayer impact statement showing for a median-valued homestead property comparing current and projected property tax bills in dollars pertaining to the property for the current fiscal year to an estimate of the property tax bill in dollars for the same property for the upcoming fiscal year must be included for budget meetings involving taxing units if: 1) the proposed budget is adopted; and 2) for or a taxing unit as defined by Section 1.04 of the Tax Code, other than an ISD, where a balanced budget funded at the no-new-revenue tax rate as calculated under Chapter 26, Tax Code is adopted. These provisions do not apply to governing boards of a general academic teaching institution or of a university system under Section 551.1281.
HB 2282 – Effective 9.1.25 Relating to the amount of the reimbursement fee paid by a defendant for a peace officer’s services in executing or processing an arrest warrant, capias, or capias pro fine.
HB 3376 – Effective 9.1.25 Relating to training on Alzheimer’s disease, dementia, and related disorders for certain guardians
HB 3512 – Effective 9.1.25 Relating to artificial intelligence training programs for certain employees and officials of state agencies and local governments. Amends Government Code, Sections 2054.5191(a), (a-1), (b), (c), and (e) to add that an artificial intelligence training program certified under Section 2054.5193 is required to be completed at least once a year by local government employees and elected and appointed officials who have access to a local government computer system or database and use a computer to perform at least 25 percent of the employee’s or official’s required duties; these will be reported in the same fashion as the yearly cybersecurity training verification and are subject to periodic audits for compliance.
HB 4063 – Effective 9.1.25 Relating to the filing and release of record of a unilateral memorandum of contract concerning residential property.
HB 4202 – Effective immediately Relating to proof of identity of a person making an acknowledgment of a written instrument in a residential real estate transaction.
HB 4219 – Effective 9.1.25 Relating to a governmental body’s response to a request for public information. Amended Government Code 552.221 to add Subsections (f) and (g), 552.301(b) and Chapter 552 Subchapter H by adding 552.328. Governmental bodies must respond to public information requests within 10 business days by either providing the information, citing a prior determination, or requesting a decision from the attorney general. If no responsive information exists, or if the information is being withheld under a previous determination, the requestor must be notified in writing within the same timeframe. A new enforcement mechanism allows requestors to file a complaint with the attorney general if the governmental body fails to comply. Consequences for noncompliance include mandatory training, waived fees, and stricter deadlines for withholding information.
HB 4350 – Effective 6.20.25 Relating to the omission or redaction of certain personal information from certain real property records.
HB 4466 – Effective 9.1.25 Relating to restrictions on the fee assessed for issuance of certain birth records.
HB 4996 – Effective 9.1.25 Relating to increasing the criminal penalty for the offense of refusal to execute the release of a fraudulent lien or claim.
HB 5081 – Effective 9.1.25 Relating to the protection of personal identifying information of certain persons in the judicial system; creating a criminal offense.
HB 5534 – Effective 9.1.25 Relating to permitting a County Commissioners Court to post their agendas on digital screens at the county courthouse. Amends Section 82.051(b), Local Government Code and Government Code Section 551.049. A county clerk may post an official and legal notice including the agenda for a meeting of the Commissioners Court by electronic display instead of posting a physical document. An electronic display of information posted under this section using a device described by Subsection (a)(1) must meet the location, time, and accessibility requirements provided by law for the posting of the notice. An electronic display of information posted under this section on a county’s public internet website must meet the time requirements provided by law for the posting of the notice.
SB 9 – Effective 9.1.2025 Relating to the confinement or release of defendants before trial or sentencing, including regulating charitable bail organizations, and the conditions of and procedures for setting bail and reviewing bail decisions.
SB 40 – Effective 9.1.25 Relating to the use by a political subdivision of public funds to pay bail bonds; authorizing injunctive relief.
SB 53 – Effective 9.1.25 Relating to the certain notice and filing requirements in court proceedings involving persons with mental illness.
SB 65 – Effective 5.19.25 Relating to the adoption of uniform rules for hours of work for certain county employees. Amends Section 157.021(a), Local Government Code by lowering the population threshold from 355,000 to 265,000 to allow the Commissioners Court to adopt and enforce uniform rules regarding the hours of work of department heads, assistants, deputies, and other employees whose compensation is set or approved by the Court.
SB 384 – Effective 9.1.25 Relating to making a donation to the operation game thief fund when applying for a hunting or fishing license.
SB 387 – Effective 9.1.25 Relating to bond requirements for certain judges. Amends Government Code Sections 25.0006(a-1) and (a-4), and amending Government Code Section 26.001. The bond increased to not less than $500,000 for a Constitutional County Court Judge presiding over guardianship proceedings as defined by Estates Code Section 1002.015 – removing the population threshold.
SB 503 – Effective 9.1.25 Relating to the establishment of an electronic registry of livestock marks and brands.
SB 647 – Effective 9.1.25 Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property.
SB 693 – Effective 9.1.25 Relating to creating a criminal offense for the use of a notary seal or counterfeit seal on a fraudulent document or instrument.
SB 746 – Effective 9.1.25 Relating to guardianship matters. Amends Estates Code Section 102.013, 1054.0511(a), 1054.054(b), 1054.056(a) related to the guardian ad litem meaning a person appointed by a court to represent the best interests of an incapacitated person or a proposed ward. Amended Estates Code Section 1055.001(b) related to a person who has the interest that is adverse to a proposed ward or incapacitated person, not being permitted to file an application to create a guardianship or for the appointment of a guardian or file a motion or complaint to request the removal of a guardian or contest the request for removal of a guardian.
SB 1062 – Effective immediately Relating to the type of newspaper required for publication of public notices. Amends Government Code Section 2051.0441(b) and adds Subsection (b-1). This change allows government entities to publish notices in digital newspapers. B-1: In lieu of publishing a notice in a newspaper under subsection (b), a governmental entity may publish a notice in a digital newspaper if the digital newspaper has an audited paid-subscriber base, has been in business for at least three years, employs staff in the jurisdiction of the governmental entity, reports on local events and governmental activities in the jurisdiction of the governmental entity, provides news of general interest to the people in the jurisdiction of the governmental entity and updates its news at least once a week. This section only applies to a notice published by a governmental entity or representative in a county with a population of at least 30,000 and not more than 42,000 that borders the Red River; or that does not have a newspaper described by Section 2051.044 published in the county.
SB 1120 – Effective 9.1.25 Relating to rights of a victim, guardian of a victim, or close relative of a deceased victim in certain criminal cases involving family violence, sexual or assaultive offenses, stalking, or a violation of a protective order or condition of bond.
SB 1333 – Effective 9.1.25 Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling; creating criminal offenses; increasing a criminal penalty; authorizing a fee.
SB 1335 – Effective 9.1.25 Relating to decedents’ estates. Letters issued under court’s seal. Changes how to remove personal representative.
SB 1448 – Effective 9.1.25 Relating to decedents’ estates and other matters involving probate courts.
SB 1547 – Effective immediately Relating to fees charged by county clerks for certain property records.
SB 1734 – Effective 9.1.25 Relating to status of certain documents or instruments purporting to convey title to or an interest in real property.
SB 1760 – Effective 9.1.25 Relating to guardianships for persons who are incapacitated; changing a fee. This provides clarity for transferring guardianships between different counties.
SB 1839 – Effective 9.1.25 Relating to the delivery of a will in probate proceedings transferred to other courts.
SB 1940 – Effective 9.1.25 Relating to authorizing a beneficiary designation that transfers a manufactured home classified as personal property at the owner’s death.
Texas Election Laws
The Texas Association of County Election Officials (TACEO) published a comprehensive report on election law updates resulting from the Regular Session of the 89th Texas Legislature. Our thanks to TACEO Legislative Chair/Hays County Elections Administrator Jennifer Doinoff for providing us with this report, available at https://bit.ly/election-leg-update.
The following is an explanation of one of the major elections bills:
SB 2753 – Effective 9.1.25
The changes in law apply only to an election ordered on or after the date the secretary of state publishes a report that is explained in the statute as follows:
As soon as practicable after the effective date of this Act, but not later than August 1, 2027, the secretary of state shall:
(1) adopt rules and prescribe procedures required for the implementation of this Act; and
(2) publish a report in the Texas Register stating that the secretary:
(A) has consulted with county election officials in this state; and
(B) is confident that the counties in this state are prepared to implement the provisions of this Act. – https://bit.ly/SB2753
Summary:
Change the timing of early voting. Early voting for most elections would have begun on the 12th day before the election and continue through the day before the election, including weekends and holidays. Voting on the first weekend of the early voting period would be conducted for the same amount of time as voting during the week: a minimum of nine hours per day, no earlier than 6 a.m. or later than 10 p.m. Voting on the last four days of the early voting period would be required to be conducted for at least 12 hours on each day, except that voting would be required to be offered for only nine hours on the Sunday before the election.
- Require each polling place used during early voting to be used as a polling place on election day.
- Repeal a provision of law that limits the number of counties that may participate in the countywide polling place program.
- Make a conforming change to the statute specifying when a county with a population of 100,000 or more may begin counting mail ballots to ensure that this still occurs on the fourth day before election day.
- Permit the consolidation of county election precincts with fewer than 3,000 registered voters if the small precinct is the result of changed boundaries after redistricting and the consolidation is necessary to avoid unreasonable expenditure.
- Limit a precinct that is consolidated in this way to the maximum size prescribed by current law, which is 5,000 registered voters.
- Change the rules for the combination of precincts.
- Consolidate the processing for ballots voted in person during the early voting period and those voted on the day of the election.
- Change the rules for security of voted ballots to conform to the changes made by the changes in the early voting period.
- Repeal a number of statutes that would become obsolete due to the creation of a single voting period.
Other election-related bills standardize logic and accuracy testing across Texas, ban cell phones inside the polling location, (no more 100-foot rule), and establish a new process to help voters by mail with correcting mistakes on envelopes, summarized Sherman County and District Clerk Laura Rogers. Additional details are available at https://bit.ly/election-leg-update.