2025 Legislative priorities
Click on the bill numbers to view the full bills
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“Relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.”
This bill would make simple possession of up to an ounce of cannabis flower a Class C misdemeanor – explicitly removing the risk of arrest and incarceration, instead directing the officer to issue a citation instead. For context, Class C misdemeanors are punishable by a fine of up to $500, with no possibility of jail time. Currently simple possession of cannabis is a Class B misdemeanor, which carries penalties of up to 180 days in jail and a $2,000 fine. Cannabis arrests negatively impact the court system and derail the lives of peaceful cannabis consumers.
“Relating to the temperature at which a facility operated by the Texas Department of Criminal Justice is maintained.”
This would require that correctional facilities take measures to install HVAC systems so that temperatures do not drop below 65 degrees Fahrenheit or rise above 85 degrees Fahrenheit by September 2026. Currently there is no policy regarding maintenance of temperatures in correctional facilities- meaning there is no AC in the summer nor heat in the winter. With increasing extreme temperatures due to climate change this is dangerous, even deadly for our incarcerated folks across Texas. This is a human rights issue, point, blank, period!
“Relating to the temperature at which a facility operated by the Texas Department of Criminal Justice is maintained.”
This is the House bill identical to SB 169. This is often a method in case the same bill doesn’t make it out of one arm in the legislature, then it has a chance of making it out a second time under a different bill number. If passed it would require that correctional facilities take measures to install HVAC systems so that temperatures do not drop below 65 degrees Fahrenheit or rise above 85 degrees Fahrenheit by September 2026.
AGAINST
“Relating to the authority of the governing body of a home-rule municipality to submit a proposed charter amendment to the voters for approval if application of the provisions of the amendment would be contrary to state law.”
This bill would allow city officials to deny a charter amendment initiative from being placed on the ballot even though it has received enough signatures of support from city voters and invokes the right of a home-rule city to self-govern. For example, passing the decriminalization or de-prioritization of arrests for low-level marijuana possession, which a judge has already supported as legal to do for home-rule cities in court.
“Relating to the authority of the governing body of a home-rule municipality to submit a proposed charter amendment to the voters for approval if application of the provisions of the amendment would be contrary to state law.”
This bill restricts release on bail even for some misdemeanors, increasing the number of people jailed pretrial. lt also prohibits personal bonds in more cases, requiring cash bonds. This a direct attack on pre-trial justice, expanding the harmful use of money bail and pre-trial detention, which disproportionately hurts everyday working-class Texans who simply cannot afford to buy their freedom.
Current law allows magistrates to set bail amounts for people accused with an offense. This law would prohibit magistrates in certain counties from setting bail for anyone charged with one of the offenses listed in the bill, requiring district judges to take on that role. District judges typically operate normal 9-5, M-F business hours, while magistrates typically operate 24/7. Many people will sit in jail for long periods of time before a district judge is able to set bail.
Finally this bill gives prosecutors unilateral power to challenge a judge’s bail decision, which requires that a person be held in jail even longer while pending a decision on the appeal. Just another way to keep working class people in our already overcrowded jails even longer, disrupting their lives and punishing people for not being able to afford higher bails, even for minor offenses.
“Relating to the regulation of consumale hemp products and the hemp-derived cannabinoids contained in those products; requiring a registration; imposing fees; creating criminal offenses; providing an administrative penalty.”
Senate Bill 3 aims to significantly restrict the legal market for hemp products by banning THC and nearly all other cannabinoids. If passed, the bill would allow consumable hemp products to include only cannabidiol (CBD) or cannabigerol (CBG). We know that many people rely on THC for medicinal reasons of all sorts whether physical pain, mental health, and more. Many local business owners rely on the sale of cannabinoids to make a living as well in a time where many are struggling to make ends meet. Cannabinoids have always had the ability to strengthen our local and state economy.
Reasonable regulations, such as age restrictions, clear labeling, and testing standards, can address concerns surrounding the sale of and use of cannabinoids. The Department of State Health Services should be empowered to enforce these rules effectively, ensuring a safer marketplace- rather than ban cannabinoid products altogether. Regulate these products, don’t ban them!
“Relating to certain files maintained by a law enforcement agency regarding certain employees of the agency.”
This bill would prohibit a law enforcement agency from releasing information contained in an officer/deputy’s employment record to another agency or individual requesting this information. This includes their disciplinary records, meaning that transparency projects such as copthedata.com could no longer be updated to track and provide officer suspension and misconduct records to the public. Our tax dollars fund our law enforcement agencies and pay their employees’ salaries- we deserve to be able to inquire into police employment & disciplinary records to know who is patrolling our streets!
“Relating to certain files maintained by a law enforcement agency regarding certain employees of the agency.”
The identical bill to SB 781 in the Texas House of Representatives. This is often a method in case the same bill doesn’t make it out of one arm in the legislature, then it has a chance of making it out a second time under a different bill number.
“Relating to deputy sheriff civil service appeals of certain sheriff’s department actions.”
This would allow a deputy who is appealing a suspension of 3 days or more, or a termination, to take the appeal to an outside hearing examiner instead of the civil service commission already in place for such appeals. Remember that broad discretion given to outside arbitrators is what led to San Antonio Police Department having one of the highest rehire rates for fired officers in the nation from 2017-2021- some even being rehired multiple times before being terminated a final time.
In a study by Rushin (2021) covering 624 arbitrations, data showed that arbitrators reduced or overturned police officer discipline in 52% of these cases. In 46% of cases involving termination, arbitrators ordered police departments to rehire previously terminated officers. On average, arbitrators reduced the length of officer suspensions by approximately 49%. That’s a lot of suspensions and terminations being overturned that a police chief, sheriff, and/or civilian review board found to be justified- making our streets even less safe!
“Relating to applicability of the civil service system for municipal firefighters and police officers and sheriff’s departments.”
This would end the ability of city voters to opt in or out of Chapter 143 for municipal firefighters and/or police officers and Chapter 158 for county sheriff’s departments. It would be automatic for municipalities or counties with a certain population size, rather than allowing voters to decide how they would like their local law enforcement to be governed and organized, including disciplinary measures for bad officers. This takes away local control of our own local law enforcement, who we fund through our tax dollars.
Chapter 143 includes many disciplinary loopholes that have been highlighted as problematic and directly responsible for certain fired or suspended officers being rehired or having their suspension reduced after clear, dangerous actions and violations of department policy. Find out more about these dangerous barriers at: https://fixsapd.org/about/10-problems/
It should be noted that there are several different Loval Government Code Chapters city firefighters and police can negotiate chapters under that do not include such disciplinary loopholes, and give more of a voice to the community members and taxpayers in the process- such as Chapters 142 in San Marcos or Chapter 147 in Dallas.
“Relating to the protection of an unborn child’s rights and criminal liability and justification for prohibited conduct.”
This bill seeks would modify several aspects of state law, including changing the legal definition of “individual” to include a fetus from fertilization until birth. It further amends sections of the Penal Code and Civil Practice and Remedies Code to ensure that criminal and civil statutes treat harm to an unborn child similarly to harm to a born person- meaning murder charges for pregnant persons or healthcare providers involved in facilitating an abortion.
We stand against criminalizing the healthcare of pregnant persons or healthcare providers for providing necessary reproductive care. We also stand with the right to bodily autonomy. This dangerous bill, if passed, will lead to further reproductive healthcare providers leaving our state, more maternal fatalities in Texas, and will set a dangerous precedent for other states to follow suit.
“Relating to a political subdivision’s authority to use public money in the provision of legal services for individuals unlawfully present in the United States.”
This would make any Immigrant Legal Defense Funds that exist in counties or cities illegal. In Bexar County, nearly 66% of individuals were forced to defend their immigration case without an attorney. Considering the nearly impossible undertaking of forcing a person without legal expertise to defend themselves, especially in a language they aren’t fluent in, it is no surprise that most people in deportation proceedings in Bexar County lose their immigration cases. At the San Antonio Immigration Court, judges denied asylum claims nearly 74% of the time from 2016-2021.
This highlights the need for legal representation for Bexar County community members. For immigrants fighting against deportation, having an attorney could mean the difference between being able to stay in Bexar County or being torn from their family, community and the life they have built in the U.S. Dedicated legal representation enhances due process and fairness for people facing an immigration legal system that is unfairly punitive and unjust.
“Relating to the enforcement of state and federal immigration laws by state agencies, local entities, and peace officers; creating a civil penalty.”
This would mandate that an officer has a duty to investigate a person’s immigration status if they fail to provide identification even when detained on reasonable suspicion of an offense. There is a wealth of evidence proving that laws authorizing or forcing local law enforcement agents to investigate immigration offenses leads to racial profiling. Citizens and immigrants with permission to be in the U.S. would be at risk of wrongful arrest, detention, and deportation. This move will also distract police officers from investigating heinous crimes, deter victims of human trafficking from coming forward, and in turn, make our communities less safe.
“Relating to housing and placement of inmates and children according to biological sex.”
This would require that adult or juvenile inmates be placed in the housing facility according to their sex at birth. This can be dangerous for transgender individuals, especially if they have transitioned or are in the process of doing so. Not only does it violate their civil rights, but puts them at physical risk of sexual harassment, discrimination, and even sexual assault or rape.
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