Texas legislative update guardianship penal code




















The defense to prosecution would not be available if the peace officer was arresting the individual at the time, if he or she was committing another crime or has previously been convicted or placed on deferred for a drug offense.

It prohibits a state agency, political subdivision, or law enforcement officer from receiving state funds if the entity contracts with or provides assistance in any way to a federal agency related to firearms registration, background checks, confiscation programs or firearm sales. House Bill removes a firearm silencer from the list of weapons that are prohibited in Texas, so it is no longer an offense to possess a silencer.

The bill also establishes that firearm suppressors that are manufactured and remain in Texas are not subject to federal law or regulation. This legislation prohibits the release of the name of a school employee who is accused of an improper relationship between an educator and student until the employee is indicted for the offense.

There are exceptions, however. Under this statute, inmates sentenced for continuous trafficking of children are ineligible for parole unless both parties enter into an agreement at the time of trial.

Judges, upon motion of the prosecutor, would be required to make an affirmative finding that the parties had entered into an agreement and enter the finding into the case judgement. This legislation puts fentanyl in a new category, Penalty Group 1-B, and increases the penalties for people convicted of manufacturing or delivering fentanyl.

The penalties are:. The law also specifies that anyone convicted of the new offense for an amount more than four grams is not eligible for probation or deferred adjudication. This new law requires counties to send text messages to defendants about scheduled court appearances by The Office of Court Administration is tasked with developing and making available to each county at no cost a court reminder program.

If the law enforcement agency discovers any additional information at any time after the case is filed, they must promptly disclose it to the prosecutor. Senate Bill requires law enforcement to obtain a warrant to install a mobile tracking device. Applications for the warrant must be supported by a sworn affidavit with substantial facts establishing probable cause. House Bill requires the Department of Family and Protective Services DFPS to inform an alleged perpetrator in a child abuse or neglect investigation that the suspect has the right to record the interview, and they also have the right to request an administrative review of the departments findings after the investigation.

House Bill , Signed June The punishments would be increased one level, so if an offense was a Class A misdemeanor, for example, it would be elevated to a state jail felony. First-degree felonies would not be increased. The increased punishments apply to arson, criminal mischief, criminal trespass, breach of computer security, harassment, stalking, or fraudulent use of possession of identifying information.

The offense of continuous sexual abuse of a young child is now extended to include disabled individuals of any age. The offense of continuous sexual abuse of a young child or disabled individual is a first-degree felony punishable by 25 years to life in prison with no possibility for parole. HB , Signed June 9. People who assault a process server while he or she is performing their job now face increased punishment.

House Bill makes assault a third-degree felony punishably by up to 10 years in prison and aggravated assault a first-degree felony punishable by up to life in prison if the actor knew the person was performing a duty as a process server. SB , Signed June 7. It is now a third-degree felony to damage, destroy or steal an ATM machine. HB , Filed without Governors Signature.

House Bill authorizes the parole board to grant early release to an inmate who participates in the Texas Department of Criminal Justice TCDJ education and vocational pilot training program. The bill requires TDCJ to annually identify at least inmates who are suitable candidates for participation in the pilot program and requires the Office of Court Administration of the Texas Judicial System to develop and annually provide a training program to educate and inform judges on the components of the pilot program.

The bill also removes a condition that a judge may impose on a state jail felony defendant being placed on community supervision requiring the defendant to submit to confinement in a state jail felony facility for a term not to exceed 90 days at the beginning of the community supervision.

This legislation prohibits professional organizations from suspending or revoking a professional or occupational license or certificate from a person who successfully completes deferred adjudication probation and has had their case dismissed. There are exceptions, however, if the profession for which the license was sought involved direct contact with children or if the offense:. Legislative Reference Library of Texas your partner in legislative research.

Sessions and years Bill statistics Member statistics Bill effective dates Legislative deadlines Session summaries Special sessions Legislative staff lists. Carrillo Gubernatorial inauguration materials Water resources research guide School finance litigation archive. Skip navigation links. Legislative Archive System Direct search. Advanced search. Project status. Index to Sections Affected 67th—75th sessions.

Find similar bills. Sections amended by multiple bills. Conference committee reports. Constitutional amendments Search. Election dates. Vetoes Overridden vetoes. State budget Appropriations acts. Redistricting Legislation. Guardianship management trust changes. SB includes a new notice provision and trust termination provisions for guardianship management trusts established under Chapter of the Estates Code.

Certain county courts at law may hear trust matters. Dealing with an incapacitated guardian. HB and HB amended Section SB supported by the statutory probate judges amends Section Serving out-of-state distributees in heirship proceeding. For distributees outside Texas, the section was amended to permit any disinterested person to serve the citation.

Recording a non-English foreign will. An authenticated copy of the will and the order admitting it to probate in the foreign jurisdiction may be filed in the real property records without further proof or authentication. In Section Financial abuse of the elderly is a crime. HB adds Section This includes financial exploitation by a fiduciary. The offense ranges from a Class A misdemeanor to a first degree felony, depending on the value of the property taken or appropriated. SB amends Section Expedited death certificates.

If this applies, the death certificate must be provided within 48 hours unless an inquest will be conducted. View Printer Friendly Version. Email Article to Friend.

Texas Probate Web Site -- Home. Contact Us. Information for Consumers. About this Site. Frequently Asked Questions. Information for Professionals. Mailing List Information. Mailing List Policies. Skip navigation links. Sessions and years. Bill statistics. Member statistics. Bill effective dates, 87th Legislature 86th Legislature. Legislative deadlines. Session summaries. Special sessions Special sessions and years. Frequently asked questions. Statutory authority.

House rules. Senate rules. Texas Attorney General opinions. Legislative staff lists. In addition, the following bills have sections which became effective immediately: HB 3 Relating to public school finance and public education; creating a criminal offense; authorizing the imposition of a fee.

HB Relating to membership on and the eligibility of certain persons to serve on the board of certain property owners' associations. This Act takes effect September 1, , except Section HB Relating to the transfer of certain real property held by the Department of Public Safety of the State of Texas and the transfer of jurisdiction over and management of the Star of the Republic Museum to the Texas Historical Commission.

This Act takes effect September 1, , except Article 1 takes effect immediately. SB 7 Relating to flood planning, mitigation, and infrastructure projects. This Act takes effect immediately; Article 2 takes effect January 1, , but only if HJR 4 is approved by the voters.

SB Relating to the creation of the criminal offense of indecent assault, to judicial protection for victims of that offense, and to certain criminal acts committed in relation to that offense.

This Act takes effect September 1, , except Section 16 takes effect immediately. Section 11 takes effect only if the comptroller determines that Sections 14 and 69, HB 7, 85R, took effect as provided by HB 7, and Section 12 takes effect only if the comptroller determines that Sections 14 and 69, HB 7, 85R, did not take effect as provided by HB 7. SB Relating to a reporting requirement for certain incidents of sexual harassment, sexual assault, dating violence, or stalking at certain public and private institutions of higher education; creating a criminal offense; authorizing administrative penalties.

SB Relating to the use of individual graduation committees and other alternative methods to satisfy certain public high school graduation requirements. This Act takes effect immediately, except Section 3 takes effect September 1, SB Relating to making supplemental appropriations and reductions in appropriations and giving direction, including direction regarding reimbursement, and adjustment authority regarding appropriations.

This Act takes effect immediately, except Sections 74 a , 75 a , 76 a , and 77 a have no effect. SB Relating to emergency management and disaster recovery. This Act takes effect September 1, , except Sections 1, 2, 3, 4, 5, 6, and 9 take effect immediately.



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