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TexasHB 162089th Legislature Regular SessionHouseWALLET

Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 88th Legislature to other Acts of that legislature.

Sponsored By: Nathan Johnson (Democratic), Jeff Leach

Became Law

Statutory Revision

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Bill Overview

Analyzed Economic Effects

53 provisions identified: 36 benefits, 6 costs, 11 mixed.

Children get diversion before guilty judgments

Eligible children can enter diversion before or after charges are filed, initially for no more than 180 days. Diversion must serve the child's best interests and long-term community safety. The child and parent must knowingly accept an agreement explaining the terms, duration, rights, and outcomes. For an eligible child who does not contest the charge and accepts the agreement, charges cannot be filed or must be dismissed. After a bench-trial record supporting guilt or a jury guilty verdict, courts must offer eligible children diversion instead of a guilty judgment. Acceptance requires placement in diversion; declining leads to a guilty judgment and sentencing. Families can end prefiling diversion at any time, sending the case to court.

Kids gain court payment alternatives

At conviction, child defendants can choose community service or tutoring instead of paying fines and costs, unless diversion is required. This choice applies regardless of where the offense occurred; paying remains an option. Secured custody is generally barred for offenses alleged before age 17, with exceptions under Articles 45A.453 and 45A.454. With governing-body approval, local entities can hire, share, or contract for juvenile case managers and use youth diversion funds for contracts. They can seek state reimbursement for some or all costs by submitting juvenile-offense reduction and youth diversion plans.

Parents can resolve school attendance charges

Courts must dismiss a parent's charge under Education Code Section 25.093 after timely completion of a school attendance agreement. The agreement must be with the school district under Section 25.094. The district can agree to extend the completion deadline.

Protective orders cover indecent assault victims

Courts must issue a protective order when they find reasonable grounds to believe an applicant experienced indecent assault. The order must state the required findings. This adds indecent assault to existing grounds such as sexual assault, stalking, and trafficking.

Coordinated sickle cell care through Medicaid

Beginning April 1, 2025, the health commission must work with sickle cell experts and organizations to the extent possible. Initiatives help managed care plans promote timely care based on evidence, national guidelines, and medical need. The commission must support provider education and use existing data to identify ways to reduce hospital admissions and readmissions. It must also use that data to connect Medicaid recipients with sickle cell care teams or experts.

Home monitoring equipment for high-risk pregnancies

When the health commission finds high-risk pregnancy home monitoring clinically effective and cost-effective, it must provide eligible Medicaid recipients suitable equipment. Equipment is for temporary home use, as state and federal law allow, with eligibility set by commission rules. The first month requires prior approval based on an in-person assessment; extensions require proof of ongoing medical need. Medicaid does not pay during hospitalization or time away from home. Equipment includes uterine and pregnancy-related high blood pressure monitors when cost-effective, feasible, and clinically appropriate.

Medicaid drugs gain temporary review coverage

The state's vendor drug program must include qualifying drugs and drug codes in the federal Medicaid Drug Rebate Program. A certificate of information must be submitted and approved or pending review. Pending drugs suitable for outpatient pharmacy dispensing must receive temporary coverage. That coverage ends at the earlier of 90 days after submission or the state's decision; denied drugs are removed upon denial.

Medicaid patients keep drug list exceptions

Beginning April 1, 2025, Medicaid must allow exceptions when a preferred drug is harmful, unsuitable, or likely ineffective. Exceptions also cover drugs stopped after an adverse event or lack of effect, and shortages outside a plan's control. They protect stable nonpreferred antidepressants or antipsychotics prescribed before hospital discharge when switching could cause complications. Plans do not face liquidated damages for preferred-list noncompliance when an exception applies.

More generic options on Medicaid lists

Medicaid preferred drug lists must include all versions with the same treatment effect for each generic drug already listed. The health commission must also create a faster review process for plans and providers requesting drug additions. The law sets no deadline for that review and does not guarantee an addition.

Pregnant Medicaid members get needs screening

Beginning April 1, 2025, STAR Medicaid plans must screen pregnant members for health and nonmedical needs, including pregnancies not considered high risk. Results guide service coordination, referrals, and decisions about fuller assessments. Coordination includes noncovered services, community supports, and resources the plan identifies as helpful. Plans must explain that pregnant members can refuse or stop screening or program services anytime without retaliation in other services. Providers in the case management program for children and pregnant women must complete trauma-informed training. Training covers social services, community help, domestic violence, coercive control, informed consent, and refusal or withdrawal rights.

Vaccine status cannot alone block care

Medicaid and Texas Child Health Plan providers cannot refuse care solely because an enrollee refused or missed a vaccine. Providers may require vaccination if they accept oral or written conscience exemptions or exemptions for recognized medical contraindications. Oncology and organ-transplant specialists are excluded. The state must withhold reimbursement from violating providers until it finds them compliant.

Qualifying homeowners avoid yearly exemption applications

An approved Section 11.37 property tax exemption continues without yearly applications while ownership and the owner's qualification stay unchanged. The chief appraiser can request a new application by sending written notice and an application form. For owners age 65 or older, cancellation for failure to reapply remains subject to the protections in Subsection (q), when applicable.

Some massage applicants regain licensing eligibility

The law removes listed massage-license disqualifiers for convictions, guilty or no-contest pleas, and deferred adjudications under Penal Code Sections 22.011 or 22.021. This applies to massage establishment, massage school, massage therapist, and massage therapy instructor licenses. Offenses under Penal Code Chapter 20A remain listed disqualifiers. Removing these grounds does not guarantee a license.

Medicaid can end condition-specific home monitoring

After implementation, the state can stop Medicaid home monitoring and reimbursement for a particular condition. It must determine that monitoring for that condition is not cost-effective and clinically effective. This authority applies to that condition, not the entire home monitoring program.

Diversion options for children facing charges

Children can enter diversion for fine-only misdemeanors, excluding traffic offenses, with written consent from the child and parent. Entry is limited to once every 365 days; prior unsuccessful diversion or an objection from the state's attorney bars entry. Terms can include services, testing, treatment, up to $100 in property-offense restitution, or up to 20 community-service hours. Each justice and municipal court must adopt a youth diversion plan and make it available for public review. Local governments can create regional plans with service-provider agreements and optional law-enforcement guidelines.

Medicaid home monitoring eligibility rules change

For listed diagnoses, Medicaid home monitoring requires at least one qualifying risk factor instead of two. The law adds kidney failure and dialysis conditions and replaces the six-month falls rule with documented fall risk. Limited support and living alone no longer count as qualifying risk factors. Home monitoring must be available to children with end-stage solid organ disease, an organ transplant, or a need for mechanical ventilation. The state or Medicaid plans may cover unlisted conditions and risk factors when monitoring is clinically effective and cost-effective. Covered home care agencies, health centers, rural clinics, and hospitals must share monitoring information with the recipient's doctor.

Children's diversion records erased at eighteen

A child's covered diversion records must be erased automatically on the child's 18th birthday, without a request. Other records created under the diversion rules are confidential, except statistical records. Courts must keep statistics for each authorized diversion strategy.

Eligible drivers can add plate emblems

Beginning September 1, 2025, holders of eligible Section 504.202 license plates can request one emblem from a Section 504.335 plate. They must also be entitled to that other plate. Plates issued under Section 504.202(h) are excluded.

Record clearing includes arrest-related DNA records

For the specified record-clearing procedures, arrest records include DNA records and records of specimen collection and transfer to state police. These records can be included when a person qualifies for expunction. People eligible under Article 55A.006 can apply through the state prosecutor where they live or where the alleged offense occurred.

Caregiver safeguards for Medicaid disability residents

Covered providers must check caregivers' state and federal criminal histories and receive electronic arrest and conviction updates. This covers residential care for Medicaid recipients with intellectual or developmental disabilities in authorized homes serving no more than four people. Care must occur outside the caregiver's own home. Specified convictions bar covered care for the statutory period and require immediate discharge. Beginning April 1, 2025, a commission finding of reportable conduct requires immediate suspension through applicable appeals and a final administrative judge decision. Reportable conduct includes specified abuse or neglect, sexual abuse, financial exploitation of $25 or more, and harmful emotional, verbal, or psychological abuse.

Drivers can voluntarily share health details

Beginning September 1, 2025, original, renewal, and duplicate driver's license and state ID applications must allow specified health information. Applications must also allow the specified medical and emergency-contact details. Sharing is optional, and state police must maintain records of health-condition information voluntarily provided under the listed laws.

Home monitoring includes more care providers

Beginning April 1, 2025, home telemonitoring includes sending scheduled patient health data to federally qualified health centers, rural health clinics, and hospitals. These providers join licensed home and community support services agencies as recognized recipients of the data. Home telemonitoring also means remote patient monitoring; the definition alone does not guarantee coverage or payment. Medicaid home monitoring providers must create a care plan with measures of results for each recipient. They must share the plan and measures with the recipient's doctor.

Medicaid plans get member contact guidelines

Beginning April 1, 2025, the executive commissioner must adopt and publish guidelines for Medicaid managed care member communications. They cover calls, texts, and emails using contact information from Medicaid applications or authorized updates. The guidelines do not create a new payment or covered benefit.

Border officers gain property record privacy

U.S. Customs and Border Protection officers and border patrol agents can use appraisal-record confidentiality protections. Their spouses, surviving spouses, and adult children also qualify. This expands property-record privacy, not a property tax exemption or reduction.

Weekend holiday time for youth-agency staff

Eligible Texas Juvenile Justice Department employees earn one hour of compensatory time off for each hour worked on a weekend holiday. They must be required to work on a national or state holiday falling on Saturday or Sunday. Eligible staff perform incident reporting center communications and help the department's inspector general law-enforcement officers with investigations.

Criminal courts gain staffing venue options

Denton and Grayson counties recognize magistrates appointed by district or statutory county court judges. Felonies committed by people civilly committed under Chapter 841 can be prosecuted where an offense element occurred or in the commitment court. When the state's attorney is absent as trial is called, a judge can temporarily appoint a competent attorney. The appointee may receive a reasonable fee.

Disabled victims' continuous abuse classified violent

The criminal procedure definition of violent offense includes continuous sexual abuse of a disabled individual under Penal Code Section 21.02. The definition also includes continuous sexual abuse of a young child. The classification applies when other provisions rely on that definition.

More local officers qualify for certification

Police officers in an added category of municipalities can apply for certification under Transportation Code Section 644.101. The municipality must be within 20 miles of an international airport. Its county must contain an active quarry and have more than 150,000 but fewer than 170,000 residents. That county must also border a county with more than two million residents.

More officers receive Texas legal designations

Texas peace officer designations expand to specified education officers, municipal fire personnel, dental board officers, and Alamo complex rangers. Covered municipal fire personnel must hold permanent peace officer licenses; dental board officers and Alamo rangers remain subject to statutory limits. The law also revises the Texas Juvenile Justice Department officer designation. School district and campus officers commissioned under Education Code Sections 37.081 or 51.203 become authorized peace officers under Chapter 18B.

Prosecutors must approve specified criminal complaints

In counties with more than 2.5 million residents and no county attorney, the district attorney must approve Section 32.41 complaints. Approval is required whether or not the district attorney starts a collection proceeding. Judges cannot issue warrants for that offense without district attorney approval of the supporting complaint or affidavit.

Communities gain mental health grant opportunities

The state must accept applications for excess community mental health grant funds when appropriations exceed the previous year's total grants. Eligible applicants include groups not selected the previous year and prior recipients needing more funding. A parallel rule covers excess funding petitions from community collaboratives. The state must also help collaboratives that include a county with fewer than 250,000 residents submit petitions. Neither rule guarantees an award or sets an award amount.

Community care grants favor targeted partnerships

When grant money is appropriated, the health commission must give special consideration to new community collaboratives. Priority also covers new or expanded collaboratives serving at least two counties, each with fewer than 100,000 residents. Another priority covers groups serving an average of at least 50% of people experiencing homelessness in the applicable federal Continuum of Care area. That average uses the last three Point-in-Time surveys. Grant recipients must document a local law-enforcement policy directing appropriate people from jails, detention, or covered mental health facilities to affiliated services. Priority does not guarantee an award or direct household eligibility.

Rural areas gain behavioral care authority

When money is appropriated, the health commission must contract with nonprofits or government entities to establish or expand centers. Behavioral health or jail diversion centers must serve areas of local mental health authorities located primarily in rural Texas. Services include beds for justice-system patients, treatment to restore trial competency, and inpatient and outpatient care. Centers also provide services aimed at reducing repeat offenses, arrests, incarceration, and emergency detention. No appropriation amount is specified.

Schools strengthen student threat reporting channels

Each school district campus must provide a clear way for students to report concerning behavior by another student. A threat assessment team or appropriate school employee reviews the report. District employees reporting potential threats can choose to keep their identities confidential and outside public disclosure. Districts must record those identities and can disclose them when needed by the team, district, or police to investigate.

One water district gains rule exemption

The water district governed by Special District Local Laws Code Chapter 8261 is exempt from Water Code Section 54.016(f). The law removes that requirement for this district. It states no change to household water rates, allocations, or service.

State support fund includes allocated revenue

The state fund under Government Code Chapter 420 includes revenue allocated under Tax Code Section 183.054. That revenue supports entities served by the fund. The law states no allocation amount or direct payment to households.

Health programs gain billing accounting flexibility

When federal law allows, STAR Medicaid plans must be allowed to count community health worker services as quality improvement costs. Those costs need not be classified as administrative expenses. If cost-effective, the state can expand Medicaid billing tools to other benefit programs it administers and collect information about their recipients. These administrative changes do not directly alter household eligibility or benefit amounts.

Local agencies get federal funding help

Beginning April 1, 2025, Texas must provide timely, complete federal funding information to public entities coordinating health and human services. Regional, county, and municipal entities must also have access to technical help when seeking federal grants. This requirement does not directly create household payments or change eligibility.

Some cities gain hotel-tax project options

For cities covered by Tax Code Section 351.1015(b)(3) or (4), qualified hotel-tax projects now include specified venues and related infrastructure. The added venues are those described by Local Government Code Section 334.001(4)(A). The law sets no funding amount or hotel tax rate change in this provision.

Deferred cases can require paid treatment

During a deferral period, judges can require defendants to complete an alcohol-awareness or substance-misuse treatment or education program. Defendants must pay the program reimbursement fee unless the judge finds them indigent and unable to pay.

Medicaid drug approvals can start earlier

The law removes the bar on requiring drug prior approval before the Drug Utilization Review Board considers the drug. Medicaid recipients can therefore face an earlier approval requirement. The 24-hour telephone response rule remains, along with authorization of a 72-hour emergency supply when the response is late.

Community service limits some injury claims

Specified officials, employees, and entities accepting defendants for community service receive protection from damages claims. It covers qualifying acts or failures to act connected with court-ordered service. It excludes intentional conduct, willful or wanton negligence, conscious indifference, and reckless disregard for others' safety.

Special district can use eminent domain

The special district governed by Special District Local Laws Code Chapter 8002 can use eminent domain under its applicable law. Its authority begins 90 days after submitting the required letter to the comptroller. The letter had to be submitted by December 31, 2015. The provision states no compensation amount or formula for affected property owners.

Some data centers lose tax exemptions

Data centers with specified agreements limiting their property's appraised value cannot claim sales tax exemptions under Sections 151.359 and 151.3595. The restriction covers agreements under former Tax Code Chapter 313, Subchapter B or C. It does not create a household tax rule.

Second chances after children fail diversion

After unsuccessful diversion, the court must hold a hearing that is not adversarial. It can change diversion, extend it up to one year from its start, or allow up to 60 more days to comply. It can also find substantial compliance or send the case to juvenile court or for possible refiling. Courts can order reasonable steps by parents and enforce those orders through contempt. Orders cannot interfere with parental rights unless needed to prevent significant harm to the child's physical, mental, or emotional health.

Youth diversion fees include hardship waivers

Court clerks can collect a one-time $50 youth diversion fee only when included in the parent's accepted agreement. The fee can only cover youth diversion operations, and no other fee can be assessed for the diverted child. Courts must waive it for parents who are indigent or lack enough income or resources. Diversion cannot depend on payment. For an unpaid fee, courts can order payment only after hearing the parent and finding the parent can afford it.

Family case management gets provider standards

Beginning April 1, 2025, case managers for children and pregnant women must complete state-required standardized training. They must also qualify as a listed nurse, social worker, certified community health worker, or certified doula. Nurses with associate degrees must meet additional work-experience or recent supervised-training requirements. Receiving these services does not replace a Medicaid plan's separate duty to provide service coordination.

Medical rides move toward managed delivery

Beginning April 1, 2025, the state cannot delay managed delivery of medical transportation in two qualifying county groups. One has at least 1 million residents, includes part or all of a city of at least 1 million, and borders a county of at least 2.5 million. The other has 60,000 to 70,000 residents and borders a county with 500,000 to 1.5 million residents. The rule changes service delivery, not stated benefit amounts.

Border agents gain limited felony powers

Federal border patrol agents who complete the required state training gain arrest, search, and seizure powers for Texas felonies. These powers apply only at designated ports of entry or border patrol traffic checkpoints. The action must be incident to a detention under federal law.

School officer training certification coverage changes

Active shooter training certification rules cover peace officers at public primary and secondary schools and institutions of higher education. This replaces the rule's stated coverage of training for students or employees. Individual instructors must be commission-certified. When an entity provides training, both the entity and instructor must be certified.

Local mental health authorities face audits

The Texas Office of Inspector General must conduct performance audits of each designated local behavioral health authority and local mental health authority. It must also require financial audits of each authority. These duties add oversight and audit requirements, but do not directly change household eligibility, services, or payments.

Matching grants support family mental health

When money is appropriated, the health commission must establish matching grants for early mental health intervention and treatment for children and families. Applicants must meet eligibility rules, with priority for groups serving children and families at high risk of crisis or mental health conditions. Recipients must supply matching money equal to at least 10% of the grant. Grant and matching funds are limited to specified resilience, coping, social, relationship, and parenting strategies. Funds cannot pay costs another source must cover or replace non-Medicaid federal funding; administration is capped at 5% of appropriated program money.

State institutions plan for fragile patients

Beginning April 1, 2025, departments responsible for state-operated institutions must maintain service plans covering at least six years. Plans must address the medical needs of the most medically fragile people served. The law also narrows required plan-content references, retaining Government Code Section 525.0156 and Chapter 2056 while removing Sections 525.0154 and 525.0155.

Sponsors & Cosponsors

Sponsors

  • Nathan Johnson

    Democratic • Senate

  • Jeff Leach

    House

Cosponsors

  • David Spiller

    House

Roll Call Votes

All Roll Calls

Yes: 421 • No: 32

Senate vote • 5/14/2025

Record vote

Yes: 0 • No: 0

Senate vote • 5/14/2025

Record vote

Yes: 0 • No: 0

House vote • 5/7/2025

Record vote

Yes: 148 • No: 0

House vote • 5/6/2025

Record vote

Yes: 141 • No: 4

House vote • 4/29/2025

Record vote

Yes: 114 • No: 28

Senate vote • Unknown

Committee vote: Administration

Yes: 7 • No: 0

House vote • Unknown

Committee vote: Judiciary & Civil Jurisprudence

Yes: 11 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    5/28/2025House

  2. Filed without the Governor's signature

    5/28/2025House

  3. Sent to the Governor

    5/16/2025House

  4. Signed in the Senate

    5/16/2025Senate

  5. Signed in the House

    5/15/2025House

  6. Reported enrolled

    5/15/2025House

  7. Senate passage reported

    5/14/2025House

  8. Record vote

    5/14/2025Senate

  9. Passed

    5/14/2025Senate

  10. Read 3rd time

    5/14/2025Senate

  11. Record vote

    5/14/2025Senate

  12. Three day rule suspended

    5/14/2025Senate

  13. Vote recorded in Journal

    5/14/2025Senate

  14. Read 2nd time & passed to 3rd reading

    5/14/2025Senate

  15. Laid before the Senate

    5/14/2025Senate

  16. Placed on local & uncontested calendar

    5/14/2025Senate

  17. Recommended for local & uncontested calendar

    5/12/2025Senate

  18. Reported favorably w/o amendments

    5/12/2025Senate

  19. Vote taken in committee

    5/12/2025Senate

  20. Considered in public hearing

    5/12/2025Senate

  21. Scheduled for public hearing on . . .

    5/12/2025Senate

  22. Referred to Administration

    5/8/2025Senate

  23. Read first time

    5/8/2025Senate

  24. Received from the House

    5/7/2025Senate

  25. Reported engrossed

    5/7/2025House

Bill Text

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