New Laws Taking Effect
You may have noticed a new slide on our front page reminding constables that SB 1333 took effect this week, but don’t forget, that’s not the only new law already in effect!
For a full list of bills that have taken effect already, please see the TJCTC Legislative Page and review the materials available to you there. This Update is all about important changes from the legislature, including hot topics still being discussed in the special session, benefits now available to judges and court staff, and Rules updates as a result of the new laws.
Why don’t new court fees and costs go into effect until January 1, 2026?
Government Code Sec. 51.607 requires new or amended court costs and fees (not fines) to go into effect January 1, following the legislative session, even if the bill creating or amending them goes into effect prior to that date.
This is also the statute requiring OCA to create costs and fees charts. (To be updated soon on their website – https://www.txcourts.gov/publications-training/publications/filing-fees-courts-costs/)
What is an example of this from this legislative session?
HB 2282 – Warrant Fee
A warrant fee assessed as costs (when applicable) to a convicted defendant will now be $75 instead of $50.
If the fee is assessed before 1/1/26, the fee is $50. If it is assessed on or after 1/1/26 AND the offense date is on or after 9/1/25, the fee is $75.See the updated CCP Art. 102.011(a) & Gov’t. Code Sec. 51.607.
New Supreme Court Rule
Texas Rule of Judicial Administration 12.5
Effective September 1, 2025, The Texas Supreme Court amended Rule of Judicial Administration 12.5 to give effect to HB 5129.
What changed?
The amendments added more personal/family information into the Rule that will be exempt from disclosure when Judicial Records are requested (note, this is different from the rules regarding disclosure of Case Records).
Want to see the changes for yourself? Here is the advisory – https://www.txcourts.gov/media/1461161/259062.pdf
To review the difference between Judicial Records and Case Records, please see Chapter 2 of the Recordkeeping and Reporting Deskbook on the TJCTC Deskbook Page. Note, while this change is already in effect, the Supreme Court may make additional amendments as a result of public comment. As usual, we will keep you updated if any changes occur.
Legal Question of the Month
What is a Squatter??
Squatters have been a hot topic over the last few years, and a new bill, SB 1333, was even called the “Squatter Bill” by the media and others.
So, what is the legal definition of a squatter?
A squatter is a person who commits a forcible entry and detainer (FED) by entering the real property of another without legal authority or by force and refuses to surrender possession on demand. Property Code Sec. 24.001.
It does not count as a FED if the person enters with the consent of:
– A person in actual possession of the property;
– A tenant at will or by sufferance; or
– A person who acquired possession by forcible entry (a squatter).
So, if a person has consent when they enter, they aren’t a squatter!
This definition is very important for some of the new updates to evictions and landlord/tenant law that we saw out of this legislative session. Many of these updates don’t go into effect until January and will be discussed in detail at legislative updates and upcoming conferences and workshops. However, we have had several questions about SB 1333 that we answered in an email to constables and deputies earlier this week. You can read it on The Docket – https://docket.wp.txstate.edu/2025/08/29/civil-process-updates-8-29-2025-important/.
Mass Fatalities & Disaster Relief
After the devastating floods this summer, inquests and mass fatality trainings have been not only a hot topic at the legislature, but also a topic of concern among justices of the peace. No one wants to be caught off guard going into such a hard situation.
Some good news is that we have several trainings available to help justices of the peace get prepared and know who to call when disaster strikes.
There are two recordings for credit that are related to this topic on the Recordings for Credit Page – Have you heard of TMORT? and Resources for Mass Fatalities.
There is also a great self-paced module with helpful information called Unidentified Bodies on the Self-Paced Module Page.
As always, if any new laws from the special session pass and require additional training, we will keep judges in the loop. In the meantime, we will have multiple inquest classes at our regular conferences for judges to brush up on their skills in addition to our library of online resources.
Have something great to share? Email Amber Myers at a_m1814@txstate.edu.
