TJCTC Updates 8.21.2025

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Mid-Month Updates

Please read this email fully for an important legislative update as well as some great training opportunities (some of them are FREE)!

Important note, if you downloaded Legislative Update Materials prior to 8/21/2025, please re-download the updated version, available today. We apologize, but some new information was provided this week that lead us to change a few slides.

For judges/clerks, changes were made specifically to sections regarding SB 1667, HB 654, and HB 2282. There were no changes made to the 2025 New Fine-Only Offense Chart. For constables/deputies, there were several minor changes made. There were no changes made to the Caselaw Update.


SB 1667 Expunctions

Note: If you attended the 8/19/25 Legislative Update in Corpus Christi, this update includes updated information from our presentation.

This bill applies to expunction petitions filed after 9/1/2025, and made changes to Code of Criminal Procedure Chapter 55A. (Note, this won’t apply to expunctions made other under code provisions, like alcohol offense expunctions.)

It requires district clerks to compile and maintain on their website a list of agencies/entities and their applicable email addresses, so that expunction petitions and orders can be delivered to the appropriate entities electronically.

New Fee: If an agency/entity cannot receive the order electronically, then the court shall charge a $25 fee effective 1/1/2026.

Old Fee: This bill repealed the “Fees in Expunction Proceedings” section. This means that starting 9/1/2025, the $100 fee for CCP Ch. 55A expunctions can no longer be charged. This also means only the new $25 fee discussed above will be charged (after 1/1/2026). Note, this repeal was an error that the legislature is seeking to reverse in the special session. If the new bill passes, the $100 fee will go back into effect 1/1/2026. TJCTC will keep you updated on this situation.

There are also new provisions regarding inspection and disposition of expunction records and retention of mental health records.

Want more info?

Review TJCTC’s legislative update slides on SB 1667

Read SB 1667


Legal Question of the Month

Release of Judgment in Error

A default judgment was granted against the defendant last year. A few months later, there was a Release of Judgment entered in the case. The plaintiff recently realized that the judgment was NOT supposed to be released, they have now submitted a “Motion to Vacate and set aside satisfaction of judgment”. Is this something that is possible, to set aside the release of judgment?

Answer: At this point, it may be best to have a hearing to ensure that there is nothing weird going on or no other mistakes are made, and give notice to both the judgment creditor and judgment debtor.

At the hearing, if the court finds that the release was entered in error, then the court can enter an order withdrawing or striking the release and noting what happened.  This will also give the debtor an opportunity to be heard and know what is going on, as they might have no clue any of this happened.


Upcoming Training Opportunities

8th Annual Judicial Summit on Mental Health

Detailed Agenda Available

The 8th Annual Judicial Summit on Mental Health will be held October 7-8, 2025, at the Royal Sonesta Houston Galleria in Houston, Texas. Capacity for our in-person meeting is limited; we have fewer than 100 in-person spots left. Those who are not able to attend the meeting in person will have the opportunity to live-stream the event from their home or office.

Book your hotel room at the Royal Sonesta Houston Galleria by September 12 to get the Summit room block rate.

Don’t forget, registration is free! Register to attend in-person or online: https://web.cvent.com/event/e401bbc3-30ae-401f-be22-b1b385a958b7/regPage:3a358dcf-21b7-414c-ad7b-06220cc77043


TAC RMP Regional Pool Workshops

Various Dates from September 23, 2025 – October 02, 2025 (multi-day)

TAC Risk Management Pool Regional Workshops are scheduled around the state and are designed to be small, intense and topic-specific. These one-day sessions will cover the latest in risk control, human resources and law enforcement.

Who Should Attend?

Elected and appointed officials, decision-makers for the Pool, human resource directors and managers, workers’ compensation managers, and department managers or supervisors.

Registration Fees The workshops are provided at no cost to county officials and staff.

Learn More and Register: https://www.county.org/education-and-events/calendar-of-events/2025/tac-rmp-regional-pool-workshop/overview


Online Training

Human Trafficking Awareness Initiative from NCSC

NCSC has launched an initiative designed to help courts play an active role in raising awareness of human trafficking. CDL Drivers & Courts: On the Road to End Human Trafficking offers judges a tool to address this issue from the bench—a specialized e-learning course that can be assigned to CDL drivers who appear before the court.

The free, self-paced e-learning course educates commercial drivers on how to identify and report signs of human trafficking, understand reporting procedures, and comply with the No Human Trafficking on Our Roads Act, which imposes a lifetime CDL disqualification for drivers convicted of human trafficking in a commercial motor vehicle. Participants earn a certificate of completion that can be submitted to the court.

Resources for this initiative, including a judicial bench card, are available at https://www.ncsc.org/cdlhtainfo. Note, if you are a judge or clerk who completes this course and would like TJCTC Credit, please email your certificate to Jessica Foreman at jessforeman@txstate.edu.


Disaster Relief Help

Do members of your community still need disaster relief aid? 

You can share the following link to resources from Texas Rio Grande Legal Aid with your community.https://www.trla.org/disaster

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Updates 3.17.2025

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Lots of Legal Information

This update is full of legal information and updates. Make sure to scroll all the way to the bottom for a new resource you can share with your communities as well. 

There are also several great webinars and trainings coming up, both from TJCTC and other outside groups. 

Clarifications & Updates from Recent Classes

CDL Issued by Mexico

The Legislature changed how the law operates for people who aren’t authorized under federal law to work in the United States but are operating a CMV using a CDL issued by Mexico. HB 4337 modified Transportation Code Sec. 522.015 to state that people who meet that description are only allowed to operate the vehicle in counties which border Mexico.

“Over Group of Axles”

Courts have begun seeing citations for “over group of axles” in some areas. Transportation Code Sec. 621.101 provides three different weight restrictions related to axles. (a)(1) limits a single axle weight to 20,000 pounds, (a)(2) limits a tandem axle weight (two axles directly adjacent to one another) to 34,000 pounds, and subsection (a)(3) limits the overall gross weight on a “group of two or more consecutive axles.” The limit for the “group of axles” is determined by the formula listed in Sec. 621.101(a)(3), which is based on the number of axles and the distance between them.

Legal Question of the Month

Question: We have several juveniles that had 2 charges filed on them in a single incident. How do we handle this with Juvenile Diversion?

Answer: This situation is not expressly dealt with in the juvenile criminal diversion statutes.

Therefore, it is ultimately up to the court how they want to handle the citation/charges.  

TJCTC’s position is that the court should handle the charges together and divert both if the standard eligibility elements are met, the charges are not traffic offenses, and both charges are in one citation.

In support of our position, CCP Art 45.310, in part, says, “If a charge involving a child who is eligible for diversion is filed,” and CCP Art. 45.301 defines “charge” as “a formal or informal allegation of an offense, including a citation, written promise to appear, complaint, or pending complaint.”

Thus, if two alleged offenses are contained in one citation, that meets the definition of “charge” in CCP 45.310, and the court may divert both charges in one agreement.

We also recommend speaking to the other JPs in your county to see if you can all come to an agreement on how this situation will be handled in your county.  This would help ensure fairness and predictability for juveniles in your area. 

Caselaw Updates

Staley v. State

No. 02-23-00053-CR, Issued 3/6/25 from the Second Court of Appeals in Fort Worth

Question: Is a search warrant affidavit that only relies on the officer’s “training and experience” and no other specific facts in support enough to search electronic devices found in a home where the search warrant is executed.

Holding: No. There was no connection established between the crime being investigated and the defendant’s electronic devices. 

What does this mean for justices of the peace who sign search warrants? This case is a good reminder that the affidavit must go beyond just boilerplate language and include articulable facts connecting the items being searched for with evidence of the crime being investigated. This case is in line with the Baldwin case from the Court of Criminal appeals

Spots filling fast! (Judges Only)

There are still spots open for justices of the peace at the annual Impaired Driving Symposium held July 30-31 in Denton.

Visit the TAC website for more information and to register: https://www.county.org/education-and-events/calendar-of-events/2025/impaired-driving-symposium/overview

Upcoming TJCTC Webinars

Law & Literature Webinar

April 10th from 2:00 – 3:00 pm

Do you want to get paid to be part of a book club?  Join TJCTC’s webinar to discuss the book “Maid” that intersects the art of storytelling and the legal field.

Judge Brad Cummings from Hopkins County and TJCTC Attorney John Lackey will lead the discussion regarding the book.  Also, feel free to watch the Netflix series based on the book and be ready share your thoughts!

Register for the webinar: https://txstate.zoom.us/webinar/register/WN_Er9LPQhaTl2jltrLKgyicQ#/registration

Clearing Your Docket While Helping Your Community: An Update

June 5th from 2:00 – 4:00 pm

This webinar will be an overview of strategies to clear criminal case dockets while ensuring that indigent defendants’ rights are protected.

It will include information about Omnibase holds, waiver of fines and fees, community service plans, other indigent assistance strategies, and include relevant legislative updates

Register for the webinar: https://txstate.zoom.us/webinar/register/WN_spcexLIFROSVykhcZrpsZg#/registration

Rescheduled TAC Training

Judicial Forum on Mental Health (Judges Only)

The Judicial Forum on Mental Health will give county judges and justices of the peace information about the nature of mental illness in the courts, crucial legislative updates and how to create important partnerships.

August 14, 2025 – August 15, 2025

08:00 AM – 05:00 PM

DoubleTree by Hilton Hotel Austin 6505 N. Interstate 35
Austin, TX 78752

Register for the Judicial Forum: https://www.county.org/education-and-events/calendar-of-events/2025/judicial-forum-on-mental-health/overview

Family Help Link

Texas Law Help has partnered with the various legal aid organizations around Texas to create one form for Texans to use to request legal help and resources when it relates to a legal issue that involves a child’s health, stability, safety, or security.

This is a great resource to have handy to share with your local constituents and anyone who comes into your court seeking help with these issues.

Check out the Family Help Link: https://texaslawhelp.org/family-help-link

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TJCTC Updates 11.22.2024

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Hello

We have lots to share this week! There are some important legal updates and reminders as well as training opportunities, so make sure to scroll all the way to the bottom.

Inquest Week

Recordings are live! If you missed the live webinars or would like to re-watch a session, click the button below to view the recordings.

Remember, if you weren’t present for the live webinar, you can always submit a form to receive credit for the recording.

Watch the recordings on the TJCTC Virtual Programs Page: https://www.tjctc.org/onlinelearning/virtualprograms.html

JPs in the News

Take a look at the KXAN project, “A Hanging on Backbone Creek,” featuring the Hon. Rick Hill, from Brazos County and Hon. Debra Bindseil, from Burnet County.

This news story is delving into the inquest process in Texas after an investigative report about an unsolved murder from 59 years ago.

Check out the article on KXAN’s website: https://www.kxan.com/backbone-creek/legal-history/

Legal Topic of the Week


Statements of Inability to Pay

This topic is always important to court personnel and judges who interact with litigants on civil cases, and TJCTC receives questions daily about the procedures surrounding these Statements, contests, and other related procedures.

Question: Can a court reject the Statement of Inability to Pay Court Costs if it is not complete?

Answer: No. The clerk has a clerical duty to accept documents filed with the court for processing, and the Statement of Inability is no exception. If it looks like a litigant might not understand the form or needs assistance, it is always okay to refer them to legal information like the resources we discuss at the end of this Update.

Question: Does a Statement of Inability to Pay Court Costs have to be notarized?

Answer: No. The Statement can either be notarized, or it could be sworn to under penalty of perjury. Only one is required. Also remember, a court clerk or judge can give the oath to a litigant and swear to their signature, even if they are not a notary.

Do you have more questions? Search the Civil Deskbook and the Evictions Deskbook for “Statement of Inability.” There are several sections of the Deskbooks that discuss this topic in details.

Access the fillable Statement of Inability to Pay: https://texaslawhelp.org/sites/default/files/2023-02/tlsc_fee_waiver_02_2023.pdf

Caselaw Update


First Amendment Right to View Magistration Hearings

The Fifth Circuit Court of Appeals held that a closed magistration hearing violates the First Amendment. The case is Texas Tribune v. Caldwell County. In Caldwell County at the time the lawsuit was filed, magistration occurred via videoconference. The defendant was in the county jail. No counsel, family, friends, or press were present at the magistration hearing. The sheriff had a policy of prohibiting access to the jail to observe magistration. The federal district judge granted a preliminary injunction against the county, meaning that the federal judge found a substantial likelihood that the two news outlets and an advocacy organization would succeed at trial.

The court of appeals recently affirmed the trial court’s ruling. The three-judge panel stated, “There can be no question that public access to bail hearings plays a significant positive role in the functioning of bail hearings.” While there may be exceptions, they found that there is a presumptive First Amendment right to access to magistration hearings.

It is unclear how counties are going to respond to this ruling. Like Caldwell County has chosen to do, other counties may comply by streaming the proceedings via Zoom and YouTube. This seems to be the most accepted method, because magistration hearings often take place in a secure location in the jail where there could be safety and liability issues for the public to be physically present during the hearings. Because your county attorney would represent you in any litigation, it’s important that you seek their advice on this important issue.

Read the case: https://www.ca5.uscourts.gov/opinions/pub/24/24-50135-CV0.pdf

TAC Mental Health Conference

The Texas Association of Counties would like to invite all justices of the peace to their upcoming Judicial Forum on Mental Health on January 9-10, 2025, in Austin.

To register, visit: www.county.org/jfmh

Justice Court Section Webinar: Debt Claim Cases – Defaults in Justice Court – A View from the Bench 12/6/2024

Join the Justice Court Section of the State Bar of Texas as Hon. Ralph D. Swearingin, Jr. and Daisy Espinoza present Debt Claim Cases – Defaults in Justice Court – A View from the Bench.

Friday, December 6, 2024 at noon

After registering, you will receive a confirmation email with a link to join the webinar.

Register: https://us06web.zoom.us/meeting/register/tZUtceigpjgpHtIrJeddTuKVH2PIek4LZDiM#/registration

Webinar: Chat with a Forensic Pathologist 12/11/2024

Dr Michael Baden is a renowned, 90 year old forensic pathologist who has been chief medical examiner for the city of New York, chairman of the house select committee on assassinations, investigated the assassination of John F Kennedy, the OJ Simpson murders, and many other well known cases.

Wednesday, December 11, 2024, at 4:00 pm.

Note: this event will be an in-person chat with the famous doctor, sponsored by AD Valor Technical Cleaning in Dublin OH. Click below to watch via Zoom.

Register: https://us06web.zoom.us/webinar/register/WN_ASz6mHutSvyyjQFBRFzGiA#/registration

TJCTC Webinar: Children in the Courts 12/17/2024

This webinar will explore juvenile diversions including potential issues related to language access, mental health concerns, and disabilities. This course satisfies the requirement of Government Code Sec. 22.1105.

Tuesday, December 17, 2024, at 2:00 pm.

Note: An extension of this course will also be offered as a general session at the 20-hr Conferences during this academic year.

Register: https://txstate.zoom.us/webinar/register/WN_BnXHlI0cRhaEuGveolXNBQ#/registration

Texas Law Help

Did you know that you can refer people to www.texaslawhelp.org when they have questions about how to complete a Statement of Inability to Pay for Court Costs?

There are several resources on their website, including a video for litigants to watch on how to fill out the forms.

Also note, they have a fillable version of the Statement on their website that is user-friendly.

Access other resources related to this week’s legal topic on their website: https://texaslawhelp.org/article/court-fees-and-fee-waivers


Do you have questions about this email or have something we should share? Please email Amber Myers at a_m1814@txstate.edu with any questions or content to share.

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