Texas 2025 - 89th Regular

Texas Senate Bill SB2878

Filed
3/14/25  
Out of Senate Committee
5/7/25  
Voted on by Senate
5/12/25  
Out of House Committee
5/24/25  
Bill Becomes Law
 

Caption

Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government, including court security, court documents and arrest warrants, document delivery, juvenile boards, constitutional amendment election challenges, mandatory expunction for certain persons, record retention, and youth diversion; increasing a criminal penalty; authorizing fees.

Impact

If enacted, SB2878 would have a broad impact on Texas state laws about judicial administration. For instance, the mandatory expunction provisions could significantly affect individuals with criminal records, providing clearer pathways for record cleaning. Additionally, the introduced youth diversion strategies may alter how young offenders are treated in the legal system, emphasizing rehabilitation over punishment. The updates to judicial procedures may also improve efficiency in court operations, allowing for quicker resolutions in civil and criminal cases alike.

Summary

SB2878 aims to reform various aspects of the operation and administration of the judicial branch in Texas. Key provisions include enhancing court security, modifying procedures for handling court documents and arrest warrants, and establishing practices for document delivery. Notably, the bill mandates expunction in certain cases and introduces guidelines for retention of records in programs aimed at pretrial intervention. Furthermore, the bill addresses the role and responsibilities of juvenile boards and introduces measures related to youth diversion from the criminal justice system, signaling a shift toward rehabilitative approaches for minors.

Sentiment

The sentiment surrounding SB2878 appears to reflect a mixed reaction among lawmakers and advocacy groups. Advocates for criminal justice reform generally support the bill's focus on rehabilitation, particularly for youth. They argue that the elements promoting diversion and expunction are progressive steps towards reducing recidivism. Conversely, some members of the legislature express concern over specific provisions related to fees and the potential for increased litigation, fearing that these changes could complicate ongoing judicial processes rather than streamline them.

Contention

Key points of contention involve the law's implications for court administration and the financial responsibilities imposed on the judicial system. Critics argue that without adequate funding, the mandates for court security and record retention may overburden the judicial system, especially in underserved areas. Additionally, discussions about how the bill addresses fees associated with document processing may lead to debates regarding accessibility to the justice system, highlighting concerns that fees could impede equity for low-income individuals seeking legal resolutions.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 24. District Courts
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: 127
    • Section: 451
    • Section: 127
    • Section: 451
    • Section: 537
    • Section: 127
    • Section: 451
  • Chapter 25. Statutory County Courts
    • Section: 0092
    • Section: 0212
    • Section: 0212
    • Section: 1101
    • Section: 1102
    • Section: 0003
    • Section: 0007
    • Section: 0022
    • Section: 1723
    • Section: 0003
    • Section: 0007
    • Section: 0062
    • Section: 0092
    • Section: 0092
    • Section: 0003
    • Section: 0212
  • Chapter 54. Masters; Magistrates; Referees; Associate Judges
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 22. Appellate Courts
    • Section: New Section
  • Chapter 43. District Attorneys
    • Section: New Section
  • Chapter 46. Professional Prosecutors
    • Section: New Section
  • Chapter 62. Petit Juries
    • Section: 0132
    • Section: New Section
    • Section: New Section
  • Chapter 74. Court Administration Act
    • Section: 061
  • Chapter 29. Municipal Courts
    • Section: New Section
  • Chapter 30. Municipal Courts Of Record
    • Section: 00007

Code Of Criminal Procedure

  • Chapter 19a. Grand Jury Organization
    • Section: 101
    • Section: 105
    • Section: New Section
    • Section: 101
    • Section: 051
    • Section: 101
    • Section: 105
    • Section: New Section
  • Chapter 45. Justice And Municipal Courts
    • Section: New Section
    • Section: New Section
    • Section: New Section

Human Resources Code

  • Chapter 152. Juvenile Boards
    • Section: 0191
    • Section: 1551
    • Section: 1621
    • Section: 0191
    • Section: 1551
    • Section: 1621
    • Section: 00145
    • Section: 1551
    • Section: 1621
  • Chapter 42. Regulation Of Certain Facilities, Homes, And Agencies That Provide Child-care Services
    • Section: 0426

Civil Practice And Remedies Code

  • Chapter 30. Miscellaneous Provisions
    • Section: 015
    • Section: 015

Health And Safety Code

  • Chapter 574. Court-ordered Mental Health Services
    • Section: 001
    • Section: 001

Tax Code

  • Chapter 34. Tax Sales And Redemption
    • Section: New Section
  • Chapter 25. Local Appraisal
    • Section: 025

Transportation Code

  • Chapter 521. Driver's Licenses And Certificates
    • Section: 243
    • Section: 121

Family Code

  • Chapter 53. Proceedings Prior To Judicial Proceedings
    • Section: 01
    • Section: 01
  • Chapter 58. Records; Juvenile Justice Information System
    • Section: New Section

Election Code

  • Chapter 141. Candidacy For Public Office Generally
    • Section: New Section
  • Chapter 13. Application For Registration; Initial Registration
    • Section: 0021

Property Code

  • Chapter 21. Eminent Domain
    • Section: 049

Companion Bills

TX HB5060

Identical Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.

Similar Bills

TX HB5060

Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.

TX SB42

Relating to the security of courts and judges in the state; establishing a fee.

TX SB1749

Relating to the confidentiality of certain information for commissioners and employees whose duties relate to the administration of the judicial branch of state government and the commissioners' and employees' family members.

TX SB1134

Relating to address confidentiality on certain documents for certain federal officials and family members of certain federal officials or federal or state court judges.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.