89th Texas Legislative Session in Review
An unusually eventful legislative session for the Texas legal community
Lawmakers made several notable changes during the 98th legislative session of interest the legal community. Key areas of reform included judicial pay, the Texas Business Court, the judicial complaint process, and the powers of the attorney general.
Judicial Pay
After decades of inaction, the legislature enacted substantial judicial pay raises. The measure nearly failed in the Senate due to a last-minute disagreement, prompting a weekend memo from Chief Justice Blacklock urging lawmakers to at least “find a short-term solution.” They went further. The legislature finally decoupled judicial pay from legislator pensions—a long-standing arrangement that had suppressed judicial salaries. Lawmakers have hesitated to raise judicial pay, fearing it would be seen as self-enrichment. But Senate Bill 293 ends that link beginning in 2030, assuming Governor Greg Abbott signs it into law. The bill also raises base judicial pay by 25 percent, just below the 30 percent recommended by the Texas Judicial Compensation Commission last year.[1]
Texas Business Court
House Bill 40 expanded the jurisdiction of the new Texas Business Court. That court now has jurisdiction over cases involving intellectual property, arbitration, and attorney or accountant malpractice. The legislature also removed the sunset provision that would have ended the court in 2026, making the Business Court a permanent institution. In addition, the bill lowers the amount-in-controversy threshold from $10 million to $5 million for many cases.
Judicial Complaint Process
The legislature revised the judicial complaint process to increase accountability and efficiency. Courts must now act on complaints within a specified timeline. The Commission on Judicial Conduct may penalize those who file false complaints. Commission staff may also recommend early dismissal of investigations they view as meritless.
Powers of the Attorney General
Lawmakers passed several bills expanding the attorney general’s authority.
· Senate Bill 888 allows the attorney general to represent district or county attorneys in federal cases related to state law enforcement.
· Senate Bill 509 requires courts to give at least two hours' notice before emergency hearings under the Texas Election Code.
· Senate Bill 992 mandates attorney general approval for state agency legal-services contracts.
· House Bill 45 grants the attorney general the power to prosecute human trafficking violations.
What Did Not Pass
Equally noteworthy is what failed to pass. Both chambers considered bills aimed at curbing so-called “nuclear verdicts”—high tort awards that, according to supporters, have outpaced those in other states and raised insurance premiums for Texans. But the House and Senate could not agree on key provisions, and the effort stalled.
[1] Report of the Judicial Compensation Commission (2024), available at https://www.txcourts.gov/media/1459723/2024-jcc-report.pdf.