Some Legislative Highlights from the First Few Days of Prefiling

Estimated Time to Read: 24 minutes

The pre-filing period for Texas’ 89th Legislative Session kicked off on Tuesday, November 12, after a brief delay for Veterans Day. Lawmakers wasted no time, introducing an astounding 1,511 bills on the very first day—1,207 in the Texas House of Representatives and 304 in the Texas Senate.

This marks a record-breaking start, with the highest volume of pre-filed legislation on opening day since at least the 85th Legislative Session in 2017.

Want to dive into the full list of pre-filed legislation? Check them out here:

• Texas Senate
• Texas House of Representatives

First, Some Comparisons

As of this publication, Texas lawmakers have filed a total of 1,722 bills. These bills span a wide range of topics, reflecting the diverse priorities of the Legislature. However, we’ve chosen to spotlight a few that align closely with the emerging political narratives shaping discussions in and around the Texas Capitol.

Quick Jump by Topic

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Property Tax

The growing property tax burden remains a central issue for Texas lawmakers, with various legislative proposals aiming to provide relief. While the approaches vary, most center around familiar strategies from previous sessions, such as:

• Resetting appraisal caps
• Expanding the scope of the existing homestead exemption
• Buying down the maintenance and operations (M&O) portion of the property tax

Table 3. Property Tax Related Bills

Type	Bill Number	Author
Homestead Exemption	SB 244/SJR 15 SB 247 HB 244 HB 378 HB 382 HB 455/HJR 42 HB 511/HJR 67 HB 670/HJR 59 HB 982/HJR 73	State Sen. Pete Flores (R-Pleasanton) State Sen. Pete Flores (R-Pleasanton) State Rep. Ryan Guillen (R-Rio Grande City) State Rep. Christina Morales (D-) State Rep. Cecil Bell Jr. (R-Montgomery) State Rep. Mike Schofield (R-Katy) State Rep. Diego Bernal (D-San Antonio) State Rep. John Bucy III (D-Austin) State Rep. Terry Wilson (R-Marble Falls)
Appraisal Caps	SB 320/SJR 21 SB 321/SJR 22 SB 322/SJR 23 HB 202/HJR 26 HB 203/HJR 30 HB 273/HJR 32 HB 338/HJR 36 HB 356/HJR 39 HB 375/HJR 45 HB 398/HJR 56 HB 442/HJR 50 HB 490/HJR 53 HB 963/HJR 74	State Sen. Brandon Creighton (R-Conroe) State Sen. Lois Kolkhorst (R-Brenham) State Sen. Lois Kolkhorst (R-Brenham) State Rep. Will Metcalf (R-Montgomery) State Rep. Vikki Goodwin (D-Austin) State Rep. Will Metcalf (R-Montgomery) State Rep. Keith Bell (R-Forney) State Rep. Will Metcalf (R-Montgomery) State Rep. Cody Vasut (R-Angleton) State Rep. Carl Tepper (R-Lubbock) State Rep. Cecil Bell Jr. (R-Montgomery) State Rep. Cecil Bell Jr. (R-Montgomery) State Rep. Steve Toth (R-The Woodlands)
Use of Surplus – Buydown M&O	HB 218 HB 228 HB 275 HB 1030	State Rep. Carrie Isaac (R-Wimberley) State Rep. Cecil Bell Jr. (R-Montgomery) State Rep. Briscoe Cain (R-Deer Park) State Rep. Matt Shaheen (R-Plano)
Use of Surplus	HB 264	State Rep. Keith Bell (R-Forney)
Local Homestead Exemption – For Educators	HB 266/HJR 23	State Rep. Lulu Flores (D-Austin)
Appraisal Reform	HB 361	State Rep. Diego Bernal (D-San Antonio)

Outright Elimination/Replacement

A few Texas lawmakers are proposing bold measures to eliminate property taxes altogether, offering alternative revenue structures to fund essential services. Here’s a closer look at their efforts:

House Bill 960 – State Rep. Steve Toth (R-The Woodlands)

State Rep. Steve Toth filed HB 960, which seeks to repeal certain state and local taxes, including school district maintenance and operations (M&O) property taxes. In their place, the bill introduces a state and local value-added tax (VAT) at a rate of 6.72% on the supply of goods and services within Texas.

Key features of HB 960:

• Exemptions for small businesses, government entities, and specific non-profit organizations.
• Exclusions for certain financial services and other transactions.

Toth filed similar legislation in the last session, but the bill stalled in the House Ways and Means Committee without receiving a public hearing.

House Bill 165 – State Rep. Cody Vasut (R-Angleton)

State Rep. Cody Vasut introduced HB 165, which proposes the elimination of ad valorem taxes statewide by January 1, 2035. The bill establishes a joint interim committee to explore alternative revenue sources for local governments.

The committee’s responsibilities include:

• Identifying potential tax replacements.
• Analyzing tax rate requirements for maintaining revenue parity.
• Evaluating the impact of broadening tax applications.
• Addressing disparities in revenue distribution.

The committee’s findings and recommendations are due to the legislature by November 1, 2026.

House Bill 698 – State Rep. Brian Harrison (R-Midlothian)

State Rep. Brian Harrison filed HB 698, which calls for the abolition of property taxes in Texas by 2031, contingent on voter approval of a constitutional amendment. The bill establishes a joint interim committee tasked with studying the feasibility of replacing property tax revenue with local sales and use taxes.

The committee is directed to:

• Determine the average sales tax rate needed to replace property tax revenue.
• Assess the feasibility of expanding the sales tax base.
• Develop mechanisms for equitable revenue distribution among local governments.

HB 698 outlines a pathway to move Texas away from property taxes, but its ambitious timeline and voter involvement make it a significant topic for debate.

Loopholes

In response to concerns over the “disaster loophole”—which permits taxing entities to adopt property tax rates exceeding the voter-approval threshold without an election in the year following a disaster—State Representatives Briscoe Cain (R-Deer Park) and Tom Oliverson (R-Cypress) have introduced legislation aimed at closing this gap.

House Bill 763 (Cain) and House Bill 1131 (Oliverson) propose eliminating the provision that allows taxing authorities to increase property tax rates beyond the voter-approved limit without direct voter consent in the aftermath of a disaster. This move seeks to ensure that taxpayers retain control over significant tax rate increases, even during challenging times.

The “disaster loophole” has been a point of contention, with critics arguing that it undermines taxpayer rights by enabling tax hikes without voter input. By addressing this issue, the proposed bills aim to reinforce the principle of voter approval for substantial tax rate changes, thereby promoting greater transparency and accountability in local taxation.

These legislative efforts reflect a broader commitment to safeguarding taxpayer interests and ensuring that any necessary tax increases, even in the wake of disasters, receive direct voter endorsement.

Other Property Tax Reform Efforts

Several lawmakers have introduced legislation targeting various aspects of Texas’ property tax system, aiming to address its complexity and reduce burdens on taxpayers. Here’s a breakdown of some notable efforts:

State Rep. Brian Harrison (R-Midlothian)

State Rep. Brian Harrison has filed multiple bills aimed at addressing the root causes of property tax frustrations:

• House Bill 217: Proposes increasing the threshold for voter approval of property tax rates exceeding the voter-approval rate. Instead of a simple majority, approval would require at least 60% of votes cast, making it more difficult for taxing entities to raise rates without strong voter support.
• House Bill 250: Seeks to simplify and clarify how property tax rates are calculated and approved. The bill revises the methodologies for determining the “no-new-revenue” and “voter-approval” tax rates, enhancing transparency and making the process more accessible for taxpayers. It also strengthens election requirements for tax rate increases, ensuring greater taxpayer involvement.
• House Bill 774: Aims to provide property tax relief by mandating that surplus revenues in municipal and county budgets be used to reduce property taxes. The bill defines surplus revenue as funds exceeding the prior fiscal year’s budget, adjusted for inflation and population growth. Local governments would be required to allocate these funds directly to property tax reductions in the following fiscal year. Additionally, HB 774 caps annual tax rate increases, limiting them to inflation and population growth rates, with exceptions for pre-existing debt obligations.

State Rep. Cecil Bell Jr. (R-Montgomery)

• House Bill 291: Proposes mandatory sales price disclosure for real property transactions in Texas. Under this bill, buyers must file a sales price disclosure report with the local appraisal district within ten days of recording the deed. The measure aims to improve the accuracy of property appraisals for ad valorem tax purposes, though certain transactions—such as familial transfers, court-ordered sales, or eminent domain acquisitions—are exempt. While the bill promises increased transparency, it has sparked concerns over potential privacy implications.

State Rep. Diego Bernal (D-San Antonio)

• House Bill 642: Introduces a property tax cap for school districts on certain residence homesteads after significant tax increases. If school district taxes on a homestead increase by 120% or more over a 15-year period (excluding taxes on improvements), the bill would prevent the district from imposing taxes exceeding the amount levied in the 15th year. This proposal aims to protect homeowners from drastic, long-term tax hikes while maintaining fairness in funding.

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School Choice & Education

Education policy remains a hot topic heading into the 89th Legislative Session, with lawmakers filing a range of bills addressing school choice, classroom practices, and public education standards.

Texas Parental Empowerment Act of 2025

State Rep. Briscoe Cain (R-Deer Park) introduced House Bill 212, which seeks to establish a school choice program administered by the Texas Comptroller. Under this program, parents would receive reimbursement for private school tuition costs for their eligible children. Key features of the bill include:

• Reimbursement Cap: Parents would be reimbursed for either the actual tuition paid or 80% of the state’s average per-student expenditure on maintenance and operations, whichever is lower.
• Funding Restrictions: Federal and available school funds cannot be used for this program.
• Private School Protections: Private schools participating in the program would be exempt from state regulations enacted after January 1, 2025.
• Reinvestment Clause: Savings from the program would be reinvested into Texas public and charter schools.
• Reporting Requirements: The Texas Comptroller must provide annual notifications to the Texas Education Agency and Legislative Budget Board on participation rates and funding impacts.

Rep. Cain emphasized the importance of parental choice in education, stating:

Cain introduced similar legislation in 2023, but it stalled in the House Public Education Committee without a public hearing. Meanwhile, the Texas Senate passed alternative school choice legislation during the regular and special sessions, though efforts ultimately failed in the Texas House.

Lt. Gov. Dan Patrick (R) has reaffirmed that school choice will be a top legislative priority in the upcoming session. While Cain’s bill aligns with this goal, it remains unclear whether Patrick’s proposal will mirror Cain’s version or take a different approach.

The Republican Party of Texas also solidified its stance on school choice in its 2024 platform:

84. School Choice: We support further empowering all Texas families to choose from public, private, charter, or homeschool options for their children’s education and funding which shall follow the student with no strings attached. We oppose regulations on homeschooling or the curriculum of private or religious schools and believe a constitutional amendment should be adopted accordingly. In lieu of funding, citizens may use property tax exemptions.

Other Notable Education Proposals

• House Bill 515 – Restricting Cell Phone Use: Filed by State Rep. Ellen Troxclair (R-Lakeway), this bill seeks to prohibit student cell phone use in classrooms, a measure also supported by the Texas Education Agency.
• House Bill 604 – Adjusting the School Year Start Date: State Rep. Jared Patterson (R-Frisco) proposed moving the start of the school year to the first Monday in September (after Labor Day). Patterson argues that this change could save energy across Texas.
• House Bill 267 & House Bill 183 – Streamlining Content Oversight: Patterson also filed bills addressing concerns about school library content:
  • HB 267 closes legal loopholes in the READER Act, ensuring that “sexually explicit” materials are kept out of public schools.
  • HB 183 simplifies the review process for school library content, enhancing transparency and accountability.

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Taxpayer-Funded Lobbying

The fight to end taxpayer-funded lobbying has resurfaced as a key issue for the upcoming legislative session, with multiple bills filed to address the controversial practice.

Senate Bill 239 – State Sen. Mayes Middleton (R-Galveston)

Sen. Mayes Middleton has once again filed Senate Bill 239, aiming to prohibit taxpayer-funded lobbying. Identical legislation has been introduced in the Texas House by State Reps. Terri Leo-Wilson (R-Galveston), Ellen Troxclair (R-Lakeway), and Jared Patterson (R-Frisco) through House Bills 309, 1189, and 1294, respectively.

Middleton underscored the importance of ending taxpayer-funded lobbying, stating:

Additional House Legislation

State Reps. Briscoe Cain (R-Deer Park) and Matt Shaheen (R-Plano) filed similar bills, House Bills 571 and 671, which also seek to ban taxpayer-funded lobbying. These bills include nuanced differences in scope and extend restrictions to prohibit payments to state associations that hire or contract lobbyists. However, they carve out exceptions for legitimate purposes, such as legislative tracking and providing information to lawmakers.

Legislative Priority

The Republican Party of Texas has named banning taxpayer-funded lobbying as one of its eight legislative priorities for the session. The platform supports legislation that prohibits:

• All forms of taxpayer-funded lobbying, including using tax dollars to hire lobbyists.
• Payments to associations that engage in lobbying activities.

Historical Context and Challenges

Efforts to ban taxpayer-funded lobbying date back to the 86th Legislative Session in 2019, but they have repeatedly stalled in the Texas House. Despite broad support among conservatives, the practice has been difficult to curtail due to opposition from local governments and interest groups.

Interestingly, current House Speaker Dade Phelan (R-Beaumont) was a joint author of similar legislation filed by State Sen. Mayes Middleton during his tenure as a State Representative, adding an intriguing layer to this year’s debate.

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Civil Asset Forfeiture

Civil asset forfeiture reform has once again emerged as a key issue in the upcoming legislative session, with bipartisan support for increased transparency and accountability—or outright abolition—of the practice.

House Bill 916 – State Rep. Brian Harrison (R-Midlothian)

As chairman of the Subcommittee on Asset Forfeiture in the House Criminal Jurisprudence Committee, State Rep. Brian Harrison has filed House Bill 916, which seeks to improve transparency and oversight of asset forfeiture proceedings. Key provisions of the bill include:

• Case Tracking System: Mandates the Attorney General’s office to create a public, searchable database for tracking asset forfeiture cases.
• Detailed Reporting: Law enforcement agencies must report comprehensive information about seized and forfeited property, including:
  • Date and location of the seizure.
  • Estimated value of the property.
  • Related criminal charges.
  • Final disposition of the property.
• Enforcement and Accountability: Agencies failing to report required information would face penalties.
• Annual Reporting: The Attorney General must submit a statewide summary of forfeiture activities to the Governor, Lieutenant Governor, and Speaker of the House.

Harrison emphasized the importance of reform, stating:

House Bill 914 – State Rep. Senfronia Thompson (D-Houston)

Rep. Senfronia Thompson has filed House Bill 914, which proposes replacing civil asset forfeiture laws with a criminal asset forfeiture system. Under this bill:

• Forfeiture Tied to Conviction: Property could only be forfeited if its owner is convicted of a criminal offense.
• Guidelines for Forfeitable Property: Limits forfeiture to property derived from or used in committing specific serious offenses.
• Innocent Owner Protections: Provides safeguards for exempt property and ensures protections for individuals uninvolved in criminal activity.
• Restrictions on Law Enforcement: Prohibits law enforcement agencies from retaining forfeited property and requires that forfeited assets be sold at public auction. Proceeds would go to the county general fund.
• Public Reporting: Mandates public disclosure of forfeiture activities to ensure transparency.

Party Platforms on Civil Asset Forfeiture

Reforming civil asset forfeiture enjoys tri-partisan support, with all major Texas parties calling for significant changes:

• Republican Party of Texas 2024 Platform: “We call upon the Texas Legislature to abolish civil asset forfeiture, independently or in partnership with federal authorities, and to ensure that private property only be forfeited upon a criminal conviction.”
• Libertarian Party of Texas 2024 Platform: “We call for the elimination of civil asset forfeiture, which allows for the unjust seizure of property from the accused without due process. Forfeited property should only be used for restitution to victims after a criminal conviction.”
• Democratic Party of Texas 2024 Platform: “Ensure civil asset forfeiture only upon a criminal conviction.”

Historical Context and Legislative Outlook

Efforts to reform asset forfeiture in Texas have a long legislative history, with most proposals failing to advance in the Texas Senate. However, the tri-partisan support reflected in party platforms underscores growing momentum for change.

With lawmakers like Harrison and Thompson championing reforms, the 89th Legislative Session could mark a turning point in addressing this contentious issue.

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Foreign Purchase of Land

Legislation to prohibit or limit the sale of land to specific foreign interests has gained significant traction ahead of the 89th Legislative Session. Several bills aim to address concerns over national security, critical infrastructure, and agricultural productivity.

Key Proposals by State Rep. David Spiller (R-Mansfield)

• House Bill 191: This bill restricts the acquisition of real property in Texas by foreign entities controlled by governments from “designated countries” identified as national security risks based on U.S. intelligence reports. It broadly defines real property to include land, improvements, minerals, and related interests, excluding short-term leases. The Texas Attorney General is empowered to enforce compliance.
• House Bill 243: Grants the Texas Attorney General authority to acquire property owned by foreign entities through eminent domain if the property is used in violation of state or federal law or poses risks to critical infrastructure, such as energy, transportation, and water systems. Judicial authorization is required, and the General Land Office would manage acquired properties.

Rep. Spiller, a practicing attorney with extensive experience in real estate litigation, emphasized the importance of these measures:

Other Notable Legislation

Several lawmakers have filed additional bills to address foreign land ownership, with varying scopes and mechanisms:

Table 3. Differences in Legislation Relating to Foreign Land Ownership

Aspect	HB 191	HB 243	HB 402	HB 518	SB 103	SB 307
Scope of Restriction	Targets foreign governments/entities from designated countries posing security risks.	Broadly targets properties linked to state/federal law violations or risks to critical infrastructure.	Covers entities/individuals from “designated countries” as per U.S. intelligence.	Specifically prohibits nonresident aliens or foreign entities from owning agricultural land.	Restricts ownership for entities from China, Iran, North Korea, and Russia.	Limits ownership if it creates risks to public health, safety, and welfare.
Property Types	All real property, with few exceptions.	Real property impacting critical infrastructure.	Includes agricultural land, mines, and other sensitive properties.	Agricultural land only.	All real property, explicitly mentioning strategic industries.	Specific property types including agricultural and mineral lands.
Mechanism for Action	Legal enforcement through court-appointed receivers.	Eminent domain proceedings for acquisition.	Legal actions including divestiture through court-appointed receivers.	Annual reporting on ownership; no divestiture mechanism.	Prohibits contracts and ownership; enforcement through public money rules.	Discovery rights for Attorney General; receiver for sale of property.
Exceptions	U.S. citizens, lawful residents, and short-term leases.	None explicitly stated.	U.S. citizens, lawful residents, homestead exemptions.	None.	U.S. citizens, lawful residents	Homestead exemptions, short-term leases, and entities under U.S. control.
Definition of Foreign Control	Broad control definition (over 50% voting interest).	Not explicitly defined.	Broad—includes direct/indirect control.	Not applicable (targets all nonresident entities).	Explicit countries and control > 50%.	Functional and legal control defined comprehensively.
Reporting and Transparency	No specific reporting mechanism.	No specific reporting mechanism	Some Secretary of State disclosure.	Requires annual reporting by department to legislature.	No specific mechanism.	Attorney General discovery and Secretary of State records.

Republican Party of Texas Platform on Foreign Land Ownership

The 2024 Republican Party of Texas Platform includes explicit support for restricting foreign ownership of Texas land:

• No Part of Texas to be Owned by Foreign Interests:
  • Prohibits the sale of real estate to anyone other than American citizens or U.S.-owned corporations, with limited exceptions for lawful immigrants.
  • Requires foreign entities to sell their property and vacate immediately, with eminent domain applicable near military bases.
  • Mandates active agricultural use of farmland, penalizing those who decommission land to restrict food production.

Legislative Momentum

With growing support from House leadership and alignment with the Republican platform, foreign land ownership restrictions are poised to be a key focus of the upcoming session. These proposals reflect broader concerns over national security, resource management, and safeguarding Texas’ economic interests.

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Occupational Licensure

A recent report by the Archbridge Institute revealed that Texas has the highest occupational licensing burden in the nation, sparking renewed efforts to reduce regulatory red tape and expand opportunities for workers.

Senate Bill 99 – State Sen. Bob Hall (R-Edgewood)

State Sen. Bob Hall introduced Senate Bill 99, which aims to increase accountability and transparency when proposing new or expanded occupational licensing requirements.

Key provisions of SB 99 include:

• Justification Requirement: Any legislation proposing the creation or expansion of an occupational license must include a statement from the Legislative Budget Board (LBB).
• LBB Review: The statement must confirm whether the proposal has been reviewed under Section 325.023 of the Government Code.
• Transparency: If applicable, any related reports must accompany the legislation throughout the legislative process, from committee consideration to submission to the governor.

Hall’s bill seeks to ensure lawmakers thoroughly evaluate the necessity and potential impacts of additional occupational licensing requirements before enacting them.

House Bill 710 – State Rep. Brian Harrison (R-Midlothian)

State Rep. Brian Harrison filed House Bill 710, introducing a universal occupational licensure framework to make it easier for individuals licensed in other states to work in Texas. The bill requires Texas licensing boards or agencies to recognize occupational licenses and government certifications issued by other states, provided applicants meet specific qualifications.

Context and Legislative Outlook

Occupational licensing reform has been a recurring topic in Texas, with growing bipartisan recognition of its impact on economic mobility, workforce availability, and consumer costs. Proposals like SB 99 and HB 710 could significantly reduce barriers to entry for skilled workers while promoting greater legislative accountability.

With Texas’ reputation as a business-friendly state on the line, these measures represent a pivotal step toward reducing unnecessary regulatory burdens and empowering workers.

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Firearms

Gun rights remain a cornerstone of legislative efforts in Texas, with several bills introduced to reinforce state sovereignty and protect constitutional freedoms.

Senate Bill 130 – “Texas Firearm Freedom Act”

Filed by State Sen. Bob Hall (R-Edgewood), Senate Bill 130 seeks to exempt firearms, firearm accessories, and ammunition manufactured and kept within Texas from federal regulation. The bill asserts state sovereignty under the Ninth and Tenth Amendments of the U.S. Constitution and Section 23, Article I, of the Texas Constitution.

Key provisions of SB 130 include:

• Conditions for Texas Manufacturing: Firearms must be manufactured and remain within Texas to qualify for exemption.
• Exceptions and Labeling: Specific conditions for labeling are mandated to clarify state-only applicability.
• Enforcement Mechanism: Allows Texas citizens to request the Attorney General to seek a declaratory judgment to ensure federal compliance with the Act.

This legislation reinforces Texas’ position as a defender of Second Amendment rights, pushing back against perceived federal overreach.

House Bill 162 – “Anti-Red Flag Act”

State Rep. Briscoe Cain (R-Deer Park) introduced House Bill 162, which prohibits the recognition, service, and enforcement of Extreme Risk Protective Orders (ERPOs) in Texas. These orders are commonly designed to restrict firearm possession or ownership based on non-criminal conduct to mitigate firearm-related risks.

Key provisions of HB 162:

• Ban on ERPOs: Prohibits any Texas entity or official from adopting, recognizing, or enforcing rules or measures related to ERPOs without explicit state authorization.
• Criminal Penalties: Establishes criminal penalties for entities or individuals attempting to enforce ERPO-related statutes or orders within Texas.
• Federal Non-Enforcement: Declares federal ERPO-related laws infringing on constitutional rights as unenforceable in the state.

Cain emphasized the bill’s focus on constitutional protections, stating:

Broader Context

These legislative proposals reflect ongoing efforts by Texas lawmakers to protect gun rights by limiting federal influence and ensuring state-level control over firearm-related issues. With significant public and legislative interest, the 89th Legislative Session is set to continue Texas’ role as a stronghold for Second Amendment advocacy.

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Conclusion

As the pre-filing period for the 89th Legislative Session unfolds, it’s clear that Texas lawmakers are poised to tackle a diverse array of pressing issues. From property tax reform and school choice to firearm rights and occupational licensure, the legislation already filed reflects both the challenges facing Texas and the priorities of its leaders.

The sheer volume and variety of bills indicate a session that will likely be characterized by debates over the balance of government power, individual freedoms, and economic opportunity. While some proposals address long-standing concerns, others chart new territory, signaling a legislative agenda with potentially far-reaching consequences for Texans across the state.

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