89th Legislature

HB 1422

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 1422 proposes a comprehensive overhaul of Texas statutes related to the prosecution and punishment of sex offenses, particularly those involving children or repeat offenders. The bill significantly limits the availability of community supervision, deferred adjudication, mandatory supervision, and parole for individuals convicted of specific sexual offenses, including sexual assault, aggravated sexual assault, indecency with a child, and trafficking-related crimes. The bill also introduces heightened penalties for certain offenses and adds procedural changes to ensure stricter enforcement and post-conviction management.

Key provisions include amendments to Articles 42A.054 and 42A.102 of the Code of Criminal Procedure, which expand the list of disqualifying offenses for deferred adjudication and standard probation. Individuals with prior convictions for certain sexual crimes are rendered ineligible for such options, reflecting a legislative intent to close perceived gaps in the supervision and sentencing of sex offenders. The bill further modifies victim rights provisions, enhancing legal protections and ensuring victims of sexual violence are informed of their rights throughout the judicial process.

In addition, HB 1422 amends sections of the Penal Code and Government Code to increase penalties for repeat offenders and broaden the classification of continuous sexual abuse. It restricts parole eligibility for inmates convicted of aggravated sexual offenses and other serious felonies, aligning parole policies with public safety priorities. By elevating the seriousness of these crimes and mandating stricter supervision standards, the bill seeks to enhance both deterrence and victim protection mechanisms within the criminal justice system.

The originally filed version of HB 1422 focused primarily on expanding victim rights and increasing penalties for specific sex offenses. It added provisions for limited consent in DNA evidence testing (Gov’t Code §420.0736), created a new offense of "continuous sexual abuse" under Penal Code §21.03, and enhanced sentencing structures for sexual offenses involving minors. This version also increased penalties for certain repeat misdemeanor sex offenses and removed the age-specific bifurcation for enhanced penalties under Penal Code §22.021(f), instead applying a flat 25-year minimum term for offenses involving victims under 14 years of age.

In contrast, the Committee Substitute version expands significantly on procedural reforms in the criminal justice system. It incorporates a broader range of statutory revisions, such as amending Article 42A.054 and 42A.102 of the Code of Criminal Procedure to limit eligibility for community supervision and deferred adjudication for those convicted of sexual offenses. Additionally, the substitute version revises parole eligibility in Government Code and further modifies conditions under which inmates may be considered for supervision. These changes emphasize restricting leniency in sentencing and supervision for sex offenders, especially repeat offenders or those targeting children.

Another key difference lies in scope: the original version concentrated on expanding prosecutorial tools and sentencing enhancements, whereas the substitute version addresses the collateral consequences of convictions, including mandatory supervision and parole restrictions. It also strengthens alignment with public safety policy by closing off rehabilitation avenues such as deferred adjudication in a wide array of offenses, and adds procedural clarity for the disposition of evidence and victims’ rights.

Overall, while both versions share the goal of enhancing protections for victims and increasing accountability for offenders, the committee substitute introduces a broader, more systemic restructuring of post-conviction processes, thus making the legislation more comprehensive and punitive in nature.
Author
Lacey Hull
Co-Author
Maria Flores
Josey Garcia
Penny Morales Shaw
Sponsor
Joan Huffman
Co-Sponsor
Mayes Middleton
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1422 will have a negative fiscal impact of approximately $1.04 million to General Revenue funds over the biennium ending August 31, 2027. This cost primarily arises from expanded responsibilities for the Department of Public Safety (DPS), including increased processing and storage of sexual assault kits and software upgrades to support the bill’s consent tracking and DNA evidence management provisions.

To implement the bill, DPS would require three new full-time equivalent (FTE) employees: one forensic scientist, one crime lab specialist, and one program specialist. Personnel costs alone are projected at $291,845 annually in both FY 2026 and FY 2027. In addition to salaries, other costs such as lab supplies, travel, rent, and capital expenditures are expected to total over $350,000 in FY 2026 and roughly $99,000 in FY 2027. A one-time $225,000 expenditure is also required in FY 2026 to upgrade the Track-Kit and Laboratory Information Management System software.

The bill’s provisions are expected to increase the number of sexual assault kits processed regardless of whether a police report is filed, expanding access to forensic testing. Furthermore, the creation of new offenses and the elimination of parole, deferred adjudication, and other supervisory alternatives for certain sex offenses could result in longer incarceration periods. While the specific impact on the correctional system is indeterminate due to a lack of precise data on the prevalence of the newly penalized conduct, it is likely that prison populations and related correctional costs will rise over time.

Finally, the fiscal impact on local governments is uncertain but could include increased burdens on jails and probation systems as fewer offenders qualify for alternatives to incarceration. The expansion of sentencing and supervision provisions may lead to higher local confinement and oversight costs.

Vote Recommendation Notes

HB 1422 makes substantial and meaningful improvements to Texas’ approach to prosecuting sexual offenses and supporting survivors. It empowers victims by allowing them to authorize limited forensic DNA testing of sexual assault kits without the immediate involvement of law enforcement—an important step toward survivor-centered justice. The bill also closes a legal gap by creating the offense of continuous sexual abuse of adults, mirroring protections that already exist for child victims. It enhances penalties for serial and egregious offenders and allows courts to impose consecutive sentences for multiple sexual assault convictions, regardless of the victim’s age.

These provisions align with core liberty principles by reinforcing individual accountability, bolstering protections for victims, and ensuring the justice system addresses serious harm in a proportional and deliberate way. The bill also reflects a legitimate role for limited government in safeguarding personal safety and enforcing consequences for rights-violating conduct.

However, certain provisions—such as the broad disqualification of offenders from community supervision, deferred adjudication, and parole—limit judicial discretion in ways that may be overly rigid. These elements could benefit from clarifying amendments that restore some flexibility for judges to consider context and individual circumstances, particularly in edge cases or for non-violent, first-time offenders.

Overall, HB 1422 represents a thoughtful and commendable response to serious gaps in the law. As such, Texas Policy Research recommends that lawmakers vote YES; Amend on HB 1422 but also consider amending the bill as described above to refine its scope and preserve individualized justice.

  • Individual Liberty: The bill enhances individual liberty for survivors of sexual assault by enabling limited consent for DNA testing without requiring a law enforcement report. This expands options for victims to seek clarity and evidence preservation without immediately entering the criminal system—respecting autonomy and privacy. Additionally, creating the offense of continuous sexual abuse of adults strengthens protections against egregious and repeated violations of personal autonomy. However, the bill also restricts liberty for defendants by broadly limiting eligibility for parole, community supervision, and deferred adjudication. In some cases, these blanket prohibitions may undermine due process or proportional sentencing by removing discretion from the judiciary—even in cases where rehabilitation or alternative supervision might be appropriate.
  • Personal Responsibility: The bill reinforces personal responsibility by ensuring individuals who commit serious sexual offenses face appropriate consequences. It holds repeat offenders accountable through enhanced penalties, consecutive sentencing, and extended minimum prison terms, sending a clear message that repeated harm to others—especially in sexually exploitative contexts—will not be tolerated or lightly punished.
  • Free Enterprise: The bill has limited direct implications for free enterprise. However, the expanded restrictions on parole and post-conviction release could impact offenders’ ability to reintegrate into the workforce. Without support for reentry or employment after incarceration, long-term consequences for economic independence and employability could follow, potentially conflicting with the principle of open economic participation.
  • Private Property Rights: There is no significant effect on private property rights. The bill does not introduce eminent domain provisions or regulations affecting ownership or use of property.
  • Limited Government: While the bill reflects a legitimate use of state power to protect vulnerable individuals and punish serious crimes, it also expands government control over individuals post-conviction in a manner that risks overreach. By removing judicial discretion for a wide swath of offenses, it reduces the role of courts to apply case-by-case judgment, effectively shifting power to prosecutors and the legislature. This shift may lead to unnecessarily broad or inflexible enforcement, warranting targeted amendments to restore balance.
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