Overall Vote Recommendation

Neutral

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 1610 is part of the Texas Legislative Council’s statutory revision program and provides a nonsubstantive reorganization of specific provisions within the Texas Code of Criminal Procedure. The bill primarily focuses on restating and consolidating laws related to family violence in a clearer, more accessible format. It introduces a new Chapter 5A, titled "Preventing, Investigating, and Prosecuting Family Violence," which reorganizes and codifies existing provisions (formerly found in Articles 5.01 through 5.05 and related sections) without changing their legal effect.

The revised Chapter 5A preserves and groups together key responsibilities for law enforcement officers responding to family violence incidents. It outlines the duties of peace officers, such as ensuring victim protection, enforcing protective orders (including those from other jurisdictions), and informing adult victims of available resources. It also addresses procedural safeguards, such as required notices, records access, and limitations on dismissing cases due to concurrent civil proceedings.

Other new chapters proposed by the bill (such as 9A, 49A, and 50A) follow a similar format and are designed to enhance the structural consistency of the code. These additions aim to make the law more navigable for legal practitioners, law enforcement, and the public, while maintaining the substance of current legal protections and obligations. Overall, HB 1610 is an organizational effort that does not create or repeal rights, but aims to reduce ambiguity and improve usability of the criminal procedure code.

The originally filed version of HB 1610 and the Committee Substitute version of the bill both serve the same overall purpose: to enact a nonsubstantive recodification of several chapters of the Texas Code of Criminal Procedure. The original filed version was structured as a direct codification under the authority of Article III, Section 43 of the Texas Constitution, reorganizing Articles from Chapters 5, 9, 49, and 50 into newly created Chapters 5A, 9A, 49A, and 50A. These changes are intended to make the law clearer and more usable without altering its meaning.

Key structural differences include refined formatting and clearer headings in the substitute version to better delineate subchapters and topics. The filed version grouped provisions under newly created chapters, and while the content remained legally equivalent to the source statutes, the layout in the filed bill was slightly more compressed. The substitute enhances readability by adding explicit subchapter headings (e.g., Subchapter B: Inquests by Justices of the Peace; Subchapter C: Inquests by Medical Examiners) and uniform numbering across articles.

Content-wise, no substantive legal changes are introduced in either version—this is consistent with the legislative intent for statutory revision bills. However, the substitute version likely included minor stylistic edits, technical cleanups, and more precise cross-references to other sections of law, which are common adjustments made during the drafting process in committee. These refinements do not change legal obligations or rights but help with internal consistency and future legislative referencing.

In short, the core of both versions remains a faithful restatement of existing law. The differences primarily reflect editorial improvements and structural enhancements made by the House committee to ensure clarity, internal consistency, and proper alignment with drafting standards prescribed by the Texas Legislative Council.

Author (1)

Jeff Leach

Co-Author (1)

David Spiller

Sponsor (1)

Nathan Johnson

Contact the Author

Rep. Jeff Leach

Capitol Phone:

(512) 463-0544

Capitol Office:

CAP 1W.3

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1610 is expected to have no fiscal impact on the state of Texas. The bill constitutes a nonsubstantive revision of several provisions within the Texas Code of Criminal Procedure, meaning that it reorganizes and restates existing law for clarity and consistency without altering its legal effect. As such, it does not introduce new programs, mandates, or enforcement mechanisms that would require additional appropriations or staffing.

Similarly, the bill is anticipated to have no fiscal implications for local governments. Because it preserves the existing obligations and responsibilities of local law enforcement, judicial officers, and prosecutors without adding or removing duties, it will not incur additional administrative or operational costs for counties, municipalities, or other local entities.

In summary, HB 1610 is a codification measure under the Texas Legislative Council’s statutory revision program, designed to improve the structure and readability of the law. Its neutral fiscal footprint reflects the fact that it does not substantively change policy or require new expenditures at any level of government.

Vote Recommendation Notes

HB 1610 is part of the Texas Legislative Council’s ongoing statutory revision program, authorized under Article III, Section 43 of the Texas Constitution. The bill proposes a nonsubstantive reorganization of specific provisions in the Texas Code of Criminal Procedure, relocating and clarifying laws related to family violence, public health violations tied to business activity, death inquests, and fire inquests. These provisions are placed into newly created chapters—5A, 9A, 49A, and 50A—with the intent to improve clarity and usability, not to change the legal effect of the statutes.

The bill does not create any new policies, expand government authority, increase taxes, or impose additional regulatory burdens. According to the Legislative Budget Board, there is no fiscal impact on the state or local governments. Additionally, the bill does not introduce new criminal offenses or modify penalties. It is a structural cleanup measure that preserves the substance of existing law while enhancing readability for legal practitioners and the public.

However, because HB 1610 is entirely procedural in nature and does not meaningfully advance or hinder any of the five core liberty principles—individual liberty, personal responsibility, free enterprise, private property rights, or limited government—Texas Policy Research remains NEUTRAL on HB 1610. While the bill has technical merit and administrative value, it does not reflect a clear policy movement in support of or against liberty and should be evaluated accordingly.

Individual Liberty: The bill does not expand or restrict individual rights. It simply restates existing laws related to family violence investigations, death inquests, and other legal procedures. While clearer statutes may help ensure that individuals, particularly victims and the accused, better understand their rights and the legal process, no substantive protections or liberties are added or removed.
Personal Responsibility: By improving the organization and readability of laws that affect law enforcement, prosecutors, and courts, the bill can promote better compliance and accountability among public officials. However, because it does not change enforcement standards or impose new duties, its effect on personal responsibility is indirect.
Free Enterprise: The bill does not create new regulations, taxes, or business requirements. Sections relating to public health hazards in business are merely reorganized without altering how violations are defined or enforced. There is no impact on commercial activity, economic freedom, or the regulatory environment.
Private Property Rights: There are no provisions in the bill that change, challenge, or reinforce private property rights. Though the bill addresses issues like inquests and health hazards, it does so only through procedural recodification and not through substantive legal change.
Limited Government: The bill neither expands nor reduces government power. It reorganizes laws governing governmental functions (e.g., inquests, criminal proceedings) but does not add new powers, programs, or bureaucracies. While clarity in law can promote limited government by making statutes more understandable and reducing administrative confusion, the bill's effect in this area is modest.

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