HB 2136

Overall Vote Recommendation
Vote No; Amend
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
negative
Limited Government
positive
Individual Liberty
Digest
HB 2136 requires the Office of Court Administration of the Texas Judicial System (OCA) to design, adopt, and distribute a standardized model criminal citation and citation addendum for use by all Texas law enforcement agencies when issuing citations for fine-only offenses. The bill defines a citation to include paper or electronic summonses, tickets, or similar official documents requiring a person to respond or appear in court. Each law enforcement agency must adopt a citation and addendum that conforms to OCA's model and update its forms every even-numbered year as necessary.

The bill directs OCA to develop the model citation using credible research and plain-language principles to improve court appearance rates, reduce failures to appear, enhance court efficiency, and improve statewide data collection. The citation must prominently display key information such as the required court appearance date, time, and location, the charged offense, instructions for resolving the citation, the consequences of failing to appear, and court contact information. It must also include information explaining what individuals can expect when appearing in court, including that they will not be arrested solely for appearing to resolve the cited misdemeanor, as well as information about alternatives to appearing in court when available.

The required citation addendum must provide information about available resources that may help individuals attend court, including text reminders, parking information, directions, transportation options, child-care assistance, and procedures for rescheduling court appearances. It also must explain options available to individuals who cannot afford court fines or costs, including payment plans, payment deferrals, community service, and the possibility of waivers or reductions of fines and costs. OCA must consult with representatives from law enforcement, the judiciary, prosecutors, public defenders, behavioral science experts, and other stakeholders before adopting the model and must conduct user testing and solicit public comment before finalizing or updating the forms. OCA is also required to review and, if appropriate, update the model every two years.

The bill requires OCA to complete and distribute the initial model citation and addendum by December 31, 2025, and requires law enforcement agencies to adopt compliant forms by September 1, 2026. Agencies are permitted to exhaust their existing stock of citation books before being required to issue citations using the new standardized format.

The Committee Substitute for HB 2136 makes several significant structural changes to the originally filed bill by transferring responsibility for the standardized citation program from the Texas Commission on Law Enforcement (TCOLE) to the Office of Court Administration of the Texas Judicial System (OCA). The substitute also expands the bill's scope beyond a standardized citation form by requiring OCA to develop both a model citation and a separate citation addendum. Additionally, the substitute broadens the bill's stated purposes to include improving statewide data collection in addition to reducing failures to appear and increasing court efficiency.

The Committee Substitute substantially revises the required contents of the citation. Rather than prescribing highly specific formatting requirements—such as requiring an 18-point font and a mandatory "CALL THIS NUMBER FOR INFORMATION ABOUT THIS CITATION" statement—the substitute adopts a more flexible plain-language approach that emphasizes presenting essential information prominently at the top of the citation. It also separates supplemental information into the required addendum, including available transportation assistance, child-care resources, parking information, text reminders, rescheduling procedures, and options for individuals unable to pay fines or court costs. The substitute also expands the definition of "citation" to expressly include electronic citations and limits the bill's application to offenses punishable by fine only.

The substitute also broadens stakeholder involvement in developing the standardized citation. While the originally filed bill directed TCOLE to consult primarily with law enforcement agencies, court officials, judges, prosecutors, and public defenders, the committee substitute instead requires OCA to consult with additional stakeholders, including the Texas Commission on Law Enforcement, the Department of Public Safety, the Sheriffs' Association of Texas, the Texas Police Chiefs Association, and a behavioral science professional with expertise in citation design. It further requires both formal user testing and a period of public comment before adoption and directs OCA to conduct biennial reviews that include evaluating user-testing data and reporting on outcomes before updating the model citation and addendum.

Finally, the Committee Substitute modifies implementation requirements. In addition to requiring OCA to notify municipal and justice courts when the model citation is disseminated or updated, it allows law enforcement agencies to continue using their existing inventory of citation books before transitioning to the new standardized forms. This implementation flexibility was not included in the originally filed version.
Fiscal Notes

According to the Legislative Budget Board (LBB), no significant fiscal implication to the state is anticipated as a result of HB 2136. The fiscal note assumes that any costs associated with developing, implementing, and maintaining the standardized model criminal citation and citation addendum can be absorbed within the existing resources of the Office of Court Administration and the Texas Commission on Law Enforcement, without requiring additional appropriations or staffing.

The LBB also projects no significant fiscal implication for units of local government. Although local law enforcement agencies will be required to adopt citation forms that conform to the statewide model, the fiscal analysis concludes that implementation costs are not expected to create a significant financial burden for local governments.

Vote Recommendation Notes

HB 2136 pursues a worthwhile objective, reducing failures to appear and improving the efficiency of the criminal justice system through clearer, research-based citations. Improving communication with defendants may reduce unnecessary warrants, arrests, and other government enforcement actions without weakening public safety or accountability. However, the bill accomplishes these goals by creating an ongoing statewide administrative program, expanding the responsibilities of the Office of Court Administration, and requiring every law enforcement agency to adopt and periodically update citations that conform to a state-prescribed model.

While the LBB projects no significant fiscal impact, the bill nevertheless grows the institutional footprint of state government by assigning permanent duties to the Office of Court Administration, including stakeholder consultation, user testing, biennial reviews, and statewide dissemination of updated citation standards. It also reduces local discretion by replacing locally developed citation formats with a mandatory statewide model. Although these requirements are administrative rather than regulatory, they represent a continuing expansion of state authority that is not essential to achieving the bill's underlying objectives.

Texas Policy Research recommends that lawmakers vote NO on HB 2136 unless amended as described below. The bill could become consistent with limited-government principles by narrowing the role of the Office of Court Administration and preserving greater local flexibility. Appropriate amendments would include making the model citation advisory rather than mandatory or, at minimum, limiting mandatory statewide requirements to essential statutory information; eliminating or reducing recurring user-testing and reporting mandates; requiring legislative reauthorization through a sunset provision; and ensuring that future substantive changes to required citation content are made by the Legislature rather than through administrative discretion. These changes would preserve the bill's criminal justice reform objectives while reducing government growth and protecting local autonomy.

  • Individual Liberty: The bill does not create new crimes, increase criminal penalties, expand law enforcement authority, or impose new restrictions on individual conduct. By requiring clearer, research-based citations that explain court obligations, available alternatives, and options for those unable to pay fines, the bill could reduce failures to appear and the resulting warrants, arrests, and other coercive interactions with the criminal justice system. Although the bill expands administrative functions, its direct effect on individual liberty is generally positive because it seeks to reduce unnecessary government enforcement resulting from misunderstanding rather than misconduct.
  • Personal Responsibility: The bill encourages individuals to comply with existing legal obligations by making citation information easier to understand, but it also shifts more responsibility onto government to improve compliance through behavioral design, reminders, and expanded informational resources. It neither weakens personal accountability nor significantly strengthens it, resulting in an overall neutral impact.
  • Free Enterprise: The bill does not regulate private businesses, create barriers to entry, impose new licensing or compliance requirements, or otherwise affect market competition. Its provisions are limited to the administration of criminal citations by governmental entities and therefore have no meaningful impact on free enterprise.
  • Private Property Rights: The bill does not alter property ownership, land use, eminent domain authority, asset forfeiture, or any other property-related rights. Its provisions relate solely to criminal citation procedures and court administration, leaving private property rights unaffected.
  • Limited Government: The bill creates an ongoing statewide administrative program within the Office of Court Administration by requiring the agency to develop, test, review, update, and disseminate standardized citation forms on a recurring basis. It also requires every law enforcement agency in Texas to adopt citations conforming to the state-developed model, reducing local discretion over an administrative function historically managed at the local level. Although the Legislative Budget Board anticipates no significant fiscal impact, the bill nevertheless expands the institutional role of state government and creates recurring administrative duties and statutory mandates. From a limited-government perspective, these structural changes outweigh the bill's otherwise modest scope and support a negative assessment under this principle.
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