HB 2813

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
negative
Limited Government
positive
Individual Liberty
Digest

HB 2813 amends the Texas Code of Criminal Procedure to strengthen notification requirements for crime victims who request notice of scheduled court proceedings. Under current law, prosecutors must notify a requesting victim of scheduled court proceedings and any changes to those proceedings as soon as reasonably practicable. This bill retains that obligation while establishing specific minimum notification deadlines.

The bill requires the attorney representing the state to provide notice of a scheduled court proceeding no later than the 60th day before the proceeding, when feasible. If a court schedules a proceeding less than 60 days in advance, the prosecutor must notify the victim no later than the fifth day after the proceeding is scheduled. For emergency or expedited proceedings, notice must be provided as soon as practicable, but no later than 24 hours after the court schedules the proceeding. The bill also continues the existing requirement that victims be notified of any changes to scheduled proceedings and of any request to continue a trial setting.

The legislation applies prospectively, affecting only criminal proceedings scheduled on or after the bill's effective date. Proceedings scheduled before that date remain subject to the law in effect at the time they were scheduled.

Author (1)
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2813 is not expected to have a significant fiscal impact on the State of Texas. The LBB concludes that any administrative costs associated with implementing the bill's expanded victim notification requirements could be absorbed using existing agency resources, indicating that no additional state appropriations or staffing are anticipated.

The fiscal analysis also finds no significant fiscal impact on units of local government. Although prosecutors may be required to provide victim notifications within newly prescribed timeframes, the LBB expects local jurisdictions to implement these requirements using existing personnel and operational resources rather than incurring material new costs.

Overall, the fiscal note indicates that the bill's procedural changes are expected to have only a minimal administrative effect and are not anticipated to create meaningful new financial obligations for either state or local governments.

Vote Recommendation Notes

HB 2813 makes a targeted procedural change to Texas' crime victim notification laws by replacing a vague notification standard with clear statutory deadlines while preserving flexibility for courts when proceedings are scheduled on short notice or under emergency circumstances. The bill does not create new criminal offenses, expand prosecutorial powers, or establish new state programs or agencies. Instead, it provides greater certainty to crime victims who have requested notice of court proceedings by requiring prosecutors to notify them within specified timeframes.

From a limited-government perspective, the bill results in only a minimal expansion of government responsibilities. It imposes additional administrative duties on prosecutors by requiring compliance with defined notification deadlines, but it does not create a new bureaucracy, grant additional rulemaking authority, increase agency discretion, or establish ongoing government programs. The Committee Bill Analysis specifically notes that the legislation grants no additional rulemaking authority, limiting the potential for future administrative expansion.

The legislation likewise does not meaningfully increase the burden on taxpayers. According to the LBB, there is no significant fiscal implication to either state or local governments, and any administrative costs associated with implementing the notification requirements are expected to be absorbed using existing resources rather than requiring additional appropriations or personnel.

Finally, the bill does not increase the regulatory burden on individuals or businesses. Its requirements apply only to prosecutors' victim-notification responsibilities within the criminal justice system and do not impose new mandates, compliance obligations, licensing requirements, or reporting duties on private citizens or the private sector. Because the bill improves procedural consistency for victims while avoiding meaningful government growth, taxpayer costs, or regulatory expansion, the overall policy impact is limited, and as such, Texas Policy Research recommends that lawmakers vote YES.

  • Individual Liberty: The bill does not create new criminal offenses, increase penalties, expand government surveillance, or impose new mandates on private citizens. Instead, it strengthens the ability of crime victims to exercise existing statutory rights by ensuring they receive timely notice of court proceedings. While it imposes additional procedural duties on prosecutors, it does not restrict the liberties of individuals.
  • Personal Responsibility: The bill neither shifts responsibilities from individuals to the state nor creates new public benefits or entitlements. Rather, it improves the administration of an existing victim notification system for victims who have already requested notification. It does not materially affect incentives for personal responsibility.
  • Free Enterprise: The bill has no effect on businesses, markets, competition, licensing, employment, or commercial regulation. It imposes no new compliance requirements or costs on the private sector.
  • Private Property Rights: The bill does not affect the ownership, use, transfer, regulation, or taking of private property. It contains no provisions relating to land use, property rights, or asset regulation.
  • Limited Government: The bill modestly expands the statutory responsibilities of prosecutors by replacing a discretionary notification standard with specific deadlines. This increases administrative obligations within the criminal justice system and slightly expands the scope of government duties. However, it does not create a new agency or program, grant additional rulemaking authority, expand regulatory authority over the public, or require additional appropriations.
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