LSG’s 89th Second Special Session Recap

The Governor’s call expanded from 19 items to 26 by the end of the 21-day special. After legislators passed redistricting maps, the Governor continued to prioritize a political agenda over flood relief, including punishing quorum breakers, allowing ivermectin to be sold over the counter, and making it more difficult to vote. This recap focuses on the 21 bills that were ultimately passed and are now law

Jump to a specific topic below:
Congressional Redistricting
Flooding-related items
Replacing the STAAR
THC-related-items
Banning Abortion Pills
Bathroom Bill 2.0
Voting-related items
Limiting Public Access to Police Records
Punishing Quorum Breakers
Prescription-free Ivermectin
Attacks on Harris County
Vetoed Bills from the 89th Regular Session
Unpassed Governor’s Items

Congressional Redistricting (HB 4)

Effective: December 4, 2025 
3rd Reading Vote: House – 88 Yeas, 52 Nays, 0 PNV; Senate 18 Yeas, 11 Nays

The Legislature, driven by President Trump and Gov. Abbott, passed an illegal and racially discriminatory congressional map designed to rig the midterm elections out of fear that Republicans would lose control of the U.S. House.

HB 4’s congressional map was passed along party lines and signed by Gov. Abbott; it is effective this year. It improves Republican political performance in five congressional districts. Three districts are expected to flip — the 9th District (Houston area, currently held by Democratic Rep. Al Green), the 32nd District (Dallas suburbs, currently held by Democratic Rep. Julie Johnson), and the 35th District (San Antonio to Austin corridor, currently held by Democratic Rep. Greg Casar). 

Plus, the map redraws two South Texas districts — the 28th District, held by Democratic Rep. Henry Cuellar, and the 34th District, held by Democratic Rep. Vicente Gonzalez — to make them more favorable for Republicans. These districts were previously carried by Trump in 2024, despite being held by a Democratic representative. 

However, the far greater, unforgivable aspect of these maps is the destruction of Congressional Districts that represent distinct communities of color, and the cracking and packing of those communities. While the new map brings the total minority-majority districts from 7 to 10, it greatly weakens Black and Latino voters’ influence by diluting present representation. 

Lastly, like the 2021 maps, the new map fails to accurately reflect the state’s population. Hispanic Texans are the state’s largest demographic group and have driven population growth for the past decade. Under the new map, Latino voters would be the majority in only 8 of the 38 districts. Notably, CD-29, Harris County’s only Hispanic opportunity district, is split under the new map, effectively erasing that status.

Flooding-related items

Although Governor Abbott did not need a special session to deliver emergency funding to the Central Texas communities affected by flooding, the special session proceeded, and five flooding-related bills were signed into law. 

While the special session produced some limited flood-related measures, it fell short of offering a real strategy for disaster preparedness. Texas — facing increasingly severe weather and uncertain federal support — must take proactive, long-term steps to strengthen infrastructure and better support local communities before the next disaster, rather than reacting only after crises occur.

Camp Emergency Preparedness (HB 1 & SB 1)

Effective Immediately 
HB 1 3rd Reading Vote: House – 135 Yeas, 1 Nays, 1 PNV; Senate 26 Yeas, 0 Nays
SB 1 3rd Reading Vote House – 120 Yeas, 4 Nays, 1 PNV; Senate 28 Yeas, 0 Nays

HB 1 (Darby) and SB 1 (Perry) were the Legislature’s premier camp safety bills in response to the lives lost at Camp Mystic during the July 4th flooding. The disaster highlighted a harsh reality: many youth camps in Texas lack sufficient (or in some cases, any) formal emergency protocols, putting the safety of children and staff at serious risk.

Both bills require youth camps to develop emergency plans for a range of situations, including natural disasters, fire, lost campers, camper injuries, and intruders. Staff and campers alike are required to receive training on the approved emergency courses of action. Camps that fail to comply risk having their licenses suspended. 

HB 1 and SB 1 also establish logistical standards for emergency preparedness. Camps must maintain an operable radio for real-time weather alerts, an internet-free emergency warning system, and two separate broadband internet connections( a primary connection that uses a fiber-optic cable and a secondary connection through a broadband service distinct from the first). 

Lastly, both bills address campgrounds, like Camp Mystic, that are located on floodplains. HB 1 requires parental acknowledgment if a camp is located in a floodplain. SB 1 takes this a step further and prohibits the State from issuing or renewing licenses for youth camps with cabins located in a floodplain (with some exceptions). Beyond youth camps, any campground, including RV parks, that is in a floodplain must install emergency rooftop access ladders.

Rules must be adopted by January 1, 2026, and camps must begin submitting their emergency plans on or after April 1, 2026. 

Addressing Charitable Scams (HB 20)

Effective: December 4, 2025 
3rd Reading Vote: House – 135 Yeas, 0 Nays, 1 PNV; Senate 26 Yeas, 0 Nays

HB 20 targets fraudulent charitable solicitations, which often arise in the aftermath of natural disasters. It establishes a fraud tip hotline, creates a voluntary accreditation program to help the public identify reputable organizations, and establishes new criminal offenses and civil liabilities.

New criminal offenses include “malicious solicitation of a disaster victim or for disaster response or recovery,” punishable from a third-degree to first-degree felony depending on circumstances; and a state jail felony for stealing property worth less than $30,000 in a disaster area when obtained through the offender’s actual or claimed status as a disaster volunteer. Civil penalties require anyone who maliciously solicits during a disaster to pay the affected donor or donee (or their estates) triple the amount collected, plus attorney’s fees. 

Sirens in Flash Flood Alley (SB 3)

Effective Immediately 
3rd Reading Vote: House – 136 Yeas, 0 Nays, 1 PNV; Senate 30 Yeas, 0 Nays

SB 3 mandates sirens in areas the Texas Water Development Board (TWDB) identifies as “flood-prone” within the 30 counties included in the July 4th flooding state disaster declaration (Bandera, Bexar, Burnet, Caldwell, Coke, Comal, Concho, Edwards, Gillespie, Guadalupe, Hamilton, Kendall, Kerr, Kimble, Kinney, Lampasas, Llano, Mason, Maverick, McCulloch, Menard, Real, Reeves, San Saba, Schleicher, Sutton, Tom Green, Travis, Uvalde, and Williamson). SB 3 defines an outdoor warning siren as an audible signal intended to alert people outdoors of an imminent disaster, prompting them to seek shelter or move to higher ground immediately.

Sirens, as part of a larger warning system, can be beneficial. However, sirens are often inaudible indoors, so cellphone alerts, social media notifications, and television and radio warnings remain crucial. Second, for sirens to be effective, communities need both education on how to respond and ongoing maintenance. Yet SB 5 (Huffman) provides only limited grant funding that may fall short of actual costs or leave out localities altogether. 

Disaster Appropriations (SB 5) 

Effective Immediately 
CCR Vote: House – 129 Yeas, 0 Nays, 2 PNV; Senate 26 Yeas, 0 Nays

SB 5 is an appropriations bill responding to the Hill Country flood disaster. The bill uses the Economic Stabilization Fund to make the following appropriations: 

  • $200 million to match any federal money received in response to this disaster, and for the disaster needs of the state;
  • $50 million for the Trusteed Programs of the Governor to make local grants in affected counties; 
  • $28 million for grants to improve weather forecasting in the Hill Country; and
  • $2.6 million in contingency appropriations for SB 1 and HB 1 (plus $2.5 million from General Revenue for Fiscal Year 2026).

SB 5 is a step in the right direction in a time when federal FEMA funding is more uncertain than ever, and the current administration’s philosophy aims to shift disaster response onto the states.

Replacing the STAAR Test (HB 8)

Effective: December 4, 2025, except as otherwise provided by the bill, and applies beginning with the 2027‑2028 school year.
3rd Reading Vote: House – 82 Yeas, 56 Nays, 1 PNV; Senate 21 Yeas, 5 Nays

Although most legislators and public school stakeholders agree that the state’s testing system is in need of reform, how the special session’s HB 8 addressed this issue was divisive. The core issue was largely philosophical: one side argued that student anxiety cannot be reduced without also addressing teachers’ pressure over high-stakes testing, while the other side contended that adults should remain accountable and that student stress can be mitigated through shorter testing times without changing accountability. However, it was HB 8’s troubling restrictions on school districts’ ability to sue the Texas Education Agency (TEA) that ultimately made the bill unfavorable. Some key provisions of the bill are discussed below. 

Beginning the 2027-2028 school year, the end-of-year STAAR test will be replaced with a “through-year” assessment system, consisting of:

Time expectationsTesting Window
Beginning-of-year assessmentGrades 3–4: up to 60 minutes

Grades 5–8: up to 75 minutes
4th Monday of August — September 30
Middle-of-year assessmentGrades 3–4: up to 60 minutes

Grades 5–8: up to 75 minutes
January 2 — February 21
End-of-year assessmentGrades 3–4: up to 90 minutes

Grades 5–8: up to 105 minutes
May 1 — May 30 (except the writing portion)

Districts can decide whether to use TEA-approved tools they already have in place, such as MAP Growth, or opt for a new assessment developed by TEA for beginning- and midyear exams. The end-of-year test would be criterion-referenced to comply with federal law and would be the only test that counts toward school ratings. HB 8 requires TEA to develop a measure of through-year instructional growth; however, these growth metrics will not be implemented until the 2029-2030 school year. No other metrics were introduced to the accountability system.  

HB 8’s litigation restrictions, alone, warrant an unfavorable rating. It prohibits school districts from using local, state, or federal funds to sue the state — effectively barring districts from suing TEA. Without the ability to challenge the agency in court, the TEA could act without oversight, potentially making decisions that harm local districts or overstep its authority. While litigation is never ideal for either party, it is important that districts retain this legal recourse. 

THC-related items

The special session ended the same way as the regular session — without resolving whether to ban THC for recreational use or further regulate it. Instead, Governor Abbott issued an executive order on September 10 that sought to regulate THC by:

  • Banning sales to minors and requiring verification of government-issued ID at the point of sale, with violations potentially resulting in the loss of a retailer’s license;
  • Increasing enforcement across the state in partnership with local law enforcement agencies;
  • Directing DSHS to review existing rules for potential revisions, including strengthening testing and labeling requirements; and
  • Requiring TABC, DSHS, Texas A&M AgriLife Extension Service, and any other relevant state agencies to jointly conduct a study on implementing rules similar to those in HB 309, 89(2).

Banning Abortion Pills

Effective: December 4, 2025 
3rd Reading Vote: House – 82 Yeas, 48 Nays, 3 PNV; Senate 17 Yeas, 8 Nays, 1 PNV

HB 7, titled the “Woman and Child Protection Act,” significantly expands the state’s abortion restrictions by prohibiting the manufacture, distribution, and mailing of abortion-inducing drugs like mifepristone and misoprostol to or from Texas, with narrow exceptions for medical emergencies, miscarriages, and ectopic pregnancies. 

HB 7’s central enforcement mechanism is a “qui tam” provision that deputizes private citizens to file lawsuits against violators, awarding them a minimum of $100,000 per violation. Enforcement by private citizens rather than the state better insulates the law from federal judicial review. In addition, HB 7 rejects “shield laws” adopted by other states that protect out-of-state providers from Texas’s abortion restrictions. 

Banning abortion-inducing drugs expands Texas’s near-total abortion ban and further deters medical providers from offering essential, even legally permissible, reproductive healthcare out of fear of lawsuits and other repercussions.

Bathroom Bill 2.0

Effective: December 4, 2025 
3rd Reading Vote: House – 86 Yeas, 45 Nays, 1 PNV; Senate 18 Yeas, 8 Nays

SB 8, the newest attack on transgender Texans, is an updated and expanded version of the “bathroom bill” that Texas failed to pass in 2017. SB 8 mandates that restrooms, locker rooms, and changing facilities in schools, universities, and all other government buildings be used only according to the sex assigned by an individual’s reproductive system. Public spaces include criminal justice facilities and family violence shelters.

State agencies and political subdivisions must take “every reasonable step” to ensure compliance, with civil penalties of $25,000 for the first violation and $125,000 for each subsequent offense. Any Texas resident may file a complaint with the Attorney General or sue violators for injunctive relief, court costs, and attorney’s fees. Lastly, SB 8 grants sovereign immunity to the State, making it significantly harder to legally challenge government entities’ enforcement of the law. 

Forcing transgender people to use facilities inconsistent with their gender identity publicly outs them, making them targets for harassment, assault, or bullying. Additionally, SB 8’s application to family violence shelters is particularly cruel, potentially barring services to transgender victims of violence, leaving them without a safe refuge.

Voting-related items

More Power for the AG to Prosecute Voter Fraud

Effective: December 4, 2025 
3rd Reading Vote: House – 85 Yeas, 54 Nays, 1 PNV; Senate 18 Yeas, 12 Nays

SB 12 will transfer the authority to prosecute all election-related crimes from local prosecutors (District Attorneys/DAs) to the Texas Attorney General (AG). 

Proponents of the bill argue that local prosecutors are unwilling to prosecute widespread voter fraud; however, true cases of voter fraud are extremely rare. SB 12 proposes a significant and likely unconstitutional transfer of prosecutorial authority to the Attorney General, violating the separation of powers, centralizing a judicial function in the executive branch, and defying the Texas v. Stephens ruling. 

SB 12 risks further politicizing the courts, undermining their role as impartial arbiters of justice.

Prohibiting same-day address changes for voters

Effective: December 4, 2025
3rd Reading Vote: House – 86 Yeas, 46 Nays, 2 PNV; Senate 19 Yeas, 7 Nays 

SB 54 reverses a positive change from the regular session and is likely to confuse voters. Effective December 4, 2025, it repeals the provision of SB 2217, 89(R) —  which took effect September 1 — that allowed a change-of-address request made at the polling place to take immediate effect, enabling voters to cast a ballot as long as they remained in the same county. Now, this positive step forward will apply only to the November elections; it will not extend to the 2026 primary or any elections thereafter.

While concerns about processing address changes at polling places are understandable, a better approach would have been to delay implementation, preserving last session’s improvements while giving local governments time to adjust and train staff.

Limiting Public Access to Police Records

SB 15, the special’s main bill attempting to limit police accountability, died on a point of order. 

It would have significantly restricted public access to police records by establishing a new, confidential “department file” for all law enforcement TCLOE licensees with records of alleged misconduct deemed to have insufficient evidence for major disciplinary action. Additionally, SB 15’s vague language could be interpreted to seal virtually all law enforcement records — including body camera footage, 911 calls, and emails — going beyond its stated purpose. 

Concerns were raised that the bill would hide patterns of abuse, prevent independent review, fuel public mistrust, and could permanently conceal records related to high-profile incidents like the Uvalde shooting investigation.

Punishing Quorum Breakers

Effective: December 4, 2025 
3rd Reading Vote: House – 86 Yeas, 46 Nays, 1 PNV; Senate 18 Yeas, 8 Nays

HB 18 limits legislators who leave the state to break quorum from raising or spending more than the equivalent of a single day’s legislative per diem, with each violation carrying a civil penalty of up to $5,000. These restrictions also extend to specific-purpose committees supporting or assisting the quorum break. Private donors who give to these lawmakers are also subject to civil penalties, creating significant legal risk for ordinary citizens.

Alleged violations would be reported to the President of the Senate or Speaker of the House, with the Fifteenth Court of Appeals (a controversial court stacked with governor appointees, instead of regional duly-elected judges) rendering the final judgment. This highly politicized enforcement process undermines the impartiality and the Legislature’s authority to set its own rules. Overall, HB 18 effectively weaponizes campaign finance law to punish lawful dissent and raises serious free speech concerns.

Prescription-free Ivermectin

Effective: December 4, 2025 
3rd Reading Vote: House – 87 Yeas, 47 Nays, 1 PNV; Senate 21 Yeas, 5 Nays

HB 25 allows licensed pharmacists to provide ivermectin without a prescription from a healthcare practitioner. 

Ivermectin is an anti-parasitic drug occasionally prescribed by doctors. It became prominent during the COVID-19 pandemic due to the scientifically debunked claim that it could treat the coronavirus. Currently, ivermectin requires a prescription; however, HB 25 would eliminate this requirement. Additionally, it protects pharmacists who dispense ivermectin, granting them immunity from criminal, civil, and professional disciplinary action as long as they act in a “reasonably prudent manner.”

Ultimately, over-the-counter use of ivermectin has not yet been studied in depth and there are serious potential risks for increased access without first consulting a physician. 

Attacks on Harris County 

Effective Immediately 
HB 26 3rd Reading Vote: House – 88 Yeas, 49 Nays, 1 PNV; Senate 21 Yeas, 5 Nays
HB 192 3rd Reading Vote: House – 89 Yeas, 48 Nays, 1 PNV; Senate 21 Yeas, 5 Nays

In a continued attack on local governments, particularly Harris County, the legislature passed two bills that undermine the authority of its commissioners courts.

HB 26 shifts contract approval from the Harris County Commissioners Court to sheriffs and constables, who lack visibility of the county’s overall budget. This change makes fiscal oversight more difficult, could lead to unaccounted-for costs, and risks uneven policing across the county.

HB 192 would require voter approval before Harris County can reallocate unused law enforcement funds or shift money designated for a specific position to another agency. While the Commissioners Court currently has this authority, the bill would force costly and unnecessary elections that delay routine budget decisions. In some cases, these elections could cost taxpayers more than the funds being reallocated.

Local officials know their communities best, and state interference in budget decisions harms those communities. Harris County is being targeted first, but there’s concern these measures could spread to other counties. 

Vetoed Bills from the 89th Regular Session

“Legislation, similar to Senate Bill No. 1253 from the 89th Legislature, Regular Session, that authorizes political subdivisions to reduce impact fees for builders who include water conservation and efficiency measures.” 

Effective: December 4, 2025 
3rd Reading Vote: House –133 Yeas, 6 Nays, 1 PNV; Senate 30 Yeas, 0 Nays

SB 14 was originally SB 1253 (Perry) during the regular session, which passed but was vetoed by the Governor after 3rd-reading amendments tied it to a local issue involving the Hays Trinity Groundwater Conservation District. SB 14 is essentially the same version of the bill without those amendments. 

SB 14 would require political subdivisions to provide credits toward any water and wastewater impact fees assessed by developers if they install innovative systems that result in water reuse, conservation, or savings. The LSG was Favorable with Concerns because reduced impact fee collections could be shifted onto taxpayers in the form of higher taxes. However, incentivizing water conservation in new developments may be worth it in the long run because any water saved will cost less than producing new supplies.

“Legislation, similar to Senate Bill No. 2878 from the 89th Legislature, Regular Session, relating to the operation and administration of the Judicial Department of state government.”

Effective: December 4, 2025, except as otherwise provided by the bill
3rd Reading Vote: House –130 Yeas, 1 Nays, 1 PNV; Senate 27 Yeas, 0 Nays

HB 16 is the updated version of SB 2878 (89R), which was vetoed by Gov. Abbott. Like its predecessor, HB 16 is a comprehensive bill addressing the Texas judiciary, focused on creating new courts, adjusting court jurisdiction, and updating overall operations. 

The only difference is that HB 16 excludes the amendment added by Rep. Anchía during the regular session, which made expunging criminal records mandatory for individuals who successfully complete a pretrial intervention program.

Overall, it provides a strong and necessary framework for judicial reform in Texas. Its comprehensive approach, which addresses issues from court operations to juvenile justice, aims to create a more efficient, secure, and equitable legal system for all Texans.

“Legislation, similar to Senate Bill No. 648 from the 89th Legislature, Regular Session, that provides strengthened protections against title theft and deed fraud.”

Effective: December 4, 2025, except as otherwise provided by the bill
3rd Reading Vote: House – 138 Yeas, 0 Nays, 1 PNV; Senate 27 Yeas, 0 Nays

SB 16 is a comprehensive measure that addresses deed fraud by consolidating previous unsuccessful bills (vetoed SB 648 and SB 2611) and resolving the concerns that led to an earlier bill’s veto.

Deed fraud involves illegally transferring property titles, often by using convincing forged conveyance documents to sell a property or borrow against it without the owner’s knowledge. While existing laws offer some recourse, they are not specifically tailored to the complex nature of deed fraud, making it difficult to secure convictions and restitution for victims.

SB 16 creates the new felony offenses of Real Property Theft and Real Property Fraud, giving law enforcement clear legal definitions and frameworks to pursue these crimes, with penalties scaled by property value and increased if the victim is elderly, disabled, or if the property is a homestead. The bill establishes a clear mechanism for restitution, requiring convicted individuals to pay the victim for the property’s value, associated losses, and legal fees. It also mandates that individuals filing documents in person must provide a photo ID to the county clerk,  information that can be used by law enforcement if the document is later alleged to be fraudulent. Lastly, SB 16 establishes a 10-year statute of limitations for prosecuting these new felony offenses, giving victims and law enforcement ample time to discover and act on the crime.

SB 16 is a well-crafted solution that effectively addresses the problem of deed fraud by providing a powerful tool against the crime without placing unreasonable burdens on Texans.  

“Legislation, similar to Senate Bill No. 1278 from the 89th Legislature, Regular Session, that protects victims of human trafficking from criminal liability for non-violent acts closely tied to their own victimization.”

Effective: December 4, 2025 
3rd Reading Vote: House – 137 Yeas, 1 Nays, 1 PNV; Senate 30 Yeas, 0 Nays

SB 11 is the updated version of SB 1278 89(R), which was vetoed by Gov. Abbott. 

It provides a specific affirmative legal defense for human trafficking survivors who are unjustly prosecuted for crimes they were coerced into committing. It creates a new affirmative defense allowing a victim to argue their criminal conduct was a direct result of the force, fraud, or coercion used by the trafficker, without needing the trafficker to be charged or convicted. To address past concerns about scope, SB 11 explicitly excludes serious “3G offenses” (e.g., murder, sexual assault) from this defense, unless the defendant was only charged as a party to the crime.

SB 11 narrows a major legal gap by providing a defense tailored to the complex realities of human trafficking, helping survivors avoid a criminal record for coerced acts while also addressing executive concerns by excluding the most serious felonies.

Unpassed Governor’s Items

Despite being included in the Governor’s call, the following items ultimately failed to pass:

  • Legislation prohibiting taxpayer-funded lobbying;
  • Legislation to prohibit same day voter registration in Texas;
  • Legislation relating to a groundwater study of East Texas aquifers;
  • Legislation to comprehensively regulate hemp-derived products; and
  • Legislation reducing the property tax burden.
    • To be clear, there were no priority bills this session that would have provided property tax relief — such as tax breaks or direct financial support — for taxpayers. A key proposal reduced the tax rate that triggered elections for the state’s largest counties and municipalities. These and other similar proposals often backfire, forcing local governments to raise tax rates to cover shortfalls for essential services such as police, fire, roads, and emergency services.

Final Thoughts

In the end, as was clear from the start of the special session, most of it was wholly unnecessary. Governor Abbott could have utilized his existing authority to transfer funds for flood relief, and the Legislature could have convened workgroups or committees to take a comprehensive approach to flooding and disaster preparedness — issues that extend beyond summer camps.

Instead, lawmakers spent the session advancing the governor’s political agenda and catering to his primary voters and conservative base — redrawing maps, restricting abortion access even further, undermining local governments, and targeting transgender Texans. Meanwhile, real and pressing challenges remain unaddressed: the growing threat of natural disasters, man-made crises like gun violence that continue to claim children’s lives, and the rising cost of living facing Texans across the state.