The Texas Legislative Council is required by Section 323.007, Government Code, to carry out a complete nonsubstantive revision of the Texas statutes. The process involves reclassifying and rearranging the statutes in a more logical order, employing a numbering system and format that will accommodate future expansion of the law, eliminating repealed, invalid, duplicative, and other ineffective provisions, correcting drafting errors, and improving the draftsmanship of the law, if practicableall toward promoting the stated purpose of making the statutes "more accessible, understandable, and usable" without altering the sense, meaning, or effect of the law. In 1965, the council adopted a long-range plan of compiling the law into subject-matter codes. When the program is complete, all general and permanent statutes will be included in one of 27 codes.

H.B. 1610 is the latest in a long-range project by the council to modernize the Code of Criminal Procedure without substantive change. The project for the 89th Texas Legislature revises laws relating to family violence; trade, business, or occupational activities injurious to public health; death inquests; and fire inquests.

H.B. 1610 is a nonsubstantive revision of Texas law. The substance of the law has not been altered. The sole purpose of these provisions is to compile the relevant law, arrange it in a logical fashion, and rewrite it without altering its meaning or legal effect. If a particular source statute is ambiguous and the ambiguity cannot be resolved without a potential substantive effect, the ambiguity is preserved.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1610 provides for the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments to that and other codes, and is composed of four articles, which are detailed below:

·ARTICLE 1 amends the Code of Criminal Procedure to make nonsubstantive revisions by establishing the following new chapters:

oChapter 5APreventing, Investigating, and Prosecuting Family Violence;

oChapter 9ATrade, Business, or Occupation Injurious to Public Health;

oChapter 49ADeath Inquests; and

oChapter 50AFire Inquests;

·ARTICLE 2 amends the Code of Criminal Procedure, Family Code, Government Code, Health and Safety Code, Human Resources Code, Occupations Code, Penal Code, and Transportation Code to make necessary conforming amendments to ensure no substantive change to other laws;

·ARTICLE 3 repeals Chapters 5, 9, 49, and 50, Code of Criminal Procedure; and

·ARTICLE 4 relates to general matters and provides the following:

othe bill is enacted under Section 43, Article III, Texas Constitution, and is intended as a codification only with no substantive change in the law;

othe Code Construction Act applies to the construction of each provision in the Code of Criminal Procedure enacted by the bill as part of the continuing statutory revision program; and

oa reference in a law to a statute or a part of a statute in the Code of Criminal Procedure enacted as part of the continuing statutory revision program is considered to be a reference to the part of that code that revises that statute or part of that statute.

EFFECTIVE DATE

April 1, 2025.

House Authors

Rep. Jeff LeachRepublican · Primary Author

Coauthors (1)

David Spiller (R)

Senate Sponsor

Sen. Nathan JohnsonDemocrat · Primary Sponsor

Bill Text(with markup)

H.B. No. 1610

AN ACT

relating to the nonsubstantive revision of certain provisions of

the Code of Criminal Procedure, including conforming amendments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE

CODE OF CRIMINAL PROCEDURE

SECTION 1.01. Title 1, Code of Criminal Procedure, is amended by adding Chapters 5A, 9A, 49A, and 50A to read as follows:

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 5A. PREVENTING, INVESTIGATING, AND PROSECUTING FAMILY

VIOLENCE

Art. 5A.001. LEGISLATIVE STATEMENT

Art. 5A.002. DEFINITIONS

Art. 5A.003. PRIMARY DUTIES OF PEACE OFFICER

INVESTIGATING FAMILY VIOLENCE

Art. 5A.004. NO WAIVER OR EXCEPTION CREATED BY FAMILY

OR HOUSEHOLD RELATIONSHIP

Art. 5A.005. FOSTER HOME ADDRESS INQUIRY

Art. 5A.006. REQUIRED NOTICE FOR ADULT VICTIM

Art. 5A.007. PEACE OFFICER ACCESS TO AND ACCEPTANCE OF

PROTECTIVE ORDERS

Art. 5A.008. STANDBY ASSISTANCE; LIABILITY

Art. 5A.009. REQUIRED REPORTS

Art. 5A.010. ACCESS TO RECORDS

Art. 5A.011. PROSECUTOR'S NOTICE OF RESPONSIBILITY FOR

FILING APPLICATIONS FOR PROTECTIVE

ORDERS

Art. 5A.012. PROSECUTOR'S FILING OF PROTECTIVE ORDER:

PROHIBITED CONSIDERATION; AUTHORITY TO

REQUIRE INFORMATION

Art. 5A.013. DELAY OR DISMISSAL OF PROSECUTION BASED

ON STATUS OF CERTAIN CIVIL PROCEEDINGS

PROHIBITED

Art. 5A.014. REFERRAL TO MEDIATION, ARBITRATION,

DISPUTE RESOLUTION, OR SIMILAR

PROCEDURE PROHIBITED IN CRIMINAL

PROSECUTION

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 5A. PREVENTING, INVESTIGATING, AND PROSECUTING FAMILY

VIOLENCE

Art. 5A.001. LEGISLATIVE STATEMENT. (a) Family violence

is a serious danger and threat to society and its members. Victims

of family violence are entitled to the maximum protection as

permitted by law from harm or abuse or the threat of harm or abuse.

(b) In any law enforcement, prosecutorial, or judicial

response to an allegation of family violence, the responding peace

or judicial officer shall protect the victim without regard to the

relationship between the alleged offender and victim. (Code Crim.

Proc., Art. 5.01.)

Art. 5A.002. DEFINITIONS. In this chapter, "family,"

"family violence," "household," and "member of a household" have

the meanings assigned by Chapter 71, Family Code. (Code Crim.

Proc., Art. 5.02.)

Art. 5A.003. PRIMARY DUTIES OF PEACE OFFICER INVESTIGATING

FAMILY VIOLENCE. The primary duties of a peace officer who

investigates a family violence allegation or who responds to a

disturbance call that may involve family violence are to:

(1) protect any potential victim of family violence;

(2) enforce the law of this state;

(3) enforce a protective order from another

jurisdiction as provided by Chapter 88, Family Code; and

(4) make lawful arrests of violators. (Code Crim.

Proc., Art. 5.04(a).)

Art. 5A.004. NO WAIVER OR EXCEPTION CREATED BY FAMILY OR

HOUSEHOLD RELATIONSHIP. (a) A general duty prescribed for an

officer by Chapter 2A is not waived or excepted in any family

violence case or investigation because of a family or household

relationship between an alleged violator and a victim of family

violence.

(b) A peace officer's or magistrate's duty to prevent the

commission of a criminal offense, including an act of family

violence, is not waived or excepted because of a family or household

relationship between a potential violator and victim. (Code Crim.

Proc., Art. 5.03.)

Art. 5A.005. FOSTER HOME ADDRESS INQUIRY. A peace officer

who investigates a family violence allegation or who responds to a

disturbance call that may involve family violence shall determine

whether the address of a person involved in the allegation or call

matches the address of a licensed foster home or verified agency

foster home listed in the Texas Crime Information Center. (Code

Crim. Proc., Art. 5.04(a-1).)

Art. 5A.006. REQUIRED NOTICE FOR ADULT VICTIM. (a) A peace

officer who investigates a family violence allegation or who

responds to a disturbance call that may involve family violence

shall advise any possible adult victim of all reasonable means to

prevent further family violence, including by providing the written

notice adopted by the Health and Human Services Commission under

Section 51A.003, Human Resources Code.

(b) In addition to the required notice under Subsection (a),

a peace officer may provide to the possible victim any available

written information regarding local resources for victims of family

violence. (Code Crim. Proc., Art. 5.04(b).)

Art. 5A.007. PEACE OFFICER ACCESS TO AND ACCEPTANCE OF

PROTECTIVE ORDERS. (a) To ensure that a peace officer responding

to a disturbance call is aware of the existence and terms of any

protective order, each municipal police department and sheriff

shall establish procedures within the department or sheriff's

office to provide peace officers adequate information or access to

information regarding the names of:

(1) persons protected by a protective order; and

(2) persons to whom protective orders are directed.

(b) Each peace officer shall accept a certified copy of an

original or modified protective order as proof of the validity of

the order, and the order is presumed valid unless:

(1) the order contains a termination date that has

passed;

(2) more than one year has elapsed after the date the

order was issued; or

(3) the peace officer has been notified by the clerk of

the court vacating the order that the order has been vacated. (Code

Crim. Proc., Arts. 5.05(c), (d).)

Art. 5A.008. STANDBY ASSISTANCE; LIABILITY. (a) In a peace

officer's discretion, the officer may stay with a victim of family

violence to protect the victim and allow the victim to take the

personal property of the victim or of a child in the care of the

victim to a place of safety in an orderly manner.

(b) A peace officer who provides assistance under

Subsection (a) is not:

(1) civilly liable for an act or omission of the

officer that arises in connection with providing the assistance or

determining whether to provide the assistance; or

(2) civilly or criminally liable for the wrongful

appropriation of any personal property by the victim. (Code Crim.

Proc., Art. 5.045.)

Art. 5A.009. REQUIRED REPORTS. (a) A peace officer who

investigates a family violence incident or who responds to a

disturbance call that may involve family violence shall make a

written report that includes:

(1) the names of the suspect and complainant;

(2) the date, time, and location of the incident;

(3) any visible or reported injuries;

(4) a description of the incident and a statement of

its disposition; and

(5) whether the suspect is a member of the state

military forces or is serving in the armed forces of the United

States in an active-duty status.

(b) If a suspect is identified as being a member of the

military, as described by Subsection (a)(5), the peace officer

shall provide written notice of the incident or disturbance call to

the staff judge advocate at Joint Force Headquarters or the provost

marshal of the military installation to which the suspect is

assigned with the intent that the commanding officer will be

notified, as applicable.

Subsection (a), a peace officer who investigates a family violence

incident or who responds to a disturbance call that may involve

family violence shall make a report to the Department of Family and

Protective Services if the location of the incident or call, or the

known address of a person involved in the incident or call, matches

the address of a licensed foster home or a verified agency foster

home as listed in the Texas Crime Information Center. The report

under this subsection may be made orally or electronically and

must:

(1) include the information required by Subsection

(a); and

(2) be filed with the Department of Family and

Protective Services within 24 hours of the beginning of the

investigation or receipt of the disturbance call.

(d) A peace officer who makes a report under Subsection (a)

shall provide information concerning the incident or disturbance to

the bureau of identification and records of the Department of

Public Safety for its recordkeeping function under Section 411.042,

Government Code. The bureau shall prescribe the form and nature of

the information required to be reported to the bureau by this

subsection. (Code Crim. Proc., Arts. 5.05(a), (a-1), (a-2), (e).)

Art. 5A.010. ACCESS TO RECORDS. (a) Each local law

enforcement agency shall establish a departmental code for

identifying and retrieving a written report made under Article

5A.009(a).

(b) A district or county attorney with jurisdiction in the

county where the law enforcement agency maintains records under

this article or Article 5A.009(a) is entitled to access to the

records.

entitled to access to the records described by Subsection (b)

relating to any person who is 14 years of age or older and who

resides in a licensed foster home or a verified agency foster home.

(d) On request of a victim of an incident of family

violence, the local law enforcement agency responsible for

investigating the incident shall provide the victim, at no cost to

the victim, with any information that is:

(1) described by Article 5A.009(a)(1) or (2); and

(2) not exempt from disclosure under Chapter 552,

Government Code, or other law. (Code Crim. Proc., Arts. 5.05(b),

(f).)

Art. 5A.011. PROSECUTOR'S NOTICE OF RESPONSIBILITY FOR

FILING APPLICATIONS FOR PROTECTIVE ORDERS. The prosecuting

attorney who has responsibility under Section 81.007, Family Code,

for filing an application for a protective order under Title 4,

Family Code, shall provide notice of that responsibility to all law

enforcement agencies within the jurisdiction of the prosecuting

attorney. (Code Crim. Proc., Art. 5.06(c).)

Art. 5A.012. PROSECUTOR'S FILING OF PROTECTIVE ORDER:

PROHIBITED CONSIDERATION; AUTHORITY TO REQUIRE INFORMATION. A

prosecuting attorney's decision to file an application for a

protective order under Title 4, Family Code, should be made without

regard to whether a criminal complaint has been filed by the

applicant. A prosecuting attorney may require the applicant to

provide to a local law enforcement agency information relating to

the facts alleged in the application for an offense report. (Code

Crim. Proc., Art. 5.06(b).)

Art. 5A.013. DELAY OR DISMISSAL OF PROSECUTION BASED ON

STATUS OF CERTAIN CIVIL PROCEEDINGS PROHIBITED. A prosecuting

attorney or a court may not:

(1) dismiss or delay any criminal proceeding that

involves a prosecution for an offense that constitutes family

violence because a civil proceeding is pending or not pending; or

(2) require proof that a complaining witness, victim,

or defendant is a party to a suit for the dissolution of a marriage

or a suit affecting the parent-child relationship before presenting

a criminal allegation to a grand jury, filing an information, or

otherwise proceeding with the prosecution of a criminal case.

(Code Crim. Proc., Art. 5.06(a).)

Art. 5A.014. REFERRAL TO MEDIATION, ARBITRATION, DISPUTE

RESOLUTION, OR SIMILAR PROCEDURE PROHIBITED IN CRIMINAL

PROSECUTION. Notwithstanding Article 26.13(g) or 42A.301(b)(14),

in a criminal prosecution arising from family violence a court may

not refer or order the victim or the defendant involved to

mediation, arbitration, dispute resolution, or another similar procedure. (Code Crim. Proc., Art. 5.08.)

CHAPTER 9A. TRADE, BUSINESS, OR OCCUPATION INJURIOUS TO PUBLIC

HEALTH

Art. 9A.001. ORDER REGARDING INJURIOUS TRADE,

BUSINESS, OR OCCUPATION

Art. 9A.002. PERMANENT RESTRAINT AND BOND ON

CONVICTION

Art. 9A.003. BOND REQUIREMENTS

Art. 9A.004. CONSEQUENCE OF REFUSAL TO EXECUTE BOND

Art. 9A.005. ACTION FOR BREACH OF BOND

Art. 9A.006. SEIZURE AND DESTRUCTION OF UNWHOLESOME

FOOD OR ADULTERATED MEDICINE

CHAPTER 9A. TRADE, BUSINESS, OR OCCUPATION INJURIOUS TO PUBLIC

HEALTH

Art. 9A.001. ORDER REGARDING INJURIOUS TRADE, BUSINESS, OR

OCCUPATION. After an indictment or information has been presented

against a person for carrying on a trade, business, or occupation

injurious to the health of persons in the neighborhood, the court in

which the indictment or information is pending may issue an order:

(1) on the application of an interested person and

after hearing proof for and against the defendant, restraining the

defendant from carrying on the trade, business, or occupation

subject to a penalty the court considers proper; or

(2) regarding the manner and place of carrying on the

trade, business, or occupation as the court considers advisable.

(Code Crim. Proc., Art. 9.01 (part); New.)

Art. 9A.002. PERMANENT RESTRAINT AND BOND ON CONVICTION.

On conviction of the defendant at trial:

(1) the order restraining the defendant issued under

Article 9A.001 shall be made permanent; and

(2) the defendant shall be required to execute a bond

with security conditioned on the defendant not continuing, to the

detriment of the health of any neighborhood in the county where the

defendant carried on the trade, business, or occupation, the trade,

business, or occupation for which the defendant was convicted.

(Code Crim. Proc., Art. 9.01 (part); New.)

Art. 9A.003. BOND REQUIREMENTS. A bond executed under

Article 9A.002 shall:

(1) be payable to this state;

(2) be in a reasonable amount set by the court;

(3) specify the trade, business, or occupation for

which the defendant was convicted and the place where the defendant

carried on the trade, business, or occupation;

(4) be conditioned on the defendant not carrying on,

to the detriment of the health of any neighborhood in the county,

the specified trade, business, or occupation at the specified place

or any other place in the county;

(5) be signed and dated by the defendant and the

defendant's sureties; and

(6) be approved by and filed with the court. (Code

Crim. Proc., Art. 9.03; New.)

Art. 9A.004. CONSEQUENCE OF REFUSAL TO EXECUTE BOND. If a

defendant refuses to execute a bond when required under Article

9A.002, the court may:

(1) commit the defendant to jail; or

(2) issue an order requiring the sheriff to seize and

destroy the implements of or the goods and property used in

conducting the trade, business, or occupation for which the

defendant was convicted. (Code Crim. Proc., Art. 9.02.)

Art. 9A.005. ACTION FOR BREACH OF BOND. (a) The district

or county attorney may bring an action in the name of the state for

breach of a bond executed under Article 9A.002 within two years

after the date of the breach.

(b) Showing the defendant continued, after executing the

bond, to carry on the trade, business, or occupation for which the

bond was executed is sufficient proof of the defendant's breach of

the bond. The full amount of the bond may be recovered from the

defendant and the defendant's sureties.

same rules governing a civil action. (Code Crim. Proc., Arts. 9.04,

9.05.)

Art. 9A.006. SEIZURE AND DESTRUCTION OF UNWHOLESOME FOOD OR

ADULTERATED MEDICINE. After a defendant is convicted of selling

unwholesome food or adulterated medicine, the court shall issue an

order for the sheriff or other proper officer to seize and destroy

any unwholesome food or adulterated medicine that remains in the defendant's possession. (Code Crim. Proc., Art. 9.06.)

CHAPTER 49A. DEATH INQUESTS

SUBCHAPTER A. GENERAL PROVISIONS

Art. 49A.001. DEFINITIONS

Art. 49A.002. WHEN DECEASED PERSON OR BODY CONSIDERED

UNIDENTIFIED

SUBCHAPTER B. INQUESTS BY JUSTICE OF THE PEACE

Art. 49A.051. APPLICABILITY

Art. 49A.052. INDEPENDENT AUTHORITY AND DUTIES OF

JUSTICE OF THE PEACE

Art. 49A.053. DEATHS REQUIRING INQUEST

Art. 49A.054. REQUIRED NOTICE TO JUSTICE OF THE PEACE;

OFFENSE

Art. 49A.055. ALTERNATE OFFICIALS REQUIRED TO CONDUCT

INQUESTS; OFFENSE

Art. 49A.056. REQUIRED NOTICE OF DEATH IN PENAL

INSTITUTION

Art. 49A.057. AUTHORITY TO ACT ON CERTAIN INFORMATION

Art. 49A.058. TIME AND PLACE OF INQUEST

Art. 49A.059. OFFENSE: HINDERING AN INQUEST

Art. 49A.060. LIMITATIONS ON MOVING BODY AND PHYSICAL

SURROUNDINGS; OFFENSE

Art. 49A.061. AUTHORITY TO LOCK AND SEAL PREMISES OF

DECEASED PERSON; LIABILITY OF ESTATE

FOR EXPENSES; OFFENSE

Art. 49A.062. AUTHORITY TO DISINTER BODY

Art. 49A.063. AUTOPSIES

Art. 49A.064. TAKING SAMPLES; LIMITED AUTOPSIES

Art. 49A.065. CHEMICAL ANALYSES

Art. 49A.066. LIABILITY OF PERSON PERFORMING AUTOPSY

OR TEST

Art. 49A.067. UNIDENTIFIED BODY

Art. 49A.068. CREMATION; OFFENSE

Art. 49A.069. INQUEST HEARING; CONTEMPT

Art. 49A.070. OFFENSE: FAILING TO APPEAR AT INQUEST

HEARING

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Fiscal NoteView Original

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 31, 2025

TO:	Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB1610 by Leach (Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, KDw, CMA

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Frequently Asked Questions

Common questions about HB1610

What does Texas HB1610 do?

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

Who authored HB1610?

HB1610 was authored by Texas Representative Jeff Leach during the Regular Session.

When was HB1610 signed into law?

HB1610 was signed into law by Governor Greg Abbott on May 28, 2025.

What topics does HB1610 address?

HB1610 addresses topics including criminal procedure, criminal procedure--general and statutory revision.

Legislative data provided by LegiScanLast updated: November 25, 2025

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