SB1021

Regular Session

Relating to changing the eligibility for community supervision of a person convicted of stalking and to the offense of improper contact with the person's victim.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Department of State Health Services (DSHS) • Texas Department of Criminal Justice (TDCJ) • Criminal Courts

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: August 31, 2025 (All background check protocols must be updated prior to the effective date to prevent hiring ineligible personnel).
Agency Rulemaking: DSHS will likely update 25 TAC 157 (EMS Rules) to incorporate Stalking into the disciplinary matrix. Expect a "regulatory gray zone" in Q4 2025 where the statute is active, but agency administrative procedures are still being finalized.

Immediate Action Plan

1. Audit the Administrator: Immediately run a fresh criminal history check on your EMS Administrator of Record.
2. Update Screening Criteria: Contact your background check vendor to add Penal Code 42.072 to your automatic disqualification list effective immediately.
3. Revise Handbooks: Insert a mandatory self-reporting policy for arrests related to stalking and harassment.
4. Review Insurance: Consult your broker regarding Employment Practices Liability Insurance (EPLI) coverage for wrongful termination claims arising from statutory compliance.

Operational Changes Required

Contracts

Employment Agreements: Update "Termination for Cause" clauses to explicitly include "arrest, indictment, or conviction for Stalking (PC 42.072)" as grounds for immediate dismissal without severance.
Subcontractor MSAs: If you utilize third-party EMS staffing or transport vendors, amend Master Services Agreements to require the vendor to certify their personnel have been screened for Stalking offenses. Their non-compliance puts *your* license at risk.

Hiring/Training

Background Check Filters: Instruct your background check providers to flag Penal Code 42.072 (Stalking) as a "Do Not Hire" offense immediately.
Leadership Vetting: You must re-screen your "Administrator of Record." Under the new law, a conviction against this specific individual triggers license action against the entire entity.
Duty to Report: Update employee handbooks to require personnel to report any arrest or indictment for Stalking to compliance officers within 24 hours.

Reporting & Record-Keeping

Verification Logs: Create a compliance log documenting that all current staff and administrators have been screened against the updated exclusion list as of September 1, 2025.
Correctional Interaction: If your business facilitates communication for inmates (e.g., telecom vendors), you must implement blocks preventing inmates convicted of stalking from contacting victims without written consent on file.

Fees & Costs

No New State Fees: The bill does not impose new filing fees.
Operational Costs: Anticipate increased recruitment costs. Because probation is no longer an option for Stalking, employees charged with this offense face mandatory incarceration, requiring immediate backfilling of positions.

Strategic Ambiguities & Considerations

Definition of "Representative": The statute allows license revocation if a "representative" of the provider is convicted, but does not define the term. Until DSHS rulemaking clarifies, businesses must assume this includes independent contractors, legal counsel, and third-party billing agents acting on the provider's behalf.
The "Element" Trap: The law applies to offenses committed on or after September 1, 2025. However, if *any element* of a stalking offense (which is often a pattern of conduct) occurs after this date, the new strict penalties apply. Do not rely on the timeline of the initial arrest; look at the dates of the alleged conduct.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--against Persons Crimes--against Persons--general Mandatory & Community Supervision Stalking State Health Services, Department of

Official Analysis

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BILL ANALYSIS

Senate Research Center	S.B. 1021
89R7690 JDK-D	By: Huffman
	Criminal Justice
	3/13/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 1021 addresses victim safety concerns related to stalking by amending the Code of Criminal Procedure to make stalking offenses ineligible for community supervision. It also authorizes the Department of State Health Services to suspend, revoke, or deny emergency medical services certifications or licenses if personnel, providers, or their affiliates have stalking-related convictions or deferred adjudications.

As proposed, S.B. 1021 amends current law relating to changing the eligibility for community supervision of a person convicted of stalking.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 42A.054(a), Code of Criminal Procedure, as follows:

(a) Provides that Article 42A.053 (Judge-Ordered Community Supervision) does not apply to a defendant adjudged guilty of an offense under certain provisions, including Section 42.072 (Stalking), Penal Code. Makes nonsubstantive changes.

SECTION 2. Amends Section 773.0614(c), Health and Safety Code, to make a conforming change.

SECTION 3. Amends Section 773.06141(a), Health and Safety Code, as effective April 1, 2025, to make a conforming change.

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 2025.

Senate Authors

Sen. Joan HuffmanRepublican · Primary Author

House Sponsors

Rep. Sam HarlessRepublican · Primary Sponsor

Joint Sponsors

Bill Text(with markup)

S.B. No. 1021

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to changing the eligibility for community supervision of a
	person convicted of stalking and to the offense of improper contact
	with the person's victim.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 42A.054(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a) Article 42A.053 does not apply to a defendant adjudged
	guilty of an offense under:
	(1) Section 15.03, Penal Code, if the offense is
	punishable as a felony of the first degree;
	(2) Section 19.02, Penal Code (Murder);
	(3) Section 19.03, Penal Code (Capital Murder);
	(4) Section 20.04, Penal Code (Aggravated
	Kidnapping);
	(5) Section 20A.02, Penal Code (Trafficking of
	Persons);
	(6) Section 20A.03, Penal Code (Continuous
	Trafficking of Persons);
	(7) Section 21.11, Penal Code (Indecency with a
	Child);
	(8) Section 22.011, Penal Code (Sexual Assault);
	(9) Section 22.021, Penal Code (Aggravated Sexual
	Assault);
	(10) Section 22.04(a)(1), Penal Code (Injury to a
	Child, Elderly Individual, or Disabled Individual), if:
	(A) the offense is punishable as a felony of the
	first degree; and
	(B) the victim of the offense is a child;
	(11) Section 29.03, Penal Code (Aggravated Robbery);
	(12) Section 30.02, Penal Code (Burglary), if:
	(A) the offense is punishable under Subsection
	(d) of that section; and
	(B) the actor committed the offense with the
	intent to commit a felony under Section 21.02, 21.11, 22.011,
	22.021, or 25.02, Penal Code;
	(13) Section 42.072, Penal Code (Stalking);
	(14) Section 43.04, Penal Code (Aggravated Promotion
	of Prostitution);
	(15) [~~(14)~~] Section 43.05, Penal Code (Compelling
	Prostitution);
	(16) [~~(15)~~] Section 43.25, Penal Code (Sexual
	Performance by a Child);
	(17) [~~(16)~~] Section 43.26, Penal Code (Possession or
	Promotion of Child Pornography);
	(18) [~~(17)~~] Chapter 481, Health and Safety Code, for
	which punishment is increased under:
	(A) Section 481.140 of that code (Use of Child in
	Commission of Offense); or
	(B) Section 481.134(c), (d), (e), or (f) of that
	code (Drug-free Zones) if it is shown that the defendant has been
	previously convicted of an offense for which punishment was
	increased under any of those subsections; or
	(19) [~~(18)~~] Section 481.1123, Health and Safety Code
	(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
	offense is punishable under Subsection (d), (e), or (f) of that
	section.
	SECTION 2. Section 773.0614(c), Health and Safety Code, is
	amended to read as follows:
	(c) A certificate holder's certificate shall be revoked if
	the certificate holder has been convicted of or placed on deferred
	adjudication community supervision or deferred disposition for:
	(1) an offense listed in Article 42A.054(a)(2), (3),
	(4), (7), (8), (9), (11), or (18) [~~(17)~~], Code of Criminal
	Procedure; or
	(2) an offense, other than an offense described by
	Subdivision (1), committed on or after September 1, 2009, for which
	the person is subject to registration under Chapter 62, Code of
	Criminal Procedure.
	SECTION 3. Section 773.06141(a), Health and Safety Code, as
	effective April 1, 2025, is amended to read as follows:
	(a) The department may suspend, revoke, or deny an emergency
	medical services provider license on the grounds that the
	provider's administrator of record, employee, or other
	representative:
	(1) has been convicted of, or placed on deferred
	adjudication community supervision or deferred disposition for, an
	offense that directly relates to the duties and responsibilities of
	the administrator, employee, or representative, other than an
	offense described by Section 542.304, Transportation Code;
	(2) has been convicted of or placed on deferred
	adjudication community supervision or deferred disposition for an
	offense, including:
	(A) an offense listed in Article 42A.054(a)(2),
	(3), (4), (7), (8), (9), (11), or (18) [~~(17)~~], Code of Criminal
	Procedure; or
	(B) an offense, other than an offense described
	by Subdivision (1), for which the person is subject to registration
	under Chapter 62, Code of Criminal Procedure; or
	(3) has been convicted of Medicare or Medicaid fraud,
	has been excluded from participation in the state Medicaid program,
	or has a hold on payment for reimbursement under the state Medicaid
	program under Subchapter G, Chapter 544, Government Code.
	SECTION 4. Section 38.111(a), Penal Code, is amended to
	read as follows:
	(a) A person commits an offense if the person, while
	confined in a correctional facility after being charged with or
	convicted of an offense under Section 42.072 or listed in Article
	62.001(5), Code of Criminal Procedure, contacts by letter,
	telephone, or any other means, either directly or through a third
	party, a victim of the offense or a member of the victim's family,
	if the director of the correctional facility has not, before the
	person makes contact with the victim:
	(1) received written and dated consent to the contact
	from:
	(A) the victim, if the victim was 17 years of age
	or older at the time of the commission of the offense for which the
	person is confined; or
	(B) if the victim was younger than 17 years of age
	at the time of the commission of the offense for which the person is
	confined:
	(i) a parent of the victim;
	(ii) a legal guardian of the victim;
	(iii) the victim, if the victim is 17 years
	of age or older at the time of giving the consent; or
	(iv) a member of the victim's family who is
	17 years of age or older; and
	(2) provided the person with a copy of the consent.
	SECTION 5. The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 6. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 17, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1021 by Huffman (Relating to changing the eligibility for community supervision of a person convicted of stalking.), As Introduced

Estimated Two-year Net Impact to General Revenue Related Funds for SB1021, As Introduced: a positive impact of $270,578 through the biennium ending August 31, 2027.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

General Revenue-Related Funds, Five- Year Impact:

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2026	$25
2027	$270,553
2028	($9,484,164)
2029	($20,233,682)
2030	($20,153,299)

All Funds, Five-Year Impact:

Fiscal Year	Probable Savings/(Cost) from General Revenue Fund 1
2026	$25
2027	$270,553
2028	($9,484,164)
2029	($20,233,682)
2030	($20,153,299)

Fiscal Analysis

The bill would remove eligibility for judge-ordered community supervision for a defendant adjudged guilty of the offense of stalking.

Methodology

Population trends based on the January 2025 Biennial Report on Adult Criminal Justice Populations Fiscal Years 2018 to 2030were analyzed to determine the number of individuals who would no longer be eligible for community supervision under the bill's provisions and instead would likely be admitted into a state correctional facility.

Based on the Biennial Report, the uniform cost per day for an adult incarcerated in a Texas Department of Criminal Justice systemwide facility was $86.50. In fiscal year 2024, there were 163 individuals who likely would have been admitted into a state correctional facility instead of being placed on community supervision under the bill's provisions for an offense of stalking. Differences in the average time between offense and admission to a state correctional institution as opposed to placement onto community supervision results in an initial savings by removing people from supervision, followed by a cost beginning in the third year due to increased entries into a state correctional facility. The initial savings are estimated based on the state uniform costs per day for an adult on felony community supervision ($2.44) and on misdemeanor community supervision ($0.70).

Local Government Impact

While the fiscal impact to units of local government cannot be determined, it would be contingent on costs associated with enforcement, prosecution, supervision, or confinement related to stalking offenses.

Source Agencies:

LBB Staff:

JMc, MGol, AMr

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Frequently Asked Questions

Common questions about SB1021

What does Texas SB1021 do?

SB1021 creates a "death penalty" risk for Emergency Medical Services (EMS) business licenses while simultaneously removing judicial discretion for probation in Stalking cases. Effective September 1, 2025, the Department of State Health Services (DSHS) gains statutory authority to suspend, revoke, or deny an EMS Provider license if an administrator, employee, or representative is convicted of Stalking (Penal Code 42. 072).

Who authored SB1021?

SB1021 was authored by Texas Senator Joan Huffman during the Regular Session.

When was SB1021 signed into law?

SB1021 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB1021?

SB1021 is enforced by Texas Department of State Health Services (DSHS), Texas Department of Criminal Justice (TDCJ) and Criminal Courts.

How urgent is compliance with SB1021?

The compliance urgency for SB1021 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1021?

The cost impact of SB1021 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1021 address?

SB1021 addresses topics including crimes, crimes--against persons, crimes--against persons--general, mandatory & community supervision and stalking.

Legislative data provided by LegiScanLast updated: November 25, 2025

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