Monitoring the Session

HB 2649

bill limiting capital murder liability for coconspirators

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Harold V. Dutton Jr.DHouse 142

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in a capital murder case.

Caption from analyzed text · version I.

Summary

No capital murder conviction just because a coconspirator did the killing.

The bill changes the Texas conspiracy-liability rule so that a person cannot be found guilty of capital murder just because a coconspirator committed it during another planned felony. Defendants in capital murder cases who did not themselves intend the killing are the people it touches. Starting September 1, 2025, prosecutors would need another legal basis to hold such a defendant responsible for capital murder, while the conspiracy rule still applies to all other felonies.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 929 (Died in committee) and this bill (Died in committee). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 929 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Feb 11, 2025 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB2649 · 2025-02-11

SOLD BY

ITEM

relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in a capital murder case.

WHAT IT DOES

No capital murder conviction just because a coconspirator did the killing.

The bill changes the Texas conspiracy-liability rule so that a person cannot be found guilty of capital murder just because a coconspirator committed it during another planned felony. Defendants in capital murder cases who did not themselves intend the killing are the people it touches. Starting September 1, 2025, prosecutors would need another legal basis to hold such a defendant responsible for capital murder, while the conspiracy rule still applies to all other felonies.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Criminal Jurisprudence
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 29, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$65,748.00

Texas Trial Lawyers Association PAC

$65,748.00

Cash
$32,500.00
Paid by others
$33,248.00
Total
$65,748.00
mail $33,248.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101011085, 101033172, 101044523, 101044526, 101072841.

Texas Sands PAC$58,000.00

Texas Sands PAC

$58,000.00

Cash
$58,000.00
Paid by others
$0.00
Total
$58,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Feb 3, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101044526.

Charter Schools Now PAC$36,000.00

Charter Schools Now PAC

$36,000.00

Cash
$1,000.00
Paid by others
$35,000.00
Total
$36,000.00
Other filed descriptions $35,000.00

Also funds 89 other sitting lawmakers.

Derived recipient stock · Oct 29, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jan 22, 2026 to Feb 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101044523, 101061631.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Trial Lawyers Association PAC

$65,748.00

Cash
$32,500.00
Paid by others
$33,248.00
Total
$65,748.00
mail $33,248.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Oct 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101011085, 101033172, 101044523, 101044526, 101072841.

×

Texas Sands PAC

$58,000.00

Cash
$58,000.00
Paid by others
$0.00
Total
$58,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 10, 2024 to Feb 3, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100986461, 101044526.

×

Charter Schools Now PAC

$36,000.00

Cash
$1,000.00
Paid by others
$35,000.00
Total
$36,000.00
Other filed descriptions $35,000.00

Also funds 89 other sitting lawmakers.

Derived recipient stock · Oct 29, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jan 22, 2026 to Feb 28, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101044523, 101061631.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 929

by Rep. Dutton, same lead author · Died in committee · reworked

Introduced text

Last action, Mar 2, 2023: Referred to Criminal Jurisprudence

Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in a capital murder case.

Caption, 88R bill history

Sources

Texas House · Filed Feb 11, 2025

03/18/2025 H Referred to Criminal Jurisprudence: Mar 18 2025 11:56AM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Criminal Jurisprudence · Final status: Died in committee

Subjects

Crimes--Capital Punishment

Criminal Procedure--Sentencing & Punishment

Text

The text as introduced · 260 words

89R11376 EAS-D

By: Dutton
H.B. No. 2649

A BILL TO BE ENTITLED

AN ACT

relating to the extent of a defendant's criminal responsibility for

the conduct of a coconspirator in a capital murder case.

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

SECTION 1. Section 7.02(b), Penal Code, is amended to read

as follows:

(b) If, in the attempt to carry out a conspiracy to commit

one felony, another felony is committed by one of the conspirators,

all conspirators are guilty of the felony actually committed,

though having no intent to commit it, provided that [ if ] the offense

was committed in furtherance of the unlawful purpose and was one

that should have been anticipated as a result of the carrying out of

the conspiracy. This subsection does not apply to the prosecution

of the offense of capital murder. In this subsection, "conspiracy"

means an agreement between two or more persons to commit a felony.

SECTION 2. The change in law made by this Act applies only

to the prosecution of an offense committed on or after the effective

date of this Act. The prosecution of 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 3. This Act takes effect September 1, 2025.