Monitoring the Session

HB 305

pretrial hearing within 30 days of restored competency

Vetoed

Verdict: No flags

No flagsInitial review
Rep. Richard HayesRHouse 57

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 time period for conducting a pretrial hearing after a criminal defendant has been restored to competency.

Caption from analyzed text · version I.

Summary

Courts get 30 days after finding a defendant restored.

The bill says that once a court finds a criminal defendant has been restored to competency, any pretrial hearing in that case must be held within 30 days of that finding. It touches defendants who were found incompetent to stand trial and later restored, along with the courts, prosecutors and defense lawyers handling their cases. On the ground, courts lose open-ended time to schedule pretrial hearings for these defendants, though the case itself still does not have to be finished by any deadline.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 4037 (Did not pass) and this bill (Vetoed). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 4037 (Did not pass). 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.CROSS-PARTY HANDOFF. Lead author Richard Hayes (R) in the House. Lead sponsor Molly Cook (D) in the Senate. Party as the Legislative Reference Library lists it for the 89th Legislature.QUICK READ: 120 WORDS. The bill as filed runs 120 words, counting the existing law it amends and the text it strikes. The median 89R bill as filed runs 441 words (derived, 8,702 graded bills, snapshot Oct 19, 2026).

Receipt

The receipt

89R-HB305 · 2024-11-12

SOLD BY

Rep. Richard HayesRHouse 57

ITEM

relating to the time period for conducting a pretrial hearing after a criminal defendant has been restored to competency.

WHAT IT DOES

Courts get 30 days after finding a defendant restored.

The bill says that once a court finds a criminal defendant has been restored to competency, any pretrial hearing in that case must be held within 30 days of that finding. It touches defendants who were found incompetent to stand trial and later restored, along with the courts, prosecutors and defense lawyers handling their cases. On the ground, courts lose open-ended time to schedule pretrial hearings for these defendants, though the case itself still does not have to be finished by any deadline.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 18, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Criminal Jurisprudence
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Committee substitute considered in committee
  7. Testimony taken/registration(s) recorded in committee
  8. Left pending in committee
  9. Considered in public hearing
  10. Committee substitute considered in committee
  11. Reported favorably as substituted
  12. Comte report filed with Committee Coordinator
  13. Committee report distributed
  14. Committee report sent to Calendars
  15. Considered in Calendars
  16. Considered in Calendars
  17. Placed on General State Calendar
  18. Read 2nd time
  19. Passed to engrossment
  20. Record vote RV#2230
  21. Statement(s) of vote recorded in Journal
  22. Read 3rd time
  23. Passed
  24. Record vote RV#2296
  25. Statement(s) of vote recorded in Journal
  26. Reported engrossed
  27. Received from the House
  28. Read first time
  29. Referred to Criminal Justice
  30. Scheduled for public hearing on . . .
  31. Considered in public hearing
  32. Testimony taken in committee
  33. Vote taken in committee
  34. Reported favorably w/o amendments
  35. Recommended for local & uncontested calendar
  36. Committee report printed and distributed
  37. Co-sponsor authorized
  38. Placed on intent calendar
  39. Rules suspended-Regular order of business
  40. Read 2nd time & passed to 3rd reading
  41. Vote recorded in Journal
  42. Three day rule suspended
  43. Record vote
  44. Read 3rd time
  45. Passed
  46. Record vote
  47. Senate passage reported
  48. Reported enrolled
  49. Signed in the House
  50. Signed in the Senate
  51. Sent to the Governor
  52. Vetoed by the Governor
FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 136 yea · 4 nay

Senate · 31 yea · 0 nay

Sources

House: Final passage · May 13, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · May 23, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Richard Hayes

Donors

Texans for Lawsuit Reform PAC$205KTexas Conservative Majority PAC$40KMichael Tenny$20,000

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 · Oct 28, 2024 to Oct 23, 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.

Texans for Lawsuit Reform PAC$204,650.12

Texans for Lawsuit Reform PAC

$204,650.12

Cash
$85,000.00
Paid by others
$119,650.12
Total
$204,650.12
mail $104,250.12polling $15,400.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 20, 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: 101010307, 101032268, 101069605, 101071583.

Texas Conservative Majority PAC$40,400.00

Texas Conservative Majority PAC

$40,400.00

Cash
$25,000.00
Paid by others
$15,400.00
Total
$40,400.00
polling $15,400.00

Also funds 42 other sitting lawmakers.

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

TEC account match.

Team
Sources

Derived itemized flow · Sep 22, 2026 to Oct 13, 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: 101069605, 101071583.

Michael Tenny$20,000.00
Money

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

×

Texans for Lawsuit Reform PAC

$204,650.12

Cash
$85,000.00
Paid by others
$119,650.12
Total
$204,650.12
mail $104,250.12polling $15,400.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 20, 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: 101010307, 101032268, 101069605, 101071583.

×

Texas Conservative Majority PAC

$40,400.00

Cash
$25,000.00
Paid by others
$15,400.00
Total
$40,400.00
polling $15,400.00

Also funds 42 other sitting lawmakers.

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

TEC account match.

Team
Sources

Derived itemized flow · Sep 22, 2026 to Oct 13, 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: 101069605, 101071583.

Votes5

Senate May 23, 2025

Yea
31
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Sources

Senator Cook moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 305 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 31, Nays 0. The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.

Published stock of positions for this vote, except where marked derived.

  • Yea: 31 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 23, 2025

Yea
31
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Sources

Senator Cook moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 305 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 31, Nays 0.

Published stock of positions for this vote, except where marked derived.

  • Yea: 31 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 23, 2025

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

The bill was read second time and was passed to third reading by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

House May 13, 2025

Yea
136
Nay
4
Present, not voting
2
Absent
2
Excused
6
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2296

HB 305 was passed by (Record 2296): 136 Yeas, 4 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 136 (published)
  • Nay: 4 (published)
  • Present, not voting: 2 (published)
  • Absent: 2 (derived from named list)
  • Excused: 6 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 12, 2025

Yea
140
Nay
1
Present, not voting
1
Absent
3
Excused
5
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2230

CSHB 305 was passed to engrossment by (Record 2230): 140 Yeas, 1 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 140 (published)
  • Nay: 1 (published)
  • Present, not voting: 1 (published)
  • Absent: 3 (derived from named list)
  • Excused: 5 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses18
For
16
Against
0
On
2
Names

For

  • Dallas County Criminal District Attorney John Creuzot1 registration
  • Dallas Criminal District Attorney John Creuzot1 registration
  • Harris County Commissioners Court2 registrations
  • Methodist Healthcare Ministries2 registrations
  • NAMI Texas2 registrations
  • Self4 registrations
  • Self; Harris County Sheriff’s Office1 registration
  • Self; Texas Jail Project1 registration
  • Texas Appleseed2 registrations

On

  • Health and Human Services Commission1 registration
  • Texas Commission on Jail Standards1 registration
Sources

18 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 18, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

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 4037

by Rep. Hayes, same lead author · Did not pass · same text

Introduced text

Last action, May 11, 2023: Placed on General State Calendar

Relating to the time period for conducting a pretrial hearing after a criminal defendant has been restored to competency.

Caption, 88R bill history

Sources

Texas House · Filed Nov 12, 2024

06/22/2025 E Vetoed by the Governor

Texas Legislature Online · Introduced · House Committee Report · Engrossed · Senate Committee Report · Enrolled

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

Sponsors
Molly CookDSenate 15
Cosponsors
Royce WestDSenate 23

House committee · Criminal Jurisprudence · Committee vote 11 aye, 0 nay · Out of committee

Senate committee · Criminal Justice · Committee vote 6 aye, 0 nay, 1 absent · Out of committee

Companion

SB 2096 by Cook (identical)

Subjects

Criminal Procedure--General

Criminal Procedure--Pretrial Procedure

Mental Health & Substance Abuse

MENTAL INCOMPETENCY

Text

The text as introduced · 120 words

89R3509 EAS-D

By: Hayes
H.B. No. 305

A BILL TO BE ENTITLED

AN ACT

relating to the time period for conducting a pretrial hearing after

a criminal defendant has been restored to competency.

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

SECTION 1. Article 46B.084(d-1), Code of Criminal

Procedure, is amended to read as follows:

(d-1) This article does not require the criminal case to be

finally resolved within any specific period , except that any

pretrial hearing in the case must be conducted not later than the

30th day after the date of the court's determination under this

article that the defendant's competency has been restored .

SECTION 2. This Act takes effect September 1, 2025.