Monitoring the SessionHB 867
Died in committee
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
relating to the dismissal of a criminal case by the attorney representing the state.
Caption from analyzed text · version I.
Specific reasons, such as lack of evidence or actual innocence.
The bill rewrites the rule for how a prosecutor drops a criminal case, requiring a written dismissal statement that gives specific reasons, such as lack of evidence or actual innocence. If the reason is misconduct by a police officer, the prosecutor must put the misconduct information in the case file, refer the officer to the employing agency for internal review, and consider charges against the officer or pass that decision to another prosecutor. It touches prosecutors, judges, defendants and police officers, and it applies to dismissals on or after September 1, 2025, with a judge's consent still required.
Labels: ZOMBIE BILL. Died 2 times: 88R HB 3688 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 3688 (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.PENDING FOREVER. Heard by the House Criminal Jurisprudence committee on Apr 22, 2025 and left pending. Never voted out. The bill died.
89R-HB867 · 2024-11-12
+ 1 coauthor
relating to the dismissal of a criminal case by the attorney representing the state.
Specific reasons, such as lack of evidence or actual innocence.
The bill rewrites the rule for how a prosecutor drops a criminal case, requiring a written dismissal statement that gives specific reasons, such as lack of evidence or actual innocence. If the reason is misconduct by a police officer, the prosecutor must put the misconduct information in the case file, refer the officer to the employing agency for internal review, and consider charges against the officer or pass that decision to another prosecutor. It touches prosecutors, judges, defendants and police officers, and it applies to dismissals on or after September 1, 2025, with a judge's consent still required.
[ ] NONE FOUND
No significant fiscal implication to the State is anticipated.
LBB estimate · fiscal note version I · source
Fiscal note · version I · April 14, 2025
No first-year general revenue figure available here.
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
No verified beat found.
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
Not tied to this bill.
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 12, 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.
$9,000.00
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.
TeamDerived itemized flow · Dec 1, 2024 to Apr 1, 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: 100986920, 101030360, 101059410.
$7,000.00
Also funds 2 other sitting lawmakers.
Derived recipient stock · Dec 11, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.
TEC account match.
Derived itemized flow · on Dec 11, 2024. 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: 100986920.
Missing data does not establish zero giving. Display amounts are rounded.
$9,000.00
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.
TeamDerived itemized flow · Dec 1, 2024 to Apr 1, 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: 100986920, 101030360, 101059410.
$7,000.00
Also funds 2 other sitting lawmakers.
Derived recipient stock · Dec 11, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.
TEC account match.
Derived itemized flow · on Dec 11, 2024. 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: 100986920.
No floor vote loaded for this bill.
No significant fiscal implication to the State is anticipated.
LBB estimate · fiscal note version I · source
Fiscal note · version I · April 14, 2025
No first-year general revenue figure available here.
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
Filed 2 times: 88R and 89R. Checked against 88R only.
by Rep. Jolanda Jones, same lead author · Died in committee · same text
Introduced textLast action, Apr 18, 2023: Left pending in subcommittee
Relating to the dismissal of a criminal case by the attorney representing the state.
Caption, 88R bill history
Texas House · Filed Nov 12, 2024
04/22/2025 H Left pending in committee
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
Criminal Procedure--General
Law Enforcement
The text as introduced · 322 words
89R2134 CJD-D By: Jones of Harris H.B. No. 867 A BILL TO BE ENTITLED AN ACT relating to the dismissal of a criminal case by the attorney representing the state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 32.02, Code of Criminal Procedure, is amended to read as follows: Art. 32.02. DISMISSAL BY STATE'S ATTORNEY. (a) The attorney representing the state [ State ] may, by permission of the court, dismiss a criminal action at any time upon filing a written statement with the papers in the case . (b) A statement of dismissal filed under this article must: (1) [ setting out his reasons for such dismissal, which shall ] be incorporated in the judgment of dismissal ; and (2) set out the attorney representing the state's specific reasons for the dismissal, including lack of evidence or actual innocence . (c) If the specific reason for a dismissal set out under Subsection (b)(2) is the misconduct of a law enforcement officer, the attorney representing the state shall: (1) include in the papers in the case any information relating to the misconduct; (2) refer the matter to the law enforcement agency employing the officer for internal review; and (3) consider whether the filing of a criminal charge against the officer is appropriate or refer the matter to the appropriate attorney representing the state for that consideration. (d) No case shall be dismissed under this article without the consent of the presiding judge. SECTION 2. The change in law made by this Act applies only to the dismissal of a criminal action that occurs on or after the effective date of this Act. A dismissal that occurs before the effective date of this Act is governed by the law in effect on the date of the dismissal, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2025.
