SB 164

bill repeals nine provisions on lawful presence checks

Died in committee

Verdict: No flags

No flagsInitial review

Initial review · graded Oct 19, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to state, local, and court involvement in determining whether victims and witnesses to an offense and certain detained, arrested, or incarcerated persons are lawfully present in the United States.

Caption from analyzed text · version I.

Summary

Nine provisions on checking lawful presence, gone.

This bill repeals nine provisions spread across the Code of Criminal Procedure, Government Code, Local Government Code and Penal Code that, according to its caption, deal with state, local and court involvement in checking whether victims, witnesses and detained, arrested or incarcerated people are lawfully in the United States. It touches police, sheriffs, courts, local governments, bail bond sureties, and immigrants who are victims, witnesses or in custody. On the ground, those listed rules, including one Penal Code section, stop applying, and a bail surety can be released by showing the accused is in federal custody without meeting a separate added condition.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R SB 106 (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 SB 106 (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 Nov 12, 2024 and referred to the Senate State Affairs committee. No public hearing. The bill died.

Receipt

The receipt

89R-SB164 · 2024-11-12

SOLD BY

Sen. José MenéndezDSenate 26

Sen. César BlancoDSenate 29

Sen. Molly CookDSenate 15

+ 2 more authors, 1 coauthor

ITEM

WHAT IT DOES

Nine provisions on checking lawful presence, gone.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

Nov 12, 2024Received by the Secretary of the Senate
Nov 12, 2024Filed
Jan 29, 2025Co-author authorized
Feb 3, 2025Read first time
Feb 3, 2025Referred to State Affairs

FILED UNDER

Beats not yet reviewed.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

José Menéndez

Donors

Kickapoo Traditional Tribes of Texas$25K Texas Trial Lawyers Association PAC$20K Texas REALTORS Political Action Committee$10K

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 2, 2024 to Oct 5, 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.

Kickapoo Traditional Tribes of Texas$25,000.00

Kickapoo Traditional Tribes of Texas

$25,000.00

Cash: $25,000.00
Paid by others: $0.00
Total: $25,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Jan 22, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Jan 22, 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: 101065471.

Texas Trial Lawyers Association PAC$20,000.00

Texas Trial Lawyers Association PAC

$20,000.00

Cash: $20,000.00
Paid by others: $0.00
Total: $20,000.00

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.

Team

Sources

Derived itemized flow · Dec 12, 2024 to Oct 5, 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: 101012370, 101032316, 101072614.

Texas REALTORS Political Action Committee$10,000.00

Texas REALTORS Political Action Committee

$10,000.00

Cash: $10,000.00
Paid by others: $0.00
Total: $10,000.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Dec 2, 2025. 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: 101032316.

Money

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

Kickapoo Traditional Tribes of Texas

$25,000.00

Cash: $25,000.00
Paid by others: $0.00
Total: $25,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Jan 22, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Jan 22, 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: 101065471.

Texas Trial Lawyers Association PAC

$20,000.00

Cash: $20,000.00
Paid by others: $0.00
Total: $20,000.00

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.

Team

Sources

Derived itemized flow · Dec 12, 2024 to Oct 5, 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: 101012370, 101032316, 101072614.

Texas REALTORS Political Action Committee

$10,000.00

Cash: $10,000.00
Paid by others: $0.00
Total: $10,000.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Dec 2, 2025. 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: 101032316.

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 19, 2026, against the published rubric.

FILED BEFORE

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

88R SB 106

by Sen. Menéndez, same lead author · Died in committee · same text

Introduced text

Last action, Feb 15, 2023: Referred to State Affairs

Relating to state, local, and court involvement in determining whether victims and witnesses to an offense and certain detained, arrested, or incarcerated persons are lawfully present in the United States.

Caption, 88R bill history

Sources

Texas Senate · Filed Nov 12, 2024

02/03/2025 S Referred to State Affairs

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 6:51 AM CDT. Grades, charges, quotes and corrections follow the published record.

Coauthors

Carol AlvaradoDSenate 6

Senate committee · State Affairs · Final status: Died in committee

Companion

HB 2837 by Anchía (identical)

Subjects

Aliens

City Government--General

County Government--General

Law Enforcement

Political Subdivisions

Text

The text as introduced · 283 words

89R2830 SCL-F

By: Menéndez, et al.
S.B. No. 164

A BILL TO BE ENTITLED

AN ACT

relating to state, local, and court involvement in determining

whether victims and witnesses to an offense and certain detained,

arrested, or incarcerated persons are lawfully present in the

United States.

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

SECTION 1. The following provisions are repealed:

(1) Article 2A.059, Code of Criminal Procedure;

(2) Article 2A.060, Code of Criminal Procedure;

(3) Article 17.16(a-1), Code of Criminal Procedure;

(4) Article 42.039, Code of Criminal Procedure;

(5) Section 402.0241, Government Code;

(6) Subchapter C, Chapter 752, Government Code;

(7) Section 772.0076, Government Code;

(8) Section 87.031(c), Local Government Code; and

(9) Section 39.07, Penal Code.

SECTION 2. Article 17.16(a), Code of Criminal Procedure, is

amended to read as follows:

(a) A surety may before forfeiture relieve the surety of the

surety's undertaking by:

(1) surrendering the accused into the custody of the

sheriff of the county where the prosecution is pending; or

(2) delivering to the sheriff of the county in which

the prosecution is pending and to the office of the prosecuting

attorney an affidavit stating that the accused is incarcerated in[ :

[ (A) ] federal custody, in [ subject to Subsection

(a-1);

[ (B) ] the custody of any state , [ ; ] or in

[ (C) ] any county of this state.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.