Magistrates explain it in the record within 24 hours.
The bill requires a magistrate who finds no probable cause to support a person's arrest to put written findings explaining that decision into the record within 24 hours. It touches magistrates handling arrestees and the people arrested, along with prosecutors and police whose arrests are rejected. On the ground, a no-probable-cause call now leaves a written explanation in the file, for offenses committed on or after September 1, 2025.
relating to the duty of a magistrate to make written findings in
certain criminal proceedings.
WHAT IT DOES
Magistrates explain it in the record within 24 hours.
The bill requires a magistrate who finds no probable cause to support a person's arrest to put written findings explaining that decision into the record within 24 hours. It touches magistrates handling arrestees and the people arrested, along with prosecutors and police whose arrests are rejected. On the ground, a no-probable-cause call now leaves a written explanation in the file, for offenses committed on or after September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
Senator Huffman moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 3073 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 2.
Published stock of positions for this vote, except where marked derived.
Yea: 29 (published)
Nay: 2 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)
Senate journal. Source snapshot 2026-10-19, Central time.
Names were not printed for yea. Only the named positions are included in member records.
Voice vote. No numeric tally or individual yeas are inferred.
Sources
Senator Huffman moved to suspend the regular order of business, Senate Rule 5.14, and Senate Rule 7.12(a) to take up for consideration SB 3073 at this time on its second reading: SB 3073, Relating to the duty of a magistrate to make written findings in certain criminal proceedings. The motion prevailed. Senators Cook and Miles asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to engrossment 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.
Witnesses6
For
5
Against
1
On
0
Names
For
Phil Sorrells - Tarrant County Criminal District Attorney1 registration
Self1 registration
Self; Chambers County District Attorney’s Office1 registration
89R30755 LHC-F
By: Huffman
S.B. No. 3073
A BILL TO BE ENTITLED
AN ACT
relating to the duty of a magistrate to make written findings in
certain criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.17, Code of Criminal Procedure, is
amended by adding Subsection (h) to read as follows:
(h) Not later than 24 hours after the time a magistrate
determines that no probable cause exists to believe that a person
committed the offense for which the person was arrested, the
magistrate shall enter in the record written findings to support
that finding.
SECTION 2. 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 3. This Act takes effect September 1, 2025.
Monitoring 
