Monitoring the Session

SB 888

attorney general can defend local prosecutors in federal court

Became law, effective Sep 1, 2025

Verdict: No flags

No flagsInitial review
Sen. Lois KolkhorstRSenate 18

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court.

Caption from analyzed text · version F.

Summary

Only if the case involves enforcing state law and they ask.

The bill lets the attorney general defend a district attorney or county attorney who is sued in federal court. The defense is allowed only when the prosecutor is sued because of the office, the case involves enforcing a state law, and the prosecutor asks for help. Starting September 1, 2025, local prosecutors hit with federal suits over state laws can get the state's lawyers on their side, but the attorney general is not required to step in.

Labels

Labels: BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 950 (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.

Receipt

The receipt

89R-SB888 · 2025-01-23

SOLD BY

Sen. Lois KolkhorstRSenate 18

ITEM

relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court.

WHAT IT DOES

Only if the case involves enforcing state law and they ask.

The bill lets the attorney general defend a district attorney or county attorney who is sued in federal court. The defense is allowed only when the prosecutor is sued because of the office, the case involves enforcing a state law, and the prosecutor asks for help. Starting September 1, 2025, local prosecutors hit with federal suits over state laws can get the state's lawyers on their side, but the attorney general is not required to step in.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · February 26, 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. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to State Affairs
  5. Scheduled for public hearing on . . .
  6. Considered in public hearing
  7. Testimony taken in committee
  8. Left pending in committee
  9. Considered in public hearing
  10. Vote taken in committee
  11. Reported favorably w/o amendments
  12. Recommended for local & uncontested calendar
  13. Committee report printed and distributed
  14. Placed on local & uncontested calendar
  15. Laid before the Senate
  16. Read 2nd time & passed to engrossment
  17. Vote recorded in Journal
  18. Three day rule suspended
  19. Record vote
  20. Read 3rd time
  21. Passed
  22. Record vote
  23. Reported engrossed
  24. Received from the Senate
  25. Read first time
  26. Referred to State Affairs
  27. Considered in public hearing
  28. Reported favorably w/o amendment(s)
  29. Comte report filed with Committee Coordinator
  30. Committee report distributed
  31. Committee report sent to Calendars
  32. Laid out in lieu of companion HB 2460
  33. Read 2nd time
  34. Passed to 3rd reading
  35. Record vote RV#1674
  36. Statement(s) of vote recorded in Journal
  37. Read 3rd time
  38. Postponed 5/8/25 4:00 PM
  39. Laid out as postponed business
  40. Postponed 5/9/25 9:51 AM
  41. Laid out as postponed business
  42. Passed
  43. Record vote RV#1896
  44. Statement(s) of vote recorded in Journal
  45. House passage reported
  46. Reported enrolled
  47. Signed in the Senate
  48. Signed in the House
  49. Sent to the Governor
  50. Signed by the Governor
  51. Effective on 9/1/25
FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 127 yea · 10 nay

Senate · 27 yea · 3 nay

Sources

House: Final passage · May 9, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · Apr 10, 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

Lois Kolkhorst

Donors

Texans for Lawsuit Reform PAC$60KBorder Health PAC$35KSRR Ranches, LLC$30K

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 11, 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$60,000.00

Texans for Lawsuit Reform PAC

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

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 · Nov 19, 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.

Report IDs: 101007416, 101012417, 101070754.

Border Health PAC$35,000.00

Border Health PAC

$35,000.00

Cash
$35,000.00
Paid by others
$0.00
Total
$35,000.00

Also funds 17 other sitting lawmakers.

Derived recipient stock · Oct 28, 2024 to Aug 26, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Dec 6, 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: 101012417.

SRR Ranches, LLC$30,000.00

SRR Ranches, LLC

$30,000.00

Cash
$30,000.00
Paid by others
$0.00
Total
$30,000.00

Also funds 3 other sitting lawmakers.

Derived recipient stock · Oct 23, 2024 to Oct 8, 2026. State data as of Nov 4, 2026.

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

Sources

Derived itemized flow · Oct 23, 2024 to Oct 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: 101012417, 101070754.

Money

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

×

Texans for Lawsuit Reform PAC

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

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 · Nov 19, 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.

Report IDs: 101007416, 101012417, 101070754.

×

Border Health PAC

$35,000.00

Cash
$35,000.00
Paid by others
$0.00
Total
$35,000.00

Also funds 17 other sitting lawmakers.

Derived recipient stock · Oct 28, 2024 to Aug 26, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Dec 6, 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: 101012417.

×

SRR Ranches, LLC

$30,000.00

Cash
$30,000.00
Paid by others
$0.00
Total
$30,000.00

Also funds 3 other sitting lawmakers.

Derived recipient stock · Oct 23, 2024 to Oct 8, 2026. State data as of Nov 4, 2026.

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

Sources

Derived itemized flow · Oct 23, 2024 to Oct 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: 101012417, 101070754.

Votes5

House May 9, 2025

Yea
127
Nay
10
Present, not voting
2
Absent
7
Excused
4
Names

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

House journal

Sources

Record 1896

SB 888 was passed by (Record 1896): 127 Yeas, 10 Nays, 2 Present, not voting.

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

  • Yea: 127 (published)
  • Nay: 10 (published)
  • Present, not voting: 2 (published)
  • Absent: 7 (derived from named list)
  • Excused: 4 (derived from named list)

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

House May 7, 2025

Yea
134
Nay
7
Present, not voting
3
Absent
2
Excused
4
Names

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

House journal

Sources

Record 1674

SB 888 was passed to third reading by (Record 1674): 134 Yeas, 7 Nays, 3 Present, not voting.

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

  • Yea: 134 (published)
  • Nay: 7 (published)
  • Present, not voting: 3 (published)
  • Absent: 2 (derived from named list)
  • Excused: 4 (derived from named list)

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

Senate Apr 10, 2025

Final passage

Yea
27
Nay
3
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

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

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records final passage. Repeated tallies belong to separate votes.

Sources

SB 888 (Kolkhorst) Relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court. (viva voce vote) (27-3) "Nays" Cook, Gutierrez, Johnson (27-3) "Nays" Cook, Gutierrez, Johnson

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

  • Yea: 27 (published)
  • Nay: 3 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

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

Senate Apr 10, 2025

Suspension of the three-day rule

Yea
27
Nay
3
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

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

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records suspension of the three-day rule. Repeated tallies belong to separate votes.

Sources

SB 888 (Kolkhorst) Relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court. (viva voce vote) (27-3) "Nays" Cook, Gutierrez, Johnson (27-3) "Nays" Cook, Gutierrez, Johnson

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

  • Yea: 27 (published)
  • Nay: 3 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

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

Senate Apr 10, 2025

Passage to engrossment

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.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records passage to engrossment. Repeated tallies belong to separate votes.

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

Sources

SB 888 (Kolkhorst) Relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court. (viva voce vote) (27-3) "Nays" Cook, Gutierrez, Johnson (27-3) "Nays" Cook, Gutierrez, Johnson

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.

Witnesses5
For
4
Against
0
On
1
Names

For

  • Self2 registrations
  • Self; Texas Constitutional Enforcement1 registration
  • Self; Texas Values1 registration

On

  • Office of the Attoney General1 registration
Sources

5 parsed registrations across the loaded witness lists.

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

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 I · source

Sources

Fiscal note · version I · February 26, 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 F by claude-opus-5-5, Oct 22, 2026, against the published rubric.

FILED BEFORE

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

88R SB 950

by Sen. Kolkhorst, same lead author · Did not pass · same text

Introduced text

Last action, May 23, 2023: Placed on General State Calendar

Relating to the attorney general's defense of a district or county attorney against certain lawsuits in federal court.

Caption, 88R bill history

Sources

Texas Senate · Filed Jan 23, 2025

05/24/2025 E Effective on 9/1/25

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

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

Sponsors
Jeff LeachRHouse 67

House committee · State Affairs · Committee vote 14 aye, 0 nay · Out of committee

Senate committee · State Affairs · Committee vote 11 aye, 0 nay · Out of committee

Companion

HB 2460 by Leach (identical)

Subjects

Courts--General

Courts--Prosecuting Attorneys

Lawyers

ATTORNEY GENERAL

Text

The text as introduced · 228 words

89R2995 TSS-F

By: Kolkhorst
S.B. No. 888

A BILL TO BE ENTITLED

AN ACT

relating to the attorney general's defense of a district or county

attorney against certain lawsuits in federal court.

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

SECTION 1. The heading to Section 402.024, Government Code,

is amended to read as follows:

Sec. 402.024. DEFENSE OF DISTRICT ATTORNEY , COUNTY

ATTORNEY, OR GRAND JUROR.

SECTION 2. Section 402.024, Government Code, is amended by

adding Subsection (c) to read as follows:

(c) The attorney general may defend a state district

attorney or a county attorney in an action in a federal court if:

(1) the district or county attorney is a defendant

because of the district or county attorney's position;

(2) the cause of action relates to the enforcement of a

state statute; and

(3) the district or county attorney requests the

attorney general's assistance in the defense.

SECTION 3. Section 402.024, Government Code, as amended by

this Act, applies only to a court action filed in federal court on

or after the effective date of this Act. A court action filed

before the effective date of this Act is governed by the law in

effect on the date the action was filed, and the former law is

continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.