New Laws for Texas Jails

The Texas Commission on Jail Standards (TCJS) sent technical assistance memorandum #25-02 to all sheriffs and jail administrators in Texas on July 31, 2025. The 5-page memo introduces new laws produced by the 89th Legislative Session that impact county jails in the state. The county jails are urged by the Commission to read the laws and, to ensure full compliance, consult their attorneys.

The memo from TCJS Executive Director Brandon Wood provides details on each of nine new laws, plus a prospective tenth law that requires voter approval. The laws are presented and/or summarized below with some helpful clarifications and links provided by the Law Offices of Dean Malone.

SB8

An addition is made to the Texas Statutes Government Code. Under Title 7, which regards Intergovernmental Relations, Chapter 753 has been added. This new requirement for Texas jails states that each county in which a jail is in operation shall enter into a 287(g) agreement with U.S. Immigration and Customs Enforcement (ICE).

Counties can choose from three different 287(g) models/types, as follows:

The Task Force Model serves as a force multiplier for the purpose of enhancing the capabilities of law enforcement agencies to enforce limited immigration authority with ICE oversight during their routine police duties.
The Jail Enforcement Model is designed to identify and process removable aliens with criminal or pending criminal charges who are arrested by state or local law enforcement agencies.
The Warrant Service Officer Program allows ICE to train, certify, and authorize state and local law enforcement officers to serve and execute administrative warrants on aliens in their agency’s jail.

Funds will be administered through a grant program to support counties participating in the 287(g) agreements. The funding amounts are based on the county’s population. For example, $80,000 will be administered to participating counties with a population that is less than 100,000. Counties with one million or more residents will receive $140,000.

These funds will only be used to cover the costs that the federal government does NOT reimburse. Grant money may be spent over two years on the following and more items listed in the memo:

Compensation for persons performing duties under the agreement;
Generating and delivering reports required by the agreement, including administrative duties required by this subchapter;
Equipment and related services for peace officers and other persons related to the agreement, including the cost of repairing or replacing equipment required but not provided under the agreement; and
Costs to the county for confining inmates under the authority granted under the agreement.

In addition, a grant awarded to a Sheriff may also cover any costs incurred by the Sheriff between September 30, 2025, and January 1, 2026.

SB1563

Law SB1563 amends Occupation Code section 1701.310(a) -Appointment of County Jailer; Training Required. Now, in order to receive a jailer’s license, individuals must also receive training on interacting with veterans within the criminal justice system. Any jailers who already hold a jailer’s license must complete the veterans training program no later than August 31, 2027. The Texas Commission on Law Enforcement (TCOLE) has the responsibility of developing this course. Any questions about this course should be directed to TCOLE.

SB2405

Law SB2405 amends Subchapter F, Chapter 499, Government Code. Chapter F details the “Procedures for Reducing County Jail Backlog.” Section 499.1214 is now added, which requires annual pen packet training for county jails/employees. The required training may be offered in person or online.

A pen packet, aka penitentiary packet, is a collection of documents that must be submitted to the Texas Department of Criminal Justice (TDCJ) when an individual is sentenced to a state correctional facility. These packets are crucial for transferring inmates from county jails to state prisons and ensuring they are properly processed for intake into the TDCJ system. Contact TDCJ at paperready@tdcj.texas.gov for more information about pen packet training.

HB2492

Article 17.291(b) in the Code of Criminal Procedure is amended to state the following:

If an inmate is charged with an offense involving family violence, the inmate shall be held for four hours after their bond has been posted.

This Act takes effect September 1, 2025.

SB9

Under SB9, the Code of Criminal Procedure Article 17.021-Public Safety Report System is amended with the addition of Subsections (h) and (h-1), which state the following:

(h) The Public Safety Report System must be configured to allow a county to integrate the public safety report system with their jail records management system (JMS) and case management system.
(h-1) The Office of Court Administration (OCA) may provide grants to reimburse counties for costs related to integrating their systems.

This portion of the Act takes effect January 1, 2026, and the grant expires on August 31, 2027.

SB9 also amends Code of Criminal Procedure Article 44-Appeal and Writ of Error by amending Article 44.01-Appeal by State Subsections (a) and (g) and adding Subsections (f-1) and (f-2), which would affect the following changes:

A District Attorney (DA) can appeal bail decisions for certain offenses if they believe the bail is insufficient. A court of appeals must then review the bail decision and issue an order no later than 20 days after the appeal is filed. If the DA believes the initial bail is insufficient, the inmate must be held in county jail while the appeal is pending (which will be up to 20 days).

This portion of the Act takes effect September 1, 2025.

SB9, additionally, covers the following topics that may indirectly impact county jails; thus, we strongly recommend reading SB9 in its entirety:

Defendants with certain charges and conditions cannot be released on bail in counties with a magistrate appointed under Gov. Code Chapter 54, which is titled: Masters; Magistrates; Referees; Associate Judges.
Magistrates cannot modify bail.
Inmates released on bail and rearrested in another county.
Charitable bail organization reporting requirements are being shifted from the Sheriff to the Office of Court Administration.
Inmates charged with a felony may not be released on bail unless they have appeared before the magistrate and the magistrate has considered the public safety report prepared for the defendant.
Defendants who plead guilty for certain offenses punishable as a felony of the second degree or higher are required to be taken into custody and confined until the defendant is sentenced.

SB1164

The Texas Health and Safety Code Chapter 573-Emergency Detention, Section 001(a) is amended in SB1164 to make it easier to place an emergency detention order (EDO) and take a person into custody. The change adds the following:

a peace officer, without a warrant, may take a person into custody, regardless of the age of the person, if the officer has reason to believe that the person has a mental illness and because of their mental illness:

Demonstrates severe emotional distress and deterioration in the person’s mental condition; or
Demonstrates an inability to recognize symptoms or appreciate the risks and benefits of treatment;
- is likely, without immediate detention, to suffer serious risk of harm or to inflict serious harm on another person; and
- there is not sufficient time to obtain a warrant before taking the person into custody.

This act takes effect September 1, 2025. This is relevant to jails as persons may be taken to a jail or similar detention facility in an extreme emergency (such as a medical facility not being available). A person detained in a jail or a non-medical facility shall be kept separate from any person who is charged with or convicted of a crime.

SB2938

SB2938 amends Texas Gov Code Sec. 511-Commission on Jail Standards Section 009(a)-General Duties. Sheriffs will now be required to verify each inmate’s veteran status during the intake process. Texas Commission on Jail Standards considers the “standard intake process” to begin upon entry to the facility and ending when the inmate is placed into housing.

If an inmate is identified as a veteran, the sheriff must now provide a prepaid postcard (supplied by the Texas Veterans Commission or TVC) to allow inmates to request federal benefits.

TCJS will be required to amend Texas Administrative Code (TAC) 265.13 “Verify Veteran Status,” in the chapter on Admission, to conform to the change in statute.

The sheriff must now submit weekly reports to the TVC, the county’s veterans service officer, and any court where the inmate has charges pending, identifying each prisoner whose veteran status was verified during the previous week.

Visitation plans must be reviewed. This act requires that county jails allow for a prisoner whose veteran status has been verified appropriately to have in-person or video visitation with the veterans county service officer for the county or a peer service coordinator at no cost to the inmate. TCJS will publish amended administrative rules regarding this new requirement. These visits shall not be counted against the inmate’s minimum allowed visits.

TCJS will be required to amend TAC 291.4 “Visitation Plan” to conform to the change in statute.

The sheriff must also ensure that the inmate’s veteran status is included in the documentation provided to the Texas Department of Criminal Justice (TDCJ) when transferring an inmate to TDCJ’s custody.

The act takes effect September 1, 2025. TCJS will publish rules for public comment and adoption, with these rule changes expected to take effect in December 2025.

SB746

SB746 amends 1002.013 Texas Estates Code to include “or proposed ward” in the definition of “guardian ad litem”. SB 746 refines guardian ad litem duties and clarifies court procedures to better protect wards. TCJS is reviewing TAC 273.2 Health Services Plan and TAC 291.4 Visitation, which both include references to guardianship, and may be required to amend administrative rules to comply with this bill.

SB2581

SB2581 Repeals Section 351.04155, Local Government Code, “Commissary Operation by Sheriff in Certain Counties,” which only applied to DALLAS AND TARRANT COUNTY. This act takes effect September 1, 2025.

SJR5

SJR5 amends Article I, Texas Constitution, by adding Section 11d, which states that if an inmate is charged with certain offenses, they are entitled to be represented by counsel at their bail hearing.

This proposed constitutional amendment shall be submitted to the voters at an election held on November 4, 2025. If the voters do not approve the amendment, this Act has no effect. A follow-up technical assistance memorandum will be issued if this resolution is approved by the
voters.

SB1 (LEGISLATIVE STUDIES)

In Fiscal Year 2026 (beginning September 1, 2025), the legislature will be requiring the Commission to conduct studies on:

1) CCQ matches and ways to improve CCQ matches, and

(2) Maternal Health in county jails

The Commission will send an additional Technical Assistance Memorandum regarding these studies once further details and forms have been finalized. In the meantime, if you have any questions regarding the studies, please contact:

Kaitlin Hickner kaitlin.hickner@tcjs.state.tx.us = Pregnant Inmate Study
Richard Morgan richard.morgan@tcjs.state.tx.us = CCQ Study

Help for Victims of Jail Neglect and Their Families

At the Law Offices of Dean Malone, P.C., we are dedicated to protecting the rights of inmates in county and city jails, as well as supporting their families. We have an experienced, dedicated group working on jail death cases, including custodial suicides. If you believe neglect played a role in a loved one’s death while in jail, our team is ready to hear your story.

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