Texas Criminal Law Updates: Key Changes for Defendants

Texas criminal law updates in bring a wave of legal changes, from bail and gun rights to DWI penalties and hemp-derived THC. Some are already in effect, others head to voters this fall. These shifts could directly affect people facing charges across the state.

Here’s what’s changed and what to keep your eye on.

Stricter Bail Laws on the Ballot This Fall

 

The Texas Legislature approved SJR 5, a proposed constitutional amendment that would expand the power of judges to deny bail entirely in certain felony cases. While not yet law, this measure has cleared the Texas Legislature and will appear on the November 5, 2025, statewide ballot.

What Does SJR 5 Actually Do?

 

If passed, SJR 5 would authorize Texas judges to deny bail before trial for individuals charged with violent or high-risk felonies, including:

• Murder and capital murder
• Aggravated assault involving serious injury or a weapon
• Aggravated kidnapping or robbery
• Sexual assault and indecency with a child
• Human trafficking or continuous trafficking

To deny bail, prosecutors would need to demonstrate either:

• That the person is a flight risk, or
• That releasing them poses a credible threat to the community, law enforcement, or the alleged victim

The standard of proof differs depending on the claim:

• Preponderance of evidence for nonappearance risk
• Clear and convincing evidence for public safety concerns

Judges must also issue a written explanation outlining their decision, including specific findings of fact.

Why This Matters

 

Today in Texas, most individuals charged with a crime, even serious felonies, can be released on bond, provided they can afford it and no specific legal exception applies. Critics argue this leaves too much room for repeat violent offenders to return to the community while awaiting trial.

Supporters of the amendment say it gives courts a tool to protect public safety without requiring a full trial-level burden of proof. Opponents raise concerns about pretrial incarceration, due process, and the disproportionate impact on lower-income defendants.

For those already in the system or with a criminal record, this change could mean significantly longer pretrial detention starting in 2026 if the measure is approved.

What Defense Attorneys Need to Prepare For

 

If SJR 5 passes:

• Expect more contested bail hearings
• Prosecutors will likely file motions to detain more often in violent cases
• Defense strategies will need to shift earlier, preparing for detention arguments on day one

Having an experienced attorney who can challenge weak state evidence and propose meaningful release conditions will be more important than ever.

THC Ban Vetoed… but New Rules May Be Coming

 

One of the most high-profile Texas criminal law updates involves hemp-derived THC regulation. In June 2025, Governor Greg Abbott vetoed Senate Bill 3, which would have banned all consumable hemp-derived THC products, including popular items like Delta-8, Delta-9, and other cannabinoids currently sold in smoke shops across Texas.

But the veto wasn’t the end of the conversation.

Instead, Governor Abbott called a special legislative session beginning July 21 to revisit SB 3, with the goal to regulate, not outright ban, these hemp-derived products more aggressively.

Why This Matters

 

For now, these products remain legal in Texas but the situation is far from settled. Lawmakers are under pressure to tighten rules around:

• THC content levels
• Packaging and marketing (especially to minors)
• Retail licensing
• Product testing and safety standards

Expect new legislation or agency rule changes before the end of the year.

What This Means for Criminal Defense

 

Until new laws are passed, possession of legal hemp-derived THC remains a gray area, especially when it comes to how law enforcement tests and interprets products.

In practice:

• Some prosecutors are declining to file low-level THC charges, especially when lab testing is uncertain.
• Others may still pursue charges aggressively, particularly in counties with stricter drug enforcement stances.

If you’re arrested for THC possession, the distinction between “hemp” and “marijuana” still hinges on precise THC content, and those lab results can be contested.

Red-Flag Gun Law Ban (SB 1362) Takes Effect September 1

 

Among the most debated Texas criminal law updates is SB 1362. Starting September 1, 2025, Texas will officially ban the recognition and enforcement of red-flag laws under Senate Bill 1362, also known as the Anti–Red Flag Act.

This law blocks courts, police, and prosecutors in Texas from honoring Extreme Risk Protective Orders (ERPOs) issued in other states or under federal authority,  unless explicitly allowed by Texas law.

What Are Red-Flag Laws?

 

Red-flag laws allow courts to temporarily remove firearms from individuals considered a risk to themselves or others, often based on concerns raised by family or law enforcement. In many states, ERPOs can be issued without criminal charges, based on a judge’s assessment of risk.

Texas’ new law rejects that model outright.

What SB 1362 Says:

 

• No enforcement of out-of-state ERPOs unless they comply with Texas law.
• No local or state agency in Texas may adopt red-flag-related policies.
• No federal funds can be accepted to support ERPO enforcement in Texas.
• Anyone who attempts to enforce a non-Texas ERPO commits a state jail felony.
• Exceptions remain for protective orders under the Texas Family Code or Code of Criminal Procedure (such as domestic violence orders).

What This Means for Gun-Related Cases in Texas

 

If you’re facing a firearm-related charge, especially one involving mental health concerns or alleged threats, this law may affect how the case is handled, particularly if out-of-state or federal records are involved.

Key implications:

• Texas prosecutors and judges can’t use ERPOs from other states to justify firearm restrictions or seizures.
• Defense strategies may shift if previous cases involved red-flag-style actions without criminal charges.
• Law enforcement must now strictly follow Texas criminal statutes when pursuing firearm removal or restrictions.

What This Means for Criminal Defense

 

The Anti–Red Flag Act strengthens Texas’ position on due process and firearm rights, but it also creates new legal boundaries that defense attorneys must navigate carefully.

If you’re charged with a gun-related offense, particularly one involving alleged threats or mental health claims, this law could affect:

• How prosecutors build their case, especially if it leans on out-of-state protective orders or federal actions.
• What evidence can be used to justify firearm restrictions or seizure.
• Whether enforcement attempts made before September 1 can be challenged under the new statute.

For defense teams, the focus now turns to:

• Challenging any red-flag–style enforcement not rooted in Texas law.
• Ensuring that clients are not unfairly penalized based on orders from other jurisdictions.
• Asserting constitutional protections more clearly in pretrial hearings.

Texas courts must now follow state-specific rules and can’t rely on red-flag processes from elsewhere. That gives defense attorneys new arguments and leverage in gun-related cases.

Discovery Rights Expand Under SB 1124

 

As of September 1, 2025, Texas will strengthen a defendant’s access to evidence before trial. Senate Bill 1124 amends the Michael Morton Act, tightening obligations for prosecutors and law enforcement while adding clearer protections for the accused. These expanded discovery rights mark a significant win for due process in Texas criminal cases.

What’s New Under SB 1124?

 

Under the updated rules, defense attorneys will gain earlier and more reliable access to:

• Offense reports and police records
• Witness statements, including those made by law enforcement
• Evidence relevant to any fact of consequence, not just material evidence
• Information affecting witness credibility, especially jailhouse informants
• Recorded or written statements by the defendant

SB 1124 also adds more teeth to enforcement. Prosecutors who fail to comply may face:

• Court orders to produce missing materials
• Case delays (continuances)
• Protective orders or, in rare cases, evidence suppression

Courts may now suppress otherwise admissible evidence, but only if the state knowingly withheld it or caused real harm to the defense. This standard ensures remedies are fair but not abused

New Guardrails for Defense and Prosecution

 

SB 1124 makes a few important clarifications and changes:

• “The state” now clearly includes both prosecutors and law enforcement agencies involved in the case.
• If a defendant’s discovery request is overly broad, burdensome, or risks a victim’s safety, judges may limit access, but only after a hearing.

Discovery conferences can now be requested up to 20 days before jury selection to iron out disputes before trial begins.

In short, SB 1124 raises the floor for evidence transparency while giving courts tools to manage the process fairly.

What This Means for Criminal Defense

 

Early and complete access to discovery is one of the most powerful tools a defense team can have. SB 1124 reinforces this by:

• Letting attorneys spot weak evidence or misconduct faster
• Supporting stronger motions to dismiss or suppress
• Creating opportunities for earlier, better plea deals
• Preventing trial by surprise, a major risk in complex criminal litigation

For anyone facing criminal charges in Texas, these new protections could change the course of your case. And for defense attorneys, SB 1124 provides leverage to demand what’s needed and hold the state accountable if it fails to deliver.

Want to understand your rights under SB 1124? Talk to a criminal defense attorney who knows how to put Texas discovery laws to work for you.

How Texas Criminal Law Updates May Affect DWI and Drug Cases

 

While THC regulation continues to grab headlines, there have also been major updates to how Texas handles DWI and possession cases. These DWI changes, part of Texas criminal law updates, signal tougher penalties. From stiffer sentencing to shifting enforcement, these changes raise the stakes for anyone arrested on these charges and increase the need for fast, strategic legal defense.

What’s New Under SB 2320?

 

Effective September 1, 2025, Senate Bill 2320 increases criminal penalties for intoxication-related offenses under Texas Penal Code §§ 49.04 and §§ 49.09.

Key changes include:

• First-time DWI offenses are now Class A misdemeanors (up from Class B), with a mandatory minimum of 72 hours in jail
• DWI with an open container also becomes a Class A misdemeanor
• Driving with a BAC of 0.15 or more is elevated to a state jail felony
• Repeat DWIs now trigger felony-level charges more readily, especially where aggravating factors are involved

These changes reflect a growing legislative push to treat even first offenses more seriously and close gaps in sentencing for habitual offenders.

Ignition Interlock Devices: Broader and Longer Use

 

The new law also expands when and how long ignition interlock devices (IIDs) are required. Courts may now mandate IIDs for:

• All repeat DWI offenders
• First-time offenders with a high BAC (0.15% or more)
• Cases involving a child passenger

While not newly enacted under SB 2320, courts still rely on longstanding law under Penal Code § 49.09 and the Transportation Code to impose these restrictions.

Delta-8 and Delta-9: Still a Legal Gray Area

 

Although, as discussed above, the Legislature failed to pass a ban on hemp-derived THC products, criminal possession charges are still being filed, depending on THC content and jurisdiction.

Key realities:

• If THC content exceeds 0.3% by dry weight, the product may be considered illegal marijuana, regardless of where or how it was purchased
• Unclear labeling or questionable test results often lead to charges, especially in counties that take a strict stance on THC enforcement
• Lab testing becomes the pivotal battleground, with room to challenge testing methods, accuracy, and interpretation in court

Some counties are pulling back on prosecution, citing unreliable lab results. Others are doubling down.

What This Means for Criminal Defense

 

These changes demand proactive defense strategies from the moment a case begins. Defense attorneys must now:

• Prepare for tougher sentencing in DWI cases, especially for repeat offenders or those with high BAC levels
• Challenge breath and blood test results aggressively, knowing a high reading can now mean a felony
• Plan for longer IID restrictions that can affect driving privileges, employment, and plea negotiations
• Scrutinize lab reports in THC cases, especially when results hover near the legal 0.3% threshold
• Stay alert to county-by-county discretion affects whether borderline cannabis cases are prosecuted or dismissed

DWI and THC-related charges are becoming more serious and more complex in Texas. Outcomes can vary wildly depending on local enforcement, lab results, and how soon a knowledgeable defense team gets involved.

If you’re facing charges under these evolving laws, don’t wait. The right attorney can challenge weak evidence, negotiate better outcomes, and help protect your record and future.

Talk to a Defense Attorney Who Knows the New Laws

 

Attorney Greg Tsioros brings experience from both sides of the courtroom, first as a Harris County prosecutor, now as a defense attorney advocating for clients across the Houston area.

If you’ve been arrested or charged and need to understand how Texas criminal law updates could affect your case, we’re ready to help.

Contact us today for a free, confidential consultation. We’ll walk you through what’s new, what it means for your situation, and how to move forward with a strong defense.