Spate of new laws effective Jan. 1

After the Texas Legislature spent much of 2023 in session, a bevy of new laws go into effect on New Year’s Day, though some have been delayed by lawsuits challenging their constitutionality.

The Austin American-Statesman reported on SB 17, a new law that institutes a ban on programs and policies “designed or implemented in reference to race, color, or ethnicity” at Texas public universities or colleges —  commonly known as diversity, equity and inclusion, or DEI.

GOP lawmakers who pushed the ban through argued that DEI programs are divisive. Those opposing the ban said it would eliminate initiatives designed to help people of color feel more included on campus. Universities have already begun the process of renaming and eliminating the types of programs that will be outlawed under SB 17.

Another law taking effect in 2024 doubles the state franchise tax exemption, with up to $2.47 million of a company’s annual taxable revenue being exempt.

Another measure that passed with bipartisan support creates a diversion program for juveniles accused of low-level offenses. Local governments now will be able to turn to rehabilitation services, job training, and alcohol and drug awareness programs as alternatives to more punitive measures.

HB 4758 makes it a crime for companies to target minors with advertising for e-cigarettes, the use of which by teens has increased markedly in the past decade.

Not all laws passed by lawmakers will take effect on Jan. 1 because of lawsuits filed after their passage. As The Dallas Morning News noted, a bill that prohibits sexually explicit performances in front of minors — and was targeted toward drag shows in particular — was declared unconstitutional by a federal judge.

U.S. District Judge David Hittner ruled the ban violated performers’ free speech rights under the First Amendment. That decision is being appealed.

Another law that would regulate what books children can read in schools is still in effect. An initial ruling that it was unconstitutional was appealed to the 5th Circuit, which has yet to issue a ruling.

Medical board silent on abortion laws

The Texas Medical Board remains silent on how to interpret the state’s abortion laws, The Texas Tribune reported, despite a call from the Texas Supreme Court to offer more guidance to doctors on how to interpret the laws.

This came after the high court rejected a Texas woman’s bid to terminate a nonviable pregnancy that she maintained threatened both her health and ability to have future children. Kate Cox later obtained medical care out of state.

“While the judiciary cannot compel executive branch entities to do their part, it is obvious that the legal process works more smoothly when they do,” the justices wrote. In response, Dr. Sherif Zaafran, board chair, said the Texas Medical Board is not likely to do so while other court cases were proceeding.

“It wouldn’t be appropriate for us to start making any kind of movement or decisions while all that is out there still being adjudicated,” Zaafran told the Tribune.

Paxton must testify in whistleblower trial

A state district judge ruled last week that Texas Attorney General Ken Paxton must testify in a whistleblower case that led to his impeachment and subsequent acquittal. That case revolves around Paxton’s dealings with developer Nate Paul, who is under federal indictment for wire fraud, The News reported.

Four top deputies were fired after reporting Paxton’s dealings with Paul to the FBI. A $3.3 million settlement with the whistleblowers fell apart when the Legislature refused to fund it. The former deputies claimed, among other allegations, that Paxton “created a legal opinion to prevent the foreclosure sales of several of Paul’s properties.”

Paxton’s attorneys are appealing the judge’s ruling. The whistleblower case is more than three years old. Paxton remains under federal investigation and faces trial in early 2024 for a nearly nine-year-old state securities fraud indictment.

Gary Borders is a veteran award-winning Texas journalist. He published a number of community newspapers in Texas during a 30-year span. Email: [email protected].