Texas Senate bill by Sen. Hinojosa allows forensic commission case referrals to capital writs office

Passed bill authored by State Sen. Juan Hinojosa seeks to enhance oversight of forensic and capital cases by allowing the Texas Forensic Science Commission to review and refer cases to the office of capital and forensic writs, according to the Texas Legislature website.

In the Senate, 11 Democrats and 20 Republicans voted in favor of the bill, with no opposition.

Meanwhile, in the House, 56 Democrats and 72 Republicans voted in favor, while 12 Republicans voted against it.

Juan Hinojosa introduced the bill in the Texas Senate on Friday, Dec. 13, 2024, ahead of the official start of the 89th regular legislative session on Jan. 14, 2025.

Hinojosa graduated from Pan American University with a BS and again from Georgetown University with a JD.

Hinojosa, a Democrat, was elected to the Texas State Senate in 2003 to represent the state’s 20th Senate district, replacing previous state senator Carlos Truan.

According to the Texas Legislature, the bill’s official text was summarized as follows: ‘Relating to the authority of the Texas Forensic Science Commission to review and refer certain cases to the office of capital and forensic writs’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends Section 4(h), Article 38.01, of the Texas Code of Criminal Procedure to allow the Texas Forensic Science Commission to review and refer cases related to its investigations to the office of capital and forensic writs. This change aligns with Section 78.054(b) of the Government Code, potentially enhancing the oversight and management of forensic and capital cases through this referral process. The bill is set to take effect on Sept. 1, 2025.

The bill was co-authored by Sen. César Blanco (Democrat – District 29).

The bill received its final legislative approval on Wednesday, May 28, but was vetoed by Gov. Greg Abbott on Sunday, June 22.

Bills in Texas go through a multi-step legislative process, including committee review, debates, and votes in both chambers before reaching a final decision. Each session, there are typically thousands of bills introduced, but only a portion successfully navigate the process to become law.

You can read more about the bills and other measures here.