New criminal laws for 2026 look to change the criminal justice system in Texas. Among the new legislation is a focus on public safety, court structure, election enforcement, and protections for crime victims. Several of the most significant measures came out of the Regular Session and the Second Called Special Session and will have direct impacts on criminal courts, prosecutors, defendants, and victims across the state.
To help break down what these changes mean in real terms, InForney spoke with Robert Guest, a criminal defense attorney with Guest & Gray in Kaufman County.
HB 16: Major Changes to Texas Courts and Criminal Punishments
House Bill 16 by Rep. Jeff Leach of Plano is one of the most far-reaching criminal justice bills to take effect in 2026. The bill creates new district courts and new district attorney offices in fast-growing parts of the state. It also adds new punishment enhancements and expands reporting requirements for local prosecutors.
Under the law, prosecutors must now report detailed information about bail releases in certain cases, overall caseloads, and whether offices have sufficient resources to meet their responsibilities.
“This bill fundamentally reshapes how parts of the criminal justice system operate,” Guest said. “New courts and new prosecutors can help with backlog issues, but the reporting requirements are just as important. They shine a light on how bail decisions are being made and whether prosecutors actually have the tools they need to do their jobs.”
Guest added that transparency provisions like these could influence future bail reform debates across Texas.
HB 18: New Penalties for Lawmakers Who Break Quorum
House Bill 18 by Rep. Matt Shaheen of Plano does not create new criminal offenses, but it still represents a significant legal change. The law increases penalties for lawmakers who intentionally break quorum, including steep fines, fundraising restrictions, and loss of committee assignments and seniority.
“There are no criminal penalties here, but the consequences are real,” Guest explained. “This is the Legislature policing itself through civil and political sanctions. It is designed to deter walkouts without involving prosecutors or the courts.”
HB 20: Disaster Scam Response Act Targets Fraud After Emergencies
House Bill 20 by Rep. Drew Darby of San Angelo creates new criminal offenses and enhances existing theft penalties tied to disasters. The law focuses on scams that often follow hurricanes, floods, and other emergencies, including “missing relative fraud” and schemes where criminals pose as volunteers to steal from victims.
“These cases are particularly troubling because they target people when they are at their most vulnerable,” Guest said. “This law gives prosecutors sharper tools to pursue fraud that happens in the aftermath of disasters, and it sends a strong message that Texas will not tolerate that kind of exploitation.”
SB 11: Narrower Affirmative Defense for Human Trafficking Victims
Senate Bill 11 by Sen. Tan Parker of Flower Mound creates an affirmative defense to prosecution for certain victims of human trafficking and compelling prostitution. A broader version of the bill was vetoed during the Regular Session, and the new version is narrower and more detailed.
“The intent is to protect victims from being punished for crimes they were forced to commit,” Guest said. “The challenge is that the law is more complex than before. Defense lawyers will need to carefully evaluate how and when the affirmative defense applies, and courts will likely be asked to interpret it early on.”
SB 12: Attorney General Given Authority to Prosecute Election Crimes
Senate Bill 12 by Sen. Bryan Hughes of Mineola gives the Office of the Attorney General authority to independently prosecute Election Code crimes. The bill does not resolve the constitutional concerns raised by the Court of Criminal Appeals in the Stephens decision, which questioned whether such authority belongs with local prosecutors.
“This law is almost guaranteed to be litigated,” Guest said. “The constitutional issue is still there. Supporters appear to believe that future court decisions could come out differently, but until then, this statute creates uncertainty for election-related prosecutions.”
SB 16: New Criminal Offenses for Title Theft and Deed Fraud
Senate Bill 16 by Sen. Royce West of Dallas creates new criminal offenses for Real Property Theft and Real Property Fraud, often referred to as deed fraud or title theft. These crimes have increased in recent years, particularly involving elderly or absentee property owners.
“This is a growing problem, especially in rapidly developing areas,” Guest said. “By clearly defining these offenses, lawmakers have made it easier for law enforcement and prosecutors to pursue cases where someone steals property through fraudulent filings.”
Proposition 3: Judges Allowed to Deny Bail for Certain Violent Crimes
Voters also approved Proposition 3, which allows judges to deny bail for defendants accused of certain violent crimes committed on or after the effective date. Based on the canvass timeline, that date is expected to be December 4, 2025, though officials recommend confirming details through the Texas Secretary of State.
“This is a significant shift in bail law,” Guest said. “It gives judges more discretion in serious cases, but it also raises important due process questions. These decisions will be closely scrutinized, especially early on.”
Together, these new Texas criminal laws for 2026 reflect a push toward tougher enforcement, expanded court infrastructure, and targeted protections for victims. They also introduce new legal questions that will likely be answered through court challenges and early test cases.
“For anyone facing criminal charges or impacted by these changes, it is important to understand how the law applies to your specific situation,” Guest said. “Criminal statutes rarely operate in isolation, and the details matter.”
More information about criminal defense and Texas criminal law can be found at GuestAndGray.com.
