New Texas Criminal Laws Taking Effect September 1, 2025

Every two years, the Texas Legislature meets and makes significant changes to the criminal justice system. The 89th Texas Legislature passed a wide range of bills affecting criminal law, with most taking effect September 1, 2025. These laws impact everything from bail and parole to new criminal offenses and enhanced punishments.

As Dallas–Fort Worth criminal defense attorneys, the team at Texas Defenders keeps track of these changes so we can protect our clients across Dallas, Tarrant, Collin, and Denton Counties. Here's a breakdown of some of the most notable updates.

New and Expanded Criminal Offenses

• AI-Generated Child Pornography (SB 20 & SB 1621)
  Texas law now criminalizes not only possession of child pornography but also AI-generated or computer-created material that appears to depict minors. This includes cartoons, animations, or deepfake imagery.

• Continuous Promotion of Prostitution (HB 1778)
  A new first-degree felony has been created for anyone accused of promoting prostitution more than once within 30 days. The law also expands rules for admitting extraneous evidence in sex trafficking and related cases.

• Fraudulent Use of Gift Cards (SB 1809)
  Using, tampering with, or possessing fraudulent gift cards or packaging is now a state jail felony, subject to enhancements.

• Transnational Repression (SB 1349)
  A new second-degree felony has been added for attempting to intimidate or silence individuals in Texas on behalf of foreign governments.

• Notarization Without Personal Appearance (SB 693)
  Improperly notarizing documents without the signer being present is now a Class A misdemeanor, enhanced to a state jail felony if it involves real estate.

Bail and Bond Reform

• Bail Restrictions (SB 9 & SJR 5)

  • SB 9 adds terroristic threat and unlawfully carrying a weapon to the list of offenses not eligible for personal bonds.

  • Judges now have expanded review powers over magistrate bail decisions.

  • Certain bail provisions will take effect January 1, 2026 and April 1, 2026.

  • SJR 5, if approved by Texas voters in November 2025, would allow denial of bail in more felony cases under specific standards.

Enhancements to Existing Offenses

• Drug Delivery via Social Media (HB 2695)
  Delivering controlled substances while using social media will now increase penalties by one level (except first-degree felonies, which get higher minimum sentences and fines).

• DWI in School Zones (SB 826)
  A DWI committed in a school crossing zone will now be punished as a state jail felony.

• Intoxication Manslaughter (SB 745)
  If more than one person dies in the same intoxication manslaughter incident, the charge is now a first-degree felony.

• Attempted Capital Murder of a Peace Officer (HB 1871)
  Punishment has increased to 25 years to life.

• Indecent Assault (HB 2593)
  Indecent assault against elderly or disabled individuals is now a second-degree felony.

• Parole Set-Offs (SB 1506)
  For non-aggravated cases, parole reconsideration can now be delayed up to five years instead of one year.

Changes to Victim Rights and Procedures

• Expanded Protections in Sexual Assault Cases (SB 836 & SB 535)
  Protective orders for invasive visual recordings and stronger rape shield protections have been codified into statute.

• Victim Notification Rights (SB 761 & SB 1120)
  Prosecutors must give victims notice of hearings and plea bargains, and victims get additional notification rights when an offender is released on parole or bond.

• Stalking Cases (SB 1021)
  Stalking has been added to the list of crimes ineligible for probation. Defendants must serve at least 50% of their prison sentence before parole eligibility.

Other Significant Criminal Law Updates

• Theft of Service (HB 3463)
  Expands how notice can be given in theft of service cases — now including email, text message, and delivery services.

• Barratry (HB 2733)
  Amends attorney solicitation laws to include direct messages on social media or other electronic communication.

• Extreme Risk Protective Orders (SB 1362)
  Texas has banned “red flag” laws that allow firearm removal without a criminal charge.

• Immigration Enforcement Agreements (SB 8)
  Beginning January 1, 2026, sheriffs operating jails must request agreements with ICE to enforce federal immigration law.

What This Means for Texans

These changes make Texas criminal law harsher in many areas — adding new offenses, expanding punishments, and restricting bail. Defendants facing charges under these new laws could see higher penalties, less chance at probation, and longer parole set-offs.

If you or a loved one has been arrested in Dallas, Fort Worth, McKinney, Plano, Denton, or anywhere in North Texas, it's more important than ever to have experienced defense counsel on your side.

At Texas Defenders, our attorneys are here to guide you through these new laws and protect your future. Call us today at 214-306-9696 for a free consultation.