Expunged — You'll Still Have To Work At It

Understanding Texas Senate Bill 2878: Judicial Reform, Veto, and Special Session

Published on August 27, 2025

In recent Texas legislative news, Senate Bill 2878 (SB 2878) has made headlines due to its veto by Governor Greg Abbott and its subsequent revision during a special session. This omnibus judicial bill, originally passed during the 89th Texas Legislature’s regular session, aimed to modernize the state’s court system but sparked debate over a provision to streamline criminal record expunctions. Here’s a breakdown of the bill, the reasons for the veto, and what happened next.

What Was Senate Bill 2878?

SB 2878 was a comprehensive 139-page bill designed to update and administer Texas’s judicial system. It bundled various reforms to address court efficiency, judicial training, and criminal justice processes. The bill enjoyed bipartisan support during the regular session, as it tackled routine administrative updates alongside more significant policy changes. Below are its key components:

Key Provisions of SB 2878

• New Courts and Judicial Districts: The bill created new judicial districts in counties like Rockwall, Fort Bend, Ellis, Harris, and Williamson to manage growing caseloads. It also added two seats to the Fifteenth Court of Appeals over four years.
• Judicial Administration Updates: It streamlined magistration statutes, increased the required legal experience for associate judges, and raised compensation for local administrative judges to address judicial shortages.
• Enhanced Judicial Training: The bill mandated expanded training for judges on sensitive issues like family violence and sexual assault to improve court handling of such cases.
• Criminal Justice Reforms: It increased penalties for harassing court employees or judges, waived expunction fees for those completing veterans’ treatment or mental health court programs, and required juvenile boards to prioritize diversion over detention for children under 12.
• Controversial Expunction Provision: A provision, added by Rep. Rafael Anchía (D-Dallas), would have mandated automatic expunction of certain criminal charges for individuals completing any pretrial intervention program, including veterans’ and mental health court programs.

Why Did Governor Abbott Veto SB 2878?

Governor Abbott vetoed SB 2878 primarily due to the automatic expunction provision. In his veto statement, he argued that the provision, which allowed for “unlimited automatic expunctions” upon completing pretrial intervention programs, was added without adequate consideration during the regular session. Abbott expressed concern that it could undermine accountability by automatically clearing criminal records without sufficient judicial oversight.

The expunction provision aimed to simplify a process that is often costly (at least $290 in fees) and bureaucratic, requiring legal assistance that many cannot afford. Supporters, including civil rights groups and the Dallas County District Attorney’s office, argued it would help individuals reintegrate into society by removing barriers to employment and housing. However, opposition came from groups like the Combined Law Enforcement Associations of Texas, who likely viewed automatic expunctions as potentially weakening public safety or prosecutorial discretion.

Beyond the expunction issue, the bill’s broad scope—covering everything from new courts to juvenile justice—may have raised concerns about its complexity. Some critics might argue that bundling significant policy changes into an omnibus bill limited transparency and thorough debate, a point Abbott echoed by calling for more scrutiny in a special session.

The Special Session and Revised Bill

Following the veto, Governor Abbott called a special session starting July 21, 2025, to address SB 2878 and other vetoed legislation. On August 27, 2025, the Texas Senate passed a revised version of the bill, House Bill 16 (HB 16), which removed the controversial automatic expunction provision and other components already addressed in standalone bills. HB 16 retained key reforms, such as:

• Creating new judicial districts and appellate seats.
• Waiving expunction fees for veterans’ treatment and mental health court program completers (but not for other pretrial programs).
• Increasing penalties for harassing court staff.
• Prioritizing juvenile diversion programs.

This revised bill addressed Abbott’s concerns while preserving the core judicial updates, paving the way for its potential passage in the House during the special session.

Why the Debate Matters

The debate over SB 2878 highlights broader tensions in Texas’s approach to judicial and criminal justice reform. The expunction provision, in particular, underscores a divide between those advocating for rehabilitation and second chances versus those prioritizing accountability and public safety. Automatic expunctions could ease reintegration for individuals who complete diversion programs, but critics worry about the lack of case-by-case oversight. Meanwhile, the bill’s other provisions—new courts, enhanced training, and juvenile justice reforms—reflect ongoing efforts to modernize Texas’s judicial system amid growing populations and caseloads.

The special session’s outcome shows a compromise: retaining essential judicial updates while addressing concerns about the expunction provision. However, the veto and revision process also highlight the challenges of passing omnibus legislation, where a single controversial provision can jeopardize a wide-ranging bill.

Looking Ahead

As HB 16 moves to the Texas House, stakeholders will watch closely to see if it gains final approval. For those interested in the details, the full text of SB 2878 and HB 16 is available at capitol.texas.gov, and updates on Texas courts can be found at txcourts.gov. The resolution of this bill could set the tone for future judicial reforms in Texas, balancing efficiency, fairness, and public safety.

What are your thoughts on the balance between judicial reform and public safety? Share your perspective in the comments below!

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Disclaimer: This post is for informational purposes only and does not endorse any political or legislative stance. For the most accurate and up-to-date information, refer to official Texas legislative sources.