The bill, S.B. No. 164, aims to clarify the involvement of state, local, and court authorities in determining the lawful presence of victims, witnesses, and certain detained individuals in the United States. It repeals several provisions from the Code of Criminal Procedure, Government Code, Local Government Code, and Penal Code, which may have previously governed these determinations. The specific articles and sections being repealed include Article 2A.059, Article 2A.060, Article 17.16(a-1), Article 42.039, Section 402.0241, Subchapter C of Chapter 752, Section 772.0076, Section 87.031(c), and Section 39.07.

Additionally, the bill amends Article 17.16(a) of the Code of Criminal Procedure to modify the conditions under which a surety can relieve themselves of their obligations. The amendment allows a surety to submit an affidavit stating that the accused is incarcerated in federal custody, in the custody of any state, or in any county of Texas, thereby removing the previous requirement for specific conditions under Subsection (a-1). The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that vote is not achieved.