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 The specific articles and sections being repealed include Articles 2A.059, 2A.060, and 42.039 from the Code of Criminal Procedure, among others.

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 deliver an affidavit to the sheriff and prosecuting attorney stating that the accused is incarcerated in federal custody, in the custody of any state, or in any county of Texas, thereby streamlining the process for sureties in these situations. 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.