Reference · The money law
The Dead File: Texas Bitcoin Bills That Didn't Become Law
The record of a legislature is not just what it enacts - it is what it declines, defers, and runs out of calendar for. SB 21 got the headlines and the law timeline got SB 21. This page keeps the rest of the 89th's Bitcoin record: a constitutional amendment five votes from the ballot, two kiosk bills that both chambers wanted and neither finished, and three reserve designs the state considered before choosing one. Read it as a map of the frontier the 90th Legislature inherits.
By TexasBitcoin · Published August 28, 2026 · Updated August 28, 2026
The short answer
The 89th Texas Legislature (2025) passed SB 21's Bitcoin reserve but let its other Bitcoin measures die: HJR 175, a constitutional right-to-transact amendment, passed the House and stalled in a Senate committee; kiosk consumer-protection bills SB 1705 and HB 2798 each passed one chamber but never both; and rival reserve designs HB 1598, HB 4258, and SB 778 died in committee. All lapsed at sine die on June 2, 2025.
Key facts
- HJR 175, proposing a Texas constitutional right to own, hold, and use a chosen medium of exchange including digital currency, passed the House on May 9, 2025 and was left pending in Senate Business & Commerce on May 15.[4]
- SB 1705, the Senate's virtual-currency kiosk regulation, passed the Senate May 15, 2025 and died on the House General State Calendar - placed May 27, six days before sine die, never called up.[6]
- HB 2798, the House's kiosk-disclosure bill, passed the House April 25, 2025 and died in the Senate Business & Commerce Committee.[5]
- HB 1598 (an in-treasury reserve with a five-year hold) and HB 4258 (comptroller and local-government crypto investment, reported around $250 million) both died without hearings in the House Delivery of Government Efficiency committee.[2][3]
- Staking authority was removed from SB 21 before the final vote, and its appropriation was trimmed from a floated $21 million to the $10 million enacted.[8][9]
- Reporting in 2025-2026 put Texans' losses to crypto kiosk scams at roughly $57 million a year - the running cost of the kiosk bills' failure.[11][10]
The dead file, by distance traveled
89th Legislature · sine die June 2, 2025- SB 1705Died on the calendarParker (Blanco, Campbell)
Regulation of virtual currency kiosks
What it would have done: A new Finance Code Chapter 161 for virtual currency kiosks - registration with the state, transaction disclosures, daily limits and reporting aimed at the scam pipelines that run through crypto ATMs.
Passed the full Senate on May 15, 2025, cleared its House committee favorably and without amendment on May 22, and was placed on the House General State Calendar on May 27 - then the calendar ran out. Six days before sine die, the House simply never reached it. [6][12]
Died on the House calendar, May 27, 2025
- HJR 175Left pendingGerdes, Bumgarner, Leo Wilson (Sponsor: Parker)
Right to own, hold, and use a mutually agreed medium of exchange
What it would have done: A Texas constitutional amendment - subject to voter approval - establishing the right of individuals to own, hold, and use the medium of exchange of their choosing, including digital currency, for trading and contracting.
The 89th's boldest Bitcoin measure got the furthest of anything that failed: it passed the full House on May 9, 2025, crossed to the Senate, got its Business & Commerce hearing on May 15 - and was left pending there, five committee votes short of a ballot line that would have put transactional freedom before Texas voters. [4]
Left pending in Senate Business & Commerce, May 15, 2025
- HB 2798Left pendingPlesa (Capriglione, Garcia, Lambert, Bhojani)
Virtual currency kiosk transaction disclosures
What it would have done: The House's version of kiosk consumer protection - mandatory disclosures and requirements on kiosk transactions, with a fee to fund oversight.
Passed the House on April 25, 2025 - the mirror image of SB 1705's fate. The House said yes to its kiosk bill; the Senate said yes to its own; neither chamber passed the other's, and both died. Texas ended the session with two chambers on record for kiosk regulation and no law. [5]
Died in Senate Business & Commerce after House passage
- HB 1598No hearingCapriglione
A bitcoin reserve within the state treasury
What it would have done: The rival reserve design: Bitcoin held inside the state treasury, a minimum five-year hold, and a channel for Texans and governmental entities to donate BTC to the state - custody-first where SB 21 is investment-first.
Filed December 12, 2024 - before the session even opened - by the House's most prominent blockchain legislator. It was referred to the new Delivery of Government Efficiency committee on March 12, 2025 and never received a hearing. The chamber chose Schwertner's architecture wholesale; Capriglione's five-year-hold discipline and donation channel remain unclaimed ideas. [2][7]
No hearing in House Delivery of Government Efficiency
- HB 4258No hearingReynolds | Plesa
Comptroller and local-government cryptocurrency investment
What it would have done: Authority for the comptroller to invest state money in cryptocurrencies at real scale - reported around $250 million from the rainy-day fund - and for municipalities and counties to invest up to $10 million each.
The most expansive number of the session, and it came from Democratic authors - a detail the party-line framing of Bitcoin politics never predicts. Referred to Delivery of Government Efficiency on April 1, 2025, and never heard. Its local-government clause is the sleeper: no Texas city or county has investment authority today. [3]
No hearing in House Delivery of Government Efficiency
- SB 778SupersededSchwertner
The original Texas Strategic Bitcoin Reserve bill
What it would have done: The first-filed Senate reserve bill of the 89th, appropriation included - Schwertner's opening draft of what became the law.
Filed January 14, 2025 and parked in Finance on February 7, where it never moved again - because it did not need to. Schwertner refiled the design as SB 21, the lieutenant governor put it on the priority list, and the original died the happiest death in the file: superseded by its own successor. [1][13]
Superseded by SB 21; left in Senate Finance
How does a bill die in Texas without a no vote?
Almost none of the bills above lost a vote - that is the first thing the dead file teaches. The Texas Legislature meets 140 days every two years, and the calendar is the real veto: a bill dies when it is referred to committee and never heard, heard and “left pending,” or reported out and placed on a floor calendar the chamber never reaches. When the 89th adjourned sine die on June 2, 2025, everything still pending lapsed at once.[1][2][4][6] A death without a vote is also a death without a verdict, which is exactly why dead bills return: nothing above was rejected on the merits.
What was HJR 175, and how close did the right-to-transact come?
Closest of all. House Joint Resolution 175, by Representative Gerdes, proposed amending the Texas Constitution to establish the right of individuals to own, hold, and use a mutually agreed medium of exchange - cash, coin, bullion, digital currency - for trading and contracting.[4] It passed the full House on May 9, 2025, and got its Senate Business & Commerce hearing on May 15, where it was left pending: five committee votes short of the two-thirds path to the November ballot. It is the natural constitutional companion to the transactional groundwork already in statute, surveyed in what Texas law says about Bitcoin, and the likeliest headline refile of the 90th session.
Why did the kiosk bills fail if both chambers wanted one?
Because they wanted their own. The House passed HB 2798 (kiosk disclosures and fees) on April 25, 2025; it crossed to the Senate and sat in Business & Commerce.[5] The Senate passed SB 1705 (a full Finance Code Chapter 161 for kiosk registration and consumer protection) on May 15; it cleared its House committee without amendment and reached the General State Calendar on May 27 - where the clock beat it.[6][12] Two majorities, zero laws. The failure has a price tag: Texans lose roughly $57 million a year to kiosk scams, per reporting through 2026, and the Department of Banking still lacks a registration regime for the machines.[11][10] Consumer protection with two one-chamber majorities on record is as close to a sure early mover as the 90th session has.
What were the reserve designs Texas didn't choose?
Three, and the differences are instructive. Senator Schwertner's SB 778 was the opening draft - filed January 14, 2025, appropriation included - and died the procedural death of a bill superseded by its own successor, SB 21.[1][13] Representative Capriglione's HB 1598 was the custody-first alternative: Bitcoin inside the state treasury, a minimum five-year hold, and a donation channel for citizens and governmental entities - discipline SB 21's investment-first design does not impose.[2][7] And HB 4258, from Democratic Representatives Reynolds and Plesa, was the biggest number of the session: comptroller investment authority reported around $250 million plus up to $10 million for each municipality or county.[3] The enacted reserve's full story lives on the Texas Strategic Bitcoin Reserve reference; the dead designs are its unbuilt wings - the hold period, the donation channel, the local-government tier - each one a drafted, filed, and precedented idea waiting for a session that wants it.
What was cut from SB 21 itself?
Staking. Earlier drafts let the reserve stake eligible assets for yield; lawmakers removed staking authority before the final vote, keeping the fund to holding and investment. [8]
$11 million of the appropriation. A Senate budget rider floated $21 million to kick-start the reserve; the final figure settled at $10 million. [9]
Both cuts read as the Legislature buying certainty: a smaller, unstaked, plain-custody fund was the version that could pass with bipartisan cover - and did, told in Dan Patrick and Bitcoin. The trimmed $11 million and the staking authority now sit in the same place as the dead bills: on the table for the 90th.
What does the dead file predict for the 90th Legislature?
The 90th convenes in January 2027, and the file above is its draft agenda. Kiosk regulation returns with two one-chamber majorities and a $57-million-a-year reason.[10] HJR 175 returns five votes from a ballot line. The reserve - by then expected to hold directly custodied Bitcoin, now in the hands of a comptroller who proposed a state Bitcoin reserve back in 2022, told in Don Huffines and Bitcoin - invites exactly the expansions the dead designs drafted: a larger appropriation, a donation channel, local-government authority. And the grid-cost question that shadowed the session has since moved to the executive branch, chronicled in Greg Abbott and Bitcoin. Nothing in the dead file was voted down. In Texas, that is not an ending - it is a queue.
Frequently asked questions
Which Texas Bitcoin bills failed in 2025?
The notable failures of the 89th Legislature: HJR 175, a constitutional right-to-transact amendment that passed the House and was left pending in a Senate committee; SB 1705 and HB 2798, kiosk consumer-protection bills that each passed one chamber but never both; HB 1598, Capriglione's in-treasury reserve design; HB 4258, a $250 million comptroller and local-government investment bill; and SB 778, superseded by SB 21.
Did Texas pass a constitutional right to use Bitcoin?
No - but it came close. HJR 175, proposing a constitutional amendment establishing the right to own, hold, and use a mutually agreed medium of exchange including digital currency, passed the full Texas House on May 9, 2025. It was heard in Senate Business & Commerce on May 15 and left pending there, so it never reached the November ballot.
Does Texas regulate Bitcoin ATMs?
Not yet, and the gap is expensive. The 89th Legislature produced two kiosk bills - SB 1705 passed the Senate and HB 2798 passed the House - but neither cleared both chambers before sine die on June 2, 2025. Reporting in 2025-2026 put Texans' losses to crypto kiosk scams at roughly $57 million a year, making kiosk regulation the most likely early mover of the 90th session.
What was cut from SB 21 before it passed?
Two things of note. Staking authority - earlier drafts let the reserve earn yield on eligible assets - was removed before the final vote. And the appropriation shrank: a Senate budget rider had floated $21 million to kick-start the fund, trimmed to the $10 million that became law.
Will these bills come back in the next session?
The 90th Legislature convenes in January 2027, and the dead file is the natural starting agenda: kiosk regulation with two one-chamber majorities already on record, HJR 175's right-to-transact amendment five committee votes from a ballot, and reserve expansions - a bigger appropriation, local-government authority, donation channels - already drafted in the failed bills of 2025.
Sources
Primary record first: every bill status verified against its history page on capitol.texas.gov (Texas Legislature Online), then the Statesman and the Texas Tribune, then trade press. This is a research and reference article, not financial, investment, or legal advice.
- [1]Texas Legislature Online - SB 778 (89R) bill history: Schwertner's original reserve bill, referred to Finance February 7, 2025, no further action
- [2]Texas Legislature Online - HB 1598 (89R) bill history: Capriglione's in-treasury bitcoin reserve, referred to Delivery of Government Efficiency March 12, 2025, no hearing
- [3]Texas Legislature Online - HB 4258 (89R) bill history: Reynolds/Plesa comptroller-and-local-government crypto investment, referred April 1, 2025, no hearing
- [4]Texas Legislature Online - HJR 175 (89R) bill history: right to own, hold, and use a mutually agreed medium of exchange; passed the House May 9, 2025, left pending in Senate Business & Commerce May 15
- [5]Texas Legislature Online - HB 2798 (89R) bill history: virtual-currency kiosk disclosures; passed the House April 25, 2025, died in Senate Business & Commerce
- [6]Texas Legislature Online - SB 1705 (89R) bill history: virtual-currency kiosk regulation; passed the Senate May 15, 2025, died on the House General State Calendar
- [7]Austin American-Statesman - What would a strategic bitcoin reserve look like in Texas? Two lawmakers have ideas (January 28, 2025): the Schwertner vs. Capriglione designs
- [8]CryptoSlate - Texas lawmakers finalize details on Bitcoin reserve, remove staking ahead of final vote (May 2025)
- [9]Texas Policy Research - Texas House Approves SB 21 (the $21M Senate rider trimmed to the $10M appropriation)
- [10]Texas Tribune - Texas regulations lacking as crypto kiosk scams rise (July 8, 2026): the cost of the kiosk bills' failure
- [11]Crypto Briefing - Texas lawmakers consider ban on crypto kiosk scams costing $57M (2025)
- [12]Texas Policy Research - SB 1705 bill analysis: the proposed Chapter 161 kiosk framework (registration, reporting, consumer protection)
- [13]Texas Legislature Online - SB 21 (89R) bill history: the reserve bill that did pass, signed June 20, 2025