Texas Senate Bill SB1133

Texas 2023 - 88th Regular

• Filed: 2/23/23
• Out of Senate Committee: 3/29/23
• Voted on by Senate: 4/13/23
• Out of House Committee: 5/6/23
• Voted on by House: 5/17/23
• Governor Action: 6/2/23

Caption

Relating to a program to compensate landowners for property damage caused by certain criminal activities.

Impact

The implementation of SB1133 could significantly affect state laws regarding property rights and compensation mechanisms for criminal activities. By formalizing a program to compensate landowners, the bill could set a precedent for state-level responsibilities regarding property damage. Moreover, it aims to create a structured process for claims, including eligibility criteria, application procedures, and guidelines for compensation. This legislation would also make the program a 'payer of last resort' to encourage primary claim submissions through other insurance or government programs first.

Summary

SB1133 aims to establish a compensation program for landowners in Texas who suffer property damage due to specified criminal activities, particularly those associated with border crimes. Under this bill, the Attorney General's office is assigned to administer the program, which will provide financial compensation to affected landowners for damages caused by trespassers committing offenses related to border crime activities. The bill emphasizes the importance of supporting agricultural communities adversely impacted by criminal acts, thereby ensuring that these residents can recover from such losses.

Sentiment

The sentiment towards SB1133 appears to be largely positive among legislators, with strong bipartisan support observed during discussions. The swift passage through both the Senate and the House showcases a recognition of the pressing needs of landowners facing threats from criminal activities. However, there may be some underlying concerns from advocacy groups about the adequacy of the compensation and the actual implementation processes, particularly about the fairness in evaluating claims and administering funds.

Contention

While SB1133 enjoys broad support, notable points of contention could arise regarding the specific definitions of qualifying criminal activities and the thresholds for property damage. Additionally, there may be debates about the financial implications of maintaining the program and ensuring that it does not lead to increased bureaucracy or delayed assistance for landowners in need. Transparency in the compensation process and adherence to defined criteria will be critical in avoiding potential disputes over claims.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 56a. Rights Of Crime Victims
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Penal Code

• Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
  • Section: 05
  • Section: New Section
  • Section: 05
  • Section: New Section
  • Section: 05
  • Section: New Section
  • Section: New Section

• Chapter 38. Obstructing Governmental Operation
  • Section: 04
  • Section: 04
  • Section: 04

• Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
  • Section: New Section
  • Section: New Section

Civil Practice And Remedies Code

• Chapter 75. Limitation Of Landowners' Liability
  • Section: 007
  • Section: 007
  • Section: 007
  • Section: 007

Government Code

• Chapter 2001. Administrative Procedure
  • Section: New Section
  • Section: New Section
  • Section: New Section

Tax Code

• Chapter 23. Appraisal Methods And Procedures
  • Section: New Section