Texas House Bill HB3435

Texas 2015 - 84th Regular

Caption

Relating to civil and criminal actions related to racketeer influenced and corrupt organizations; creating a criminal offense.

Impact

The proposed legislation would introduce significant changes to the Texas Penal Code and Civil Practice and Remedies Code, particularly by establishing procedures for filing civil actions related to racketeering. By broadening the scope of what constitutes racketeering, the bill allows for a wider range of criminal activities to be prosecuted, including various felonies linked to organized crime. This could lead to harsher penalties for offenders, including potential fines and imprisonment, thus strengthening law enforcement's capabilities in tackling organized crime more effectively. Moreover, the bill lays out provisions for filing liens against property as part of the enforcement mechanism for damages related to racketeering offenses.

Summary

House Bill 3435, introduced by Representative Raymond, addresses the complex issues surrounding racketeer-influenced and corrupt organizations (RICO) in Texas. The primary goal of the bill is to establish legal frameworks for civil and criminal actions related to racketeering, ensuring that perpetrators can be effectively prosecuted and that victims have remedies available to them. The bill highlights the increasing sophistication of criminal activities that harm both citizens and the state. It aims to provide both punitive measures against offenders and avenues for compensation to those adversely affected by such unlawful conduct, steering clear of prosecuting isolated misdemeanors or civil disobedience incidents.

Contention

While the bill is aimed at fortifying Texas's legal framework against organized crime, it might generate contention around issues of civil liberties and the breadth of criminal definitions. Critics may raise concerns that expanding definitions of racketeering could prompt misuse or overreach by law enforcement, thus infringing upon individual rights. Furthermore, the implications of property liens may pose risks to innocent parties whose assets could be unjustly tied up in legal proceedings under the new provisions. Advocates for civil rights may stress the need for careful checks to avoid potential abuses of the power granted under this bill.