Texas 2009 - 81st Regular

Texas House Bill HB4310 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Gallego H.B. No. 4310
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the investigation, prosecution, and punishment for
7	7	certain gang-related and other offenses and to the civil
8	8	consequences of engaging in certain activities of a criminal street
9	9	gang; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 4, Civil Practice and Remedies Code, is
12	12	amended by adding Chapter 100B to read as follows:
13	13	CHAPTER 100B. CRIMINAL STREET GANG LIABILITY
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 100B.001. DEFINITIONS. In this chapter:
16	16	(1) "Child" means a person younger than 18 years of
17	17	age.
18	18	(2) "Criminal street gang" means three or more persons
19	19	having a common identifying sign or symbol or an identifiable
20	20	leadership who continuously or regularly associate in the
21	21	commission of criminal activities.
22	22	(3) "Continuously or regularly" means at least five
23	23	times in a period of not more than 12 months.
24	24	(4) "Gang activity" has the meaning assigned by
25	25	Section 125.061.
26	26	(5) "Governmental entity" means:
27	27	(A) this state and any agency of the state; and
28	28	(B) a political subdivision of this state,
29	29	including any city, county, school district, junior college
30	30	district, levee improvement district, drainage district,
31	31	irrigation district, water improvement district, water control and
32	32	improvement district, water control and preservation district,
33	33	freshwater supply district, navigation district, conservation and
34	34	reclamation district, soil conservation district, communication
35	35	district, public health district, and river authority.
36	36	(6) "Parent" means a natural or adoptive parent,
37	37	managing or possessory conservator, or legal guardian of a person.
38	38	[Sections 100B.002-100B.050 reserved for expansion]
39	39	SUBCHAPTER B. LIABILITY TO PARENT
40	40	Sec. 100B.051. LIABILITY. A criminal street gang or a
41	41	member of a criminal street gang is liable to the parent of a child
42	42	for damages arising from the criminal street gang's or a member of
43	43	the criminal street gang's recruitment or inducement of the child
44	44	to become a member of the criminal street gang.
45	45	Sec. 100B.052. DAMAGES. (a) A plaintiff who prevails in a
46	46	suit under this chapter may recover economic and noneconomic
47	47	damages.
48	48	(b) In addition to an award under Subsection (a), a
49	49	plaintiff who prevails in a suit under this chapter may recover
50	50	exemplary damages and court costs and reasonable attorney's fees.
51	51	[Sections 100B.053-100B.100 reserved for expansion]
52	52	SUBCHAPTER C. LIABILITY TO GOVERNMENTAL ENTITY
53	53	Sec. 100B.101. LIABILITY. A criminal street gang or a
54	54	member of a criminal street gang is liable to a governmental entity
55	55	for damages arising from activities of a criminal street gang,
56	56	including:
57	57	(1) the cost of:
58	58	(A) policing property owned by the governmental
59	59	entity; and
60	60	(B) governmental services provided as a result of
61	61	the criminal street gang activity; and
62	62	(2) the amount by which the value of property owned by
63	63	the governmental entity or the entity's revenue from ad valorem
64	64	taxes on property in the entity's jurisdiction or any other taxes
65	65	collected in the entity's jurisdiction is reduced.
66	66	Sec. 100B.102. DAMAGES. (a) A governmental entity that
67	67	prevails in a suit under this chapter may recover economic damages.
68	68	(b) In addition to an award under Subsection (a), a
69	69	governmental entity that prevails in a suit under this chapter may
70	70	recover exemplary damages and court costs and reasonable attorney's
71	71	fees.
72	72	[Sections 100B.103-100B.150 reserved for expansion]
73	73	SUBCHAPTER D. LIABILITY TO NEIGHBORHOOD OR COMMUNITY
74	74	Sec. 100B.151. LIABILITY. A criminal street gang or a
75	75	member of a criminal street gang is liable to a neighborhood or
76	76	community injured by a public nuisance described by Subchapter D,
77	77	Chapter 125, arising out of gang activity engaged in by the gang.
78	78	Sec. 100B.152. DAMAGES. (a) A district, county, or city
79	79	attorney, the attorney general, or a resident of the state may sue
80	80	for money damages on behalf of a neighborhood or community injured
81	81	by a public nuisance described by Subchapter D, Chapter 125.
82	82	(b) In addition to an award under Subsection (a), a
83	83	neighborhood or community that prevails in a suit under this
84	84	subchapter may recover exemplary damages and court costs and
85	85	reasonable attorney's fees.
86	86	[Sections 100B.153-100B.200 reserved for expansion]
87	87	SUBCHAPTER E. EXECUTION ON JUDGMENT
88	88	Sec. 100B.201. LEVY ON PROPERTY OF GANG OR MEMBER. The
89	89	property of the criminal street gang or a member of the street gang
90	90	may be seized in execution on a judgment under this chapter.
91	91	SECTION 2. Article 42.01, Code of Criminal Procedure, is
92	92	amended by adding Section 9 to read as follows:
93	93	Sec. 9. In addition to the information described by Section
94	94	1, the judgment should reflect affirmative findings entered
95	95	pursuant to Article 42.0197.
96	96	SECTION 3. Chapter 42, Code of Criminal Procedure, is
97	97	amended by adding Article 42.0197 to read as follows:
98	98	Art. 42.0197. FINDING REGARDING GANG-RELATED CONDUCT. In
99	99	the trial of an offense, on the motion of the attorney representing
100	100	the state the judge shall make an affirmative finding of fact and
101	101	enter the affirmative finding in the judgment in the case if the
102	102	judge determines that the applicable conduct was engaged in as part
103	103	of the activities of a criminal street gang as defined by Section
104	104	71.01, Penal Code.
105	105	SECTION 4. Section 11(a), Article 42.12, Code of Criminal
106	106	Procedure, is amended to read as follows:
107	107	(a) The judge of the court having jurisdiction of the case
108	108	shall determine the conditions of community supervision and may, at
109	109	any time[,] during the period of community supervision, alter or
110	110	modify the conditions. The judge may impose any reasonable
111	111	condition that is designed to protect or restore the community,
112	112	protect or restore the victim, or punish, rehabilitate, or reform
113	113	the defendant. Conditions of community supervision may include, but
114	114	shall not be limited to, the conditions that the defendant shall:
115	115	(1) Commit no offense against the laws of this State or
116	116	of any other State or of the United States;
117	117	(2) Avoid injurious or vicious habits;
118	118	(3) Avoid persons or places of disreputable or harmful
119	119	character, including any person convicted of an offense involving
120	120	or furthering criminal street gang activity;
121	121	(4) Report to the supervision officer as directed by
122	122	the judge or supervision officer and obey all rules and regulations
123	123	of the community supervision and corrections department;
124	124	(5) Permit the supervision officer to visit the
125	125	defendant at the defendant's home or elsewhere;
126	126	(6) Work faithfully at suitable employment as far as
127	127	possible;
128	128	(7) Remain within a specified place;
129	129	(8) Pay the defendant's fine, if one is [be] assessed,
130	130	and all court costs whether a fine is [be] assessed or not, in one or
131	131	several sums;
132	132	(9) Support the defendant's dependents;
133	133	(10) Participate, for a time specified by the judge,
134	134	in any community-based program, including a community-service work
135	135	program under Section 16 of this article;
136	136	(11) Reimburse the county in which the prosecution was
137	137	instituted for compensation paid to appointed counsel for defending
138	138	the defendant in the case, if counsel was appointed, or if the
139	139	defendant was represented by a county-paid public defender, in an
140	140	amount that would have been paid to an appointed attorney had the
141	141	county not had a public defender;
142	142	(12) Remain under custodial supervision in a community
143	143	corrections facility, obey all rules and regulations of the [such]
144	144	facility, and pay a percentage of the defendant's income to the
145	145	facility for room and board;
146	146	(13) Pay a percentage of the defendant's income to the
147	147	defendant's dependents for their support while under custodial
148	148	supervision in a community corrections facility;
149	149	(14) Submit to testing for alcohol or controlled
150	150	substances;
151	151	(15) Attend counseling sessions for substance abusers
152	152	or participate in substance abuse treatment services in a program
153	153	or facility approved or licensed by the Texas Commission on Alcohol
154	154	and Drug Abuse;
155	155	(16) With the consent of the victim of a misdemeanor
156	156	offense or of any offense under Title 7, Penal Code, participate in
157	157	victim-defendant mediation;
158	158	(17) Submit to electronic monitoring;
159	159	(18) Reimburse the compensation to victims of crime
160	160	fund for any amounts paid from that fund to or on behalf of a victim,
161	161	as defined by Article 56.32, of the defendant's offense or if no
162	162	reimbursement is required, make one payment to the compensation to
163	163	victims of crime fund in an amount not to exceed $50 if the offense
164	164	is a misdemeanor or not to exceed $100 if the offense is a felony;
165	165	(19) Reimburse a law enforcement agency for the
166	166	analysis, storage, or disposal of raw materials, controlled
167	167	substances, chemical precursors, drug paraphernalia, or other
168	168	materials seized in connection with the offense;
169	169	(20) Pay all or part of the reasonable and necessary
170	170	costs incurred by the victim for psychological counseling made
171	171	necessary by the offense or for counseling and education relating
172	172	to acquired immune deficiency syndrome or human immunodeficiency
173	173	virus made necessary by the offense;
174	174	(21) Make one payment in an amount not to exceed $50 to
175	175	a crime stoppers organization as defined by Section 414.001,
176	176	Government Code, and as certified by the Crime Stoppers Advisory
177	177	Council;
178	178	(22) Submit a DNA sample to the Department of Public
179	179	Safety under Subchapter G, Chapter 411, Government Code, for the
180	180	purpose of creating a DNA record of the defendant;
181	181	(23) In any manner required by the judge, provide
182	182	public notice of the offense for which the defendant was placed on
183	183	community supervision in the county in which the offense was
184	184	committed; and
185	185	(24) Reimburse the county in which the prosecution was
186	186	instituted for compensation paid to any interpreter in the case.
187	187	SECTION 5. Article 59.01(2), Code of Criminal Procedure, as
188	188	amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B.
189	189	2278), Acts of the 80th Legislature, Regular Session, 2007, is
190	190	amended to read as follows:
191	191	(2) "Contraband" means property of any nature,
192	192	including real, personal, tangible, or intangible, that is:
193	193	(A) used in the commission of:
194	194	(i) any first or second degree felony under
195	195	the Penal Code;
196	196	(ii) any felony under Section 15.031(b),
197	197	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
198	198	31, 32, 33, 33A, or 35, Penal Code;
199	199	(iii) any felony under The Securities Act
200	200	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
201	201	(iv) any offense under Chapter 49, Penal
202	202	Code, that is punishable as a felony of the third degree or state
203	203	jail felony, if the defendant has been previously convicted three
204	204	times of an offense under that chapter;
205	205	(B) used or intended to be used in the commission
206	206	of:
207	207	(i) any felony under Chapter 481, Health
208	208	and Safety Code (Texas Controlled Substances Act);
209	209	(ii) any felony under Chapter 483, Health
210	210	and Safety Code;
211	211	(iii) a felony under Chapter 153, Finance
212	212	Code;
213	213	(iv) any felony under Chapter 34, Penal
214	214	Code;
215	215	(v) a Class A misdemeanor under Subchapter
216	216	B, Chapter 365, Health and Safety Code, if the defendant has been
217	217	previously convicted twice of an offense under that subchapter;
218	218	(vi) any felony under Chapter 152, Finance
219	219	Code;
220	220	(vii) any felony under Chapter 32, Human
221	221	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
222	222	involves the state Medicaid program;
223	223	(viii) a Class B misdemeanor under Chapter
224	224	522, Business & Commerce Code; [or]
225	225	(ix) a Class A misdemeanor under Section
226	226	35.153, Business & Commerce Code; or
227	227	(x) any offense under Chapter 71, Penal
228	228	Code;
229	229	(C) the proceeds gained from the commission of a
230	230	felony listed in Paragraph (A) or (B) of this subdivision, a
231	231	misdemeanor listed in Paragraph (B)(viii) or (x) of this
232	232	subdivision, or a crime of violence;
233	233	(D) acquired with proceeds gained from the
234	234	commission of a felony listed in Paragraph (A) or (B) of this
235	235	subdivision, a misdemeanor listed in Paragraph (B)(viii) or (x) of
236	236	this subdivision, or a crime of violence; or
237	237	(E) used to facilitate or intended to be used to
238	238	facilitate the commission of a felony under Section 15.031 or
239	239	43.25, Penal Code.
240	240	SECTION 6. Chapter 59, Code of Criminal Procedure, is
241	241	amended by adding Article 59.011 to read as follows:
242	242	Art. 59.011. ELECTION OF FORFEITURE PROCEEDING. If
243	243	property described by Article 59.01(2)(B)(x) is subject to
244	244	forfeiture under this chapter and Article 18.18, the attorney
245	245	representing the state may proceed under either provision.
246	246	SECTION 7. Chapter 54, Family Code, is amended by adding
247	247	Section 54.0491 to read as follows:
248	248	Sec. 54.0491. GANG-RELATED CONDUCT. (a) In this section:
249	249	(1) "Criminal street gang" has the meaning assigned by
250	250	Section 71.01, Penal Code.
251	251	(2) "Gang-related conduct" means conduct that
252	252	violates a penal law of the grade of Class B misdemeanor or higher
253	253	and in which a child engages with the intent to:
254	254	(A) further the criminal activities of a criminal
255	255	street gang of which the child is a member;
256	256	(B) gain membership in a criminal street gang; or
257	257	(C) avoid detection as a member of a criminal
258	258	street gang.
259	259	(b) A juvenile court, in a disposition hearing under Section
260	260	54.04 regarding a child who has been adjudicated to have engaged in
261	261	delinquent conduct that is also gang-related conduct, shall order
262	262	the child to participate in a criminal street gang intervention
263	263	program that is appropriate for the child based on the child's level
264	264	of involvement in the criminal activities of a criminal street
265	265	gang. The intervention program:
266	266	(1) must include at least 12 hours of instruction; and
267	267	(2) may include voluntary tattoo removal.
268	268	(c) If a child required to attend a criminal street gang
269	269	intervention program is committed to the Texas Youth Commission as
270	270	a result of the gang-related conduct, the child must complete the
271	271	intervention program before being discharged from the custody of or
272	272	released under supervision by the commission.
273	273	SECTION 8. Subchapter A, Chapter 411, Government Code, is
274	274	amended by adding Section 411.0207 to read as follows:
275	275	Sec. 411.0207. LAW ENFORCEMENT INTERNAL AFFAIRS UNIT. (a)
276	276	In this section, "organized criminal activity" means conduct that
277	277	constitutes an offense under Section 71.02, Penal Code.
278	278	(b) A law enforcement internal affairs unit is created
279	279	within the department to assist in the management of allegations of
280	280	participation in organized criminal activity by:
281	281	(1) an individual elected, appointed, or employed to
282	282	serve as a peace officer for a governmental entity of this state
283	283	under Article 2.12, Code of Criminal Procedure; or
284	284	(2) a federal law enforcement officer while performing
285	285	duties in this state.
286	286	(c) The unit shall:
287	287	(1) assist district attorneys and county attorneys in
288	288	the investigation and prosecution of allegations described by
289	289	Subsection (b);
290	290	(2) if requested by the agency, assist a state or local
291	291	law enforcement agency with the investigation of complaints against
292	292	law enforcement officers in the agency;
293	293	(3) assist the United States Department of Justice or
294	294	any other appropriate federal department or agency in the
295	295	investigation and prosecution of allegations described by
296	296	Subsection (b);
297	297	(4) if requested by the agency, assist a federal law
298	298	enforcement agency with the investigation of complaints against law
299	299	enforcement officers in the agency;
300	300	(5) serve as a clearinghouse for information relating
301	301	to the investigation and prosecution of allegations described by
302	302	Subsection (b); and
303	303	(6) report to the highest-ranking officer of the Texas
304	304	Rangers division of the department.
305	305	(d) The commission may direct an investigation by the unit
306	306	if the commission determines that providing direction is in the
307	307	best interest of this state.
308	308	(e) To the extent allowed by law, a state or local law
309	309	enforcement agency shall cooperate with the law enforcement
310	310	internal affairs unit by providing information requested by the
311	311	unit as necessary to carry out the purposes of this section.
312	312	Information described by this subsection is excepted from required
313	313	disclosure under Chapter 552 in the manner provided by Section
314	314	552.108.
315	315	SECTION 9. Section 3.03(a), Penal Code, is amended to read
316	316	as follows:
317	317	(a) When the accused is found guilty of more than one
318	318	offense arising out of the same criminal episode prosecuted in a
319	319	single criminal action, a sentence for each offense for which he has
320	320	been found guilty shall be pronounced. Except as provided by
321	321	Subsection (b) and Section 3.05, the sentences shall run
322	322	concurrently.
323	323	SECTION 10. Section 3.04(b), Penal Code, is amended to read
324	324	as follows:
325	325	(b) In the event of severance under this section, the
326	326	provisions of Section 3.03 do not apply, and, except as provided by
327	327	Section 3.05, the court in its discretion may order the sentences to
328	328	run either concurrently or consecutively.
329	329	SECTION 11. Section 15.031(e), Penal Code, is amended to
330	330	read as follows:
331	331	(e) An offense under this section is one category lower than
332	332	the solicited offense, except that an offense under this section is
333	333	the same category as the solicited offense if it is shown on the
334	334	trial of the offense that the actor:
335	335	(1) was at the time of the offense a member of a
336	336	criminal street gang, as defined by Section 71.01; and
337	337	(2) committed the offense with the intent to:
338	338	(A) further the criminal activities of the
339	339	criminal street gang; or
340	340	(B) avoid detection as a member of a criminal
341	341	street gang.
342	342	SECTION 12. Section 22.015(a), Penal Code, is amended by
343	343	adding Subdivision (3) to read as follows:
344	344	(3) "Family" has the meaning assigned by Section
345	345	71.003, Family Code.
346	346	SECTION 13. Section 22.015(b), Penal Code, is amended to
347	347	read as follows:
348	348	(b) A person commits an offense if, with intent to coerce,
349	349	induce, or solicit a child to actively participate in the
350	350	activities of a criminal street gang, the person:
351	351	(1) threatens the child or a member of the child's
352	352	family with imminent bodily injury; or
353	353	(2) causes bodily injury to the child or a member of
354	354	the child's family.
355	355	SECTION 14. Chapter 33, Penal Code, is amended by adding
356	356	Section 33.06 to read as follows:
357	357	Sec. 33.06. ONLINE PROMOTION OF A CRIMINAL STREET GANG. (a)
358	358	In this section, "criminal street gang" has the meaning assigned by
359	359	Section 71.01.
360	360	(b) A person commits an offense if, with the intent to
361	361	benefit, to promote, or to further the interests of a criminal
362	362	street gang or to increase the person's standing, position, or
363	363	status in the criminal street gang, the person uses the Internet,
364	364	including distributing, selling, transmitting, or posting on the
365	365	Internet an audio, video, or still representation of a person
366	366	engaged in criminal activity, to:
367	367	(1) intimidate or harass another person; or
368	368	(2) advertise the presence of the criminal street gang
369	369	in a specific geographic location.
370	370	(c) An offense under this section is a state jail felony.
371	371	SECTION 15. Section 37.10, Penal Code, is amended by adding
372	372	Subsection (j) to read as follows:
373	373	(j) It is not a defense to prosecution under Subsection
374	374	(a)(2) that the record, document, or thing made, presented, or used
375	375	displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or
376	376	another substantially similar statement intended to alert a person
377	377	to the falsity of the record, document, or thing, unless the record,
378	378	document, or thing displays the statement diagonally printed
379	379	clearly and indelibly on both the front and back of the record,
380	380	document, or thing in solid red capital letters at least one-fourth
381	381	inch in height.
382	382	SECTION 16. Section 38.02, Penal Code, is amended by
383	383	amending Subsection (c) and adding Subsection (d-1) to read as
384	384	follows:
385	385	(c) Except as provided by Subsections (d) and (d-1) [(e)],
386	386	an offense under this section is:
387	387	(1) a Class C misdemeanor if the offense is committed
388	388	under Subsection (a); or
389	389	(2) a Class B misdemeanor if the offense is committed
390	390	under Subsection (b).
391	391	(d-1) An offense under Subsection (b) is a state jail felony
392	392	if it is shown on the trial of the offense that the actor:
393	393	(1) was at the time of the offense a member of a
394	394	criminal street gang, as defined by Section 71.01; and
395	395	(2) committed the offense with the intent to:
396	396	(A) further the criminal activities of the
397	397	criminal street gang; or
398	398	(B) avoid detection as a member of a criminal
399	399	street gang.
400	400	SECTION 17. Chapter 71, Penal Code, is amended by adding
401	401	Section 71.024 to read as follows:
402	402	Sec. 71.024. CAUSING OR ENCOURAGING CHILD TO PARTICIPATE IN
403	403	GANG-RELATED CRIMINAL ACTIVITY. (a) In this section, "child"
404	404	means an individual younger than 17 years of age.
405	405	(b) A person commits an offense if the person intentionally,
406	406	knowingly, or recklessly, by act or omission, causes or encourages
407	407	a child to participate in any criminal activity that is:
408	408	(1) committed by a criminal street gang; and
409	409	(2) punishable as a Class A misdemeanor or a felony.
410	410	(c) An offense under this section is a felony of the third
411	411	degree if the offense is committed intentionally or knowingly. An
412	412	offense under this section is a Class A misdemeanor if the offense
413	413	is committed recklessly.
414	414	(d) If conduct, including an omission, constituting an
415	415	offense under this section also constitutes an offense under
416	416	another section of this code, the actor may be prosecuted under
417	417	either section or under both sections.
418	418	SECTION 18. Section 521.343(a), Transportation Code, is
419	419	amended to read as follows:
420	420	(a) Except as provided by Sections 521.342(b), 521.344(a),
421	421	(b), (d), (e), (f), (g), (h), and (i), 521.345, 521.346, 521.3465,
422	422	[and] 521.351, and 521.352, a suspension under this subchapter is
423	423	for one year.
424	424	SECTION 19. Subchapter O, Chapter 521, Transportation Code,
425	425	is amended by adding Section 521.352 to read as follows:
426	426	Sec. 521.352. SUSPENSION FOR CERTAIN ORGANIZED CRIME
427	427	OFFENSES. (a) A person's license is automatically suspended on
428	428	conviction of the person for an offense under Chapter 71, Penal
429	429	Code.
430	430	(b) The department may not issue a driver's license to a
431	431	person convicted of an offense specified in Subsection (a) who, on
432	432	the date of the conviction, did not hold a license.
433	433	(c) The period of license suspension or prohibition under
434	434	this section begins on a date set by the court that is not earlier
435	435	than the date of conviction or later than the 30th day after the
436	436	date of conviction. Except as provided by Subsection (d), the
437	437	period of license suspension or prohibition under this section
438	438	expires on the first anniversary of the date the suspension or
439	439	prohibition began.
440	440	(d) If on the date of conviction the defendant is younger
441	441	than 21 years of age, the period of license suspension or
442	442	prohibition continues until the later of:
443	443	(1) the first anniversary of the date the suspension
444	444	or prohibition began; or
445	445	(2) the date on which the defendant attains the age of
446	446	21.
447	447	SECTION 20. Section 521.457, Transportation Code, is
448	448	amended by amending Subsection (e) and adding Subsection (f-2) to
449	449	read as follows:
450	450	(e) Except as provided by Subsections (f), [and] (f-1), and
451	451	(f-2), an offense under this section is a Class C misdemeanor.
452	452	(f-2) If it is shown on the trial of an offense under this
453	453	section that the person operated a motor vehicle on a highway during
454	454	a period that the person's driver's license was suspended under
455	455	Section 521.352 or the person was prohibited from obtaining a
456	456	driver's license under that section, the offense is a Class A
457	457	misdemeanor.
458	458	SECTION 21. To the extent of any conflict, this Act prevails
459	459	over another Act of the 81st Legislature, Regular Session, 2009,
460	460	relating to nonsubstantive additions to and corrections in enacted
461	461	codes.
462	462	SECTION 22. Chapter 100B, Civil Practice and Remedies Code,
463	463	as added by this Act, applies only to a cause of action that accrues
464	464	on or after the effective date of this Act. A cause of action that
465	465	accrued before the effective date of this Act is governed by the law
466	466	in effect immediately before the effective date of this Act, and
467	467	that law is continued in effect for that purpose.
468	468	SECTION 23. Section 9, Article 42.01, Code of Criminal
469	469	Procedure, and Article 42.0197, Code of Criminal Procedure, as
470	470	added by this Act, apply only to a judgment of conviction entered on
471	471	or after the effective date of this Act.
472	472	SECTION 24. Section 11(a), Article 42.12, Code of Criminal
473	473	Procedure, as amended by this Act, applies only to a person who is
474	474	placed on community supervision for an offense committed on or
475	475	after the effective date of this Act. A person who is placed on
476	476	community supervision for an offense committed before the effective
477	477	date of this Act is governed by the law in effect on the date the
478	478	offense was committed, and the former law is continued in effect for
479	479	that purpose. For purposes of this section, an offense was
480	480	committed before the effective date of this Act if any element of
481	481	the offense occurred before that date.
482	482	SECTION 25. Article 59.01(2), Code of Criminal Procedure,
483	483	as amended by this Act, and Article 59.011, Code of Criminal
484	484	Procedure, as added by this Act, apply only to the forfeiture of
485	485	property used in the commission of an offense committed on or after
486	486	the effective date of this Act. Forfeiture of property used in the
487	487	commission of an offense committed before the effective date of
488	488	this Act is governed by the law in effect when the offense was
489	489	committed, and the former law is continued in effect for that
490	490	purpose. For purposes of this section, an offense was committed
491	491	before the effective date of this Act if any element of the offense
492	492	occurred before that date.
493	493	SECTION 26. Section 54.0491, Family Code, as added by this
494	494	Act, applies only to conduct that violates a penal law of this state
495	495	and occurs on or after the effective date of this Act. Conduct that
496	496	violates a penal law of this state and occurs before the effective
497	497	date of this Act is covered by the law in effect at the time the
498	498	conduct occurred, and the former law is continued in effect for that
499	499	purpose. For purposes of this section, conduct occurs before the
500	500	effective date of this Act if each element of the violation occurred
501	501	before that date.
502	502	SECTION 27. Not later than December 1, 2010, the Department
503	503	of Public Safety shall establish the law enforcement internal
504	504	affairs unit under Section 411.0207, Government Code, as added by
505	505	this Act.
506	506	SECTION 28. Sections 15.031(e) and 22.015(b), Penal Code,
507	507	as amended by this Act, and Sections 3.05, 37.10(j), 38.02(d-1),
508	508	and 71.028, Penal Code, and Sections 521.352 and 521.457(f-2),
509	509	Transportation Code, as added by this Act, apply only to an offense
510	510	committed on or after the effective date of this Act. An offense
511	511	committed before the effective date of this Act is covered by the
512	512	law in effect when the offense was committed, and the former law is
513	513	continued in effect for that purpose. For purposes of this section,
514	514	an offense was committed before the effective date of this Act if
515	515	any element of the offense occurred before that date.
516	516	SECTION 29. This Act takes effect September 1, 2009.