Texas 2015 - 84th Regular

Texas Senate Bill SB3 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Birdwell, et al. S.B. No. 3
2		-	(In the Senate - Filed March 3, 2015; March 3, 2015, read
3		-	first time and referred to Subcommittee on Border Security;
4		-	March 16, 2015, reported adversely, with favorable Committee
5		-	Substitute to Committee on Veteran Affairs and Military
6		-	Installations; March 23, 2015, reported adversely, with favorable
7		-	Committee Substitute by the following vote: Yeas 5, Nays 1,
8		-	1 present not voting; March 23, 2015, sent to printer.)
9		-	Click here to see the committee vote
10		-	COMMITTEE SUBSTITUTE FOR S.B. No. 3 By: Birdwell
11	2
12	3
13	4		A BILL TO BE ENTITLED
14	5		AN ACT
15	6		relating to the powers and duties of the Texas Department of Public
16	7		Safety, military and law enforcement training, and the
17	8		investigation, prosecution, punishment, and prevention of certain
18	9		offenses; creating an offense and increasing a criminal penalty;
19	10		authorizing fees.
20	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
21	12		SECTION 1. The legislature finds that the deployment of
22	13		Texas National Guard troops to the border region and the increase in
23	14		the number of Texas Department of Public Safety troopers assigned
24	15		to the border region have made a significant impact on securing the
25	16		border. It is the intention of the legislature to continue to fund
26	17		the Texas National Guard's deployment to the border region and to
27	18		fund the Texas Department of Public Safety's expansion of its
28	19		operations in the border region. The legislature finds that the
29	20		deployment of Texas National Guard troops to the border region is
30	21		needed until the Texas Department of Public Safety has the
31	22		personnel to fully secure the border region without the assistance
32	23		of the Texas National Guard troops.
33	24		SECTION 2. Article 2.12, Code of Criminal Procedure, is
34		-	amended to read as follows:
	25	+	amended to conform to S.B. 219, Acts of the 84th Legislature,
	26	+	Regular Session, 2015, and further amended to read as follows:
35	27		Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
36	28		officers:
37	29		(1) sheriffs, their deputies, and those reserve
38	30		deputies who hold a permanent peace officer license issued under
39	31		Chapter 1701, Occupations Code;
40	32		(2) constables, deputy constables, and those reserve
41	33		deputy constables who hold a permanent peace officer license issued
42	34		under Chapter 1701, Occupations Code;
43	35		(3) marshals or police officers of an incorporated
44	36		city, town, or village, and those reserve municipal police officers
45	37		who hold a permanent peace officer license issued under Chapter
46	38		1701, Occupations Code;
47	39		(4) rangers, [and] officers, and members of the
48	40		reserve officer corps commissioned by the Public Safety Commission
49	41		and the Director of the Department of Public Safety;
50	42		(5) investigators of the district attorneys', criminal
51	43		district attorneys', and county attorneys' offices;
52	44		(6) law enforcement agents of the Texas Alcoholic
53	45		Beverage Commission;
54	46		(7) each member of an arson investigating unit
55	47		commissioned by a city, a county, or the state;
56	48		(8) officers commissioned under Section 37.081,
57	49		Education Code, or Subchapter E, Chapter 51, Education Code;
58	50		(9) officers commissioned by the General Services
59	51		Commission;
60	52		(10) law enforcement officers commissioned by the
61	53		Parks and Wildlife Commission;
62	54		(11) airport police officers commissioned by a city
63	55		with a population of more than 1.18 million located primarily in a
64	56		county with a population of 2 million or more that operates an
65	57		airport that serves commercial air carriers;
66	58		(12) airport security personnel commissioned as peace
67	59		officers by the governing body of any political subdivision of this
68	60		state, other than a city described by Subdivision (11), that
69	61		operates an airport that serves commercial air carriers;
70	62		(13) municipal park and recreational patrolmen and
71	63		security officers;
72	64		(14) security officers and investigators commissioned
73	65		as peace officers by the comptroller;
74	66		(15) officers commissioned by a water control and
75	67		improvement district under Section 49.216, Water Code;
76	68		(16) officers commissioned by a board of trustees
77	69		under Chapter 54, Transportation Code;
78	70		(17) investigators commissioned by the Texas Medical
79	71		Board;
80	72		(18) officers commissioned by:
81	73		(A) the board of managers of the Dallas County
82	74		Hospital District, the Tarrant County Hospital District, the Bexar
83	75		County Hospital District, or the El Paso County Hospital District
84	76		under Section 281.057, Health and Safety Code;
85	77		(B) the board of directors of the Ector County
86	78		Hospital District under Section 1024.117, Special District Local
87	79		Laws Code; and
88	80		(C) the board of directors of the Midland County
89	81		Hospital District of Midland County, Texas, under Section 1061.121,
90	82		Special District Local Laws Code;
91	83		(19) county park rangers commissioned under
92	84		Subchapter E, Chapter 351, Local Government Code;
93	85		(20) investigators employed by the Texas Racing
94	86		Commission;
95	87		(21) officers commissioned under Chapter 554,
96	88		Occupations Code;
97	89		(22) officers commissioned by the governing body of a
98	90		metropolitan rapid transit authority under Section 451.108,
99	91		Transportation Code, or by a regional transportation authority
100	92		under Section 452.110, Transportation Code;
101	93		(23) investigators commissioned by the attorney
102	94		general under Section 402.009, Government Code;
103	95		(24) security officers and investigators commissioned
104	96		as peace officers under Chapter 466, Government Code;
105		-	(25) an officer employed by the Department of State
	97	+	(25) [an officer employed by the Department of State
106	98		Health Services under Section 431.2471, Health and Safety Code;
107		-	(26) officers appointed by an appellate court under
	99	+	[(26)] officers appointed by an appellate court under
108	100		Subchapter F, Chapter 53, Government Code;
109		-	(27) officers commissioned by the state fire ~~marshal~~
110		-	under Chapter 417, Government Code;
111		-	(28) an investigator commissioned by the ~~commissioner~~
112		-	of insurance under Section 701.104, Insurance Code;
113		-	(29) apprehension specialists and inspectors ~~general~~
114		-	commissioned by the Texas Juvenile Justice Department as ~~officers~~
115		-	under Sections 242.102 and 243.052, Human Resources Code;
116		-	(30) officers appointed by the inspector ~~general of~~
117		-	the Texas Department of Criminal Justice under Section ~~493.019,~~
118		-	Government Code;
119		-	(31) investigators commissioned by the Texas
	101	+	(26) [(27)] officers commissioned by the state fire
	102	+	marshal under Chapter 417, Government Code;
	103	+	(27) [(28)] an investigator commissioned by the
	104	+	commissioner of insurance under Section 701.104, Insurance Code;
	105	+	(28) [(29)] apprehension specialists and inspectors
	106	+	general commissioned by the Texas Juvenile Justice Department as
	107	+	officers under Sections 242.102 and 243.052, Human Resources Code;
	108	+	(29) [(30)] officers appointed by the inspector
	109	+	general of the Texas Department of Criminal Justice under Section
	110	+	493.019, Government Code;
	111	+	(30) [(31)] investigators commissioned by the Texas
120	112		Commission on Law Enforcement under Section 1701.160, Occupations
121	113		Code;
122		-	(32) commission investigators commissioned by ~~the~~
123		-	Texas Private Security Board under Section 1702.061 ~~[1702.061(f)],~~
124		-	Occupations Code;
125		-	(33) the fire marshal and any officers, ~~inspectors, or~~
126		-	investigators commissioned by an emergency services ~~district under~~
127		-	Chapter 775, Health and Safety Code;
128		-	(34) officers commissioned by the State Board of
129		-	Dental Examiners under Section 254.013, Occupations Code, ~~subject~~
130		-	to the limitations imposed by that section;
131		-	(35) investigators commissioned by the Texas ~~Juvenile~~
132		-	Justice Department as officers under Section 221.011, ~~Human~~
133		-	Resources Code; and
134		-	(36) the fire marshal and any related officers,
	114	+	(31) [(32)] commission investigators commissioned by
	115	+	the Texas Private Security Board under Section 1702.061
	116	+	[1702.061(f)], Occupations Code;
	117	+	(32) [(33)] the fire marshal and any officers,
	118	+	inspectors, or investigators commissioned by an emergency services
	119	+	district under Chapter 775, Health and Safety Code;
	120	+	(33) [(34)] officers commissioned by the State Board
	121	+	of Dental Examiners under Section 254.013, Occupations Code,
	122	+	subject to the limitations imposed by that section;
	123	+	(34) [(35)] investigators commissioned by the Texas
	124	+	Juvenile Justice Department as officers under Section 221.011,
	125	+	Human Resources Code; and
	126	+	(35) [(36)] the fire marshal and any related officers,
135	127		inspectors, or investigators commissioned by a county under
136	128		Subchapter B, Chapter 352, Local Government Code.
137	129		SECTION 3. Section 4, Article 18.20, Code of Criminal
138	130		Procedure, is amended to read as follows:
139	131		Sec. 4. OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED.
140	132		A judge of competent jurisdiction may issue an order authorizing
141	133		interception of wire, oral, or electronic communications only if
142	134		the prosecutor applying for the order shows probable cause to
143	135		believe that the interception will provide evidence of the
144	136		commission of:
145	137		(1) a felony under Section 19.02, 19.03, or 43.26,
146	138		Penal Code;
147	139		(2) a felony under:
148	140		(A) Chapter 481, Health and Safety Code, other
149	141		than felony possession of marihuana;
150	142		(B) Section 485.032, Health and Safety Code; or
151	143		(C) Chapter 483, Health and Safety Code;
152	144		(3) an offense under Section 20.03 or 20.04, Penal
153	145		Code;
154	146		(4) an offense under Chapter 20A, Penal Code;
155	147		(5) an offense under Chapter 34, Penal Code, if the
156	148		criminal activity giving rise to the proceeds involves the
157	149		commission of an offense under Title 5, Penal Code, or an offense
158	150		under federal law or the laws of another state containing elements
159	151		that are substantially similar to the elements of an offense under
160	152		Title 5;
161	153		(6) an offense under Section 38.11, Penal Code; [or]
162	154		(7) an offense under Section 43.04 or 43.05, Penal
163	155		Code; or
164	156		(8) an attempt, conspiracy, or solicitation to commit
165	157		an offense listed in this section.
166	158		SECTION 4. Article 59.01(2), Code of Criminal Procedure, as
167	159		amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the
168	160		83rd Legislature, Regular Session, 2013, is reenacted and amended
169	161		to read as follows:
170	162		(2) "Contraband" means property of any nature,
171	163		including real, personal, tangible, or intangible, that is:
172	164		(A) used in the commission of:
173	165		(i) any first or second degree felony under
174	166		the Penal Code;
175	167		(ii) any felony under Section 15.031(b),
176	168		20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
177	169		33A, or 35, Penal Code;
178	170		(iii) any felony under The Securities Act
179	171		(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
180	172		(iv) any offense under Chapter 49, Penal
181	173		Code, that is punishable as a felony of the third degree or state
182	174		jail felony, if the defendant has been previously convicted three
183	175		times of an offense under that chapter;
184	176		(B) used or intended to be used in the commission
185	177		of:
186	178		(i) any felony under Chapter 481, Health
187	179		and Safety Code (Texas Controlled Substances Act);
188	180		(ii) any felony under Chapter 483, Health
189	181		and Safety Code;
190	182		(iii) a felony under Chapter 151, Finance
191	183		Code;
192	184		(iv) any felony under Chapter 34, Penal
193	185		Code;
194	186		(v) a Class A misdemeanor under Subchapter
195	187		B, Chapter 365, Health and Safety Code, if the defendant has been
196	188		previously convicted twice of an offense under that subchapter;
197	189		(vi) any felony under Chapter 32, Human
198	190		Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
199	191		involves the state Medicaid program;
200	192		(vii) a Class B misdemeanor under Chapter
201	193		522, Business & Commerce Code;
202	194		(viii) a Class A misdemeanor under Section
203	195		306.051, Business & Commerce Code;
204	196		(ix) any offense under Section 42.10, Penal
205	197		Code;
206	198		(x) any offense under Section 46.06(a)(1)
207	199		or 46.14, Penal Code;
208	200		(xi) any offense under Chapter 71, Penal
209	201		Code;
210	202		(xii) any offense under Section 20.05 or
211	203		20.06, Penal Code; or
212	204		(xiii) [(xiv)] an offense under Section
213	205		326.002, Business & Commerce Code;
214	206		(C) the proceeds gained from the commission of a
215	207		felony listed in Paragraph (A) or (B) of this subdivision, a
216	208		misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
217	209		this subdivision, or a crime of violence;
218	210		(D) acquired with proceeds gained from the
219	211		commission of a felony listed in Paragraph (A) or (B) of this
220	212		subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
221	213		or (xi) of this subdivision, or a crime of violence;
222	214		(E) used to facilitate or intended to be used to
223	215		facilitate the commission of a felony under Section 15.031 or
224	216		43.25, Penal Code; or
225	217		(F) used to facilitate or intended to be used to
226	218		facilitate the commission of a felony under Section 20A.02 or
227	219		Chapter 43, Penal Code.
228		-	SECTION 5. Section 411.0043, Government Code, is amended to
	220	+	SECTION 5. Subchapter B, Chapter 402, Government Code, is
	221	+	amended by adding Section 402.038 to read as follows:
	222	+	Sec. 402.038. TRANSNATIONAL AND ORGANIZED CRIME DIVISION.
	223	+	(a) The office of the attorney general shall establish a
	224	+	transnational and organized crime division.
	225	+	(b) To address matters related to border security and
	226	+	organized crime, the transnational and organized crime division
	227	+	shall:
	228	+	(1) establish within the division a prosecution unit
	229	+	to provide critical assistance to local prosecutors;
	230	+	(2) using existing funds, establish within the
	231	+	division a trafficking of persons unit to:
	232	+	(A) assist local law enforcement agencies and
	233	+	local prosecutors in investigating and prosecuting trafficking of
	234	+	persons and related crimes; and
	235	+	(B) work with the appropriate local and state
	236	+	agencies to identify victims of trafficking of persons and to
	237	+	provide the types of assistance available for those victims under
	238	+	Chapter 56, Code of Criminal Procedure; and
	239	+	(3) develop initiatives to provide greater state
	240	+	assistance, support, and coordination among state law enforcement
	241	+	agencies, local law enforcement agencies, and local prosecutors.
	242	+	(c) Assistance provided by the division under this section
	243	+	may include the assistance authorized under Section 402.028.
	244	+	SECTION 6. Section 411.0043, Government Code, is amended to
229	245		read as follows:
230	246		Sec. 411.0043. TECHNOLOGY POLICY; REVIEW. (a) The
231	247		commission shall implement a policy requiring the department to use
232	248		appropriate technological solutions to improve the department's
233	249		ability to perform its functions. The policy must ensure that the
234	250		public is able to interact with the department on the Internet.
235	251		(b) The department shall periodically:
236	252		(1) review the department's existing information
237	253		technology system to determine whether:
238	254		(A) the system's security should be upgraded; and
239	255		(B) the system provides the department with the
240	256		best ability to monitor and investigate criminal activity on the
241	257		Internet; and
242	258		(2) make any necessary improvements to the
243	259		department's information technology system.
244		-	SECTION 6. Subchapter A, Chapter 411, Government Code, is
	260	+	SECTION 7. Subchapter A, Chapter 411, Government Code, is
245	261		amended by adding Section 411.0163 to read as follows:
246	262		Sec. 411.0163. HIRING OFFICERS WITH PREVIOUS LAW
247	263		ENFORCEMENT EXPERIENCE. Notwithstanding any other provision of
248	264		law, the department may, at the time a commissioned officer is
249	265		hired, elect to credit up to four years of experience as a peace
250	266		officer in the state as years of service for the purpose of
251	267		calculating the officer's salary under Schedule C. All officers
252	268		are subject to the one-year probationary period under Section
253	269		411.007(g) notwithstanding the officer's rank or salary
254	270		classification.
255		-	SECTION 7. Subchapter A, Chapter 411, Government Code, is
	271	+	SECTION 8. Subchapter A, Chapter 411, Government Code, is
	272	+	amended by adding Section 411.0164 to read as follows:
	273	+	Sec. 411.0164. 50-HOUR WORKWEEK FOR COMMISSIONED OFFICERS.
	274	+	Notwithstanding any other law, the department may implement a
	275	+	10-hour workday and 50-hour workweek for commissioned officers of
	276	+	the department.
	277	+	SECTION 9. Subchapter A, Chapter 411, Government Code, is
256	278		amended by adding Sections 411.0203, 411.0208, and 411.0209 to read
257	279		as follows:
258	280		Sec. 411.0203. TEXAS TRANSNATIONAL INTELLIGENCE CENTER.
259	281		(a) The department by rule shall establish the Texas Transnational
260	282		Intelligence Center as a central repository of real-time
261	283		information relating to:
262	284		(1) autopsies in which the person's death is likely
263	285		connected to transnational criminal activity;
264	286		(2) criminal activity in the counties along the
265	287		Texas-Mexico border and certain other counties; and
266	288		(3) other transnational criminal activity in the
267	289		state.
268	290		(b) The department shall locate the center in a county with
269	291		a population of not more than 800,000 that is adjacent to the
270	292		Texas-Mexico border. The department may only locate the center in a
271	293		county if the sheriff's department in the county and a police
272	294		department of a municipality in the county agree to jointly operate
273	295		the center.
274	296		(c) The sheriff's department of the county in which the
275	297		center is located and the police department of the municipality
276	298		that agrees to jointly operate the center shall assist in the
277	299		establishment of the center.
278	300		(d) Each law enforcement agency in a county located along
279	301		the Texas-Mexico border or in a county with a federal checkpoint
280	302		shall report to the center information regarding criminal activity
281	303		in the law enforcement agency's jurisdiction, including
282	304		information on kidnappings, home invasions, and incidents of
283	305		impersonation of law enforcement officers. The Texas Alcoholic
284	306		Beverage Commission and Parks and Wildlife Department shall report
285	307		to the center information regarding transnational criminal
286	308		activity in each agency's jurisdiction.
287	309		(e) The information in the center shall be made available to
288	310		each law enforcement agency in the state and the Texas Alcoholic
289	311		Beverage Commission and Parks and Wildlife Department.
290	312		Sec. 411.0208. RESERVE OFFICER CORPS. (a) The commission
291	313		may provide for the establishment of a reserve officer corps
292	314		consisting of retired or previously commissioned officers of the
293	315		department.
294	316		(b) The commission shall establish qualifications and
295	317		standards of training for members of the reserve officer corps.
296	318		(c) The commission may limit the size of the reserve officer
297	319		corps.
298	320		(d) The director shall appoint the members of the reserve
299	321		officer corps. Members serve at the director's discretion.
300	322		(e) The director may call the reserve officer corps into
301	323		service at any time the director considers it necessary to have
302	324		additional officers to assist the department in conducting
303	325		background investigations, sex offender compliance checks, and
304	326		other duties as determined necessary by the director.
305	327		Sec. 411.0209. DEPARTMENT ASSISTANCE AT INTERNATIONAL
306		-	BORDER CHECKPOINTS. (a) To prevent the unlawful transfer of
307		-	contraband from this state to the United Mexican States and other
308		-	unlawful activity, the department shall investigate the
309		-	feasibility of providing to federal authorities at international
310		-	border checkpoints assistance in the interdiction of weapons, bulk
311		-	currency, stolen vehicles, and other contraband, and of fugitives,
312		-	being smuggled into the United Mexican States.
	328	+	BORDER CHECKPOINTS. (a) The department shall provide to federal
	329	+	authorities at international border checkpoints assistance in the
	330	+	interdiction of weapons, bulk currency, stolen vehicles, and other
	331	+	contraband, and of fugitives, being smuggled into the United
	332	+	Mexican States.
313	333		(b) The department may share with the federal government the
314	334		cost of staffing any international border checkpoints for the
315	335		purposes described by this section.
316	336		(c) The director shall adopt procedures as necessary to
317	337		administer this section.
318		-	SECTION 8. Subchapter D, Chapter 411, Government Code, is
	338	+	SECTION 10. Subchapter D, Chapter 411, Government Code, is
319	339		amended by adding Section 411.054 to read as follows:
320		-	Sec. 411.054. CRIME STATISTICS REPORTING. (a) Each local
321		-	law enforcement agency shall:
322		-	(1) implement an incident-based reporting system that
323		-	meets the reporting requirements of the National Incident-Based
324		-	Reporting System of the Uniform Crime Reporting Program of the
325		-	Federal Bureau of Investigation; and
326		-	(2) use the system described by Subdivision (1) to
327		-	submit to the department information and statistics concerning
	340	+	Sec. 411.054. INCIDENT-BASED CRIME STATISTICS REPORTING
	341	+	GOAL. (a) The department shall establish a goal that, not later
	342	+	than September 1, 2019, at least 36 percent of all local law
	343	+	enforcement agencies that submitted to the department during the
	344	+	state fiscal biennium ending August 31, 2015, information and
	345	+	statistics concerning criminal offenses committed in the
	346	+	jurisdiction of those agencies will:
	347	+	(1) have implemented an incident-based reporting
	348	+	system that meets the reporting requirements of the National
	349	+	Incident-Based Reporting System of the Uniform Crime Reporting
	350	+	Program of the Federal Bureau of Investigation; and
	351	+	(2) be using the system described by Subdivision (1)
	352	+	to submit to the department information and statistics concerning
328	353		criminal offenses committed in the jurisdiction of the local law
329	354		enforcement agency.
330		-	(b) The department shall adopt rules to implement this
331		-	section, including rules prescribing:
332		-	(1) the form and manner of the submission of
333		-	information and statistics; and
334		-	(2) the frequency of reporting.
335		-	(c) Notwithstanding any other law, a local law enforcement
336		-	agency that is not in compliance with this section and that receives
337		-	grant funds from the department or the criminal justice division of
338		-	the governor's office may only use those funds to come into
339		-	compliance with this section.
340		-	(d) A local law enforcement agency is not required to comply
341		-	with this section before September 1, 2019.
342		-	(e) Subsection (d) and this subsection expire September 1,
343		-	2019.
344		-	SECTION 9. Subchapter D, Chapter 437, Government Code, is
345		-	amended by adding Section 437.164 to read as follows:
346		-	Sec. 437.164. MULTIUSE TRAINING FACILITY. (a) The Texas
	355	+	(b) The department shall:
	356	+	(1) periodically analyze implementation and use of the
	357	+	system described by Subsection (a)(1); and
	358	+	(2) identify which specific, additional local law
	359	+	enforcement agencies the department needs to implement the system
	360	+	described by Subsection (a)(1) to generate reasonable estimates of
	361	+	the number and types of criminal offenses that are committed in this
	362	+	state.
	363	+	(c) In identifying specific, additional local law
	364	+	enforcement agencies under Subsection (b)(2), the department
	365	+	shall:
	366	+	(1) consult with stakeholders, including local law
	367	+	enforcement agencies and local and statewide law enforcement
	368	+	associations; and
	369	+	(2) consider, at a minimum:
	370	+	(A) geographic distribution of local law
	371	+	enforcement agencies;
	372	+	(B) the number of peace officers at a local law
	373	+	enforcement agency;
	374	+	(C) the jurisdiction of a local law enforcement
	375	+	agency;
	376	+	(D) population density and composition of the
	377	+	area served by a local law enforcement agency;
	378	+	(E) access to transportation networks in the area
	379	+	served by a local law enforcement agency;
	380	+	(F) the relationship of a local law enforcement
	381	+	agency to other components of the criminal justice system; and
	382	+	(G) crime reporting practices of persons
	383	+	residing in the area served by a local law enforcement agency.
	384	+	(d) The department shall provide quarterly reports to the
	385	+	Legislative Budget Board that include:
	386	+	(1) the local law enforcement agencies that have been
	387	+	identified as subjects for the implementation of the system
	388	+	described by Subsection (a)(1); and
	389	+	(2) any available information regarding local law
	390	+	enforcement agencies' progress in implementing and using the system
	391	+	described by Subsection (a)(1) to submit to the department
	392	+	information and statistics described by Subsection (a)(2).
	393	+	(e) The department shall adopt rules to implement this
	394	+	section.
	395	+	SECTION 11. Subchapter A, Chapter 411, Government Code, is
	396	+	amended by adding Section 411.0141 to read as follows:
	397	+	Sec. 411.0141. MULTIUSE TRAINING FACILITY. (a) The Texas
347	398		Facilities Commission shall construct a multiuse training facility
348		-	to be used by the department, the Texas military forces, the Texas
349		-	Department of Public Safety, county and municipal law enforcement
350		-	agencies, and any other military or law enforcement agency,
351		-	including agencies of the federal government, for training
352		-	purposes.
	399	+	to be used by the department, the Texas military forces, county and
	400	+	municipal law enforcement agencies, and any other military or law
	401	+	enforcement agency, including agencies of the federal government,
	402	+	for training purposes.
353	403		(b) The Texas Facilities Commission, with the assistance of
354		-	the department and the Texas Department of Public Safety, shall
355		-	locate and acquire real property for the purpose of constructing
356		-	the training facility.
357		-	(c) The department and the Texas Department of Public Safety
358		-	shall, with the assistance of the Texas Facilities Commission,
359		-	design the training facility.
	404	+	the department, shall locate and acquire real property for the
	405	+	purpose of constructing the training facility. The governing body
	406	+	of a county or municipality, on behalf of the county or
	407	+	municipality, may donate real property to the department for the
	408	+	training facility. The donation may be in fee simple or otherwise.
	409	+	(c) The department shall, with the assistance of the Texas
	410	+	Facilities Commission, design the training facility.
360	411		(d) On completion of the construction of the training
361	412		facility, the Texas Facilities Commission shall transfer ownership
362	413		of the training facility, including the real property and
363	414		buildings, to the department.
364		-	(e) The department shall apply for federal money to
365		-	reimburse the state for the cost of constructing the training
366		-	facility.
367		-	(f) The department shall manage the training facility and
	415	+	(e) The department shall manage the training facility and
368	416		may adopt rules necessary to implement this section. The
369	417		department shall make the training facility available for use by
370		-	the department, the Texas military forces, ~~the Texas Department of~~
371		-	~~Public Safety, county and municipal law~~ enforcement agencies, and
372		-	~~any other military or law enforcement~~ agency, including agencies of
373		-	~~the federal government. The~~ department may set and collect fees for
374		-	~~the use of the training~~ facility.
375		-	SECTION 10. Section 772.007, Government Code, is reenacted
	418	+	the department, the Texas military forces, county and municipal law
	419	+	enforcement agencies, and any other military or law enforcement
	420	+	agency, including agencies of the federal government. The
	421	+	department may set and collect fees for the use of the training
	422	+	facility.
	423	+	SECTION 12. Section 772.007, Government Code, is reenacted
376	424		to read as follows:
377	425		Sec. 772.007. TEXAS ANTI-GANG GRANT PROGRAM. (a) The
378	426		criminal justice division established under Section 772.006 shall
379	427		administer a competitive grant program to support regional,
380	428		multidisciplinary approaches to combat gang violence through the
381	429		coordination of gang prevention, intervention, and suppression
382	430		activities.
383	431		(b) The grant program administered under this section must
384	432		be directed toward regions of this state that have demonstrably
385	433		high levels of gang violence.
386	434		(c) The criminal justice division shall award grants to
387	435		qualified applicants, as determined by the division, that
388	436		demonstrate a comprehensive approach that balances gang
389	437		prevention, intervention, and suppression activities to reduce
390	438		gang violence.
391	439		(d) The criminal justice division shall include in the
392	440		biennial report required by Section 772.006(a)(9) detailed
393	441		reporting of the results and performance of the grant program
394	442		administered under this section.
395	443		(e) The criminal justice division may use any revenue
396	444		available for purposes of this section.
397		-	SECTION 11. Section 20.05, Penal Code, is amended to read as
	445	+	SECTION 13. Section 20.05, Penal Code, is amended to read as
398	446		follows:
399	447		Sec. 20.05. SMUGGLING OF PERSONS. (a) A person commits an
400	448		offense if the person, with the intent to obtain a pecuniary
401	449		benefit, knowingly:
402	450		(1) [intentionally] uses a motor vehicle, aircraft,
403	451		[or] watercraft, or other means of conveyance to transport an
404	452		individual with the intent to:
405	453		(A) [(1)] conceal the individual from a peace
406	454		officer or special investigator; or
407	455		(B) [(2)] flee from a person the actor knows is a
408	456		peace officer or special investigator attempting to lawfully arrest
409	457		or detain the actor; or
410	458		(2) encourages or induces a person to enter or remain
411	459		in this country in violation of federal law by concealing,
412	460		harboring, or shielding that person from detection.
413	461		(b) An [Except as provided by Subsection (c), an] offense
414	462		under this section is [a state jail felony.
415	463		[(c) An offense under this section is] a felony of the third
416	464		degree, except that [if the actor commits] the offense is:
417	465		(1) a felony of the second degree if:
418	466		(A) the actor commits the offense [for pecuniary
419	467		benefit; or
420	468		[(2)] in a manner that creates a substantial
421	469		likelihood that the smuggled [transported] individual will suffer
422	470		serious bodily injury or death; or
423	471		(B) the smuggled individual is a child younger
424	472		than 18 years of age at the time of the offense; or
425	473		(2) a felony of the first degree if:
426	474		(A) it is shown on the trial of the offense that,
427	475		as a direct result of the commission of the offense, the smuggled
428	476		individual became a victim of sexual assault, as defined by Section
429	477		22.011, or aggravated sexual assault, as defined by Section 22.021;
430	478		or
431	479		(B) the smuggled individual suffered serious
432	480		bodily injury or death.
433	481		(c) [(d)] It is an affirmative defense to prosecution of an
434	482		offense under this section, other than an offense punishable under
435	483		Subsection (b)(1)(A) or (b)(2), that the actor is related to the
436	484		smuggled [transported] individual within the second degree of
437	485		consanguinity or, at the time of the offense, within the second
438	486		degree of affinity.
439	487		(d) [(e)] If conduct constituting an offense under this
440	488		section also constitutes an offense under another section of this
441	489		code, the actor may be prosecuted under either section or under both
442	490		sections.
443		-	SECTION 12. Chapter 20, Penal Code, is amended by adding
	491	+	SECTION 14. Chapter 20, Penal Code, is amended by adding
444	492		Section 20.06 to read as follows:
445	493		Sec. 20.06. CONTINUOUS SMUGGLING OF PERSONS. (a) A person
446	494		commits an offense if, during a period that is 30 or more days in
447	495		duration, the person engages two or more times in conduct that
448	496		constitutes an offense under Section 20.05.
449	497		(b) If a jury is the trier of fact, members of the jury are
450	498		not required to agree unanimously on which specific conduct engaged
451	499		in by the defendant constituted an offense under Section 20.05 or on
452	500		which exact date the defendant engaged in that conduct. The jury
453	501		must agree unanimously that the defendant, during a period that is
454	502		30 or more days in duration, engaged two or more times in conduct
455	503		that constitutes an offense under Section 20.05.
456	504		(c) If the victim of an offense under Subsection (a) is the
457	505		same victim as a victim of an offense under Section 20.05, a
458	506		defendant may not be convicted of the offense under Section 20.05 in
459	507		the same criminal action as the offense under Subsection (a),
460	508		unless the offense under Section 20.05:
461	509		(1) is charged in the alternative;
462	510		(2) occurred outside the period in which the offense
463	511		alleged under Subsection (a) was committed; or
464	512		(3) is considered by the trier of fact to be a lesser
465	513		included offense of the offense alleged under Subsection (a).
466	514		(d) A defendant may not be charged with more than one count
467	515		under Subsection (a) if all of the conduct that constitutes an
468	516		offense under Section 20.05 is alleged to have been committed
469	517		against the same victim.
470	518		(e) Except as provided by Subsections (f) and (g), an
471	519		offense under this section is a felony of the second degree.
472	520		(f) An offense under this section is a felony of the first
473	521		degree if:
474	522		(1) the conduct constituting an offense under Section
475	523		20.05 is conducted in a manner that creates a substantial
476	524		likelihood that the smuggled individual will suffer serious bodily
477	525		injury or death; or
478	526		(2) the smuggled individual is a child younger than 18
479	527		years of age at the time of the offense.
480	528		(g) An offense under this section is a felony of the first
481	529		degree, punishable by imprisonment in the Texas Department of
482	530		Criminal Justice for life or for any term of not more than 99 years
483	531		or less than 25 years, if:
484	532		(1) it is shown on the trial of the offense that, as a
485	533		direct result of the commission of the offense, the smuggled
486	534		individual became a victim of sexual assault, as defined by Section
487	535		22.011, or aggravated sexual assault, as defined by Section 22.021;
488	536		or
489	537		(2) the smuggled individual suffered serious bodily
490	538		injury or death.
491		-	SECTION 13. Sections 71.02(a) and (b), Penal Code, are
	539	+	SECTION 15. Sections 71.02(a) and (b), Penal Code, are
492	540		amended to read as follows:
493	541		(a) A person commits an offense if, with the intent to
494	542		establish, maintain, or participate in a combination or in the
495	543		profits of a combination or as a member of a criminal street gang,
496	544		the person commits or conspires to commit one or more of the
497	545		following:
498	546		(1) murder, capital murder, arson, aggravated
499	547		robbery, robbery, burglary, theft, aggravated kidnapping,
500	548		kidnapping, aggravated assault, aggravated sexual assault, sexual
501	549		assault, continuous sexual abuse of young child or children,
502	550		solicitation of a minor, forgery, deadly conduct, assault
503	551		punishable as a Class A misdemeanor, burglary of a motor vehicle, or
504	552		unauthorized use of a motor vehicle;
505	553		(2) any gambling offense punishable as a Class A
506	554		misdemeanor;
507	555		(3) promotion of prostitution, aggravated promotion
508	556		of prostitution, or compelling prostitution;
509	557		(4) unlawful manufacture, transportation, repair, or
510	558		sale of firearms or prohibited weapons;
511	559		(5) unlawful manufacture, delivery, dispensation, or
512	560		distribution of a controlled substance or dangerous drug, or
513	561		unlawful possession of a controlled substance or dangerous drug
514	562		through forgery, fraud, misrepresentation, or deception;
515	563		(5-a) causing the unlawful delivery, dispensation, or
516	564		distribution of a controlled substance or dangerous drug in
517	565		violation of Subtitle B, Title 3, Occupations Code;
518	566		(6) any unlawful wholesale promotion or possession of
519	567		any obscene material or obscene device with the intent to wholesale
520	568		promote the same;
521	569		(7) any offense under Subchapter B, Chapter 43,
522	570		depicting or involving conduct by or directed toward a child
523	571		younger than 18 years of age;
524	572		(8) any felony offense under Chapter 32;
525	573		(9) any offense under Chapter 36;
526	574		(10) any offense under Chapter 34, 35, or 35A;
527	575		(11) any offense under Section 37.11(a);
528	576		(12) any offense under Chapter 20A;
529	577		(13) any offense under Section 37.10;
530	578		(14) any offense under Section 38.06, 38.07, 38.09, or
531	579		38.11;
532	580		(15) any offense under Section 42.10;
533	581		(16) any offense under Section 46.06(a)(1) or 46.14;
534	582		(17) any offense under Section 20.05 or 20.06; or
535	583		(18) any offense classified as a felony under the Tax
536	584		Code.
537	585		(b) Except as provided in Subsections (c) and (d), an
538	586		offense under this section is one category higher than the most
539	587		serious offense listed in Subsection (a) that was committed, and if
540	588		the most serious offense is a Class A misdemeanor, the offense is a
541	589		state jail felony, except that the offense is a felony of the first
542	590		degree punishable by imprisonment in the Texas Department of
543	591		Criminal Justice for:
544	592		(1) life without parole, if the most serious offense
545	593		is an aggravated sexual assault and if at the time of that offense
546	594		the defendant is 18 years of age or older and:
547	595		(A) the victim of the offense is younger than six
548	596		years of age;
549	597		(B) the victim of the offense is younger than 14
550	598		years of age and the actor commits the offense in a manner described
551	599		by Section 22.021(a)(2)(A); or
552	600		(C) the victim of the offense is younger than 17
553	601		years of age and suffered serious bodily injury as a result of the
554	602		offense; [or]
555	603		(2) life or for any term of not more than 99 years or
556	604		less than 30 years if the most serious offense is an offense under
557	605		Section 20.06 that is punishable under Subsection (g) of that
558	606		section; or
559	607		(3) life or for any term of not more than 99 years or
560	608		less than 15 years if the most serious offense is an offense
561	609		punishable as a felony of the first degree, other than an offense
562	610		described by Subdivision (1) or (2).
563		-	SECTION 14. The change in law made by this Act to Section 4,
	611	+	SECTION 16. The change in law made by this Act to Section 4,
564	612		Article 18.20, Code of Criminal Procedure, applies only to an
565	613		application for an interception order filed on or after the
566	614		effective date of this Act. An application for an interception
567	615		order filed before the effective date of this Act is governed by the
568	616		law in effect on the date the application was filed, and the former
569	617		law is continued in effect for that purpose.
570		-	SECTION 15. The Department of Public Safety shall adopt
571		-	rules required under Section 411.054(b), Government Code, as added
	618	+	SECTION 17. Not later than December 1, 2015, the office of
	619	+	the attorney general shall establish the transnational and
	620	+	organized crime division as required by Section 402.038, Government
	621	+	Code, as added by this Act.
	622	+	SECTION 18. The Department of Public Safety shall adopt
	623	+	rules required under Section 411.054(e), Government Code, as added
572	624		by this Act, not later than December 31, 2015.
573		-	SECTION 16. The changes in law made by this Act to Sections
	625	+	SECTION 19. The changes in law made by this Act to Sections
574	626		20.05 and 71.02, Penal Code, apply only to an offense committed on
575	627		or after the effective date of this Act. An offense committed
576	628		before the effective date of this Act is governed by the law in
577	629		effect on the date the offense was committed, and the former law is
578	630		continued in effect for that purpose. For purposes of this section,
579	631		an offense was committed before the effective date of this Act if
580	632		any element of the offense occurred before that date.
581		-	SECTION 17. To the extent of any conflict, this Act prevails
	633	+	SECTION 20. To the extent of any conflict, this Act prevails
582	634		over another Act of the 84th Legislature, Regular Session, 2015,
583	635		relating to nonsubstantive additions to and corrections in enacted
584	636		codes.
585		-	SECTION 18. This Act takes effect September 1, 2015.
586		-	* * * * *
	637	+	SECTION 21. This Act takes effect September 1, 2015.