Texas 2019 - 86th Regular

Texas Senate Bill SB1993 Compare Versions

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

Old	New	Differences
1	1	By: Birdwell S.B. No. 1993
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to civil and criminal liability for engaging in certain
7	7	conduct involving a critical infrastructure facility; creating
8	8	criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Critical
11	11	Infrastructure Protection Act.
12	12	SECTION 2. Subtitle B, Title 4, Government Code, is amended
13	13	by adding Chapter 424 to read as follows:
14	14	CHAPTER 424. PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES
15	15	Sec. 424.001. DEFINITION. In this chapter "critical
16	16	infrastructure facility" has the meaning assigned by Section
17	17	423.0045(a)(1-a), Government Code, and also includes a critical
18	18	infrastructure facility that is being constructed and all of the
19	19	equipment and appurtenances used during that construction.
20	20	Sec. 424.002. OFFENSE: DAMAGE TO CRITICAL INFRASTRUCTURE
21	21	FACILITY. (a) A person commits an offense if, without the
22	22	effective consent of the owner:
23	23	(1) the person intentionally or knowingly damages,
24	24	destroys, vandalizes, defaces, or tampers with critical
25	25	infrastructure facility; or
26	26	(2) the person intentionally or knowingly impedes,
27	27	inhibits, or interferes with the operation of a critical
28	28	infrastructure facility.
29	29	(b) An offense under this section is a second degree felony.
30	30	(c) If conduct constituting an offense under this section
31	31	also constitutes an offense under another law, the actor may be
32	32	prosecuted under this section, the other law, or both.
33	33	(d) Notwithstanding any provision in Section 12.51, Penal
34	34	Code and in accordance with Chapter 7, Penal Code, a court shall
35	35	sentence a corporation or association adjudged guilty of an offense
36	36	in this section and subject to the punishment under subsection (b)
37	37	to pay a fine equal to the maximum possible amount of the applicable
38	38	fine multiplied by 100.
39	39	(e) If a defendant is convicted of an offense under Section
40	40	424.002 or 424.003 and the offense results in damage to or
41	41	destruction of property, a court may order the defendant to make
42	42	restitution to the owner of the destroyed or damaged property, or
43	43	the owner's designee, in an amount equal to the value of the
44	44	property on the date of the damage or destruction pursuant to
45	45	Article 42.037 of the Code of Criminal Procedure.
46	46	Sec. 424.003. OFFENSE: INTENT TO DAMAGE CRITICAL
47	47	INFRASTRUCTURE FACILITY. (a) A person commits an offense if,
48	48	without the effective consent of the owner, the person enters or
49	49	remains on or in a critical infrastructure facility with the
50	50	intent:
51	51	(1) to damage, destroy, vandalize, deface, or tamper
52	52	with the facility; or
53	53	(2) to impede, inhibit, or interfere with the
54	54	operation of the facility.
55	55	(b) An offense under this section is a state jail felony.
56	56	(c) If conduct constituting an offense under this section
57	57	also constitutes an offense under another law, the actor may be
58	58	prosecuted under this section, the other law, or both.
59	59	(d) Nothwithstanding any provision in Section 12.51, Penal
60	60	Code and in accordance with Chapter 7, Penal Code, a court shall
61	61	sentence a corporation or association adjudged guilty of an offense
62	62	in this section and subject to the punishment under subsection (b)
63	63	to pay a fine equal to the maximum possible amount of the applicable
64	64	fine multiplied by 100.
65	65	(e) If a defendant is convicted of an offense under Section
66	66	424.002 or 424.003 and the offense results in damage to or
67	67	destruction of property, a court may order the defendant to make
68	68	restitution to the owner of the destroyed or damaged property, or
69	69	the owner's designee, in an amount equal to the value of the
70	70	property on the date of the damage or destruction pursuant to
71	71	Article 42.037 of the Code of Criminal Procedure.
72	72	Sec. 424.004. CIVIL LIABILITY FOR DAMAGE TO CRITICAL
73	73	INFRASTRUCTURE FACILITY. (a) A defendant who engages in conduct
74	74	constituting an offense under Section 424.002 or 424.003 is liable
75	75	to the property owner, as provided by this section, for damages
76	76	arising from that conduct.
77	77	(b) It is not a defense to liability under this section that
78	78	a defendant has been acquitted or has not been prosecuted or
79	79	convicted under Section 424.002 or 424.003, or has been convicted
80	80	of a different offense or of a different type or class of offense,
81	81	for the conduct that is alleged to give rise to liability under this
82	82	section.
83	83	Sec. 424.005. CERTAIN VICARIOUS LIABILITY. Regardless of
84	84	the relationship between the organization and the person, an
85	85	organization that compensates a person for engaging in conduct
86	86	occurring on the premises of a critical infrastructure facility is
87	87	vicariously liable to the property owner, as provided by this
88	88	chapter, for damages arising from the conduct if the conduct
89	89	constituted an offense under Section 424.002 or 424.003.
90	90	Sec. 424.006. DAMAGES. (a) A claimant who prevails in a
91	91	suit under Section 424.004 or 424.005 shall be awarded:
92	92	(1) actual damages;
93	93	(2) court costs; and
94	94	(3) reasonable attorney's fees.
95	95	(b) In addition to an award under Subsection (a) and
96	96	notwithstanding Section 41.008(c), Civil Practices and Remedies
97	97	Code, a claimant who prevails in a suit under Section 424.004 or
98	98	424.005 may recover exemplary damages.
99	99	Sec. 424.007. CAUSE OF ACTION CUMULATIVE. The cause of
100	100	action created by Section 424.004 or 424.005 is cumulative of any
101	101	other remedy provided by common law or statute.
102	102	Sec. 424.009. NONAPPLICABILITY. Chapter 27, Civil
103	103	Practices and Remedies Code, does not apply to a cause of action
104	104	under this chapter.
105	105	SECTION 3. The change in law made by this Act applies only
106	106	to a cause of action that accrues on or after the effective date of
107	107	this Act. A cause of action that accrues before the effective date
108	108	of this Act is governed by the law in effect immediately before that
109	109	date, and that law is continued in effect for that purpose.
110	110	SECTION 4. The change in law made by this Act applies only
111	111	to an offense committed on or after the effective date of this Act.
112	112	An offense committed before the effective date of this Act is
113	113	governed by the law in effect on the date the offense was committed,
114	114	and the former law is continued in effect for that purpose. For the
115	115	purposes of this section, an offense was committed before the
116	116	effective date of this Act if any element of the offense occurred
117	117	before that date.
118	118	SECTION 5. This Act takes effect immediately if it receives
119	119	a vote of two-thirds of all the members elected to each house, as
120	120	provided by Section 39, Article III, Texas Constitution. If this
121	121	Act does not receive the vote necessary for immediate effect, this
122	122	Act takes effect September 1, 2019.