By: Birdwell S.B. No. 1993
A BILL TO BE ENTITLED
AN ACT
relating to civil and criminal liability for engaging in certain
conduct involving a critical infrastructure facility; creating
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Critical
Infrastructure Protection Act.
SECTION 2. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 424 to read as follows:
CHAPTER 424. PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES
Sec. 424.001. DEFINITION. In this chapter "critical
infrastructure facility" has the meaning assigned by Section
423.0045(a)(1-a), Government Code, and also includes a critical
infrastructure facility that is being constructed and all of the
equipment and appurtenances used during that construction.
Sec. 424.002. OFFENSE: DAMAGE TO CRITICAL INFRASTRUCTURE
FACILITY. (a) A person commits an offense if, without the
effective consent of the owner:
(1) the person intentionally or knowingly damages,
destroys, vandalizes, defaces, or tampers with critical
infrastructure facility; or
(2) the person intentionally or knowingly impedes,
inhibits, or interferes with the operation of a critical
infrastructure facility.
(b) An offense under this section is a second degree felony.
(c) If conduct constituting an offense under this section
also constitutes an offense under another law, the actor may be
prosecuted under this section, the other law, or both.
(d) Notwithstanding any provision in Section 12.51, Penal
Code and in accordance with Chapter 7, Penal Code, a court shall
sentence a corporation or association adjudged guilty of an offense
in this section and subject to the punishment under subsection (b)
to pay a fine equal to the maximum possible amount of the applicable
fine multiplied by 100.
(e) If a defendant is convicted of an offense under Section
424.002 or 424.003 and the offense results in damage to or
destruction of property, a court may order the defendant to make
restitution to the owner of the destroyed or damaged property, or
the owner's designee, in an amount equal to the value of the
property on the date of the damage or destruction pursuant to
Article 42.037 of the Code of Criminal Procedure.
Sec. 424.003. OFFENSE: INTENT TO DAMAGE CRITICAL
INFRASTRUCTURE FACILITY. (a) A person commits an offense if,
without the effective consent of the owner, the person enters or
remains on or in a critical infrastructure facility with the
intent:
(1) to damage, destroy, vandalize, deface, or tamper
with the facility; or
(2) to impede, inhibit, or interfere with the
operation of the facility.
(b) An offense under this section is a state jail felony.
(c) If conduct constituting an offense under this section
also constitutes an offense under another law, the actor may be
prosecuted under this section, the other law, or both.
(d) Nothwithstanding any provision in Section 12.51, Penal
Code and in accordance with Chapter 7, Penal Code, a court shall
sentence a corporation or association adjudged guilty of an offense
in this section and subject to the punishment under subsection (b)
to pay a fine equal to the maximum possible amount of the applicable
fine multiplied by 100.
(e) If a defendant is convicted of an offense under Section
424.002 or 424.003 and the offense results in damage to or
destruction of property, a court may order the defendant to make
restitution to the owner of the destroyed or damaged property, or
the owner's designee, in an amount equal to the value of the
property on the date of the damage or destruction pursuant to
Article 42.037 of the Code of Criminal Procedure.
Sec. 424.004. CIVIL LIABILITY FOR DAMAGE TO CRITICAL
INFRASTRUCTURE FACILITY. (a) A defendant who engages in conduct
constituting an offense under Section 424.002 or 424.003 is liable
to the property owner, as provided by this section, for damages
arising from that conduct.
(b) It is not a defense to liability under this section that
a defendant has been acquitted or has not been prosecuted or
convicted under Section 424.002 or 424.003, or has been convicted
of a different offense or of a different type or class of offense,
for the conduct that is alleged to give rise to liability under this
section.
Sec. 424.005. CERTAIN VICARIOUS LIABILITY. Regardless of
the relationship between the organization and the person, an
organization that compensates a person for engaging in conduct
occurring on the premises of a critical infrastructure facility is
vicariously liable to the property owner, as provided by this
chapter, for damages arising from the conduct if the conduct
constituted an offense under Section 424.002 or 424.003.
Sec. 424.006. DAMAGES. (a) A claimant who prevails in a
suit under Section 424.004 or 424.005 shall be awarded:
(1) actual damages;
(2) court costs; and
(3) reasonable attorney's fees.
(b) In addition to an award under Subsection (a) and
notwithstanding Section 41.008(c), Civil Practices and Remedies
Code, a claimant who prevails in a suit under Section 424.004 or
424.005 may recover exemplary damages.
Sec. 424.007. CAUSE OF ACTION CUMULATIVE. The cause of
action created by Section 424.004 or 424.005 is cumulative of any
other remedy provided by common law or statute.
Sec. 424.009. NONAPPLICABILITY. Chapter 27, Civil
Practices and Remedies Code, does not apply to a cause of action
under this chapter.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For the
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.