Texas 2019 - 86th Regular

Texas Senate Bill SB2229 Compare Versions

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

Old	New	Differences
1	1	86R5246 JCG-D
2	2	By: Fallon S.B. No. 2229
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to criminal liability for engaging in certain conduct
8	8	involving a critical infrastructure facility; increasing criminal
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 12.51, Penal Code, is amended by adding
12	12	Subsection (f) to read as follows:
13	13	(f) Notwithstanding any other provision of this section, a
14	14	court shall sentence a corporation or association adjudged guilty
15	15	of any of the following offenses and subject to any of the following
16	16	punishments to pay a fine equal to the maximum possible amount of
17	17	the applicable fine multiplied by 10:
18	18	(1) Section 28.02(d-1) or (d-2);
19	19	(2) Section 28.03(l) or (m); and
20	20	(3) Section 30.05(d)(3)(A)(iii) or (4).
21	21	SECTION 2. Section 28.02, Penal Code, is amended by adding
22	22	Subsections (d-1) and (d-2) to read as follows:
23	23	(d-1) Notwithstanding Subsection (d) and except as provided
24	24	by Subsection (d-2), an offense under this section is a felony
25	25	punishable by a fine of $100,000 or imprisonment for not more than
26	26	10 years, or both the fine and imprisonment, if the offense is
27	27	committed on or in a critical infrastructure facility, as defined
28	28	by Section 30.05.
29	29	(d-2) If an offense under this section is punishable under
30	30	Subsection (d-1) and Subsection (d)(1) or (2), the offense may be
31	31	punished under either subsection. Notwithstanding Section
32	32	12.32(b), if an offense to which this subsection applies is
33	33	punished under Subsection (d)(1) or (2), the defendant may, in
34	34	addition to the imprisonment, be punished by a fine of $100,000.
35	35	SECTION 3. Section 28.03, Penal Code, is amended by adding
36	36	Subsections (l) and (m) to read as follows:
37	37	(l) Notwithstanding Subsection (b) and except as provided
38	38	by Subsection (m), an offense under this section is a felony
39	39	punishable by a fine of $100,000 or imprisonment for not more than
40	40	10 years, or both the fine and imprisonment, if the offense is
41	41	committed on or in a critical infrastructure facility, as defined
42	42	by Section 30.05.
43	43	(m) If an offense under this section is punishable under
44	44	Subsection (l) and Subsection (b)(7), the offense may be punished
45	45	under either subsection. Notwithstanding Section 12.32(b), if an
46	46	offense to which this subsection applies is punished under
47	47	Subsection (b)(7), the defendant may, in addition to the
48	48	imprisonment, be punished by a fine of $100,000.
49	49	SECTION 4. Section 30.05(b)(7), Penal Code, is amended to
50	50	read as follows:
51	51	(7) "Critical infrastructure facility" means:
52	52	(A) one of the following, if completely enclosed
53	53	by a fence or other physical barrier that is obviously designed to
54	54	exclude intruders, or if clearly marked with a sign or signs that
55	55	are posted on the property, are reasonably likely to come to the
56	56	attention of intruders, and indicate that entry is forbidden:
57	57	(i) [(A)] a chemical, polymer, or rubber
58	58	manufacturing facility;
59	59	(ii) [(B)] a refinery;
60	60	(iii) [(C)] an electrical power generating
61	61	facility, substation, switching station, electrical control
62	62	center, or electrical transmission or distribution facility,
63	63	including electric power lines;
64	64	(iv) [(D)] a water intake structure, water
65	65	treatment facility, wastewater treatment plant, or pump station;
66	66	(v) [(E)] a natural gas transmission
67	67	compressor station;
68	68	(vi) [(F)] a liquid natural gas terminal or
69	69	storage facility;
70	70	(vii) [(G)] a telecommunications central
71	71	switching office or any structure used as part of a system to
72	72	provide wired or wireless telecommunications services;
73	73	(viii) [(H)] a port, railroad switching
74	74	yard, railroad tracks, trucking terminal, or other freight
75	75	transportation facility;
76	76	(ix) [(I)] a gas processing plant,
77	77	including a plant used in the processing, treatment, or
78	78	fractionation of natural gas; [or]
79	79	(x) [(J)] a transmission facility used by a
80	80	federally licensed radio or television station;
81	81	(xi) a steelmaking facility that uses an
82	82	electric arc furnace to make steel;
83	83	(xii) a dam that is classified as a high
84	84	hazard by the Texas Commission on Environmental Quality or that is
85	85	regulated by the federal government;
86	86	(xiii) a facility identified and regulated
87	87	by the United States Department of Homeland Security under the
88	88	Chemical Facility Anti-Terrorism Standards program;
89	89	(xiv) a natural gas distribution utility
90	90	facility, including a pipeline interconnection, gate station,
91	91	metering station, storage facility, or regulator station; or
92	92	(xv) a facility for storing and
93	93	distributing crude oil or products refined from crude oil,
94	94	including a valve site, pipeline interconnection, pump station,
95	95	metering station, and piping and including a facility for loading
96	96	and unloading trucks that transport crude oil or products refined
97	97	from crude oil; or
98	98	(B) if enclosed by a fence or other physical
99	99	barrier or clearly marked with signs prohibiting trespassing, for
100	100	the evident purpose of excluding intruders:
101	101	(i) any aboveground portion of an oil, gas,
102	102	or hazardous chemical pipeline;
103	103	(ii) a tank or group of tanks used to store
104	104	oil, gas, or hazardous chemicals, such as a tank battery;
105	105	(iii) an oil, gas, or hazardous chemical
106	106	production facility; or
107	107	(iv) a facility for storing hazardous
108	108	chemicals.
109	109	SECTION 5. Section 30.05(d), Penal Code, is amended to read
110	110	as follows:
111	111	(d) An offense under this section is:
112	112	(1) a Class B misdemeanor, except as provided by
113	113	Subdivisions (2), [and] (3), and (4);
114	114	(2) a Class C misdemeanor, except as provided by
115	115	Subdivisions [Subdivision] (3) and (4), if the offense is
116	116	committed:
117	117	(A) on agricultural land and within 100 feet of
118	118	the boundary of the land; or
119	119	(B) on residential land and within 100 feet of a
120	120	protected freshwater area; [and]
121	121	(3) a Class A misdemeanor, except as provided by
122	122	Subdivision (4), if:
123	123	(A) the offense is committed:
124	124	(i) in a habitation or a shelter center;
125	125	(ii) on a Superfund site; or
126	126	(iii) on or in a critical infrastructure
127	127	facility;
128	128	(B) the offense is committed on or in property of
129	129	an institution of higher education and it is shown on the trial of
130	130	the offense that the person has previously been convicted of:
131	131	(i) an offense under this section relating
132	132	to entering or remaining on or in property of an institution of
133	133	higher education; or
134	134	(ii) an offense under Section 51.204(b)(1),
135	135	Education Code, relating to trespassing on the grounds of an
136	136	institution of higher education; or
137	137	(C) the person carries a deadly weapon during the
138	138	commission of the offense; or
139	139	(4) a state jail felony punishable by a fine of $10,000
140	140	or by confinement for a term of one year, or both the fine and
141	141	confinement, if:
142	142	(A) the offense is committed on or in a critical
143	143	infrastructure facility; and
144	144	(B) it is shown on the trial of the offense that
145	145	the defendant committed the offense with the intent to:
146	146	(i) damage, destroy, deface, or tamper with
147	147	equipment in the facility; or
148	148	(ii) impede or inhibit the operations of
149	149	the facility.
150	150	SECTION 6. The changes in law made by this Act apply only to
151	151	an offense committed on or after the effective date of this Act. An
152	152	offense committed before the effective date of this Act is governed
153	153	by the law in effect on the date the offense was committed, and the
154	154	former law is continued in effect for that purpose. For purposes of
155	155	this section, an offense was committed before the effective date of
156	156	this Act if any element of the offense occurred before that date.
157	157	SECTION 7. This Act takes effect September 1, 2019.