Texas 2023 - 88th Regular

Texas House Bill HB3499 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12264 MZM-F
2	2	By: Guillen H.B. No. 3499
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to foreign terrorist organizations, including the
8	8	acquisition of title to real property by, the compilation of
9	9	information regarding, certain civil actions brought against, and
10	10	the prosecution of certain organized crime offenses involving a
11	11	foreign terrorist organization.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Subchapter D, Chapter 125, Civil
14	14	Practice and Remedies Code, is amended to read as follows:
15	15	SUBCHAPTER D. MEMBERSHIP IN CRIMINAL STREET GANG OR FOREIGN
16	16	TERRORIST ORGANIZATION
17	17	SECTION 2. Sections 125.061(1) and (3), Civil Practice and
18	18	Remedies Code, are amended to read as follows:
19	19	(1) "Combination," [and] "criminal street gang," and
20	20	"foreign terrorist organization" have the meanings assigned by
21	21	Section 71.01, Penal Code.
22	22	(3) "Gang activity" means the following types of
23	23	conduct:
24	24	(A) organized criminal activity as described by
25	25	Section 71.02, Penal Code;
26	26	(B) terroristic threat as described by Section
27	27	22.07, Penal Code;
28	28	(C) coercing, inducing, or soliciting [, or
29	29	inducing gang] membership in a criminal street gang or foreign
30	30	terrorist organization as described by Section 71.022(a) or (a-1),
31	31	Penal Code;
32	32	(D) criminal trespass as described by Section
33	33	30.05, Penal Code;
34	34	(E) disorderly conduct as described by Section
35	35	42.01, Penal Code;
36	36	(F) criminal mischief as described by Section
37	37	28.03, Penal Code, that causes a pecuniary loss of $500 or more;
38	38	(G) a graffiti offense in violation of Section
39	39	28.08, Penal Code;
40	40	(H) a weapons offense in violation of Chapter 46,
41	41	Penal Code; or
42	42	(I) unlawful possession of a substance or other
43	43	item in violation of Chapter 481, Health and Safety Code.
44	44	SECTION 3. Section 125.062, Civil Practice and Remedies
45	45	Code, is amended to read as follows:
46	46	Sec. 125.062. PUBLIC NUISANCE; COMBINATION. A
47	47	combination, [or] criminal street gang, or foreign terrorist
48	48	organization that continuously or regularly associates in gang
49	49	activities is a public nuisance.
50	50	SECTION 4. Section 125.063, Civil Practice and Remedies
51	51	Code, is amended to read as follows:
52	52	Sec. 125.063. PUBLIC NUISANCE; USE OF PLACE. The habitual
53	53	use of a place by a combination, [or] criminal street gang, or
54	54	foreign terrorist organization for engaging in gang activity is a
55	55	public nuisance.
56	56	SECTION 5. Section 125.064(b), Civil Practice and Remedies
57	57	Code, is amended to read as follows:
58	58	(b) Any person who habitually associates with others to
59	59	engage in gang activity as a member of a combination, [or] criminal
60	60	street gang, or foreign terrorist organization may be made a
61	61	defendant in the suit. Any person who owns or is responsible for
62	62	maintaining a place that is habitually used for engaging in gang
63	63	activity may be made a defendant in the suit.
64	64	SECTION 6. Section 125.065(a), Civil Practice and Remedies
65	65	Code, is amended to read as follows:
66	66	(a) If the court finds that a combination, [or] criminal
67	67	street gang, or foreign terrorist organization constitutes a public
68	68	nuisance, the court may enter an order:
69	69	(1) enjoining a defendant in the suit from engaging in
70	70	the gang activities of the combination, [or] criminal street gang,
71	71	or foreign terrorist organization; and
72	72	(2) imposing other reasonable requirements to prevent
73	73	the combination, [or] criminal street gang, or foreign terrorist
74	74	organization from engaging in future gang activities.
75	75	SECTION 7. Section 125.069, Civil Practice and Remedies
76	76	Code, is amended to read as follows:
77	77	Sec. 125.069. USE OF PLACE; EVIDENCE. In an action brought
78	78	under this subchapter, proof that gang activity by a member of a
79	79	combination, [or] a criminal street gang, or a foreign terrorist
80	80	organization is frequently committed at a place or proof that a
81	81	place is frequently used for engaging in gang activity by a member
82	82	of a combination, [or] a criminal street gang, or a foreign
83	83	terrorist organization is prima facie evidence that the proprietor
84	84	knowingly permitted the act, unless the act constitutes conspiring
85	85	to commit gang activity.
86	86	SECTION 8. Sections 125.070(b), (c), and (e), Civil
87	87	Practice and Remedies Code, are amended to read as follows:
88	88	(b) A criminal street gang or foreign terrorist
89	89	organization or a member of a criminal street gang or foreign
90	90	terrorist organization is liable to the state or a governmental
91	91	entity injured by the violation of a temporary or permanent
92	92	injunctive order under this subchapter.
93	93	(c) In an action brought against a member of a criminal
94	94	street gang or a member of a foreign terrorist organization, the
95	95	plaintiff must show that the member violated the temporary or
96	96	permanent injunctive order.
97	97	(e) The property of the criminal street gang or foreign
98	98	terrorist organization or a member of the criminal street gang or
99	99	foreign terrorist organization may be seized in execution on a
100	100	judgment under this section. Property may not be seized under this
101	101	subsection if the owner or interest holder of the property proves by
102	102	a preponderance of the evidence that the owner or interest holder
103	103	was not a member of the criminal street gang or foreign terrorist
104	104	organization and did not violate the temporary or permanent
105	105	injunctive order. The owner or interest holder of property that is
106	106	in the possession of a criminal street gang or foreign terrorist
107	107	organization or a member of the criminal street gang or foreign
108	108	terrorist organization and that is subject to execution under this
109	109	subsection must show that the property:
110	110	(1) was stolen from the owner or interest holder; or
111	111	(2) was used or intended to be used without the
112	112	effective consent of the owner or interest holder by the criminal
113	113	street gang or foreign terrorist organization or a member of the
114	114	criminal street gang or foreign terrorist organization.
115	115	SECTION 9. Article 67.001, Code of Criminal Procedure, is
116	116	amended by adding Subdivision (8-a) and amending Subdivision (9) to
117	117	read as follows:
118	118	(8-a) "Foreign terrorist organization" has the meaning
119	119	assigned by Section 71.01, Penal Code.
120	120	(9) "Intelligence database" means a collection or
121	121	compilation of data organized for search and retrieval to evaluate,
122	122	analyze, disseminate, or use intelligence information relating to a
123	123	combination, [or] criminal street gang, or foreign terrorist
124	124	organization for the purpose of investigating or prosecuting a
125	125	criminal offense.
126	126	SECTION 10. Articles 67.051(a) and (b), Code of Criminal
127	127	Procedure, are amended to read as follows:
128	128	(a) Subject to Subsection (b), a criminal justice agency or
129	129	juvenile justice agency shall compile criminal information into an
130	130	intelligence database for the purpose of investigating or
131	131	prosecuting the criminal activities of combinations, [or] criminal
132	132	street gangs, or foreign terrorist organizations.
133	133	(b) A law enforcement agency in a municipality with a
134	134	population of 50,000 or more or in a county with a population of
135	135	100,000 or more shall compile and maintain in a local or regional
136	136	intelligence database criminal information relating to a criminal
137	137	street gang or a foreign terrorist organization as provided by
138	138	Subsection (a). The agency must compile and maintain the
139	139	information in accordance with the criminal intelligence systems
140	140	operating policies established under 28 C.F.R. Section 23.1 et seq.
141	141	and the submission criteria established under Article 67.054(b).
142	142	SECTION 11. Article 67.054(b), Code of Criminal Procedure,
143	143	is amended to read as follows:
144	144	(b) Criminal information collected under this chapter
145	145	relating to a criminal street gang or foreign terrorist
146	146	organization must:
147	147	(1) be relevant to the identification of an
148	148	organization that is reasonably suspected of involvement in
149	149	criminal activity; and
150	150	(2) consist of:
151	151	(A) a judgment under any law that includes, as a
152	152	finding or as an element of a criminal offense, participation in a
153	153	criminal street gang or foreign terrorist organization;
154	154	(B) a self-admission by an individual of
155	155	membership in a criminal street gang or foreign terrorist
156	156	organization [membership] that is made during a judicial
157	157	proceeding; or
158	158	(C) except as provided by Subsection (c), any two
159	159	of the following:
160	160	(i) a self-admission by the individual of
161	161	membership in a criminal street gang or foreign terrorist
162	162	organization [membership] that is not made during a judicial
163	163	proceeding, including the use of the Internet or other electronic
164	164	format or medium to post photographs or other documentation
165	165	identifying the individual as a member of a criminal street gang or
166	166	foreign terrorist organization;
167	167	(ii) an identification of the individual as
168	168	a member of a criminal street gang or foreign terrorist
169	169	organization [member] by a reliable informant or other individual;
170	170	(iii) a corroborated identification of the
171	171	individual as a member of a criminal street gang or foreign
172	172	terrorist organization [member] by an informant or other individual
173	173	of unknown reliability;
174	174	(iv) evidence that the individual frequents
175	175	a documented area of a criminal street gang or foreign terrorist
176	176	organization and associates with known members of a criminal street
177	177	gang or foreign terrorist organization [members];
178	178	(v) evidence that the individual uses, in
179	179	more than an incidental manner, criminal street gang or foreign
180	180	terrorist organization dress, hand signals, tattoos, or symbols,
181	181	including expressions of letters, numbers, words, or marks,
182	182	regardless of how or the means by which the symbols are displayed,
183	183	that are associated with a criminal street gang or foreign
184	184	terrorist organization that operates in an area frequented by the
185	185	individual and described by Subparagraph (iv);
186	186	(vi) evidence that the individual has been
187	187	arrested or taken into custody with known members of a criminal
188	188	street gang or foreign terrorist organization [members] for an
189	189	offense or conduct consistent with [criminal street] gang activity
190	190	as defined by Section 125.061, Civil Practice and Remedies Code;
191	191	(vii) evidence that the individual has
192	192	visited a known member of a criminal street gang or foreign
193	193	terrorist organization [member], other than a family member of the
194	194	individual, while the [gang] member is confined in or committed to a
195	195	penal institution; or
196	196	(viii) evidence of the individual's use of
197	197	technology, including the Internet, to recruit new members of a
198	198	criminal street gang or foreign terrorist organization [members].
199	199	SECTION 12. Articles 67.102(a) and (d), Code of Criminal
200	200	Procedure, are amended to read as follows:
201	201	(a) Notwithstanding Chapter 58, Family Code, criminal
202	202	information relating to a child associated with a combination, [or]
203	203	criminal street gang, or foreign terrorist organization may be
204	204	compiled and released under this chapter regardless of the age of
205	205	the child.
206	206	(d) The governing body of a county or municipality served by
207	207	a law enforcement agency described by Article 67.051(b) may adopt a
208	208	policy to notify the parent or guardian of a child of the agency's
209	209	observations relating to the child's association with a criminal
210	210	street gang or foreign terrorist organization.
211	211	SECTION 13. Article 67.251, Code of Criminal Procedure, is
212	212	amended to read as follows:
213	213	Art. 67.251. ESTABLISHMENT OF GANG RESOURCE SYSTEM. The
214	214	office of the attorney general shall establish an electronic gang
215	215	resource system to provide criminal justice agencies and juvenile
216	216	justice agencies with information about criminal street gangs and
217	217	foreign terrorist organizations in this state.
218	218	SECTION 14. Articles 67.252(a) and (b), Code of Criminal
219	219	Procedure, are amended to read as follows:
220	220	(a) The gang resource system established under Article
221	221	67.251 may include the following information with regard to any
222	222	gang or foreign terrorist organization:
223	223	(1) gang or organization name;
224	224	(2) gang or organization identifiers, such as colors
225	225	used, tattoos, and clothing preferences;
226	226	(3) criminal activities;
227	227	(4) migration trends;
228	228	(5) recruitment activities; and
229	229	(6) a local law enforcement contact.
230	230	(b) Information in the gang resource system shall be
231	231	accessible according to:
232	232	(1) municipality or county; and
233	233	(2) gang or organization name.
234	234	SECTION 15. Article 67.254(a), Code of Criminal Procedure,
235	235	is amended to read as follows:
236	236	(a) On request by the office of the attorney general, a
237	237	criminal justice agency or juvenile justice agency shall make a
238	238	reasonable attempt to provide gang and foreign terrorist
239	239	organization information to the office of the attorney general for
240	240	the purpose of maintaining an updated, comprehensive gang resource
241	241	system.
242	242	SECTION 16. Article 67.255, Code of Criminal Procedure, is
243	243	amended to read as follows:
244	244	Art. 67.255. USE OF INFORMATION. Information in the gang
245	245	resource system may be used in investigating [gang-related] crimes
246	246	relating to a criminal street gang or foreign terrorist
247	247	organization. Information from the system may be included in an
248	248	affidavit or subpoena or used in connection with any other legal or
249	249	judicial proceeding only if the information is corroborated by
250	250	information not provided by or maintained in the system.
251	251	SECTION 17. Section 71.01, Penal Code, is amended by adding
252	252	Subsection (e) to read as follows:
253	253	(e) "Foreign terrorist organization" means three or more
254	254	persons operating as an organization at least partially outside the
255	255	United States who engage in criminal activity and threaten the
256	256	security of this state or its residents, including but not limited
257	257	to a drug cartel.
258	258	SECTION 18. Section 71.02(a), Penal Code, is amended to
259	259	read as follows:
260	260	(a) A person commits an offense if, with the intent to
261	261	establish, maintain, or participate in a combination or in the
262	262	profits of a combination or as a member of a criminal street gang or
263	263	foreign terrorist organization, the person commits or conspires to
264	264	commit one or more of the following:
265	265	(1) murder, capital murder, arson, aggravated
266	266	robbery, robbery, burglary, theft, aggravated kidnapping,
267	267	kidnapping, aggravated assault, aggravated sexual assault, sexual
268	268	assault, continuous sexual abuse of young child or disabled
269	269	individual, solicitation of a minor, forgery, deadly conduct,
270	270	assault punishable as a Class A misdemeanor, burglary of a motor
271	271	vehicle, or unauthorized use of a motor vehicle;
272	272	(2) any gambling offense punishable as a Class A
273	273	misdemeanor;
274	274	(3) promotion of prostitution, aggravated promotion
275	275	of prostitution, or compelling prostitution;
276	276	(4) unlawful manufacture, transportation, repair, or
277	277	sale of firearms or prohibited weapons;
278	278	(5) unlawful manufacture, delivery, dispensation, or
279	279	distribution of a controlled substance or dangerous drug, or
280	280	unlawful possession of a controlled substance or dangerous drug:
281	281	(A) through forgery, fraud, misrepresentation,
282	282	or deception; or
283	283	(B) with the intent to deliver the controlled
284	284	substance or dangerous drug;
285	285	(5-a) causing the unlawful delivery, dispensation, or
286	286	distribution of a controlled substance or dangerous drug in
287	287	violation of Subtitle B, Title 3, Occupations Code;
288	288	(6) any unlawful wholesale promotion or possession of
289	289	any obscene material or obscene device with the intent to wholesale
290	290	promote the same;
291	291	(7) any offense under Subchapter B, Chapter 43,
292	292	depicting or involving conduct by or directed toward a child
293	293	younger than 18 years of age;
294	294	(8) any felony offense under Chapter 32;
295	295	(9) any offense under Chapter 36;
296	296	(10) any offense under Chapter 34, 35, or 35A;
297	297	(11) any offense under Section 37.11(a);
298	298	(12) any offense under Chapter 20A;
299	299	(13) any offense under Section 37.10;
300	300	(14) any offense under Section 38.06, 38.07, 38.09, or
301	301	38.11;
302	302	(15) any offense under Section 42.10;
303	303	(16) any offense under Section 46.06(a)(1) or 46.14;
304	304	(17) any offense under Section 20.05, [or] 20.06, or
305	305	20.07;
306	306	(18) any offense under Section 16.02; or
307	307	(19) any offense classified as a felony under the Tax
308	308	Code.
309	309	SECTION 19. The heading to Section 71.022, Penal Code, is
310	310	amended to read as follows:
311	311	Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP
312	312	IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION.
313	313	SECTION 20. Sections 71.022(a) and (a-1), Penal Code, are
314	314	amended to read as follows:
315	315	(a) A person commits an offense if the person knowingly
316	316	causes, enables, encourages, recruits, or solicits another person
317	317	to become a member of a criminal street gang or foreign terrorist
318	318	organization which, as a condition of initiation, admission,
319	319	membership, or continued membership, requires the commission of any
320	320	conduct which constitutes an offense punishable as a Class A
321	321	misdemeanor or a felony.
322	322	(a-1) A person commits an offense if, with intent to coerce,
323	323	induce, or solicit a child to actively participate in the
324	324	activities of a criminal street gang or foreign terrorist
325	325	organization, the person:
326	326	(1) threatens the child or a member of the child's
327	327	family with imminent bodily injury; or
328	328	(2) causes bodily injury to the child or a member of
329	329	the child's family.
330	330	SECTION 21. Section 71.023, Penal Code, is amended to read
331	331	as follows:
332	332	Sec. 71.023. DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS
333	333	OR FOREIGN TERRORIST ORGANIZATIONS. (a) A person commits an
334	334	offense if the person, as part of the identifiable leadership of a
335	335	criminal street gang or foreign terrorist organization, knowingly
336	336	finances, directs, or supervises the commission of, or a conspiracy
337	337	to commit, one or more of the following offenses by members of a
338	338	criminal street gang or foreign terrorist organization:
339	339	(1) a felony offense that is listed in Article
340	340	42A.054(a), Code of Criminal Procedure;
341	341	(2) a felony offense for which it is shown that a
342	342	deadly weapon, as defined by Section 1.07, was used or exhibited
343	343	during the commission of the offense or during immediate flight
344	344	from the commission of the offense; or
345	345	(3) an offense that is punishable under Section
346	346	481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f),
347	347	481.115(f), or 481.120(b)(6), Health and Safety Code.
348	348	(b) An offense under this section is a felony of the first
349	349	degree punishable by imprisonment in the Texas Department of
350	350	Criminal Justice for life or for any term of not more than 99 years
351	351	or less than 25 years.
352	352	SECTION 22. Section 5.005, Property Code, is amended to
353	353	read as follows:
354	354	Sec. 5.005. ALIENS. Except as provided by Section 5.0051,
355	355	an [An] alien has the same real and personal property rights as a
356	356	United States citizen.
357	357	SECTION 23. Subchapter A, Chapter 5, Property Code, is
358	358	amended by adding Section 5.0051 to read as follows:
359	359	Sec. 5.0051. ACQUISITION OF TITLE TO REAL PROPERTY BY
360	360	FOREIGN TERRORIST ORGANIZATION. Notwithstanding any other law, a
361	361	foreign terrorist organization, as defined by Section 71.01, Penal
362	362	Code, and identified by the Department of Public Safety
363	363	intelligence database described by Article 67.052, Code of Criminal
364	364	Procedure, may not purchase or otherwise acquire title to real
365	365	property in this state.
366	366	SECTION 24. Chapter 125, Civil Practice and Remedies Code,
367	367	as amended by this Act, applies only to an action commenced on or
368	368	after the effective date of this Act. An action commenced before the
369	369	effective date of this Act is governed by the law as it existed
370	370	immediately before the effective date of this Act, and that law is
371	371	continued in effect for that purpose.
372	372	SECTION 25. Chapter 71, Penal Code, as amended by this Act,
373	373	applies only to an offense committed on or after the effective date
374	374	of this Act. An offense committed before the effective date of this
375	375	Act is governed by the law in effect on the date the offense was
376	376	committed, and the former law is continued in effect for that
377	377	purpose. For purposes of this section, an offense was committed
378	378	before the effective date of this Act if any element of the offense
379	379	occurred before that date.
380	380	SECTION 26. Section 5.0051, Property Code, as added by this
381	381	Act, applies only to the purchase of or acquisition of title to real
382	382	property on or after the effective date of this Act.
383	383	SECTION 27. This Act takes effect September 1, 2023.