By: Guillen, et al. (Senate Sponsor - Birdwell) H.B. No. 7
(In the Senate - Received from the House May 11, 2023;
May 11, 2023, read first time and referred to Committee on Border
Security; May 19, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 3, Nays 2;
May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE YeaNayAbsent PNVBirdwell X Flores X Blanco X Hinojosa X King X COMMITTEE SUBSTITUTE FOR H.B. No. 7 By: Birdwell
A BILL TO BE ENTITLED
AN ACT
relating to measures to address public safety threats in this state
presented by transnational criminal activity, including by
establishing a Texas Border Force, and to compensate persons
affected by those threats; increasing criminal penalties; creating
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS BORDER FORCE; DEPARTMENT OF PUBLIC SAFETY BORDER
SECURITY FUNCTIONS
SECTION 1.01. Section 411.0043, Government Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The commission shall implement a policy requiring the
department to use appropriate technological solutions to improve
the department's ability to perform its functions. The policy must
ensure that:
(1) the public is able to interact with the department
on the Internet; and
(2) the department's capability to conduct border
security operations and similar functions is not impeded by the use
of obsolete or outdated technologies.
(c) The department shall periodically review emerging
technologies that may be deployed for border security operations,
including technologies and equipment described by Section
411.0285, to ensure the department consistently adopts innovative
technologies and solutions for those operations.
SECTION 1.02. Chapter 411, Government Code, is amended by
adding Subchapter B-2 to read as follows:
SUBCHAPTER B-2. TEXAS BORDER FORCE
Sec. 411.0281. DEFINITION. In this subchapter, "border
force" means the Texas Border Force established under this
subchapter.
Sec. 411.0282. TEXAS BORDER FORCE; CHIEF. (a) The Texas
Border Force is established in the Texas Rangers division of the
department.
(b) The chief of the Texas Rangers is the chief of the border
force.
Sec. 411.0283. BORDER OPERATIONS. The border force may
conduct border security operations along the Texas-Mexico border,
including:
(1) law enforcement operations;
(2) intelligence gathering, analysis, and
dissemination;
(3) coordination and command of state agencies
conducting border security operations;
(4) surveillance and detection of criminal activity,
including improper entry of individuals from foreign nations and
the smuggling of individuals and controlled substances, using
cameras, unmanned aircraft, and other technologies;
(5) interdiction of individuals committing criminal
activity described by Subdivision (4);
(6) coordination of local, state, and federal agencies
conducting border security operations, including tactical
operations such as special response teams, brush teams, and special
weapons and tactics teams; and
(7) training and education programs for the
professional development of employees and agency partners carrying
out border security operations.
Sec. 411.0284. ASSIGNMENT OF TEXAS MILITARY FORCES SERVICE
MEMBERS. (a) In this section, "Texas military forces" has the
meaning assigned by Section 437.001.
(b) The department, at the request of the chief of the
border force, may enter into a written agreement with the Texas
Military Department for the assignment of service members of the
Texas military forces to the border force. The agreement may
provide for reimbursement by the department for hiring, training,
salary, and employee benefit costs incurred by the Texas military
forces in connection with service members assigned to the border
force.
Sec. 411.0285. PURCHASE AND DEPLOYMENT OF CERTAIN
TECHNOLOGY AND EQUIPMENT. (a) The department, at the request of
the chief of the border force, shall purchase and deploy technology
and equipment to enhance the border force's ability to detect and
suppress criminal activity along the Texas-Mexico border,
including:
(1) stacked razor wire barriers;
(2) buoy barriers; and
(3) surveillance and detection technology to be
deployed at and near each port of entry along the Texas-Mexico
border to detect and deter the improper entry of individuals from
foreign nations and the smuggling of individuals and controlled
substances, such as fentanyl, cocaine, heroin, and
methamphetamine.
(b) The surveillance and detection technology described by
Subsection (a)(3) may be used to inspect passenger and commercial
vehicles passing through a port of entry or traveling in any
direction within 30 miles of a port of entry.
(c) The department shall employ a sufficient number of
commercial vehicle inspectors to inspect vehicles using technology
described by Subsection (a)(3).
Sec. 411.0286. HIRING OFFICERS WITH PREVIOUS BORDER PATROL
EXPERIENCE. Notwithstanding any other provision of law, the
department may, at the time an officer is hired for the border
force, elect to credit up to four years of experience as a Border
Patrol Agent of the United States Customs and Border Protection for
the purpose of calculating the officer's salary under Schedule C.
All officers are subject to a one-year probationary period under
Section 411.007(g) notwithstanding the officer's rank or salary
classification.
Sec. 411.0287. INCREASED STAFFING; CERTAIN TRAINING. (a)
The border force may as necessary to conduct border security
operations and ensure the safety of the public along the
Texas-Mexico border:
(1) recruit, employ, and train officers and other
staff; and
(2) contract for additional officers and staff to meet
an increased need for border security operations.
(b) The border force shall expand programs for training
officers to serve as members of a brush team.
Sec. 411.0288. REPORTS. At least once each calendar
quarter and at other times determined necessary by the governor or
the chief of the border force, the chief of the border force shall
submit a report to the governor containing information requested by
the governor concerning the border force's operations.
Sec. 411.0289. NO LIMITATION ON BORDER FORCE AUTHORITY BY
LOCAL GOVERNMENTS. A political subdivision, including a
municipality, county, or special purpose district, may not by any
means limit the jurisdiction or authority of the border force.
SECTION 1.03. Chapter 820, Government Code, is amended by
adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. CERTAIN MILITARY SERVICE CREDIT
Sec. 820.021. CERTAIN MILITARY SERVICE CREDIT WITHOUT
PURCHASE. (a) A cash balance group member hired by the Department
of Public Safety for the Texas Border Force under Subchapter B-2,
Chapter 411, who served active federal duty in the armed forces of
the United States and obtains a peace officer license issued under
Chapter 1701, Occupations Code, while employed with the border
force may establish military service credit not to exceed six
months in the retirement system for the purposes described by
Subsection (c) by submitting a request to the system in a form and
manner prescribed by the system.
(b) The retirement system shall grant the military service
credit of a member who submits a request as provided by Subsection
(a) after the system verifies that the member is a cash balance
group member and served the military service required by that
subsection.
(c) Military service credit established under this section
may be used only to determine whether the cash balance group member
is eligible to retire and receive a cash balance annuity under this
chapter. The service credit does not affect eligibility for any
other purpose, including for purposes of determining eligibility to
participate in the group benefits program established under Chapter
1551, Insurance Code.
SECTION 1.04. Subchapter C, Chapter 2155, Government Code,
is amended by adding Section 2155.151 to read as follows:
Sec. 2155.151. CERTAIN PURCHASES BY DEPARTMENT OF PUBLIC
SAFETY. (a) The Department of Public Safety is delegated all
purchasing functions relating to the purchase of technologies and
equipment for use in border security operations, including
technology and equipment described by Section 411.0285, to ensure
the department consistently adopts innovative technologies and
solutions for those operations.
(b) The Department of Public Safety shall acquire goods and
services under Subsection (a) by any procurement method that
provides the best value to the department. The Department of Public
Safety shall consider the best value standards listed in Section
2155.074.
(c) At the request of the Department of Public Safety, the
comptroller or the Department of Information Resources, as
appropriate, shall procure goods and services described by
Subsection (a) for the Department of Public Safety. The Department
of Public Safety may use the services of the comptroller or the
Department of Information Resources in procuring goods and services
described by Subsection (a).
SECTION 1.05. (a) In reviewing emerging technologies under
Section 411.0043(c), Government Code, as added by this article, the
Department of Public Safety shall hold a technology fair at which
vendors of emerging technology that may be used for conducting
border security operations demonstrate the capabilities of the
products.
(b) The event required by Subsection (a) of this section
must be held not later than September 1, 2024.
ARTICLE 2. IMPROPER ENTRY
SECTION 2.01. Chapter 38, Penal Code, is amended by adding
Section 38.20 to read as follows:
Sec. 38.20. IMPROPER ENTRY FROM FOREIGN NATION. (a) In
this section, "alien" has the meaning assigned by 8 U.S.C. Section
1101, as that provision existed on January 1, 2023.
(b) A person who is an alien commits an offense if the
person:
(1) enters or attempts to enter this state from a
foreign nation at any location other than a lawful point of entry;
(2) eludes examination or inspection by United States
immigration officers; or
(3) attempts to enter or obtains entry to this state
from a foreign nation by an intentionally false or misleading
representation or the intentional concealment of a material fact.
(c) An offense under this section is a Class A misdemeanor,
except that if it is shown on the trial of the offense that the
person has previously been finally convicted of:
(1) an offense under this section, the offense is a
state jail felony;
(2) a state jail felony described by Subdivision (1)
or any other felony not listed in Article 42A.054(a), Code of
Criminal Procedure, the offense is a felony of the second degree; or
(3) a felony listed in Article 42A.054(a), Code of
Criminal Procedure, the offense is a felony of the first degree.
(d) It is an affirmative defense to prosecution under this
section that:
(1) the actor has been granted a federal immigration
benefit entitling the actor to:
(A) lawful presence in the United States; or
(B) asylum under 8 U.S.C. Section 1158;
(2) the actor's conduct does not constitute a
violation of 8 U.S.C. Section 1325(a); or
(3) the actor was approved for benefits under the
federal Deferred Action for Childhood Arrivals program between June
15, 2012, and July 16, 2021.
(e) For purposes of Subsection (d)(1), the following
federal programs do not confer federal immigration benefits
entitling the actor to lawful presence in the United States:
(1) the Deferred Action for Parents of Americans and
Lawful Permanent Residents; and
(2) any program not enacted by the United States
Congress that is a successor to or materially similar to the program
described by Subdivision (1) or Subsection (d)(3).
(f) A court may not abate the prosecution of an offense
under this section on the basis that a federal determination
regarding the immigration status of the actor is pending.
(g) A law enforcement officer of the Department of Public
Safety who arrests a person for an offense under this section shall,
to the extent feasible, detain the person in a facility established
under Operation Lone Star or a similar border security operation of
this state.
ARTICLE 3. MINIMUM SENTENCES FOR SMUGGLING OFFENSES
SECTION 3.01. Section 20.05(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is a felony of the third
degree with a term of imprisonment of 10 years, except that the
offense is:
(1) a felony of the second degree with a minimum term
of imprisonment of 10 years if:
(A) the actor commits the offense in a manner
that creates a substantial likelihood that the smuggled individual
will suffer serious bodily injury or death;
(B) the smuggled individual is a child younger
than 18 years of age at the time of the offense;
(C) the offense was committed with the intent to
obtain a pecuniary benefit;
(D) during the commission of the offense the
actor, another party to the offense, or an individual assisted,
guided, or directed by the actor knowingly possessed a firearm; or
(E) the actor commits the offense under
Subsection (a)(1)(B); or
(2) a felony of the first degree with a minimum term of
imprisonment of 10 years if:
(A) it is shown on the trial of the offense that,
as a direct result of the commission of the offense, the smuggled
individual became a victim of sexual assault, as defined by Section
22.011, or aggravated sexual assault, as defined by Section 22.021;
or
(B) the smuggled individual suffered serious
bodily injury or death.
SECTION 3.02. Sections 20.06(e) and (f), Penal Code, are
amended to read as follows:
(e) Except as provided by Subsections (f) and (g), an
offense under this section is a felony of the second degree with a
minimum term of imprisonment of 10 years.
(f) An offense under this section is a felony of the first
degree with a minimum term of imprisonment of 10 years if:
(1) the conduct constituting an offense under Section
20.05 is conducted in a manner that creates a substantial
likelihood that the smuggled individual will suffer serious bodily
injury or death; or
(2) the smuggled individual is a child younger than 18
years of age at the time of the offense.
SECTION 3.03. The changes in law made by this article apply
only to an offense committed on or after the effective date of this
article. An offense committed before the effective date of this
article 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 purposes of this section, an offense was committed
before the effective date of this article if any element of the
offense was committed before that date.
ARTICLE 4. FOREIGN TERRORIST ORGANIZATIONS
SECTION 4.01. The heading to Subchapter D, Chapter 125,
Civil Practice and Remedies Code, is amended to read as follows:
SUBCHAPTER D. MEMBERSHIP IN CRIMINAL STREET GANG OR FOREIGN
TERRORIST ORGANIZATION
SECTION 4.02. Sections 125.061(1) and (3), Civil Practice
and Remedies Code, are amended to read as follows:
(1) "Combination," [and] "criminal street gang," and
"foreign terrorist organization" have the meanings assigned by
Section 71.01, Penal Code.
(3) "Gang activity" means the following types of
conduct:
(A) organized criminal activity as described by
Section 71.02, Penal Code;
(B) terroristic threat as described by Section
22.07, Penal Code;
(C) coercing, inducing, or soliciting [, or
inducing gang] membership in a criminal street gang or foreign
terrorist organization as described by Section 71.022(a) or (a-1),
Penal Code;
(D) criminal trespass as described by Section
30.05, Penal Code;
(E) disorderly conduct as described by Section
42.01, Penal Code;
(F) criminal mischief as described by Section
28.03, Penal Code, that causes a pecuniary loss of $500 or more;
(G) a graffiti offense in violation of Section
28.08, Penal Code;
(H) a weapons offense in violation of Chapter 46,
Penal Code; or
(I) unlawful possession of a substance or other
item in violation of Chapter 481, Health and Safety Code.
SECTION 4.03. Section 125.062, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 125.062. PUBLIC NUISANCE; COMBINATION. A
combination, [or] criminal street gang, or foreign terrorist
organization that continuously or regularly associates in gang
activities is a public nuisance.
SECTION 4.04. Section 125.063, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 125.063. PUBLIC NUISANCE; USE OF PLACE. The habitual
use of a place by a combination, [or] criminal street gang, or
foreign terrorist organization for engaging in gang activity is a
public nuisance.
SECTION 4.05. Section 125.064(b), Civil Practice and
Remedies Code, is amended to read as follows:
(b) Any person who habitually associates with others to
engage in gang activity as a member of a combination, [or] criminal
street gang, or foreign terrorist organization may be made a
defendant in the suit. Any person who owns or is responsible for
maintaining a place that is habitually used for engaging in gang
activity may be made a defendant in the suit.
SECTION 4.06. Section 125.065(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) If the court finds that a combination, [or] criminal
street gang, or foreign terrorist organization constitutes a public
nuisance, the court may enter an order:
(1) enjoining a defendant in the suit from engaging in
the gang activities of the combination, [or] criminal street gang,
or foreign terrorist organization; and
(2) imposing other reasonable requirements to prevent
the combination, [or] criminal street gang, or foreign terrorist
organization from engaging in future gang activities.
SECTION 4.07. Section 125.069, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 125.069. USE OF PLACE; EVIDENCE. In an action brought
under this subchapter, proof that gang activity by a member of a
combination, [or] a criminal street gang, or a foreign terrorist
organization is frequently committed at a place or proof that a
place is frequently used for engaging in gang activity by a member
of a combination, [or] a criminal street gang, or a foreign
terrorist organization is prima facie evidence that the proprietor
knowingly permitted the act, unless the act constitutes conspiring
to commit gang activity.
SECTION 4.08. Sections 125.070(b), (c), and (e), Civil
Practice and Remedies Code, are amended to read as follows:
(b) A criminal street gang or foreign terrorist
organization or a member of a criminal street gang or foreign
terrorist organization is liable to the state or a governmental
entity injured by the violation of a temporary or permanent
injunctive order under this subchapter.
(c) In an action brought against a member of a criminal
street gang or a member of a foreign terrorist organization, the
plaintiff must show that the member violated the temporary or
permanent injunctive order.
(e) The property of the criminal street gang or foreign
terrorist organization or a member of the criminal street gang or
foreign terrorist organization may be seized in execution on a
judgment under this section. Property may not be seized under this
subsection if the owner or interest holder of the property proves by
a preponderance of the evidence that the owner or interest holder
was not a member of the criminal street gang or foreign terrorist
organization and did not violate the temporary or permanent
injunctive order. The owner or interest holder of property that is
in the possession of a criminal street gang or foreign terrorist
organization or a member of the criminal street gang or foreign
terrorist organization and that is subject to execution under this
subsection must show that the property:
(1) was stolen from the owner or interest holder; or
(2) was used or intended to be used without the
effective consent of the owner or interest holder by the criminal
street gang or foreign terrorist organization or a member of the
criminal street gang or foreign terrorist organization.
SECTION 4.09. Article 67.001, Code of Criminal Procedure,
is amended by adding Subdivision (8-a) and amending Subdivision (9)
to read as follows:
(8-a) "Foreign terrorist organization" has the meaning
assigned by Section 71.01, Penal Code.
(9) "Intelligence database" means a collection or
compilation of data organized for search and retrieval to evaluate,
analyze, disseminate, or use intelligence information relating to a
combination, [or] criminal street gang, or foreign terrorist
organization for the purpose of investigating or prosecuting a
criminal offense.
SECTION 4.10. Articles 67.051(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) Subject to Subsection (b), a criminal justice agency or
juvenile justice agency shall compile criminal information into an
intelligence database for the purpose of investigating or
prosecuting the criminal activities of combinations, [or] criminal
street gangs, or foreign terrorist organizations.
(b) A law enforcement agency in a municipality with a
population of 50,000 or more or in a county with a population of
100,000 or more shall compile and maintain in a local or regional
intelligence database criminal information relating to a criminal
street gang or a foreign terrorist organization as provided by
Subsection (a). The agency must compile and maintain the
information in accordance with the criminal intelligence systems
operating policies established under 28 C.F.R. Section 23.1 et seq.
and the submission criteria established under Article 67.054(b).
SECTION 4.11. Article 67.054(b), Code of Criminal
Procedure, is amended to read as follows:
(b) Criminal information collected under this chapter
relating to a criminal street gang or foreign terrorist
organization must:
(1) be relevant to the identification of an
organization that is reasonably suspected of involvement in
criminal activity; and
(2) consist of:
(A) a judgment under any law that includes, as a
finding or as an element of a criminal offense, participation in a
criminal street gang or foreign terrorist organization;
(B) a self-admission by an individual of
membership in a criminal street gang or foreign terrorist
organization [membership] that is made during a judicial
proceeding; or
(C) except as provided by Subsection (c), any two
of the following:
(i) a self-admission by the individual of
membership in a criminal street gang or foreign terrorist
organization [membership] that is not made during a judicial
proceeding, including the use of the Internet or other electronic
format or medium to post photographs or other documentation
identifying the individual as a member of a criminal street gang or
foreign terrorist organization;
(ii) an identification of the individual as
a member of a criminal street gang or foreign terrorist
organization [member] by a reliable informant or other individual;
(iii) a corroborated identification of the
individual as a member of a criminal street gang or foreign
terrorist organization [member] by an informant or other individual
of unknown reliability;
(iv) evidence that the individual frequents
a documented area of a criminal street gang or foreign terrorist
organization and associates with known members of a criminal street
gang or foreign terrorist organization [members];
(v) evidence that the individual uses, in
more than an incidental manner, criminal street gang or foreign
terrorist organization dress, hand signals, tattoos, or symbols,
including expressions of letters, numbers, words, or marks,
regardless of how or the means by which the symbols are displayed,
that are associated with a criminal street gang or foreign
terrorist organization that operates in an area frequented by the
individual and described by Subparagraph (iv);
(vi) evidence that the individual has been
arrested or taken into custody with known members of a criminal
street gang or foreign terrorist organization [members] for an
offense or conduct consistent with [criminal street] gang activity
as defined by Section 125.061, Civil Practice and Remedies Code;
(vii) evidence that the individual has
visited a known member of a criminal street gang or foreign
terrorist organization [member], other than a family member of the
individual, while the [gang] member is confined in or committed to a
penal institution; or
(viii) evidence of the individual's use of
technology, including the Internet, to recruit new members of a
criminal street gang or foreign terrorist organization [members].
SECTION 4.12. Articles 67.102(a) and (d), Code of Criminal
Procedure, are amended to read as follows:
(a) Notwithstanding Chapter 58, Family Code, criminal
information relating to a child associated with a combination, [or]
criminal street gang, or foreign terrorist organization may be
compiled and released under this chapter regardless of the age of
the child.
(d) The governing body of a county or municipality served by
a law enforcement agency described by Article 67.051(b) may adopt a
policy to notify the parent or guardian of a child of the agency's
observations relating to the child's association with a criminal
street gang or foreign terrorist organization.
SECTION 4.13. Article 67.251, Code of Criminal Procedure,
is amended to read as follows:
Art. 67.251. ESTABLISHMENT OF GANG RESOURCE SYSTEM. The
office of the attorney general shall establish an electronic gang
resource system to provide criminal justice agencies and juvenile
justice agencies with information about criminal street gangs and
foreign terrorist organizations in this state.
SECTION 4.14. Articles 67.252(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) The gang resource system established under Article
67.251 may include the following information with regard to any
gang or foreign terrorist organization:
(1) gang or organization name;
(2) gang or organization identifiers, such as colors
used, tattoos, and clothing preferences;
(3) criminal activities;
(4) migration trends;
(5) recruitment activities; and
(6) a local law enforcement contact.
(b) Information in the gang resource system shall be
accessible according to:
(1) municipality or county; and
(2) gang or organization name.
SECTION 4.15. Article 67.254(a), Code of Criminal
Procedure, is amended to read as follows:
(a) On request by the office of the attorney general, a
criminal justice agency or juvenile justice agency shall make a
reasonable attempt to provide gang and foreign terrorist
organization information to the office of the attorney general for
the purpose of maintaining an updated, comprehensive gang resource
system.
SECTION 4.16. Article 67.255, Code of Criminal Procedure,
is amended to read as follows:
Art. 67.255. USE OF INFORMATION. Information in the gang
resource system may be used in investigating [gang-related] crimes
relating to a criminal street gang or foreign terrorist
organization. Information from the system may be included in an
affidavit or subpoena or used in connection with any other legal or
judicial proceeding only if the information is corroborated by
information not provided by or maintained in the system.
SECTION 4.17. Section 71.01, Penal Code, is amended by
adding Subsection (e) to read as follows:
(e) "Foreign terrorist organization" means three or more
persons operating as an organization at least partially outside the
United States who engage in criminal activity and threaten the
security of this state or its residents, including but not limited
to a drug cartel.
SECTION 4.18. Section 71.02(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, with the intent to
establish, maintain, or participate in a combination or in the
profits of a combination or as a member of a criminal street gang or
foreign terrorist organization, the person commits or conspires to
commit one or more of the following:
(1) murder, capital murder, arson, aggravated
robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual
assault, continuous sexual abuse of young child or disabled
individual, solicitation of a minor, forgery, deadly conduct,
assault punishable as a Class A misdemeanor, burglary of a motor
vehicle, or unauthorized use of a motor vehicle;
(2) any gambling offense punishable as a Class A
misdemeanor;
(3) promotion of prostitution, aggravated promotion
of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or
sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or
distribution of a controlled substance or dangerous drug, or
unlawful possession of a controlled substance or dangerous drug:
(A) through forgery, fraud, misrepresentation,
or deception; or
(B) with the intent to deliver the controlled
substance or dangerous drug;
(5-a) causing the unlawful delivery, dispensation, or
distribution of a controlled substance or dangerous drug in
violation of Subtitle B, Title 3, Occupations Code;
(6) any unlawful wholesale promotion or possession of
any obscene material or obscene device with the intent to wholesale
promote the same;
(7) any offense under Subchapter B, Chapter 43,
depicting or involving conduct by or directed toward a child
younger than 18 years of age;
(8) any felony offense under Chapter 32;
(9) any offense under Chapter 36;
(10) any offense under Chapter 34, 35, or 35A;
(11) any offense under Section 37.11(a);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10;
(14) any offense under Section 38.06, 38.07, 38.09, or
38.11;
(15) any offense under Section 42.10;
(16) any offense under Section 46.06(a)(1) or 46.14;
(17) any offense under Section 20.05, [or] 20.06, or
20.07;
(18) any offense under Section 16.02; or
(19) any offense classified as a felony under the Tax
Code.
SECTION 4.19. The heading to Section 71.022, Penal Code, is
amended to read as follows:
Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP
IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION.
SECTION 4.20. Sections 71.022(a) and (a-1), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person knowingly
causes, enables, encourages, recruits, or solicits another person
to become a member of a criminal street gang or foreign terrorist
organization which, as a condition of initiation, admission,
membership, or continued membership, requires the commission of any
conduct which constitutes an offense punishable as a Class A
misdemeanor or a felony.
(a-1) A person commits an offense if, with intent to coerce,
induce, or solicit a child to actively participate in the
activities of a criminal street gang or foreign terrorist
organization, the person:
(1) threatens the child or a member of the child's
family with imminent bodily injury; or
(2) causes bodily injury to the child or a member of
the child's family.
SECTION 4.21. Section 71.023, Penal Code, is amended to
read as follows:
Sec. 71.023. DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS
OR FOREIGN TERRORIST ORGANIZATIONS. (a) A person commits an
offense if the person, as part of the identifiable leadership of a
criminal street gang or foreign terrorist organization, knowingly
finances, directs, or supervises the commission of, or a conspiracy
to commit, one or more of the following offenses by members of a
criminal street gang or foreign terrorist organization:
(1) a felony offense that is listed in Article
42A.054(a), Code of Criminal Procedure;
(2) a felony offense for which it is shown that a
deadly weapon, as defined by Section 1.07, was used or exhibited
during the commission of the offense or during immediate flight
from the commission of the offense; or
(3) an offense that is punishable under Section
481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f),
481.115(f), or 481.120(b)(6), Health and Safety Code.
(b) An offense under this section is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for any term of not more than 99 years
or less than 25 years.
SECTION 4.22. Chapter 125, Civil Practice and Remedies
Code, as amended by this article, applies only to an action
commenced on or after the effective date of this article. An action
commenced before the effective date of this article is governed by
the law as it existed immediately before the effective date of this
article, and that law is continued in effect for that purpose.
SECTION 4.23. Chapter 71, Penal Code, as amended by this
article, applies only to an offense committed on or after the
effective date of this article. An offense committed before the
effective date of this article 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 purposes of this section, an offense
was committed before the effective date of this article if any
element of the offense occurred before that date.
ARTICLE 5. LANDOWNER COMPENSATION FOR PROPERTY DAMAGE CAUSED BY
CERTAIN CRIMINAL ACTIVITIES
SECTION 5.01. Title 1, Code of Criminal Procedure, is
amended by adding Chapter 56C to read as follows:
CHAPTER 56C. LANDOWNER COMPENSATION FOR PROPERTY DAMAGE CAUSED BY
CERTAIN CRIMINAL ACTIVITIES
Art. 56C.001. DEFINITIONS. In this chapter:
(1) "Agricultural land" includes any land the use of
which qualifies the land for appraisal based on agricultural use as
defined under Subchapter D, Chapter 23, Tax Code.
(2) "Border crime" means conduct:
(A) constituting an offense under:
(i) Subchapter D, Chapter 481, Health and
Safety Code;
(ii) Section 20.05 or 38.04, Penal Code; or
(iii) Chapter 20A, Penal Code; and
(B) involving transnational criminal activity.
(3) "Trespasser" has the meaning assigned by Section
75.007, Civil Practice and Remedies Code.
Art. 56C.002. ADMINISTRATION; RULES. (a) The attorney
general shall adopt rules to administer this chapter.
(b) Subchapters A and B, Chapter 2001, Government Code,
except Sections 2001.004(3) and 2001.005, apply to the attorney
general.
(c) The attorney general may delegate to a person in the
attorney general's office a power or duty given to the attorney
general under this chapter.
Art. 56C.003. LANDOWNER COMPENSATION PROGRAM. (a) From
money appropriated for the purpose, the attorney general shall
establish and administer a program to compensate landowners who
suffer real property damage on agricultural land caused by:
(1) a trespasser as a result of an offense under
Chapter 28, Penal Code, that was committed in the course of or in
furtherance of a border crime; or
(2) a law enforcement response to a trespasser who was
engaged in a border crime.
(b) The attorney general shall establish:
(1) eligibility criteria for compensation under this
article, including requirements for providing proof of eligibility
for compensation;
(2) application procedures;
(3) criteria for evaluating applications and awarding
compensation;
(4) guidelines related to compensation amounts,
provided that the maximum amount awarded per incident causing
damage may not exceed $75,000; and
(5) procedures for monitoring the use of compensation
awarded under this article and ensuring compliance with any
conditions of the award.
(c) The attorney general may not award compensation under
this article for real property damage caused by a trespasser
described by Subsection (a)(1) unless the damage is documented in a
written report by a law enforcement agency as having occurred in
connection with a border crime.
(d) In awarding compensation under this article for real
property damage caused by a trespasser described by Subsection
(a)(1), the attorney general may not consider the outcome of any
criminal prosecution arising out of the offense under Chapter 28,
Penal Code, as a result of which the applicant suffered property
damage or the applicable offense listed in Article 56C.001(2)(A).
Art. 56C.004. HEARINGS AND PREHEARING CONFERENCES. (a) The
attorney general shall determine whether a hearing on an
application for compensation under this chapter is necessary.
(b) On determining that a hearing is not necessary, the
attorney general may approve the application.
(c) On determining that a hearing is necessary or on request
for a hearing by the applicant, the attorney general shall consider
the application at a hearing at a time and place of the attorney
general's choosing. The attorney general shall notify all
interested persons not later than the 10th day before the date of
the hearing.
(d) At the hearing the attorney general shall:
(1) review the application for compensation; and
(2) receive other evidence that the attorney general
finds necessary or desirable to evaluate the application properly.
(e) The attorney general may appoint hearing officers to
conduct hearings or prehearing conferences under this chapter.
(f) A hearing or prehearing conference is open to the public
unless the hearing officer or attorney general determines in a
particular case that all or part of the hearing or conference should
be held in private because a private hearing or conference is in the
interest of the applicant.
(g) Subchapters C through H, Chapter 2001, Government Code,
do not apply to the attorney general or the attorney general's
orders and decisions.
Art. 56C.005. ANNUAL REPORT. Not later than the 100th day
after the end of each state fiscal year, the attorney general shall
submit to the governor and the legislature a report on the attorney
general's activities under this chapter during the preceding fiscal
year that includes the following information, disaggregated by each
offense listed in Article 56C.001(2)(A):
(1) the number of applications made;
(2) the number of applicants receiving compensation;
and
(3) the amount of compensation awarded.
Art. 56C.006. PAYER OF LAST RESORT. (a) The program
established under Article 56C.003 is a payer of last resort for real
property damage described by that article.
(b) The attorney general may not award compensation to an
applicant under Article 56C.003 if the attorney general determines
that the applicant:
(1) is eligible for reimbursement from another source,
including under an insurance contract or a state, local, or federal
program; and
(2) failed to seek reimbursement from the source
described by Subdivision (1).
Art. 56C.007. EXPIRATION OF CHAPTER. This chapter expires
on the second anniversary of the date that all money appropriated
for the program established under this chapter has been expended.
ARTICLE 6. INTERAGENCY WORK GROUP ON BORDER ISSUES
SECTION 6.01. Sections 772.011(a) and (b), Government Code,
are amended to read as follows:
(a) An interagency work group is created to:
(1) develop or update a process to allow agencies to
work together on issues that face border communities;
(2) discuss and coordinate programs and services
offered to border communities and residents of border communities;
[and]
(3) develop regulatory and legislative
recommendations to eliminate duplication and combine program
services;
(4) identify and anticipate challenges and threats to
agencies' operations along the Texas-Mexico border;
(5) develop solutions to overcome the challenges and
threats described by Subdivision (4); and
(6) identify strategic opportunities agencies may use
to enhance the capabilities and effectiveness of their roles in
this state's operations along the Texas-Mexico border.
(b) The work group is composed of:
(1) the chair of the standing substantive committee of
the senate with primary jurisdiction over border security, or the
chair's designee;
(2) the chair of the standing substantive committee of
the house of representatives with primary jurisdiction over border
security, or the chair's designee; and
(3) the heads of the following agencies or their
designees:
(A) [(1)] the Texas Department of Rural Affairs;
(B) [(2)] the Texas Department of Housing and
Community Affairs;
(C) [(3)] the Texas Water Development Board;
(D) [(4)] the Texas Department of
Transportation;
(E) [(5)] the Texas Commission on Environmental
Quality;
(F) [(6)] the Texas Workforce Commission;
(G) [(7)] the Department of State Health
Services;
(H) [(8)] the Health and Human Services
Commission;
(I) [(9)] the General Land Office;
(J) [(10)] the Texas Economic Development and
Tourism Office;
(K) [(11)] the Office of State-Federal
Relations;
(L) [(12)] the Texas Higher Education
Coordinating Board;
(M) [(13)] the attorney general's office;
(N) [(14)] the secretary of state's office;
(O) [(15)] the Department of Public Safety;
[and]
(P) [(16)] the Railroad Commission of Texas;
(Q) the Texas Division of Emergency Management;
(R) the Texas Alcoholic Beverage Commission; and
(S) the Texas Military Department.
ARTICLE 7. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
EQUIPMENT, AND SERVICES IN THE BORDER REGION
SECTION 7.01. Chapter 421, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY
Sec. 421.111. DEFINITIONS. In this subchapter:
(1) "Border region" has the meaning assigned by
Section 772.0071.
(2) "Local government" means a municipality or county.
(3) "Office" means the trusteed programs within the
office of the governor.
Sec. 421.112. USE OF CERTAIN FUNDS. From money
appropriated for that purpose, the office, as authorized by Chapter
418, Government Code, including Subchapter D of that chapter, shall
make funds available to state agencies and local governments for
the following purposes:
(1) the construction and maintenance of facilities
related to prosecuting and adjudicating offenses committed in the
border region, including court facilities, processing facilities,
detention facilities, criminal justice centers, and other similar
facilities;
(2) the construction of improvements to an area in the
immediate vicinity of a port of entry to enhance vehicle inspection
capabilities and assist in the investigation, interdiction, and
prosecution of persons smuggling individuals or contraband across
the Texas-Mexico border; and
(3) the construction or improvement of roadways and
similar transportation facilities in the border region that provide
for detailed monitoring of commercial motor vehicles traveling
along the roadways and facilities.
ARTICLE 8. BORDER PROTECTION AGREEMENTS
SECTION 8.01. Title 7, Government Code, is amended by
adding Chapter 794 to read as follows:
CHAPTER 794. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
STATES
Sec. 794.001. AUTHORITY FOR AGREEMENTS. On behalf of this
state, the governor shall coordinate, develop, and execute
agreements with the United Mexican States and the states of the
United Mexican States regarding the authority of this state to
protect and defend its citizens.
ARTICLE 9. SEVERABILITY; EFFECTIVE DATE
SECTION 9.01. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
every person, group of persons, or circumstances, is severable from
each other. If any application of any provision in this Act to any
person, group of persons, or circumstances is found by a court to be
invalid for any reason, the remaining applications of that
provision to all other persons and circumstances shall be severed
and may not be affected.
SECTION 9.02. This Act takes effect September 1, 2023.
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