Texas 2023 - 88th Regular

Texas House Bill HB7 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Guillen, et al. (Senate Sponsor - Birdwell) H.B. No. 7
2	2	(In the Senate - Received from the House May 11, 2023;
3	3	May 11, 2023, read first time and referred to Committee on Border
4	4	Security; May 19, 2023, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 3, Nays 2;
6	6	May 19, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE VOTE YeaNayAbsent PNVBirdwell X Flores X Blanco X Hinojosa X King X COMMITTEE SUBSTITUTE FOR H.B. No. 7 By: Birdwell
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to measures to address public safety threats in this state
14	14	presented by transnational criminal activity, including by
15	15	establishing a Texas Border Force, and to compensate persons
16	16	affected by those threats; increasing criminal penalties; creating
17	17	criminal offenses.
18	18	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
19	19	ARTICLE 1. TEXAS BORDER FORCE; DEPARTMENT OF PUBLIC SAFETY BORDER
20	20	SECURITY FUNCTIONS
21	21	SECTION 1.01. Section 411.0043, Government Code, is amended
22	22	by amending Subsection (a) and adding Subsection (c) to read as
23	23	follows:
24	24	(a) The commission shall implement a policy requiring the
25	25	department to use appropriate technological solutions to improve
26	26	the department's ability to perform its functions. The policy must
27	27	ensure that:
28	28	(1) the public is able to interact with the department
29	29	on the Internet; and
30	30	(2) the department's capability to conduct border
31	31	security operations and similar functions is not impeded by the use
32	32	of obsolete or outdated technologies.
33	33	(c) The department shall periodically review emerging
34	34	technologies that may be deployed for border security operations,
35	35	including technologies and equipment described by Section
36	36	411.0285, to ensure the department consistently adopts innovative
37	37	technologies and solutions for those operations.
38	38	SECTION 1.02. Chapter 411, Government Code, is amended by
39	39	adding Subchapter B-2 to read as follows:
40	40	SUBCHAPTER B-2. TEXAS BORDER FORCE
41	41	Sec. 411.0281. DEFINITION. In this subchapter, "border
42	42	force" means the Texas Border Force established under this
43	43	subchapter.
44	44	Sec. 411.0282. TEXAS BORDER FORCE; CHIEF. (a) The Texas
45	45	Border Force is established in the Texas Rangers division of the
46	46	department.
47	47	(b) The chief of the Texas Rangers is the chief of the border
48	48	force.
49	49	Sec. 411.0283. BORDER OPERATIONS. The border force may
50	50	conduct border security operations along the Texas-Mexico border,
51	51	including:
52	52	(1) law enforcement operations;
53	53	(2) intelligence gathering, analysis, and
54	54	dissemination;
55	55	(3) coordination and command of state agencies
56	56	conducting border security operations;
57	57	(4) surveillance and detection of criminal activity,
58	58	including improper entry of individuals from foreign nations and
59	59	the smuggling of individuals and controlled substances, using
60	60	cameras, unmanned aircraft, and other technologies;
61	61	(5) interdiction of individuals committing criminal
62	62	activity described by Subdivision (4);
63	63	(6) coordination of local, state, and federal agencies
64	64	conducting border security operations, including tactical
65	65	operations such as special response teams, brush teams, and special
66	66	weapons and tactics teams; and
67	67	(7) training and education programs for the
68	68	professional development of employees and agency partners carrying
69	69	out border security operations.
70	70	Sec. 411.0284. ASSIGNMENT OF TEXAS MILITARY FORCES SERVICE
71	71	MEMBERS. (a) In this section, "Texas military forces" has the
72	72	meaning assigned by Section 437.001.
73	73	(b) The department, at the request of the chief of the
74	74	border force, may enter into a written agreement with the Texas
75	75	Military Department for the assignment of service members of the
76	76	Texas military forces to the border force. The agreement may
77	77	provide for reimbursement by the department for hiring, training,
78	78	salary, and employee benefit costs incurred by the Texas military
79	79	forces in connection with service members assigned to the border
80	80	force.
81	81	Sec. 411.0285. PURCHASE AND DEPLOYMENT OF CERTAIN
82	82	TECHNOLOGY AND EQUIPMENT. (a) The department, at the request of
83	83	the chief of the border force, shall purchase and deploy technology
84	84	and equipment to enhance the border force's ability to detect and
85	85	suppress criminal activity along the Texas-Mexico border,
86	86	including:
87	87	(1) stacked razor wire barriers;
88	88	(2) buoy barriers; and
89	89	(3) surveillance and detection technology to be
90	90	deployed at and near each port of entry along the Texas-Mexico
91	91	border to detect and deter the improper entry of individuals from
92	92	foreign nations and the smuggling of individuals and controlled
93	93	substances, such as fentanyl, cocaine, heroin, and
94	94	methamphetamine.
95	95	(b) The surveillance and detection technology described by
96	96	Subsection (a)(3) may be used to inspect passenger and commercial
97	97	vehicles passing through a port of entry or traveling in any
98	98	direction within 30 miles of a port of entry.
99	99	(c) The department shall employ a sufficient number of
100	100	commercial vehicle inspectors to inspect vehicles using technology
101	101	described by Subsection (a)(3).
102	102	Sec. 411.0286. HIRING OFFICERS WITH PREVIOUS BORDER PATROL
103	103	EXPERIENCE. Notwithstanding any other provision of law, the
104	104	department may, at the time an officer is hired for the border
105	105	force, elect to credit up to four years of experience as a Border
106	106	Patrol Agent of the United States Customs and Border Protection for
107	107	the purpose of calculating the officer's salary under Schedule C.
108	108	All officers are subject to a one-year probationary period under
109	109	Section 411.007(g) notwithstanding the officer's rank or salary
110	110	classification.
111	111	Sec. 411.0287. INCREASED STAFFING; CERTAIN TRAINING. (a)
112	112	The border force may as necessary to conduct border security
113	113	operations and ensure the safety of the public along the
114	114	Texas-Mexico border:
115	115	(1) recruit, employ, and train officers and other
116	116	staff; and
117	117	(2) contract for additional officers and staff to meet
118	118	an increased need for border security operations.
119	119	(b) The border force shall expand programs for training
120	120	officers to serve as members of a brush team.
121	121	Sec. 411.0288. REPORTS. At least once each calendar
122	122	quarter and at other times determined necessary by the governor or
123	123	the chief of the border force, the chief of the border force shall
124	124	submit a report to the governor containing information requested by
125	125	the governor concerning the border force's operations.
126	126	Sec. 411.0289. NO LIMITATION ON BORDER FORCE AUTHORITY BY
127	127	LOCAL GOVERNMENTS. A political subdivision, including a
128	128	municipality, county, or special purpose district, may not by any
129	129	means limit the jurisdiction or authority of the border force.
130	130	SECTION 1.03. Chapter 820, Government Code, is amended by
131	131	adding Subchapter A-1 to read as follows:
132	132	SUBCHAPTER A-1. CERTAIN MILITARY SERVICE CREDIT
133	133	Sec. 820.021. CERTAIN MILITARY SERVICE CREDIT WITHOUT
134	134	PURCHASE. (a) A cash balance group member hired by the Department
135	135	of Public Safety for the Texas Border Force under Subchapter B-2,
136	136	Chapter 411, who served active federal duty in the armed forces of
137	137	the United States and obtains a peace officer license issued under
138	138	Chapter 1701, Occupations Code, while employed with the border
139	139	force may establish military service credit not to exceed six
140	140	months in the retirement system for the purposes described by
141	141	Subsection (c) by submitting a request to the system in a form and
142	142	manner prescribed by the system.
143	143	(b) The retirement system shall grant the military service
144	144	credit of a member who submits a request as provided by Subsection
145	145	(a) after the system verifies that the member is a cash balance
146	146	group member and served the military service required by that
147	147	subsection.
148	148	(c) Military service credit established under this section
149	149	may be used only to determine whether the cash balance group member
150	150	is eligible to retire and receive a cash balance annuity under this
151	151	chapter. The service credit does not affect eligibility for any
152	152	other purpose, including for purposes of determining eligibility to
153	153	participate in the group benefits program established under Chapter
154	154	1551, Insurance Code.
155	155	SECTION 1.04. Subchapter C, Chapter 2155, Government Code,
156	156	is amended by adding Section 2155.151 to read as follows:
157	157	Sec. 2155.151. CERTAIN PURCHASES BY DEPARTMENT OF PUBLIC
158	158	SAFETY. (a) The Department of Public Safety is delegated all
159	159	purchasing functions relating to the purchase of technologies and
160	160	equipment for use in border security operations, including
161	161	technology and equipment described by Section 411.0285, to ensure
162	162	the department consistently adopts innovative technologies and
163	163	solutions for those operations.
164	164	(b) The Department of Public Safety shall acquire goods and
165	165	services under Subsection (a) by any procurement method that
166	166	provides the best value to the department. The Department of Public
167	167	Safety shall consider the best value standards listed in Section
168	168	2155.074.
169	169	(c) At the request of the Department of Public Safety, the
170	170	comptroller or the Department of Information Resources, as
171	171	appropriate, shall procure goods and services described by
172	172	Subsection (a) for the Department of Public Safety. The Department
173	173	of Public Safety may use the services of the comptroller or the
174	174	Department of Information Resources in procuring goods and services
175	175	described by Subsection (a).
176	176	SECTION 1.05. (a) In reviewing emerging technologies under
177	177	Section 411.0043(c), Government Code, as added by this article, the
178	178	Department of Public Safety shall hold a technology fair at which
179	179	vendors of emerging technology that may be used for conducting
180	180	border security operations demonstrate the capabilities of the
181	181	products.
182	182	(b) The event required by Subsection (a) of this section
183	183	must be held not later than September 1, 2024.
184	184	ARTICLE 2. IMPROPER ENTRY
185	185	SECTION 2.01. Chapter 38, Penal Code, is amended by adding
186	186	Section 38.20 to read as follows:
187	187	Sec. 38.20. IMPROPER ENTRY FROM FOREIGN NATION. (a) In
188	188	this section, "alien" has the meaning assigned by 8 U.S.C. Section
189	189	1101, as that provision existed on January 1, 2023.
190	190	(b) A person who is an alien commits an offense if the
191	191	person:
192	192	(1) enters or attempts to enter this state from a
193	193	foreign nation at any location other than a lawful point of entry;
194	194	(2) eludes examination or inspection by United States
195	195	immigration officers; or
196	196	(3) attempts to enter or obtains entry to this state
197	197	from a foreign nation by an intentionally false or misleading
198	198	representation or the intentional concealment of a material fact.
199	199	(c) An offense under this section is a Class A misdemeanor,
200	200	except that if it is shown on the trial of the offense that the
201	201	person has previously been finally convicted of:
202	202	(1) an offense under this section, the offense is a
203	203	state jail felony;
204	204	(2) a state jail felony described by Subdivision (1)
205	205	or any other felony not listed in Article 42A.054(a), Code of
206	206	Criminal Procedure, the offense is a felony of the second degree; or
207	207	(3) a felony listed in Article 42A.054(a), Code of
208	208	Criminal Procedure, the offense is a felony of the first degree.
209	209	(d) It is an affirmative defense to prosecution under this
210	210	section that:
211	211	(1) the actor has been granted a federal immigration
212	212	benefit entitling the actor to:
213	213	(A) lawful presence in the United States; or
214	214	(B) asylum under 8 U.S.C. Section 1158;
215	215	(2) the actor's conduct does not constitute a
216	216	violation of 8 U.S.C. Section 1325(a); or
217	217	(3) the actor was approved for benefits under the
218	218	federal Deferred Action for Childhood Arrivals program between June
219	219	15, 2012, and July 16, 2021.
220	220	(e) For purposes of Subsection (d)(1), the following
221	221	federal programs do not confer federal immigration benefits
222	222	entitling the actor to lawful presence in the United States:
223	223	(1) the Deferred Action for Parents of Americans and
224	224	Lawful Permanent Residents; and
225	225	(2) any program not enacted by the United States
226	226	Congress that is a successor to or materially similar to the program
227	227	described by Subdivision (1) or Subsection (d)(3).
228	228	(f) A court may not abate the prosecution of an offense
229	229	under this section on the basis that a federal determination
230	230	regarding the immigration status of the actor is pending.
231	231	(g) A law enforcement officer of the Department of Public
232	232	Safety who arrests a person for an offense under this section shall,
233	233	to the extent feasible, detain the person in a facility established
234	234	under Operation Lone Star or a similar border security operation of
235	235	this state.
236	236	ARTICLE 3. MINIMUM SENTENCES FOR SMUGGLING OFFENSES
237	237	SECTION 3.01. Section 20.05(b), Penal Code, is amended to
238	238	read as follows:
239	239	(b) An offense under this section is a felony of the third
240	240	degree with a term of imprisonment of 10 years, except that the
241	241	offense is:
242	242	(1) a felony of the second degree with a minimum term
243	243	of imprisonment of 10 years if:
244	244	(A) the actor commits the offense in a manner
245	245	that creates a substantial likelihood that the smuggled individual
246	246	will suffer serious bodily injury or death;
247	247	(B) the smuggled individual is a child younger
248	248	than 18 years of age at the time of the offense;
249	249	(C) the offense was committed with the intent to
250	250	obtain a pecuniary benefit;
251	251	(D) during the commission of the offense the
252	252	actor, another party to the offense, or an individual assisted,
253	253	guided, or directed by the actor knowingly possessed a firearm; or
254	254	(E) the actor commits the offense under
255	255	Subsection (a)(1)(B); or
256	256	(2) a felony of the first degree with a minimum term of
257	257	imprisonment of 10 years if:
258	258	(A) it is shown on the trial of the offense that,
259	259	as a direct result of the commission of the offense, the smuggled
260	260	individual became a victim of sexual assault, as defined by Section
261	261	22.011, or aggravated sexual assault, as defined by Section 22.021;
262	262	or
263	263	(B) the smuggled individual suffered serious
264	264	bodily injury or death.
265	265	SECTION 3.02. Sections 20.06(e) and (f), Penal Code, are
266	266	amended to read as follows:
267	267	(e) Except as provided by Subsections (f) and (g), an
268	268	offense under this section is a felony of the second degree with a
269	269	minimum term of imprisonment of 10 years.
270	270	(f) An offense under this section is a felony of the first
271	271	degree with a minimum term of imprisonment of 10 years if:
272	272	(1) the conduct constituting an offense under Section
273	273	20.05 is conducted in a manner that creates a substantial
274	274	likelihood that the smuggled individual will suffer serious bodily
275	275	injury or death; or
276	276	(2) the smuggled individual is a child younger than 18
277	277	years of age at the time of the offense.
278	278	SECTION 3.03. The changes in law made by this article apply
279	279	only to an offense committed on or after the effective date of this
280	280	article. An offense committed before the effective date of this
281	281	article is governed by the law in effect on the date the offense was
282	282	committed, and the former law is continued in effect for that
283	283	purpose. For purposes of this section, an offense was committed
284	284	before the effective date of this article if any element of the
285	285	offense was committed before that date.
286	286	ARTICLE 4. FOREIGN TERRORIST ORGANIZATIONS
287	287	SECTION 4.01. The heading to Subchapter D, Chapter 125,
288	288	Civil Practice and Remedies Code, is amended to read as follows:
289	289	SUBCHAPTER D. MEMBERSHIP IN CRIMINAL STREET GANG OR FOREIGN
290	290	TERRORIST ORGANIZATION
291	291	SECTION 4.02. Sections 125.061(1) and (3), Civil Practice
292	292	and Remedies Code, are amended to read as follows:
293	293	(1) "Combination," [and] "criminal street gang," and
294	294	"foreign terrorist organization" have the meanings assigned by
295	295	Section 71.01, Penal Code.
296	296	(3) "Gang activity" means the following types of
297	297	conduct:
298	298	(A) organized criminal activity as described by
299	299	Section 71.02, Penal Code;
300	300	(B) terroristic threat as described by Section
301	301	22.07, Penal Code;
302	302	(C) coercing, inducing, or soliciting [, or
303	303	inducing gang] membership in a criminal street gang or foreign
304	304	terrorist organization as described by Section 71.022(a) or (a-1),
305	305	Penal Code;
306	306	(D) criminal trespass as described by Section
307	307	30.05, Penal Code;
308	308	(E) disorderly conduct as described by Section
309	309	42.01, Penal Code;
310	310	(F) criminal mischief as described by Section
311	311	28.03, Penal Code, that causes a pecuniary loss of $500 or more;
312	312	(G) a graffiti offense in violation of Section
313	313	28.08, Penal Code;
314	314	(H) a weapons offense in violation of Chapter 46,
315	315	Penal Code; or
316	316	(I) unlawful possession of a substance or other
317	317	item in violation of Chapter 481, Health and Safety Code.
318	318	SECTION 4.03. Section 125.062, Civil Practice and Remedies
319	319	Code, is amended to read as follows:
320	320	Sec. 125.062. PUBLIC NUISANCE; COMBINATION. A
321	321	combination, [or] criminal street gang, or foreign terrorist
322	322	organization that continuously or regularly associates in gang
323	323	activities is a public nuisance.
324	324	SECTION 4.04. Section 125.063, Civil Practice and Remedies
325	325	Code, is amended to read as follows:
326	326	Sec. 125.063. PUBLIC NUISANCE; USE OF PLACE. The habitual
327	327	use of a place by a combination, [or] criminal street gang, or
328	328	foreign terrorist organization for engaging in gang activity is a
329	329	public nuisance.
330	330	SECTION 4.05. Section 125.064(b), Civil Practice and
331	331	Remedies Code, is amended to read as follows:
332	332	(b) Any person who habitually associates with others to
333	333	engage in gang activity as a member of a combination, [or] criminal
334	334	street gang, or foreign terrorist organization may be made a
335	335	defendant in the suit. Any person who owns or is responsible for
336	336	maintaining a place that is habitually used for engaging in gang
337	337	activity may be made a defendant in the suit.
338	338	SECTION 4.06. Section 125.065(a), Civil Practice and
339	339	Remedies Code, is amended to read as follows:
340	340	(a) If the court finds that a combination, [or] criminal
341	341	street gang, or foreign terrorist organization constitutes a public
342	342	nuisance, the court may enter an order:
343	343	(1) enjoining a defendant in the suit from engaging in
344	344	the gang activities of the combination, [or] criminal street gang,
345	345	or foreign terrorist organization; and
346	346	(2) imposing other reasonable requirements to prevent
347	347	the combination, [or] criminal street gang, or foreign terrorist
348	348	organization from engaging in future gang activities.
349	349	SECTION 4.07. Section 125.069, Civil Practice and Remedies
350	350	Code, is amended to read as follows:
351	351	Sec. 125.069. USE OF PLACE; EVIDENCE. In an action brought
352	352	under this subchapter, proof that gang activity by a member of a
353	353	combination, [or] a criminal street gang, or a foreign terrorist
354	354	organization is frequently committed at a place or proof that a
355	355	place is frequently used for engaging in gang activity by a member
356	356	of a combination, [or] a criminal street gang, or a foreign
357	357	terrorist organization is prima facie evidence that the proprietor
358	358	knowingly permitted the act, unless the act constitutes conspiring
359	359	to commit gang activity.
360	360	SECTION 4.08. Sections 125.070(b), (c), and (e), Civil
361	361	Practice and Remedies Code, are amended to read as follows:
362	362	(b) A criminal street gang or foreign terrorist
363	363	organization or a member of a criminal street gang or foreign
364	364	terrorist organization is liable to the state or a governmental
365	365	entity injured by the violation of a temporary or permanent
366	366	injunctive order under this subchapter.
367	367	(c) In an action brought against a member of a criminal
368	368	street gang or a member of a foreign terrorist organization, the
369	369	plaintiff must show that the member violated the temporary or
370	370	permanent injunctive order.
371	371	(e) The property of the criminal street gang or foreign
372	372	terrorist organization or a member of the criminal street gang or
373	373	foreign terrorist organization may be seized in execution on a
374	374	judgment under this section. Property may not be seized under this
375	375	subsection if the owner or interest holder of the property proves by
376	376	a preponderance of the evidence that the owner or interest holder
377	377	was not a member of the criminal street gang or foreign terrorist
378	378	organization and did not violate the temporary or permanent
379	379	injunctive order. The owner or interest holder of property that is
380	380	in the possession of a criminal street gang or foreign terrorist
381	381	organization or a member of the criminal street gang or foreign
382	382	terrorist organization and that is subject to execution under this
383	383	subsection must show that the property:
384	384	(1) was stolen from the owner or interest holder; or
385	385	(2) was used or intended to be used without the
386	386	effective consent of the owner or interest holder by the criminal
387	387	street gang or foreign terrorist organization or a member of the
388	388	criminal street gang or foreign terrorist organization.
389	389	SECTION 4.09. Article 67.001, Code of Criminal Procedure,
390	390	is amended by adding Subdivision (8-a) and amending Subdivision (9)
391	391	to read as follows:
392	392	(8-a) "Foreign terrorist organization" has the meaning
393	393	assigned by Section 71.01, Penal Code.
394	394	(9) "Intelligence database" means a collection or
395	395	compilation of data organized for search and retrieval to evaluate,
396	396	analyze, disseminate, or use intelligence information relating to a
397	397	combination, [or] criminal street gang, or foreign terrorist
398	398	organization for the purpose of investigating or prosecuting a
399	399	criminal offense.
400	400	SECTION 4.10. Articles 67.051(a) and (b), Code of Criminal
401	401	Procedure, are amended to read as follows:
402	402	(a) Subject to Subsection (b), a criminal justice agency or
403	403	juvenile justice agency shall compile criminal information into an
404	404	intelligence database for the purpose of investigating or
405	405	prosecuting the criminal activities of combinations, [or] criminal
406	406	street gangs, or foreign terrorist organizations.
407	407	(b) A law enforcement agency in a municipality with a
408	408	population of 50,000 or more or in a county with a population of
409	409	100,000 or more shall compile and maintain in a local or regional
410	410	intelligence database criminal information relating to a criminal
411	411	street gang or a foreign terrorist organization as provided by
412	412	Subsection (a). The agency must compile and maintain the
413	413	information in accordance with the criminal intelligence systems
414	414	operating policies established under 28 C.F.R. Section 23.1 et seq.
415	415	and the submission criteria established under Article 67.054(b).
416	416	SECTION 4.11. Article 67.054(b), Code of Criminal
417	417	Procedure, is amended to read as follows:
418	418	(b) Criminal information collected under this chapter
419	419	relating to a criminal street gang or foreign terrorist
420	420	organization must:
421	421	(1) be relevant to the identification of an
422	422	organization that is reasonably suspected of involvement in
423	423	criminal activity; and
424	424	(2) consist of:
425	425	(A) a judgment under any law that includes, as a
426	426	finding or as an element of a criminal offense, participation in a
427	427	criminal street gang or foreign terrorist organization;
428	428	(B) a self-admission by an individual of
429	429	membership in a criminal street gang or foreign terrorist
430	430	organization [membership] that is made during a judicial
431	431	proceeding; or
432	432	(C) except as provided by Subsection (c), any two
433	433	of the following:
434	434	(i) a self-admission by the individual of
435	435	membership in a criminal street gang or foreign terrorist
436	436	organization [membership] that is not made during a judicial
437	437	proceeding, including the use of the Internet or other electronic
438	438	format or medium to post photographs or other documentation
439	439	identifying the individual as a member of a criminal street gang or
440	440	foreign terrorist organization;
441	441	(ii) an identification of the individual as
442	442	a member of a criminal street gang or foreign terrorist
443	443	organization [member] by a reliable informant or other individual;
444	444	(iii) a corroborated identification of the
445	445	individual as a member of a criminal street gang or foreign
446	446	terrorist organization [member] by an informant or other individual
447	447	of unknown reliability;
448	448	(iv) evidence that the individual frequents
449	449	a documented area of a criminal street gang or foreign terrorist
450	450	organization and associates with known members of a criminal street
451	451	gang or foreign terrorist organization [members];
452	452	(v) evidence that the individual uses, in
453	453	more than an incidental manner, criminal street gang or foreign
454	454	terrorist organization dress, hand signals, tattoos, or symbols,
455	455	including expressions of letters, numbers, words, or marks,
456	456	regardless of how or the means by which the symbols are displayed,
457	457	that are associated with a criminal street gang or foreign
458	458	terrorist organization that operates in an area frequented by the
459	459	individual and described by Subparagraph (iv);
460	460	(vi) evidence that the individual has been
461	461	arrested or taken into custody with known members of a criminal
462	462	street gang or foreign terrorist organization [members] for an
463	463	offense or conduct consistent with [criminal street] gang activity
464	464	as defined by Section 125.061, Civil Practice and Remedies Code;
465	465	(vii) evidence that the individual has
466	466	visited a known member of a criminal street gang or foreign
467	467	terrorist organization [member], other than a family member of the
468	468	individual, while the [gang] member is confined in or committed to a
469	469	penal institution; or
470	470	(viii) evidence of the individual's use of
471	471	technology, including the Internet, to recruit new members of a
472	472	criminal street gang or foreign terrorist organization [members].
473	473	SECTION 4.12. Articles 67.102(a) and (d), Code of Criminal
474	474	Procedure, are amended to read as follows:
475	475	(a) Notwithstanding Chapter 58, Family Code, criminal
476	476	information relating to a child associated with a combination, [or]
477	477	criminal street gang, or foreign terrorist organization may be
478	478	compiled and released under this chapter regardless of the age of
479	479	the child.
480	480	(d) The governing body of a county or municipality served by
481	481	a law enforcement agency described by Article 67.051(b) may adopt a
482	482	policy to notify the parent or guardian of a child of the agency's
483	483	observations relating to the child's association with a criminal
484	484	street gang or foreign terrorist organization.
485	485	SECTION 4.13. Article 67.251, Code of Criminal Procedure,
486	486	is amended to read as follows:
487	487	Art. 67.251. ESTABLISHMENT OF GANG RESOURCE SYSTEM. The
488	488	office of the attorney general shall establish an electronic gang
489	489	resource system to provide criminal justice agencies and juvenile
490	490	justice agencies with information about criminal street gangs and
491	491	foreign terrorist organizations in this state.
492	492	SECTION 4.14. Articles 67.252(a) and (b), Code of Criminal
493	493	Procedure, are amended to read as follows:
494	494	(a) The gang resource system established under Article
495	495	67.251 may include the following information with regard to any
496	496	gang or foreign terrorist organization:
497	497	(1) gang or organization name;
498	498	(2) gang or organization identifiers, such as colors
499	499	used, tattoos, and clothing preferences;
500	500	(3) criminal activities;
501	501	(4) migration trends;
502	502	(5) recruitment activities; and
503	503	(6) a local law enforcement contact.
504	504	(b) Information in the gang resource system shall be
505	505	accessible according to:
506	506	(1) municipality or county; and
507	507	(2) gang or organization name.
508	508	SECTION 4.15. Article 67.254(a), Code of Criminal
509	509	Procedure, is amended to read as follows:
510	510	(a) On request by the office of the attorney general, a
511	511	criminal justice agency or juvenile justice agency shall make a
512	512	reasonable attempt to provide gang and foreign terrorist
513	513	organization information to the office of the attorney general for
514	514	the purpose of maintaining an updated, comprehensive gang resource
515	515	system.
516	516	SECTION 4.16. Article 67.255, Code of Criminal Procedure,
517	517	is amended to read as follows:
518	518	Art. 67.255. USE OF INFORMATION. Information in the gang
519	519	resource system may be used in investigating [gang-related] crimes
520	520	relating to a criminal street gang or foreign terrorist
521	521	organization. Information from the system may be included in an
522	522	affidavit or subpoena or used in connection with any other legal or
523	523	judicial proceeding only if the information is corroborated by
524	524	information not provided by or maintained in the system.
525	525	SECTION 4.17. Section 71.01, Penal Code, is amended by
526	526	adding Subsection (e) to read as follows:
527	527	(e) "Foreign terrorist organization" means three or more
528	528	persons operating as an organization at least partially outside the
529	529	United States who engage in criminal activity and threaten the
530	530	security of this state or its residents, including but not limited
531	531	to a drug cartel.
532	532	SECTION 4.18. Section 71.02(a), Penal Code, is amended to
533	533	read as follows:
534	534	(a) A person commits an offense if, with the intent to
535	535	establish, maintain, or participate in a combination or in the
536	536	profits of a combination or as a member of a criminal street gang or
537	537	foreign terrorist organization, the person commits or conspires to
538	538	commit one or more of the following:
539	539	(1) murder, capital murder, arson, aggravated
540	540	robbery, robbery, burglary, theft, aggravated kidnapping,
541	541	kidnapping, aggravated assault, aggravated sexual assault, sexual
542	542	assault, continuous sexual abuse of young child or disabled
543	543	individual, solicitation of a minor, forgery, deadly conduct,
544	544	assault punishable as a Class A misdemeanor, burglary of a motor
545	545	vehicle, or unauthorized use of a motor vehicle;
546	546	(2) any gambling offense punishable as a Class A
547	547	misdemeanor;
548	548	(3) promotion of prostitution, aggravated promotion
549	549	of prostitution, or compelling prostitution;
550	550	(4) unlawful manufacture, transportation, repair, or
551	551	sale of firearms or prohibited weapons;
552	552	(5) unlawful manufacture, delivery, dispensation, or
553	553	distribution of a controlled substance or dangerous drug, or
554	554	unlawful possession of a controlled substance or dangerous drug:
555	555	(A) through forgery, fraud, misrepresentation,
556	556	or deception; or
557	557	(B) with the intent to deliver the controlled
558	558	substance or dangerous drug;
559	559	(5-a) causing the unlawful delivery, dispensation, or
560	560	distribution of a controlled substance or dangerous drug in
561	561	violation of Subtitle B, Title 3, Occupations Code;
562	562	(6) any unlawful wholesale promotion or possession of
563	563	any obscene material or obscene device with the intent to wholesale
564	564	promote the same;
565	565	(7) any offense under Subchapter B, Chapter 43,
566	566	depicting or involving conduct by or directed toward a child
567	567	younger than 18 years of age;
568	568	(8) any felony offense under Chapter 32;
569	569	(9) any offense under Chapter 36;
570	570	(10) any offense under Chapter 34, 35, or 35A;
571	571	(11) any offense under Section 37.11(a);
572	572	(12) any offense under Chapter 20A;
573	573	(13) any offense under Section 37.10;
574	574	(14) any offense under Section 38.06, 38.07, 38.09, or
575	575	38.11;
576	576	(15) any offense under Section 42.10;
577	577	(16) any offense under Section 46.06(a)(1) or 46.14;
578	578	(17) any offense under Section 20.05, [or] 20.06, or
579	579	20.07;
580	580	(18) any offense under Section 16.02; or
581	581	(19) any offense classified as a felony under the Tax
582	582	Code.
583	583	SECTION 4.19. The heading to Section 71.022, Penal Code, is
584	584	amended to read as follows:
585	585	Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP
586	586	IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION.
587	587	SECTION 4.20. Sections 71.022(a) and (a-1), Penal Code, are
588	588	amended to read as follows:
589	589	(a) A person commits an offense if the person knowingly
590	590	causes, enables, encourages, recruits, or solicits another person
591	591	to become a member of a criminal street gang or foreign terrorist
592	592	organization which, as a condition of initiation, admission,
593	593	membership, or continued membership, requires the commission of any
594	594	conduct which constitutes an offense punishable as a Class A
595	595	misdemeanor or a felony.
596	596	(a-1) A person commits an offense if, with intent to coerce,
597	597	induce, or solicit a child to actively participate in the
598	598	activities of a criminal street gang or foreign terrorist
599	599	organization, the person:
600	600	(1) threatens the child or a member of the child's
601	601	family with imminent bodily injury; or
602	602	(2) causes bodily injury to the child or a member of
603	603	the child's family.
604	604	SECTION 4.21. Section 71.023, Penal Code, is amended to
605	605	read as follows:
606	606	Sec. 71.023. DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS
607	607	OR FOREIGN TERRORIST ORGANIZATIONS. (a) A person commits an
608	608	offense if the person, as part of the identifiable leadership of a
609	609	criminal street gang or foreign terrorist organization, knowingly
610	610	finances, directs, or supervises the commission of, or a conspiracy
611	611	to commit, one or more of the following offenses by members of a
612	612	criminal street gang or foreign terrorist organization:
613	613	(1) a felony offense that is listed in Article
614	614	42A.054(a), Code of Criminal Procedure;
615	615	(2) a felony offense for which it is shown that a
616	616	deadly weapon, as defined by Section 1.07, was used or exhibited
617	617	during the commission of the offense or during immediate flight
618	618	from the commission of the offense; or
619	619	(3) an offense that is punishable under Section
620	620	481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f),
621	621	481.115(f), or 481.120(b)(6), Health and Safety Code.
622	622	(b) An offense under this section is a felony of the first
623	623	degree punishable by imprisonment in the Texas Department of
624	624	Criminal Justice for life or for any term of not more than 99 years
625	625	or less than 25 years.
626	626	SECTION 4.22. Chapter 125, Civil Practice and Remedies
627	627	Code, as amended by this article, applies only to an action
628	628	commenced on or after the effective date of this article. An action
629	629	commenced before the effective date of this article is governed by
630	630	the law as it existed immediately before the effective date of this
631	631	article, and that law is continued in effect for that purpose.
632	632	SECTION 4.23. Chapter 71, Penal Code, as amended by this
633	633	article, applies only to an offense committed on or after the
634	634	effective date of this article. An offense committed before the
635	635	effective date of this article is governed by the law in effect on
636	636	the date the offense was committed, and the former law is continued
637	637	in effect for that purpose. For purposes of this section, an offense
638	638	was committed before the effective date of this article if any
639	639	element of the offense occurred before that date.
640	640	ARTICLE 5. LANDOWNER COMPENSATION FOR PROPERTY DAMAGE CAUSED BY
641	641	CERTAIN CRIMINAL ACTIVITIES
642	642	SECTION 5.01. Title 1, Code of Criminal Procedure, is
643	643	amended by adding Chapter 56C to read as follows:
644	644	CHAPTER 56C. LANDOWNER COMPENSATION FOR PROPERTY DAMAGE CAUSED BY
645	645	CERTAIN CRIMINAL ACTIVITIES
646	646	Art. 56C.001. DEFINITIONS. In this chapter:
647	647	(1) "Agricultural land" includes any land the use of
648	648	which qualifies the land for appraisal based on agricultural use as
649	649	defined under Subchapter D, Chapter 23, Tax Code.
650	650	(2) "Border crime" means conduct:
651	651	(A) constituting an offense under:
652	652	(i) Subchapter D, Chapter 481, Health and
653	653	Safety Code;
654	654	(ii) Section 20.05 or 38.04, Penal Code; or
655	655	(iii) Chapter 20A, Penal Code; and
656	656	(B) involving transnational criminal activity.
657	657	(3) "Trespasser" has the meaning assigned by Section
658	658	75.007, Civil Practice and Remedies Code.
659	659	Art. 56C.002. ADMINISTRATION; RULES. (a) The attorney
660	660	general shall adopt rules to administer this chapter.
661	661	(b) Subchapters A and B, Chapter 2001, Government Code,
662	662	except Sections 2001.004(3) and 2001.005, apply to the attorney
663	663	general.
664	664	(c) The attorney general may delegate to a person in the
665	665	attorney general's office a power or duty given to the attorney
666	666	general under this chapter.
667	667	Art. 56C.003. LANDOWNER COMPENSATION PROGRAM. (a) From
668	668	money appropriated for the purpose, the attorney general shall
669	669	establish and administer a program to compensate landowners who
670	670	suffer real property damage on agricultural land caused by:
671	671	(1) a trespasser as a result of an offense under
672	672	Chapter 28, Penal Code, that was committed in the course of or in
673	673	furtherance of a border crime; or
674	674	(2) a law enforcement response to a trespasser who was
675	675	engaged in a border crime.
676	676	(b) The attorney general shall establish:
677	677	(1) eligibility criteria for compensation under this
678	678	article, including requirements for providing proof of eligibility
679	679	for compensation;
680	680	(2) application procedures;
681	681	(3) criteria for evaluating applications and awarding
682	682	compensation;
683	683	(4) guidelines related to compensation amounts,
684	684	provided that the maximum amount awarded per incident causing
685	685	damage may not exceed $75,000; and
686	686	(5) procedures for monitoring the use of compensation
687	687	awarded under this article and ensuring compliance with any
688	688	conditions of the award.
689	689	(c) The attorney general may not award compensation under
690	690	this article for real property damage caused by a trespasser
691	691	described by Subsection (a)(1) unless the damage is documented in a
692	692	written report by a law enforcement agency as having occurred in
693	693	connection with a border crime.
694	694	(d) In awarding compensation under this article for real
695	695	property damage caused by a trespasser described by Subsection
696	696	(a)(1), the attorney general may not consider the outcome of any
697	697	criminal prosecution arising out of the offense under Chapter 28,
698	698	Penal Code, as a result of which the applicant suffered property
699	699	damage or the applicable offense listed in Article 56C.001(2)(A).
700	700	Art. 56C.004. HEARINGS AND PREHEARING CONFERENCES. (a) The
701	701	attorney general shall determine whether a hearing on an
702	702	application for compensation under this chapter is necessary.
703	703	(b) On determining that a hearing is not necessary, the
704	704	attorney general may approve the application.
705	705	(c) On determining that a hearing is necessary or on request
706	706	for a hearing by the applicant, the attorney general shall consider
707	707	the application at a hearing at a time and place of the attorney
708	708	general's choosing. The attorney general shall notify all
709	709	interested persons not later than the 10th day before the date of
710	710	the hearing.
711	711	(d) At the hearing the attorney general shall:
712	712	(1) review the application for compensation; and
713	713	(2) receive other evidence that the attorney general
714	714	finds necessary or desirable to evaluate the application properly.
715	715	(e) The attorney general may appoint hearing officers to
716	716	conduct hearings or prehearing conferences under this chapter.
717	717	(f) A hearing or prehearing conference is open to the public
718	718	unless the hearing officer or attorney general determines in a
719	719	particular case that all or part of the hearing or conference should
720	720	be held in private because a private hearing or conference is in the
721	721	interest of the applicant.
722	722	(g) Subchapters C through H, Chapter 2001, Government Code,
723	723	do not apply to the attorney general or the attorney general's
724	724	orders and decisions.
725	725	Art. 56C.005. ANNUAL REPORT. Not later than the 100th day
726	726	after the end of each state fiscal year, the attorney general shall
727	727	submit to the governor and the legislature a report on the attorney
728	728	general's activities under this chapter during the preceding fiscal
729	729	year that includes the following information, disaggregated by each
730	730	offense listed in Article 56C.001(2)(A):
731	731	(1) the number of applications made;
732	732	(2) the number of applicants receiving compensation;
733	733	and
734	734	(3) the amount of compensation awarded.
735	735	Art. 56C.006. PAYER OF LAST RESORT. (a) The program
736	736	established under Article 56C.003 is a payer of last resort for real
737	737	property damage described by that article.
738	738	(b) The attorney general may not award compensation to an
739	739	applicant under Article 56C.003 if the attorney general determines
740	740	that the applicant:
741	741	(1) is eligible for reimbursement from another source,
742	742	including under an insurance contract or a state, local, or federal
743	743	program; and
744	744	(2) failed to seek reimbursement from the source
745	745	described by Subdivision (1).
746	746	Art. 56C.007. EXPIRATION OF CHAPTER. This chapter expires
747	747	on the second anniversary of the date that all money appropriated
748	748	for the program established under this chapter has been expended.
749	749	ARTICLE 6. INTERAGENCY WORK GROUP ON BORDER ISSUES
750	750	SECTION 6.01. Sections 772.011(a) and (b), Government Code,
751	751	are amended to read as follows:
752	752	(a) An interagency work group is created to:
753	753	(1) develop or update a process to allow agencies to
754	754	work together on issues that face border communities;
755	755	(2) discuss and coordinate programs and services
756	756	offered to border communities and residents of border communities;
757	757	[and]
758	758	(3) develop regulatory and legislative
759	759	recommendations to eliminate duplication and combine program
760	760	services;
761	761	(4) identify and anticipate challenges and threats to
762	762	agencies' operations along the Texas-Mexico border;
763	763	(5) develop solutions to overcome the challenges and
764	764	threats described by Subdivision (4); and
765	765	(6) identify strategic opportunities agencies may use
766	766	to enhance the capabilities and effectiveness of their roles in
767	767	this state's operations along the Texas-Mexico border.
768	768	(b) The work group is composed of:
769	769	(1) the chair of the standing substantive committee of
770	770	the senate with primary jurisdiction over border security, or the
771	771	chair's designee;
772	772	(2) the chair of the standing substantive committee of
773	773	the house of representatives with primary jurisdiction over border
774	774	security, or the chair's designee; and
775	775	(3) the heads of the following agencies or their
776	776	designees:
777	777	(A) [(1)] the Texas Department of Rural Affairs;
778	778	(B) [(2)] the Texas Department of Housing and
779	779	Community Affairs;
780	780	(C) [(3)] the Texas Water Development Board;
781	781	(D) [(4)] the Texas Department of
782	782	Transportation;
783	783	(E) [(5)] the Texas Commission on Environmental
784	784	Quality;
785	785	(F) [(6)] the Texas Workforce Commission;
786	786	(G) [(7)] the Department of State Health
787	787	Services;
788	788	(H) [(8)] the Health and Human Services
789	789	Commission;
790	790	(I) [(9)] the General Land Office;
791	791	(J) [(10)] the Texas Economic Development and
792	792	Tourism Office;
793	793	(K) [(11)] the Office of State-Federal
794	794	Relations;
795	795	(L) [(12)] the Texas Higher Education
796	796	Coordinating Board;
797	797	(M) [(13)] the attorney general's office;
798	798	(N) [(14)] the secretary of state's office;
799	799	(O) [(15)] the Department of Public Safety;
800	800	[and]
801	801	(P) [(16)] the Railroad Commission of Texas;
802	802	(Q) the Texas Division of Emergency Management;
803	803	(R) the Texas Alcoholic Beverage Commission; and
804	804	(S) the Texas Military Department.
805	805	ARTICLE 7. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
806	806	EQUIPMENT, AND SERVICES IN THE BORDER REGION
807	807	SECTION 7.01. Chapter 421, Government Code, is amended by
808	808	adding Subchapter G to read as follows:
809	809	SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY
810	810	Sec. 421.111. DEFINITIONS. In this subchapter:
811	811	(1) "Border region" has the meaning assigned by
812	812	Section 772.0071.
813	813	(2) "Local government" means a municipality or county.
814	814	(3) "Office" means the trusteed programs within the
815	815	office of the governor.
816	816	Sec. 421.112. USE OF CERTAIN FUNDS. From money
817	817	appropriated for that purpose, the office, as authorized by Chapter
818	818	418, Government Code, including Subchapter D of that chapter, shall
819	819	make funds available to state agencies and local governments for
820	820	the following purposes:
821	821	(1) the construction and maintenance of facilities
822	822	related to prosecuting and adjudicating offenses committed in the
823	823	border region, including court facilities, processing facilities,
824	824	detention facilities, criminal justice centers, and other similar
825	825	facilities;
826	826	(2) the construction of improvements to an area in the
827	827	immediate vicinity of a port of entry to enhance vehicle inspection
828	828	capabilities and assist in the investigation, interdiction, and
829	829	prosecution of persons smuggling individuals or contraband across
830	830	the Texas-Mexico border; and
831	831	(3) the construction or improvement of roadways and
832	832	similar transportation facilities in the border region that provide
833	833	for detailed monitoring of commercial motor vehicles traveling
834	834	along the roadways and facilities.
835	835	ARTICLE 8. BORDER PROTECTION AGREEMENTS
836	836	SECTION 8.01. Title 7, Government Code, is amended by
837	837	adding Chapter 794 to read as follows:
838	838	CHAPTER 794. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
839	839	STATES
840	840	Sec. 794.001. AUTHORITY FOR AGREEMENTS. On behalf of this
841	841	state, the governor shall coordinate, develop, and execute
842	842	agreements with the United Mexican States and the states of the
843	843	United Mexican States regarding the authority of this state to
844	844	protect and defend its citizens.
845	845	ARTICLE 9. SEVERABILITY; EFFECTIVE DATE
846	846	SECTION 9.01. It is the intent of the legislature that every
847	847	provision, section, subsection, sentence, clause, phrase, or word
848	848	in this Act, and every application of the provisions in this Act to
849	849	every person, group of persons, or circumstances, is severable from
850	850	each other. If any application of any provision in this Act to any
851	851	person, group of persons, or circumstances is found by a court to be
852	852	invalid for any reason, the remaining applications of that
853	853	provision to all other persons and circumstances shall be severed
854	854	and may not be affected.
855	855	SECTION 9.02. This Act takes effect September 1, 2023.
856	856	* * * * *