S.B. No. 1133
AN ACT
relating to a program to compensate landowners for property damage
caused by certain criminal activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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.
SECTION 2. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1133 passed the Senate on
April 13, 2023, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1133 passed the House on
May 17, 2023, by the following vote: Yeas 144, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor