Texas 2023 - 88th Regular

Texas Senate Bill SB1133 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1133
2	2
3	3
4	4	AN ACT
5	5	relating to a program to compensate landowners for property damage
6	6	caused by certain criminal activities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Title 1, Code of Criminal Procedure, is amended
9	9	by adding Chapter 56C to read as follows:
10	10	CHAPTER 56C. LANDOWNER COMPENSATION FOR PROPERTY DAMAGE CAUSED BY
11	11	CERTAIN CRIMINAL ACTIVITIES
12	12	Art. 56C.001. DEFINITIONS. In this chapter:
13	13	(1) "Agricultural land" includes any land the use of
14	14	which qualifies the land for appraisal based on agricultural use as
15	15	defined under Subchapter D, Chapter 23, Tax Code.
16	16	(2) "Border crime" means conduct:
17	17	(A) constituting an offense under:
18	18	(i) Subchapter D, Chapter 481, Health and
19	19	Safety Code;
20	20	(ii) Section 20.05 or 38.04, Penal Code; or
21	21	(iii) Chapter 20A, Penal Code; and
22	22	(B) involving transnational criminal activity.
23	23	(3) "Trespasser" has the meaning assigned by Section
24	24	75.007, Civil Practice and Remedies Code.
25	25	Art. 56C.002. ADMINISTRATION; RULES. (a) The attorney
26	26	general shall adopt rules to administer this chapter.
27	27	(b) Subchapters A and B, Chapter 2001, Government Code,
28	28	except Sections 2001.004(3) and 2001.005, apply to the attorney
29	29	general.
30	30	(c) The attorney general may delegate to a person in the
31	31	attorney general's office a power or duty given to the attorney
32	32	general under this chapter.
33	33	Art. 56C.003. LANDOWNER COMPENSATION PROGRAM. (a) From
34	34	money appropriated for the purpose, the attorney general shall
35	35	establish and administer a program to compensate landowners who
36	36	suffer real property damage on agricultural land caused by:
37	37	(1) a trespasser as a result of an offense under
38	38	Chapter 28, Penal Code, that was committed in the course of or in
39	39	furtherance of a border crime; or
40	40	(2) a law enforcement response to a trespasser who was
41	41	engaged in a border crime.
42	42	(b) The attorney general shall establish:
43	43	(1) eligibility criteria for compensation under this
44	44	article, including requirements for providing proof of eligibility
45	45	for compensation;
46	46	(2) application procedures;
47	47	(3) criteria for evaluating applications and awarding
48	48	compensation;
49	49	(4) guidelines related to compensation amounts,
50	50	provided that the maximum amount awarded per incident causing
51	51	damage may not exceed $75,000; and
52	52	(5) procedures for monitoring the use of compensation
53	53	awarded under this article and ensuring compliance with any
54	54	conditions of the award.
55	55	(c) The attorney general may not award compensation under
56	56	this article for real property damage caused by a trespasser
57	57	described by Subsection (a)(1) unless the damage is documented in a
58	58	written report by a law enforcement agency as having occurred in
59	59	connection with a border crime.
60	60	(d) In awarding compensation under this article for real
61	61	property damage caused by a trespasser described by Subsection
62	62	(a)(1), the attorney general may not consider the outcome of any
63	63	criminal prosecution arising out of the offense under Chapter 28,
64	64	Penal Code, as a result of which the applicant suffered property
65	65	damage or the applicable offense listed in Article 56C.001(2)(A).
66	66	Art. 56C.004. HEARINGS AND PREHEARING CONFERENCES. (a) The
67	67	attorney general shall determine whether a hearing on an
68	68	application for compensation under this chapter is necessary.
69	69	(b) On determining that a hearing is not necessary, the
70	70	attorney general may approve the application.
71	71	(c) On determining that a hearing is necessary or on request
72	72	for a hearing by the applicant, the attorney general shall consider
73	73	the application at a hearing at a time and place of the attorney
74	74	general's choosing. The attorney general shall notify all
75	75	interested persons not later than the 10th day before the date of
76	76	the hearing.
77	77	(d) At the hearing the attorney general shall:
78	78	(1) review the application for compensation; and
79	79	(2) receive other evidence that the attorney general
80	80	finds necessary or desirable to evaluate the application properly.
81	81	(e) The attorney general may appoint hearing officers to
82	82	conduct hearings or prehearing conferences under this chapter.
83	83	(f) A hearing or prehearing conference is open to the public
84	84	unless the hearing officer or attorney general determines in a
85	85	particular case that all or part of the hearing or conference should
86	86	be held in private because a private hearing or conference is in the
87	87	interest of the applicant.
88	88	(g) Subchapters C through H, Chapter 2001, Government Code,
89	89	do not apply to the attorney general or the attorney general's
90	90	orders and decisions.
91	91	Art. 56C.005. ANNUAL REPORT. Not later than the 100th day
92	92	after the end of each state fiscal year, the attorney general shall
93	93	submit to the governor and the legislature a report on the attorney
94	94	general's activities under this chapter during the preceding fiscal
95	95	year that includes the following information, disaggregated by each
96	96	offense listed in Article 56C.001(2)(A):
97	97	(1) the number of applications made;
98	98	(2) the number of applicants receiving compensation;
99	99	and
100	100	(3) the amount of compensation awarded.
101	101	Art. 56C.006. PAYER OF LAST RESORT. (a) The program
102	102	established under Article 56C.003 is a payer of last resort for real
103	103	property damage described by that article.
104	104	(b) The attorney general may not award compensation to an
105	105	applicant under Article 56C.003 if the attorney general determines
106	106	that the applicant:
107	107	(1) is eligible for reimbursement from another source,
108	108	including under an insurance contract or a state, local, or federal
109	109	program; and
110	110	(2) failed to seek reimbursement from the source
111	111	described by Subdivision (1).
112	112	Art. 56C.007. EXPIRATION OF CHAPTER. This chapter expires
113	113	on the second anniversary of the date that all money appropriated
114	114	for the program established under this chapter has been expended.
115	115	SECTION 2. This Act takes effect September 1, 2023.
116	116	______________________________ ______________________________
117	117	President of the Senate Speaker of the House
118	118	I hereby certify that S.B. No. 1133 passed the Senate on
119	119	April 13, 2023, by the following vote: Yeas 30, Nays 0.
120	120	______________________________
121	121	Secretary of the Senate
122	122	I hereby certify that S.B. No. 1133 passed the House on
123	123	May 17, 2023, by the following vote: Yeas 144, Nays 0, one
124	124	present not voting.
125	125	______________________________
126	126	Chief Clerk of the House
127	127	Approved:
128	128	______________________________
129	129	Date
130	130	______________________________
131	131	Governor