Texas 2023 - 88th 3rd C.S.

Texas House Bill HB61 Compare Versions

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25	25	of obsolete or outdated technologies.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