Texas 2025 - 89th Regular

Texas House Bill HB133 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R20184 MZM-D
2		-	By: Lopez of Cameron, Bonnen, Hefner, H.B. No. 133
3		-	Guillen, et al.
4		-	Substitute the following for H.B. No. 133:
5		-	By: Hefner C.S.H.B. No. 133
	1	+	89R4518 MZM-D
	2	+	By: Lopez of Cameron H.B. No. 133
6	3
7	4
8	5
9	6
10	7		A BILL TO BE ENTITLED
11	8		AN ACT
12	9		relating to creating the criminal offenses of transnational
13	10		repression and unauthorized enforcement of foreign law and to a
14	11		study and law enforcement training regarding transnational
15	12		repression.
16	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	14		SECTION 1. Chapter 76, Penal Code, is amended by adding
18	15		Sections 76.045 and 76.046 to read as follows:
19	16		Sec. 76.045. TRANSNATIONAL REPRESSION. (a) In this
20	17		section:
21	18		(1) "Agent of a foreign government or foreign
22	19		terrorist organization" means a person acting on behalf of or
23	20		otherwise employed or controlled by a foreign government or foreign
24	21		terrorist organization.
25	22		(2) "Foreign terrorist organization" has the meaning
26	23		assigned by Section 71.01.
27	24		(3) "Protected conduct" means any speech or expressive
28	25		conduct protected by the First Amendment to the United States
29	26		Constitution or by Section 8, Article I, Texas Constitution.
30	27		(b) A person commits an offense if:
31	28		(1) the person commits or conspires to commit an
32	29		offense under:
33		-	(A) Section 20A.02;
34		-	(B) Section 22.01;
35		-	(C) Section 22.02;
36		-	(D) Section 42.07;
37		-	(E) Section 42.072; or
38		-	(F) Section 43.05;
	30	+	(A) Section 22.01;
	31	+	(B) Section 22.02;
	32	+	(C) Section 42.07; or
	33	+	(D) Section 42.072;
39	34		(2) the person commits or conspires to commit an
40	35		offense described by Subdivision (1) with the intent to:
41	36		(A) cause another person to act on behalf of a
42	37		foreign government or a foreign terrorist organization;
43		-	(B) cause another person to leave ~~or be confined~~
44		-	~~in the United~~ States;
	38	+	(B) cause another person to leave the United
	39	+	States;
45	40		(C) discourage another person from engaging in
46	41		protected conduct; or
47	42		(D) retaliate against another person for
48	43		engaging in protected conduct; and
49	44		(3) the person commits or conspires to commit that
50	45		offense as an agent of a foreign government or foreign terrorist
51	46		organization.
52	47		(c) An offense under this section is one category higher
53	48		than the most serious offense listed in Subsection (b)(1) that was
54		-	committed or conspired to be committed, except that if the most
55		-	serious offense is a felony of the first degree, the offense under
56		-	this section is a felony of the first degree with a minimum term of
57		-	confinement of 15 years.
	49	+	committed or conspired to be committed, except that:
	50	+	(1) if the most serious offense is a Class A
	51	+	misdemeanor, the offense under this section is a Class A
	52	+	misdemeanor with a minimum term of confinement of 180 days; and
	53	+	(2) if the most serious offense is a felony of the
	54	+	first degree, the offense under this section is a felony of the
	55	+	first degree with a minimum term of confinement of 15 years.
58	56		Sec. 76.046. UNAUTHORIZED ENFORCEMENT OF FOREIGN LAW. (a)
59	57		In this section, "agent of a foreign government or foreign
60	58		terrorist organization" has the meaning assigned by Section 76.045.
61	59		(b) A person commits an offense if, as an agent of a foreign
62	60		government or foreign terrorist organization, the person, without
63	61		the approval of this state or the United States:
64	62		(1) prevents another person in this state from
65	63		violating the laws of a foreign government; or
66	64		(2) detects, investigates, monitors, or surveilles
67	65		another person in this state for the purpose of preventing the other
68	66		person from violating the laws of a foreign government.
69	67		(c) An offense under this section is a felony of the second
70	68		degree.
71	69		SECTION 2. Subchapter A, Chapter 411, Government Code, is
72	70		amended by adding Section 411.02098 to read as follows:
73	71		Sec. 411.02098. TRANSNATIONAL REPRESSION TRAINING PROGRAM.
74	72		(a) In this section:
75	73		(1) "Agent of a foreign government or foreign
76	74		terrorist organization" and "agent" mean a person acting on behalf
77	75		of or otherwise employed or controlled by a foreign government or
78	76		foreign terrorist organization.
79	77		(2) "Foreign terrorist organization" has the meaning
80	78		assigned by Section 71.01, Penal Code.
81	79		(3) "Peace officer" means an individual described by
82	80		Article 2A.001, Code of Criminal Procedure.
83	81		(4) "Transnational repression" means conduct
84	82		described by Section 76.045(b), Penal Code.
85		-	(b) The department ~~shall develop a training program for~~
86		-	peace officers regarding ~~transnational repression. The training~~
87		-	program must:
	83	+	(b) The criminal investigations division of the department
	84	+	shall develop a training program for peace officers regarding
	85	+	transnational repression. The training program must:
88	86		(1) prepare peace officers to:
89	87		(A) identify transnational repression;
90	88		(B) develop practices for preventing, reporting,
91	89		and responding to transnational repression; and
92	90		(C) recognize communities targeted by
93	91		transnational repression and misinformation that may be
94	92		perpetuated by an agent of a foreign government or foreign
95	93		terrorist organization; and
96	94		(2) include information about foreign governments and
97	95		foreign terrorist organizations that are frequently involved in
98	96		transnational repression and the methods those governments and
99	97		organizations use.
100		-	(c) The ~~department~~ shall regularly ~~update the training~~
101		-	under Subsection (b) to address emerging ~~threats and new~~
102		-	transnational repression methods used by agents of ~~a foreign~~
103		-	government or foreign terrorist organization.
104		-	SECTION 3. (a) The ~~Department of Public Safety~~ of the ~~State~~
105		-	of Texas, in collaboration ~~with the office of the governor, shall~~
106		-	conduct a study on the threat ~~of transnational repression, as that~~
107		-	conduct is described by ~~Section 76.045(b), Penal Code, as added by~~
108		-	this Act. Not later than ~~March 1, 2026, the Department of Public~~
109		-	Safety shall prepare and ~~submit to each member of the legislature a~~
110		-	report on the conclusions ~~of the study and any recommendations for~~
111		-	legislative or other ~~action to reduce the threat of transnational~~
112		-	repression.
	98	+	(c) The criminal investigations division shall regularly
	99	+	update the training under Subsection (b) to address emerging
	100	+	threats and new transnational repression methods used by agents of
	101	+	a foreign government or foreign terrorist organization.
	102	+	SECTION 3. (a) The criminal investigations division of the
	103	+	Department of Public Safety of the State of Texas, in collaboration
	104	+	with the office of the governor, shall conduct a study on the threat
	105	+	of transnational repression, as that conduct is described by
	106	+	Section 76.045(b), Penal Code, as added by this Act. Not later than
	107	+	March 1, 2026, the Department of Public Safety shall prepare and
	108	+	submit to each member of the legislature a report on the conclusions
	109	+	of the study and any recommendations for legislative or other
	110	+	action to reduce the threat of transnational repression.
113	111		(b) This section expires April 1, 2026.
114		-	SECTION 4. Not later than April 1, 2026, the Department of
115		-	Public Safety shall develop the training required by Section
116		-	411.02098, Government Code, as added by this Act.
	112	+	SECTION 4. Not later than April 1, 2026, the criminal
	113	+	investigations division of the Department of Public Safety shall
	114	+	develop the training required by Section 411.02098, Government
	115	+	Code, as added by this Act.
117	116		SECTION 5. This Act takes effect September 1, 2025.