1 | 1 | | 89R4872 JRR-D |
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2 | 2 | | By: Luther H.B. No. 1947 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to civil and criminal liability for engaging in certain |
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10 | 10 | | conduct involving a critical infrastructure facility; creating |
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11 | 11 | | criminal offenses. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 424.001, Government Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | Sec. 424.001. DEFINITIONS [DEFINITION]. In this |
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16 | 16 | | chapter: |
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17 | 17 | | (1) "Critical [, "critical] infrastructure facility" |
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18 | 18 | | has the meaning assigned by Section 423.0045(a)(1-a) and also |
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19 | 19 | | includes: |
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20 | 20 | | (A) [(1)] any pipeline transporting oil or gas or |
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21 | 21 | | the products or constituents of oil or gas; |
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22 | 22 | | (B) [(2)] a public or private airport depicted in |
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23 | 23 | | any current aeronautical chart published by the Federal Aviation |
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24 | 24 | | Administration; |
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25 | 25 | | (C) [(3)] a military installation owned or |
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26 | 26 | | operated by or for the federal government, this state, or another |
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27 | 27 | | governmental entity; |
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28 | 28 | | (D) a semiconductor wafer manufacturing |
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29 | 29 | | facility; and |
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30 | 30 | | (E) [(4)] a facility or pipeline described by |
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31 | 31 | | this section that is under construction and all equipment and |
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32 | 32 | | appurtenances used during that construction. |
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33 | 33 | | (2) "Semiconductor wafer manufacturing facility" |
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34 | 34 | | means a manufacturing facility that includes any of the following |
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35 | 35 | | processes with respect to semiconductor production: |
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36 | 36 | | (A) growing single-crystal ingots or boules; |
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37 | 37 | | (B) wafer slicing; |
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38 | 38 | | (C) etching and polishing; |
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39 | 39 | | (D) bonding; |
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40 | 40 | | (E) cleaning; |
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41 | 41 | | (F) epitaxial deposition; or |
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42 | 42 | | (G) metrology. |
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43 | 43 | | SECTION 2. Section 424.051(a), Government Code, is amended |
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44 | 44 | | to read as follows: |
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45 | 45 | | (a) A person commits an offense if, without the effective |
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46 | 46 | | consent of the owner, the person: |
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47 | 47 | | (1) enters or remains on or in a critical |
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48 | 48 | | infrastructure facility and intentionally or knowingly damages or |
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49 | 49 | | destroys the facility; or |
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50 | 50 | | (2) intentionally or knowingly disturbs the physical |
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51 | 51 | | environment, including increasing ground or subterranean vibration |
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52 | 52 | | levels, within 15 miles of a critical infrastructure facility and |
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53 | 53 | | the disturbance damages or destroys the facility. |
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54 | 54 | | SECTION 3. Section 424.052(a), Government Code, is amended |
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55 | 55 | | to read as follows: |
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56 | 56 | | (a) A person commits an offense if, without the effective |
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57 | 57 | | consent of the owner, the person: |
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58 | 58 | | (1) enters or remains on or in a critical |
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59 | 59 | | infrastructure facility and intentionally or knowingly impairs or |
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60 | 60 | | interrupts the operation of the facility; or |
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61 | 61 | | (2) intentionally or knowingly disturbs the physical |
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62 | 62 | | environment, including increasing ground or subterranean vibration |
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63 | 63 | | levels, within 15 miles of a critical infrastructure facility and |
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64 | 64 | | the disturbance impairs or interrupts the operation of the |
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65 | 65 | | facility. |
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66 | 66 | | SECTION 4. Section 424.053(a), Government Code, is amended |
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67 | 67 | | to read as follows: |
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68 | 68 | | (a) A person commits an offense if, without the effective |
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69 | 69 | | consent of the owner, the person: |
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70 | 70 | | (1) enters or remains on or in a critical |
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71 | 71 | | infrastructure facility with the intent to damage or destroy the |
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72 | 72 | | facility; or |
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73 | 73 | | (2) disturbs the physical environment, including |
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74 | 74 | | increasing ground or subterranean vibration levels, within 15 miles |
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75 | 75 | | of a critical infrastructure facility with the intent to damage or |
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76 | 76 | | destroy the facility. |
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77 | 77 | | SECTION 5. Section 424.054(a), Government Code, is amended |
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78 | 78 | | to read as follows: |
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79 | 79 | | (a) A person commits an offense if, without the effective |
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80 | 80 | | consent of the owner, the person: |
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81 | 81 | | (1) enters or remains on or in a critical |
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82 | 82 | | infrastructure facility with the intent to impair or interrupt the |
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83 | 83 | | operation of the facility; or |
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84 | 84 | | (2) disturbs the physical environment, including |
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85 | 85 | | increasing ground or subterranean vibration levels, within 15 miles |
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86 | 86 | | of a critical infrastructure facility with the intent to impair or |
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87 | 87 | | interrupt the operation of the facility. |
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88 | 88 | | SECTION 6. Section 424.055, Government Code, is amended to |
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89 | 89 | | read as follows: |
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90 | 90 | | Sec. 424.055. PUNISHMENT FOR CORPORATIONS AND |
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91 | 91 | | ASSOCIATIONS. Notwithstanding Section 12.51, Penal Code, a court |
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92 | 92 | | shall sentence a corporation or association adjudged guilty of an |
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93 | 93 | | offense under this subchapter to pay a fine not to exceed $1 billion |
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94 | 94 | | [$500,000]. |
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95 | 95 | | SECTION 7. Section 424.102, Government Code, is amended to |
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96 | 96 | | read as follows: |
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97 | 97 | | Sec. 424.102. CERTAIN ADDITIONAL LIABILITY. In addition to |
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98 | 98 | | any liability under Section 424.101, an organization that, acting |
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99 | 99 | | through an officer, director, or other person serving in a |
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100 | 100 | | managerial capacity, knowingly compensates a person for engaging in |
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101 | 101 | | conduct occurring on the premises of a critical infrastructure |
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102 | 102 | | facility, or for disturbing the physical environment within 15 |
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103 | 103 | | miles of a critical infrastructure facility, is liable to the |
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104 | 104 | | property owner, as provided by this subchapter, for damages arising |
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105 | 105 | | from the conduct if the conduct constituted an offense under |
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106 | 106 | | Section 424.051, 424.052, 424.053, or 424.054. |
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107 | 107 | | SECTION 8. (a) The changes in law made by this Act to |
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108 | 108 | | Chapter 424, Government Code, apply only to an offense committed on |
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109 | 109 | | or after the effective date of this Act. An offense committed |
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110 | 110 | | before the effective date of this Act is governed by the law in |
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111 | 111 | | effect on the date the offense was committed, and the former law is |
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112 | 112 | | continued in effect for that purpose. For purposes of this |
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113 | 113 | | subsection, an offense was committed before the effective date of |
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114 | 114 | | this Act if any element of the offense was committed before that |
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115 | 115 | | date. |
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116 | 116 | | (b) The changes in law made by this Act to Chapter 424, |
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117 | 117 | | Government Code, apply only to a cause of action that accrues on or |
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118 | 118 | | after the effective date of this Act. A cause of action that |
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119 | 119 | | accrues before the effective date of this Act is governed by the law |
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120 | 120 | | in effect on the date the cause of action accrued, and the former |
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121 | 121 | | law is continued in effect for that purpose. |
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122 | 122 | | SECTION 9. This Act takes effect September 1, 2025. |
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