By: Guillen H.B. No. 246
A BILL TO BE ENTITLED
AN ACT
relating to landowner compensation for certain damage to or on
agricultural land caused by certain criminal activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 56C, Code of Criminal
Procedure, is amended to read as follows:
CHAPTER 56C. BORDER CRIME [LANDOWNER COMPENSATION FOR] PROPERTY
DAMAGE COMPENSATION PROGRAM [CAUSED BY CERTAIN CRIMINAL
ACTIVITIES]
SECTION 2. Article 56C.001, Code of Criminal Procedure, is
amended by amending Subdivision (2) and adding Subdivision (2-a) to
read as follows:
(2) "Border crime" means conduct:
(A) constituting an offense under:
(i) Subchapter D, Chapter 481, Health and
Safety Code;
(ii) Section 20.05, 20.06, or 38.04, Penal
Code; or
(iii) Chapter 20A, Penal Code; and
(B) involving transnational criminal activity.
(2-a) "Border region" has the meaning assigned by
Section 772.0071, Government Code.
SECTION 3. The heading to Article 56C.003, Code of Criminal
Procedure, is amended to read as follows:
Art. 56C.003. BORDER CRIME PROPERTY DAMAGE [LANDOWNER]
COMPENSATION PROGRAM.
SECTION 4. Article 56C.003, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), (c), and (d) and adding
Subsections (a-1) and (b-1) to read as follows:
(a) From the funding sources described by Subsection (a-1)
[money appropriated for the purpose], the attorney general shall
establish and administer a program to compensate:
(1) landowners and lessees who suffer damage to
agricultural land, including buildings or other improvements, or to
livestock, game, timber, or crops [real property damage] on
agricultural land caused by:
(A) [(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
(B) [(2)] a law enforcement response to a
trespasser who was engaged in a border crime; and
(2) persons residing in the border region who suffer
real or personal property damage caused by a person described by
Subdivision (1)(A) or (B).
(a-1) The attorney general may use money from the following
sources to establish the program described by Subsection (a):
(1) money appropriated, credited, or transferred by
the legislature for purposes of the program;
(2) revenue that the legislature by statute dedicates
for deposit to the credit of the program;
(3) gifts, grants, and donations received by the state
for purposes of the program, including grants and reimbursements
received from the federal government; and
(4) proceeds received under Article 59.06(v).
(b) The attorney general shall establish:
(1) a standardized form and report template to be used
by law enforcement agencies for the purpose of Subsection (c);
(2) eligibility criteria for compensation under this
article, including requirements for providing proof of eligibility
for compensation;
(3) [(2)] application procedures;
(4) [(3)] criteria for evaluating applications and
awarding compensation;
(5) [(4)] guidelines related to compensation amounts,
provided that the maximum amount awarded per incident causing
damage may not exceed $75,000; and
(6) [(5)] procedures for monitoring the use of
compensation awarded under this article and ensuring compliance
with any conditions of the award.
(b-1) For purposes of Subsection (a), damage caused to
agricultural land includes any debris, pollutants, or contaminants
left on the land during the applicable incident, and compensation
awarded under this article may include an amount necessary to
restore the soil to its agricultural use.
(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).
SECTION 5. Article 56C.006(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The program established under Article 56C.003 is a payer
of last resort for [real property] damage described by that
article.
SECTION 6. Article 59.06(t)(1), Code of Criminal Procedure,
is amended to read as follows:
(t)(1) This subsection applies only to contraband for which
forfeiture is authorized with respect to an offense under Section
[20.05, 20.06,] 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code.
SECTION 7. Article 59.06, Code of Criminal Procedure, is
amended by adding Subsection (v) to read as follows:
(v) Notwithstanding any other provision of this article,
with respect to forfeited property seized in connection with an
offense under Section 20.05 or 20.06, Penal Code, in a proceeding
under Article 59.05 in which judgment is rendered in favor of the
state, the balance of the proceeds from the sale of forfeited
property under Subsection (a), after all required distributions
under Subsections (a)(1) and (2) and deductions under Subsection
(a)(3) are made, shall be transferred to the credit of an account in
the general revenue fund to be administered by the comptroller and
may be appropriated only to the attorney general for the purpose of
administering the border crime property damage compensation
program under Chapter 56C.
SECTION 8. Section 544.553, Insurance Code, is amended by
adding Subsection (3) to read as follows:
(1) use an underwriting guideline based solely on
whether a consumer inquiry has been made by or on behalf of the
applicant or insured; or
(2) charge a rate that is different from the rate
charged to other individuals for the same coverage or increase a
rate charged to an insured based solely on whether a consumer
inquiry has been made by or on behalf of the applicant or insured;
or
(3) increase a rate charged to an insured based solely
on whether a claim, as defined by Sec. 542.006 (a), has been made by
or on behalf of the applicant or insured in relation to an event
documented by a report under Article 56C.003(c), Code of Criminal
Procedure.
SECTION 9. Article 56C.007, Code of Criminal Procedure, is
repealed.
SECTION 10. The change in law made by this Act applies only
to compensation for damages incurred in connection with conduct
constituting an offense occurring on or after the effective date of
this Act. Compensation for damages incurred in connection with
conduct constituting an offense occurring before the effective date
of this Act is governed by the law in effect on the date the conduct
occurred, and the former law is continued in effect for that
purpose. For purposes of this section, conduct constituting an
offense occurred before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 11. This Act takes effect September 1, 2025.