TX
Texas House Bill HB246

Texas 2025 - 89th Regular

Texas House Bill HB246 Compare Versions

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1-89R15350 JRR-F
2- By: Guillen, Morales of Maverick, Raymond, H.B. No. 246
3- et al.
4- Substitute the following for H.B. No. 246:
5- By: King C.S.H.B. No. 246
1+By: Guillen H.B. No. 246
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73
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106 A BILL TO BE ENTITLED
117 AN ACT
12- relating to a border crime property damage compensation program.
8+ relating to landowner compensation for certain damage to or on
9+ agricultural land caused by certain criminal activities.
1310 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1411 SECTION 1. The heading to Chapter 56C, Code of Criminal
1512 Procedure, is amended to read as follows:
1613 CHAPTER 56C. BORDER CRIME [LANDOWNER COMPENSATION FOR] PROPERTY
1714 DAMAGE COMPENSATION PROGRAM [CAUSED BY CERTAIN CRIMINAL
1815 ACTIVITIES]
19- SECTION 2. Article 56C.001(2), Code of Criminal Procedure,
20- is amended to read as follows:
16+ SECTION 2. Article 56C.001, Code of Criminal Procedure, is
17+ amended by amending Subdivision (2) and adding Subdivision (2-a) to
18+ read as follows:
2119 (2) "Border crime" means conduct:
2220 (A) constituting an offense under:
2321 (i) Subchapter D, Chapter 481, Health and
2422 Safety Code;
2523 (ii) Section 20.05, 20.06, or 38.04, Penal
2624 Code; or
2725 (iii) Chapter 20A, Penal Code; and
2826 (B) involving transnational criminal activity.
29- SECTION 3. Article 56C.003, Code of Criminal Procedure, is
30- amended to read as follows:
27+ (2-a) "Border region" has the meaning assigned by
28+ Section 772.0071, Government Code.
29+ SECTION 3. The heading to Article 56C.003, Code of Criminal
30+ Procedure, is amended to read as follows:
3131 Art. 56C.003. BORDER CRIME PROPERTY DAMAGE [LANDOWNER]
32- COMPENSATION PROGRAM. (a) From the funding sources described by
33- Subsection (a-1) [money appropriated for the purpose], the attorney
34- general shall establish and administer a program to compensate
35- landowners and lessees who suffer [real property] damage to
32+ COMPENSATION PROGRAM.
33+ SECTION 4. Article 56C.003, Code of Criminal Procedure, is
34+ amended by amending Subsections (a), (b), (c), and (d) and adding
35+ Subsections (a-1) and (b-1) to read as follows:
36+ (a) From the funding sources described by Subsection (a-1)
37+ [money appropriated for the purpose], the attorney general shall
38+ establish and administer a program to compensate:
39+ (1) landowners and lessees who suffer damage to
3640 agricultural land, including buildings or other improvements, or to
37- livestock, timber, or crops on agricultural land, caused by:
38- (1) a trespasser as a result of an offense under
39- Chapter 28, Penal Code, that was committed in the course of or in
40- furtherance of a border crime; or
41- (2) a law enforcement response to a trespasser who was
42- engaged in a border crime.
41+ livestock, game, timber, or crops [real property damage] on
42+ agricultural land caused by:
43+ (A) [(1)] a trespasser as a result of an offense
44+ under Chapter 28, Penal Code, that was committed in the course of or
45+ in furtherance of a border crime; or
46+ (B) [(2)] a law enforcement response to a
47+ trespasser who was engaged in a border crime; and
48+ (2) persons residing in the border region who suffer
49+ real or personal property damage caused by a person described by
50+ Subdivision (1)(A) or (B).
4351 (a-1) The attorney general may use money from the following
4452 sources to establish the program described by Subsection (a):
4553 (1) money appropriated, credited, or transferred by
4654 the legislature for purposes of the program;
4755 (2) revenue that the legislature by statute dedicates
48- for deposit to the credit of the program; and
56+ for deposit to the credit of the program;
4957 (3) gifts, grants, and donations received by the state
5058 for purposes of the program, including grants and reimbursements
51- received from the federal government.
59+ received from the federal government; and
60+ (4) proceeds received under Article 59.06(v).
5261 (b) The attorney general shall establish:
5362 (1) a standardized form and report template to be used
54- by law enforcement agencies for the purpose of documenting damage
55- caused by a trespasser in accordance with Subsection (c);
63+ by law enforcement agencies for the purpose of Subsection (c);
5664 (2) eligibility criteria for compensation under this
5765 article, including requirements for providing proof of eligibility
5866 for compensation;
5967 (3) [(2)] application procedures;
6068 (4) [(3)] criteria for evaluating applications and
6169 awarding compensation;
6270 (5) [(4)] guidelines related to compensation amounts,
6371 provided that the maximum amount awarded per incident causing
64- damage may not exceed a total of $75,000 and any portion of damages
65- attributable to livestock, timber, or crops may not exceed $10,000;
66- and
72+ damage may not exceed $75,000; and
6773 (6) [(5)] procedures for monitoring the use of
6874 compensation awarded under this article and ensuring compliance
6975 with any conditions of the award.
7076 (b-1) For purposes of Subsection (a), damage caused to
7177 agricultural land includes any debris, pollutants, or contaminants
7278 left on the land during the applicable incident, and compensation
73- awarded under this article may include an amount necessary to clean
74- up the debris, pollutants, or contaminants to restore the soil to
75- its agricultural use.
79+ awarded under this article may include an amount necessary to
80+ restore the soil to its agricultural use.
7681 (c) The attorney general may not award compensation under
77- this article for [real property] damage caused by a trespasser
78- described by Subsection (a)(1) unless the damage is documented in a
79- written report by a law enforcement agency as having occurred in
82+ this article for [real] property damage caused by a trespasser
83+ [described by Subsection (a)(1)] unless the damage is documented in
84+ a written report by a law enforcement agency as having occurred in
8085 connection with a border crime.
81- (c-1) For purposes of allowing the attorney general to
82- determine whether a person qualifies for an award of compensation
83- under this article and the extent of the damage, a law enforcement
84- agency that makes a written report described by Subsection (c)
85- shall release the report to the attorney general not later than the
86- 14th day after the date the attorney general makes a request to the
87- agency for the report.
88- (d) In awarding compensation under this article for [real
89- property] damage caused by a trespasser described by Subsection
90- (a)(1), the attorney general may not consider the outcome of any
91- criminal prosecution arising out of:
92- (1) the offense under Chapter 28, Penal Code, as a
93- result of which the applicant suffered [property] damage; or
94- (2) the applicable offense listed in Article
95- 56C.001(2)(A).
96- SECTION 4. Article 56C.006(a), Code of Criminal Procedure,
86+ (d) In awarding compensation under this article for [real]
87+ property damage caused by a trespasser [described by Subsection
88+ (a)(1)], the attorney general may not consider the outcome of any
89+ criminal prosecution arising out of the offense under Chapter 28,
90+ Penal Code, as a result of which the applicant suffered [property]
91+ damage or the applicable offense listed in Article 56C.001(2)(A).
92+ SECTION 5. Article 56C.006(a), Code of Criminal Procedure,
9793 is amended to read as follows:
9894 (a) The program established under Article 56C.003 is a payer
9995 of last resort for [real property] damage described by that
10096 article.
101- SECTION 5. Sections 552.132(a), (b), (c), and (d),
102- Government Code, are amended to read as follows:
103- (a) Except as provided by Subsection (d), in this section,
104- "crime victim or claimant" means:
105- (1) a victim or claimant under Chapter 56B, Code of
106- Criminal Procedure, who has filed an application for compensation
107- under that chapter; or
108- (2) a person who has filed an application for
109- compensation under Chapter 56C, Code of Criminal Procedure.
110- (b) The following information held by [the crime victim's
111- compensation division of] the attorney general's office in
112- connection with an application for compensation under Chapter 56B
113- or 56C, Code of Criminal Procedure, is confidential:
114- (1) the name, social security number, address, or
115- telephone number of a crime victim or claimant; or
116- (2) any other information the disclosure of which
117- would identify or tend to identify the crime victim or claimant.
118- (c) If the crime victim or claimant is awarded compensation
119- under Article 56B.103, [or] 56B.104, or 56C.003, Code of Criminal
120- Procedure, as of the date of the award of compensation, the name of
121- the crime victim or claimant and the amount of compensation awarded
122- to that crime victim or claimant are public information and are not
123- excepted from the requirements of Section 552.021.
124- (d) An employee of a governmental body who is also a victim
125- under Chapter 56B, Code of Criminal Procedure, or has suffered
126- property damage for which the employee is eligible for compensation
127- under Chapter 56C of that code, regardless of whether the employee
128- has filed an application for compensation under the applicable
129- [that] chapter, may elect whether to allow public access to
130- information held by the attorney general's office or other
131- governmental body that would identify or tend to identify the
132- employee [victim], including a photograph or other visual
133- representation of the employee [victim]. An election under this
134- subsection must be made in writing on a form developed by the
135- governmental body, be signed by the employee, and be filed with the
136- governmental body before the third anniversary of the latest to
137- occur of one of the following:
138- (1) the date the crime was committed or the property
139- damage occurred, as applicable;
140- (2) the date employment begins; or
141- (3) the date the governmental body develops the form
142- and provides it to employees.
143- SECTION 6. Section 2251.052, Insurance Code, is amended by
144- adding Subsection (a-1) to read as follows:
145- (a-1) In setting rates, an insurer may not consider whether
146- a claim has been made by or on behalf of a policyholder in relation
147- to an event documented by a report described by Article 56C.003(c),
148- Code of Criminal Procedure.
149- SECTION 7. Article 56C.007, Code of Criminal Procedure, is
97+ SECTION 6. Article 59.06(t)(1), Code of Criminal Procedure,
98+ is amended to read as follows:
99+ (t)(1) This subsection applies only to contraband for which
100+ forfeiture is authorized with respect to an offense under Section
101+ [20.05, 20.06,] 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code.
102+ SECTION 7. Article 59.06, Code of Criminal Procedure, is
103+ amended by adding Subsection (v) to read as follows:
104+ (v) Notwithstanding any other provision of this article,
105+ with respect to forfeited property seized in connection with an
106+ offense under Section 20.05 or 20.06, Penal Code, in a proceeding
107+ under Article 59.05 in which judgment is rendered in favor of the
108+ state, the balance of the proceeds from the sale of forfeited
109+ property under Subsection (a), after all required distributions
110+ under Subsections (a)(1) and (2) and deductions under Subsection
111+ (a)(3) are made, shall be transferred to the credit of an account in
112+ the general revenue fund to be administered by the comptroller and
113+ may be appropriated only to the attorney general for the purpose of
114+ administering the border crime property damage compensation
115+ program under Chapter 56C.
116+ SECTION 8. Section 544.553, Insurance Code, is amended by
117+ adding Subsection (3) to read as follows:
118+ (1) use an underwriting guideline based solely on
119+ whether a consumer inquiry has been made by or on behalf of the
120+ applicant or insured; or
121+ (2) charge a rate that is different from the rate
122+ charged to other individuals for the same coverage or increase a
123+ rate charged to an insured based solely on whether a consumer
124+ inquiry has been made by or on behalf of the applicant or insured;
125+ or
126+ (3) increase a rate charged to an insured based solely
127+ on whether a claim, as defined by Sec. 542.006 (a), has been made by
128+ or on behalf of the applicant or insured in relation to an event
129+ documented by a report under Article 56C.003(c), Code of Criminal
130+ Procedure.
131+ SECTION 9. Article 56C.007, Code of Criminal Procedure, is
150132 repealed.
151- SECTION 8. Chapter 56C, Code of Criminal Procedure, as
152- amended by this Act, applies only to compensation for damages
153- incurred in connection with conduct constituting an offense
154- occurring on or after the effective date of this Act. Compensation
155- for damages incurred in connection with conduct constituting an
156- offense occurring before the effective date of this Act is governed
157- by the law in effect on the date the conduct occurred, and the
158- former law is continued in effect for that purpose. For purposes of
159- this section, conduct constituting an offense occurred before the
160- effective date of this Act if any element of the offense occurred
161- before that date.
162- SECTION 9. Section 2251.052(a-1), Insurance Code, as added
163- by this Act, applies only to an insurance policy that is delivered,
164- issued for delivery, or renewed on or after January 1, 2026. A
165- policy delivered, issued for delivery, or renewed before January 1,
166- 2026, is governed by the law as it existed immediately before the
167- effective date of this Act, and that law is continued in effect for
168- that purpose.
169- SECTION 10. This Act takes effect September 1, 2025.
133+ SECTION 10. The change in law made by this Act applies only
134+ to compensation for damages incurred in connection with conduct
135+ constituting an offense occurring on or after the effective date of
136+ this Act. Compensation for damages incurred in connection with
137+ conduct constituting an offense occurring before the effective date
138+ of this Act is governed by the law in effect on the date the conduct
139+ occurred, and the former law is continued in effect for that
140+ purpose. For purposes of this section, conduct constituting an
141+ offense occurred before the effective date of this Act if any
142+ element of the offense occurred before that date.
143+ SECTION 11. This Act takes effect September 1, 2025.