89R4518 MZM-D
By: Lopez of Cameron H.B. No. 4616
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offenses of transnational
repression and unauthorized enforcement of foreign law and to a
study and law enforcement training regarding transnational
repression.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 76, Penal Code, is amended by adding
Sections 76.045 and 76.046 to read as follows:
Sec. 76.045. TRANSNATIONAL REPRESSION. (a) In this
section:
(1) "Agent of a foreign government or foreign
terrorist organization" means a person acting on behalf of or
otherwise employed or controlled by a foreign government or foreign
terrorist organization.
(2) "Foreign terrorist organization" has the meaning
assigned by Section 71.01.
(3) "Protected conduct" means any speech or expressive
conduct protected by the First Amendment to the United States
Constitution or by Section 8, Article I, Texas Constitution.
(b) A person commits an offense if:
(1) the person commits or conspires to commit an
offense under:
(A) Section 22.01;
(B) Section 22.02;
(C) Section 42.07; or
(D) Section 42.072;
(2) the person commits or conspires to commit an
offense described by Subdivision (1) with the intent to:
(A) cause another person to act on behalf of a
foreign government or a foreign terrorist organization;
(B) cause another person to leave the United
States;
(C) discourage another person from engaging in
protected conduct; or
(D) retaliate against another person for
engaging in protected conduct; and
(3) the person commits or conspires to commit that
offense as an agent of a foreign government or foreign terrorist
organization.
(c) An offense under this section is one category higher
than the most serious offense listed in Subsection (b)(1) that was
committed or conspired to be committed, except that:
(1) if the most serious offense is a Class A
misdemeanor, the offense under this section is a Class A
misdemeanor with a minimum term of confinement of 180 days; and
(2) if the most serious offense is a felony of the
first degree, the offense under this section is a felony of the
first degree with a minimum term of confinement of 15 years.
Sec. 76.046. UNAUTHORIZED ENFORCEMENT OF FOREIGN LAW. (a)
In this section, "agent of a foreign government or foreign
terrorist organization" has the meaning assigned by Section 76.045.
(b) A person commits an offense if, as an agent of a foreign
government or foreign terrorist organization, the person, without
the approval of this state or the United States:
(1) prevents another person in this state from
violating the laws of a foreign government; or
(2) detects, investigates, monitors, or surveilles
another person in this state for the purpose of preventing the other
person from violating the laws of a foreign government.
(c) An offense under this section is a felony of the second
degree.
SECTION 2. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.02098 to read as follows:
Sec. 411.02098. TRANSNATIONAL REPRESSION TRAINING PROGRAM.
(a) In this section:
(1) "Agent of a foreign government or foreign
terrorist organization" and "agent" mean a person acting on behalf
of or otherwise employed or controlled by a foreign government or
foreign terrorist organization.
(2) "Foreign terrorist organization" has the meaning
assigned by Section 71.01, Penal Code.
(3) "Peace officer" means an individual described by
Article 2A.001, Code of Criminal Procedure.
(4) "Transnational repression" means conduct
described by Section 76.045(b), Penal Code.
(b) The criminal investigations division of the department
shall develop a training program for peace officers regarding
transnational repression. The training program must:
(1) prepare peace officers to:
(A) identify transnational repression;
(B) develop practices for preventing, reporting,
and responding to transnational repression; and
(C) recognize communities targeted by
transnational repression and misinformation that may be
perpetuated by an agent of a foreign government or foreign
terrorist organization; and
(2) include information about foreign governments and
foreign terrorist organizations that are frequently involved in
transnational repression and the methods those governments and
organizations use.
(c) The criminal investigations division shall regularly
update the training under Subsection (b) to address emerging
threats and new transnational repression methods used by agents of
a foreign government or foreign terrorist organization.
SECTION 3. (a) The criminal investigations division of the
Department of Public Safety of the State of Texas, in collaboration
with the office of the governor, shall conduct a study on the threat
of transnational repression, as that conduct is described by
Section 76.045(b), Penal Code, as added by this Act. Not later than
March 1, 2026, the Department of Public Safety shall prepare and
submit to each member of the legislature a report on the conclusions
of the study and any recommendations for legislative or other
action to reduce the threat of transnational repression.
(b) This section expires April 1, 2026.
SECTION 4. Not later than April 1, 2026, the criminal
investigations division of the Department of Public Safety shall
develop the training required by Section 411.02098, Government
Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2025.