Bill Text: TX HB128 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to a border crime property damage compensation program.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2023-10-11 - Filed [HB128 Detail]
Download: Texas-2023-HB128-Introduced.html
| 88S30148 JRR-F | ||
| By: Guillen | H.B. No. 128 | |
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| relating to a border crime property damage compensation program. | ||
| 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 [ |
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| DAMAGE COMPENSATION PROGRAM [ |
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| 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 [ |
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| COMPENSATION PROGRAM. | ||
| SECTION 4. Article 56C.003, Code of Criminal Procedure, is | ||
| amended by amending Subsections (a), (c), and (d) and adding | ||
| Subsection (a-1) to read as follows: | ||
| (a) From the funding sources described by Subsection (a-1) | ||
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| establish and administer a program to compensate: | ||
| (1) landowners who suffer real property damage on | ||
| agricultural land caused by: | ||
| (A) [ |
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| under Chapter 28, Penal Code, that was committed in the course of or | ||
| in furtherance of a border crime; or | ||
| (B) [ |
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| 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) investment earnings and interest earned on money | ||
| held for purposes of administering the program; | ||
| (4) gifts, grants, and donations received by the state | ||
| for purposes of the program; and | ||
| (5) proceeds received under Article 59.06(v). | ||
| (c) The attorney general may not award compensation under | ||
| this article for [ |
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| [ |
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| 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 [ |
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| property damage caused by a trespasser [ |
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| 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 [ |
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| 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 | ||
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| 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 attorney representing the state shall transfer the | ||
| proceeds from the sale of the forfeited property under Subsection | ||
| (a) to the comptroller for deposit to the credit of the border crime | ||
| property damage compensation program established under Chapter | ||
| 56C. | ||
| SECTION 8. Article 56C.007, Code of Criminal Procedure, is | ||
| repealed. | ||
| SECTION 9. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
