Bill Text: TX HB15 | 2023 | 88th Legislature 4th Special Session | Introduced

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Bill Title: Relating to a border crime property damage compensation program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-11-07 - Filed [HB15 Detail]

Download: Texas-2023-HB15-Introduced.html

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88S40029 JRR-F
By: Guillen H.B. No. 15

A BILL TO BE ENTITLED
AN ACT
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 [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), (c), and (d) and adding
Subsection (a-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 who suffer 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) 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 [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 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.