Bill Text: TX HB61 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [HB61 Detail]
Download: Texas-2023-HB61-Introduced.html
| By: Geren | H.B. No. 61 | |
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| relating to measures to address public safety threats in this state | ||
| presented by transnational criminal activity, including by | ||
| establishing a Texas Border Force, and to compensate persons | ||
| affected by those threats; increasing criminal penalties; creating | ||
| criminal offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. TEXAS BORDER FORCE; DEPARTMENT OF PUBLIC SAFETY BORDER | ||
| SECURITY FUNCTIONS | ||
| SECTION 1.01. Section 411.0043, Government Code, is amended | ||
| by amending Subsection (a) and adding Subsection (c) to read as | ||
| follows: | ||
| (a) The commission shall implement a policy requiring the | ||
| department to use appropriate technological solutions to improve | ||
| the department's ability to perform its functions. The policy must | ||
| ensure that: | ||
| (1) the public is able to interact with the department | ||
| on the Internet; and | ||
| (2) the department's capability to conduct border | ||
| security operations and similar functions is not impeded by the use | ||
| of obsolete or outdated technologies. | ||
| (c) The department shall periodically review emerging | ||
| technologies that may be deployed for border security operations, | ||
| including technologies and equipment described by Section | ||
| 411.0285, to ensure the department consistently adopts innovative | ||
| technologies and solutions for those operations. | ||
| SECTION 1.02. Chapter 411, Government Code, is amended by | ||
| adding Subchapter B-2 to read as follows: | ||
| SUBCHAPTER B-2. TEXAS BORDER FORCE | ||
| Sec. 411.0281. DEFINITION. In this subchapter, "border | ||
| force" means the Texas Border Force established under this | ||
| subchapter. | ||
| Sec. 411.0282. TEXAS BORDER FORCE; CHIEF. (a) The Texas | ||
| Border Force is established in the Texas Rangers division of the | ||
| department. | ||
| (b) The chief of the Texas Rangers is the chief of the border | ||
| force. | ||
| Sec. 411.0283. BORDER OPERATIONS. The border force may | ||
| conduct border security operations along the Texas-Mexico border, | ||
| including: | ||
| (1) law enforcement operations; | ||
| (2) intelligence gathering, analysis, and | ||
| dissemination; | ||
| (3) coordination and command of state agencies | ||
| conducting border security operations; | ||
| (4) surveillance and detection of criminal activity, | ||
| including improper entry of individuals from foreign nations and | ||
| the smuggling of individuals and controlled substances, using | ||
| cameras, unmanned aircraft, and other technologies; | ||
| (5) interdiction of individuals committing criminal | ||
| activity described by Subdivision (4); | ||
| (6) coordination of local, state, and federal agencies | ||
| conducting border security operations, including tactical | ||
| operations such as special response teams, brush teams, and special | ||
| weapons and tactics teams; and | ||
| (7) training and education programs for the | ||
| professional development of employees and agency partners carrying | ||
| out border security operations. | ||
| Sec. 411.0284. ASSIGNMENT OF TEXAS MILITARY FORCES SERVICE | ||
| MEMBERS. (a) In this section, "Texas military forces" has the | ||
| meaning assigned by Section 437.001. | ||
| (b) The department, at the request of the chief of the | ||
| border force, may enter into a written agreement with the Texas | ||
| Military Department for the assignment of service members of the | ||
| Texas military forces to the border force. The agreement may | ||
| provide for reimbursement by the department for hiring, training, | ||
| salary, and employee benefit costs incurred by the Texas military | ||
| forces in connection with service members assigned to the border | ||
| force. | ||
| Sec. 411.0285. PURCHASE AND DEPLOYMENT OF CERTAIN | ||
| TECHNOLOGY AND EQUIPMENT. (a) The department, at the request of | ||
| the chief of the border force, shall purchase and deploy technology | ||
| and equipment to enhance the border force's ability to detect and | ||
| suppress criminal activity along the Texas-Mexico border, | ||
| including: | ||
| (1) stacked razor wire barriers; | ||
| (2) buoy barriers; and | ||
| (3) surveillance and detection technology to be | ||
| deployed at and near each port of entry along the Texas-Mexico | ||
| border to detect and deter the improper entry of individuals from | ||
| foreign nations and the smuggling of individuals and controlled | ||
| substances, such as fentanyl, cocaine, heroin, and | ||
| methamphetamine. | ||
| (b) The surveillance and detection technology described by | ||
| Subsection (a)(3) may be used to inspect passenger and commercial | ||
| vehicles passing through a port of entry or traveling in any | ||
| direction within 30 miles of apart of entry. | ||
| (c) The department shall employ a sufficient number of | ||
| commercial vehicle inspectors to inspect vehicles using technology | ||
| described by Subsection (a)(3). | ||
| Sec. 411.0286. HIRING OFFICERS WITH PREVIOUS BORDER PATROL | ||
| EXPERIENCE. Notwithstanding any other provision of law, the | ||
| department may, at the time an officer is hired for the border | ||
| force, elect to credit up to four years of experience as a Border | ||
| Patrol Agent of the United States Customs and Border Protection for | ||
| the purpose of calculating the officer's salary under Schedule C. | ||
| All officers are subject to a one-year probationary period under | ||
| Section 411.007(g) notwithstanding the officer's rank or salary | ||
| classification. | ||
| Sec. 411.0287. INCREASED STAFFING; CERTAIN TRAINING. (a) | ||
| The border force may as necessary to conduct border security | ||
| operations and ensure the safety of the public along the | ||
| Texas-Mexico border: | ||
| (1) recruit, employ, and train officers and other | ||
| staff; and | ||
| (2) contract for additional officers and staff to meet | ||
| an increased need for border security operations. | ||
| (b) The border force shall expand programs for training | ||
| officers to serve as members of a brush team. | ||
| Sec. 411.0288. REPORTS. At least once each calendar quarter | ||
| and at other times determined necessary by the governor or the chief | ||
| of the border force, the chief of the border force shall submit a | ||
| report to the governor containing information requested by the | ||
| governor concerning the border force's operations. | ||
| Sec. 411.0289. NO LIMITATION ON BORDER FORCE AUTHORITY BY | ||
| LOCAL GOVERNMENTS. A political subdivision, including a | ||
| municipality, county, or special purpose district, may not by any | ||
| means limit the jurisdiction or authority of the border force. | ||
| SECTION 1.03. Chapter 820, Government Code, is amended by | ||
| adding Subchapter A-1 to read as follows: | ||
| SUBCHAPTER A-1. CERTAIN MILITARY SERVICE CREDIT | ||
| Sec. 820.021. CERTAIN MILITARY SERVICE CREDIT WITHOUT | ||
| PURCHASE. (a) A cash balance group member hired by the Department | ||
| of Public Safety for the Texas Border Force under Subchapter B-2, | ||
| Chapter 411, who served active federal duty in the armed forces of | ||
| the United States and obtains a peace officer license issued under | ||
| Chapter 1701, Occupations Code, while employed with the border | ||
| force may establish military service credit not to exceed six | ||
| months in the retirement system for the purposes described by | ||
| Subsection (c) by submitting a request to the system in a form and | ||
| manner prescribed by the system. | ||
| (b) The retirement system shall grant the military service | ||
| credit of a member who submits a request as provided by Subsection | ||
| (a) after the system verifies that the member is a cash balance | ||
| group member and served the military service required by that | ||
| subsection. | ||
| (c) Military service credit established under this section | ||
| may be used only to determine whether the cash balance group member | ||
| is eligible to retire and receive a cash balance annuity under this | ||
| chapter. The service credit does not affect eligibility for any | ||
| other purpose, including for purposes of determining eligibility to | ||
| participate in the group benefits program established under Chapter | ||
| 1551, Insurance Code. | ||
| SECTION 1.04. Subchapter C, Chapter 2155, Government Code, | ||
| is amended by adding Section 2155.151 to read as follows: | ||
| Sec. 2155.151. CERTAIN PURCHASES BY DEPARTMENT OF PUBLIC | ||
| SAFETY. (a) The Department of Public Safety is delegated all | ||
| purchasing functions relating to the purchase of technologies and | ||
| equipment for use in border security operations, including | ||
| technology and equipment described by Section 411.0285, to ensure | ||
| the department consistently adopts innovative technologies and | ||
| solutions for those operations. | ||
| (b) The Department of Public Safety shall acquire goods and | ||
| services under Subsection (a) by any procurement method that | ||
| provides the best value to the department. The Department of Public | ||
| Safety shall consider the best value standards listed in Section | ||
| 2155.074. | ||
| (c) At the request of the Department of Public Safety, the | ||
| comptroller or the Department of Information Resources, as | ||
| appropriate, shall procure goods and services described by | ||
| Subsection (a) for the Department of Public Safety. The Department | ||
| of Public Safety may use the services of the comptroller or the | ||
| Department of Information Resources in procuring goods and services | ||
| described by Subsection (a). | ||
| SECTION 1.05. (a) In reviewing emerging technologies under | ||
| Section 411.0043(c), Government Code, as added by this article, the | ||
| Department of Public Safety shall hold a technology fair at which | ||
| vendors of emerging technology that may be used for conducting | ||
| border security operations demonstrate the capabilities of the | ||
| products. | ||
| (b) The event required by Subsection (a) of this section | ||
| must be held not later than September 1, 2024. | ||
| ARTICLE 2. IMPROPER ENTRY | ||
| SECTION 2.01. Chapter 38, Penal Code, is amended by adding | ||
| Section 38.20 to read as follows: | ||
| Sec. 38.20. IMPROPER ENTRY FROM FOREIGN NATION. (a) In | ||
| this section, "alien" has the meaning assigned by 8 U.S.C. Section | ||
| 1101, as that provision existed on January 1, 2023. | ||
| (b) A person who is an alien commits an offense if the | ||
| person: | ||
| (1) enters or attempts to enter this state from a | ||
| foreign nation at any location other than a lawful point of entry; | ||
| (2) eludes examination or inspection by United States | ||
| immigration officers; or | ||
| (3) attempts to enter or obtains entry to this state | ||
| from a foreign nation by an intentionally false or misleading | ||
| representation or the intentional concealment of a material fact. | ||
| (c) An offense under this section is a Class A misdemeanor, | ||
| except that if it is shown on the trial of the offense that the | ||
| person has previously been finally convicted of: | ||
| (1) an offense under this section, the offense is a | ||
| state jail felony; | ||
| (2) a state jail felony described by Subdivision (1) | ||
| or any other felony not listed in Article 42A.054(a), Code of | ||
| Criminal Procedure, the offense is a felony of the second degree; or | ||
| (3) a felony listed in Article 42A.054(a), Code of | ||
| Criminal Procedure, the offense is a felony of the first degree. | ||
| (d) It is an affirmative defense to prosecution under this | ||
| section that: | ||
| (1) the actor has been granted a federal immigration | ||
| benefit entitling the actor to: | ||
| (A) lawful presence in the United States; or | ||
| (B) asylum under 8 U.S.C. Section 1158; | ||
| (2) the actor's conduct does not constitute a | ||
| violation of 8 U.S.C. Section 1325(a); or | ||
| (3) the actor was approved for benefits under the | ||
| federal Deferred Action for Childhood Arrivals program between June | ||
| 15, 2012, and July 16, 2021. | ||
| (e) For purposes of Subsection (d)(1), the following | ||
| federal programs do not confer federal immigration benefits | ||
| entitling the actor to lawful presence in the United States: | ||
| (1) the Deferred Action for Parents of Americans and | ||
| Lawful Permanent Residents; and | ||
| (2) any program not enacted by the United States | ||
| Congress that is a successor to or materially similar to the program | ||
| described by Subdivision (1) or Subsection (d)(3). | ||
| (f) A court may not abate the prosecution of an offense | ||
| under this section on the basis that a federal determination | ||
| regarding the immigration status of the actor is pending. | ||
| (g) A law enforcement officer of the Department of Public | ||
| Safety who arrests a person for an offense under this section shall, | ||
| to the extent feasible, detain the person in a facility established | ||
| under Operation Lone Star or a similar border security operation of | ||
| this state. | ||
| ARTICLE 3. MINIMUM SENTENCES FOR SMUGGLING OFFENSES | ||
| SECTION 3.01. Section 20.05(b), Penal Code, is amended to | ||
| read as follows: | ||
| (b) An offense under this section is a felony of the third | ||
| degree with a term of imprisonment of 10 years, except that the | ||
| offense is: | ||
| (1) a felony of the second degree with a minimum term | ||
| of imprisonment of 10 years if: | ||
| (A) the actor commits the offense in a manner | ||
| that creates a substantial likelihood that the smuggled individual | ||
| will suffer serious bodily injury or death; | ||
| (B) the smuggled individual is a child younger | ||
| than 18 years of age at the time of the offense; | ||
| (C) the offense was committed with the intent to | ||
| obtain a pecuniary benefit; | ||
| (D) during the commission of the offense the | ||
| actor, another party to the offense, or an individual assisted, | ||
| guided, or directed by the actor knowingly possessed a firearm; or | ||
| (E) the actor commits the offense under | ||
| Subsection (a)(1)(B); or | ||
| (2) a felony of the first degree with a minimum term of | ||
| imprisonment of 10 years if: | ||
| (A) it is shown on the trial of the offense that, | ||
| as a direct result of the commission of the offense, the smuggled | ||
| individual became a victim of sexual assault, as defined by Section | ||
| 22.011, or aggravated sexual assault, as defined by Section 22.021; | ||
| or | ||
| (B) the smuggled individual suffered serious | ||
| bodily injury or death. | ||
| SECTION 3.02. Sections 20.06(e) and (f), Penal Code, are | ||
| amended to read as follows: | ||
| (e) Except as provided by Subsections (f) and (g), an | ||
| offense under this section is a felony of the second degree with a | ||
| minimum term of imprisonment of 10 years. | ||
| (f) An offense under this section is a felony of the first | ||
| degree with a minimum term of imprisonment of 10 years if: | ||
| (1) the conduct constituting an offense under Section | ||
| 20.05 is conducted in a manner that creates a substantial | ||
| likelihood that the smuggled individual will suffer serious bodily | ||
| injury or death; or | ||
| (2) the smuggled individual is a child younger than 18 | ||
| years of age at the time of the offense. | ||
| SECTION 3.03. The changes in law made by this article apply | ||
| only to an offense committed on or after the effective date of this | ||
| article. An offense committed before the effective date of this | ||
| article is governed by the law in effect on the date the offense was | ||
| committed, and the former law is continued in effect for that | ||
| purpose. For purposes of this section, an offense was committed | ||
| before the effective date of this article if any element of the | ||
| offense was committed before that date. | ||
| ARTICLE 4. FOREIGN TERRORIST ORGANIZATIONS | ||
| SECTION 4.01. The heading to Subchapter D, Chapter 125, | ||
| Civil Practice and Remedies Code, is amended to read as follows: | ||
| SUBCHAPTER D. MEMBERSHIP IN CRIMINAL STREET GANG OR FOREIGN | ||
| TERRORIST ORGANIZATION | ||
| SECTION 4.02. Sections 125.061(1) and (3), Civil Practice | ||
| and Remedies Code, are amended to read as follows: | ||
| (1) "Combination," [ |
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| "foreign terrorist organization" have the meanings assigned by | ||
| Section 71.01, Penal Code. | ||
| (3) "Gang activity" means the following types of | ||
| conduct: | ||
| (A) organized criminal activity as described by | ||
| Section 71.02, Penal Code; | ||
| (B) terroristic threat as described by Section | ||
| 22.07, Penal Code; | ||
| (C) coercing, inducing, or soliciting[ |
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| terrorist organization as described by Section 71.022(a) or (a-1), | ||
| Penal Code; | ||
| (D) criminal trespass as described by Section | ||
| 30.05, Penal Code; | ||
| (E) disorderly conduct as described by Section | ||
| 42.01, Penal Code; | ||
| (F) criminal mischief as described by Section | ||
| 28.03, Penal Code, that causes a pecuniary loss of $500 or more; | ||
| (G) a graffiti offense in violation of Section | ||
| 28.08, Penal Code; | ||
| (H) a weapons offense in violation of Chapter 46, | ||
| Penal Code; or | ||
| (I) unlawful possession of a substance or other | ||
| item in violation of Chapter 481, Health and Safety Code. | ||
| SECTION 4.03. Section 125.062, Civil Practice and Remedies | ||
| Code, is amended to read as follows: | ||
| Sec. 125.062. PUBLIC NUISANCE; COMBINATION. A | ||
| combination, [ |
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| organization that continuously or regularly associates in gang | ||
| activities is a public nuisance. | ||
| SECTION 4.04. Section 125.063, Civil Practice and Remedies | ||
| Code, is amended to read as follows: | ||
| Sec. 125.063. PUBLIC NUISANCE; USE OF PLACE. The habitual | ||
| use of a place by a combination, [ |
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| foreign terrorist organization for engaging in gang activity is a | ||
| public nuisance. | ||
| SECTION 4.05. Section 125.064(b), Civil Practice and | ||
| Remedies Code, is amended to read as follows: | ||
| (b) Any person who habitually associates with others to | ||
| engage in gang activity as a member of a combination, [ |
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| street gang, or foreign terrorist organization may be made a | ||
| defendant in the suit. Any person who owns or is responsible for | ||
| maintaining a place that is habitually used for engaging in gang | ||
| activity may be made a defendant in the suit. | ||
| SECTION 4.06. Section 125.065(a), Civil Practice and | ||
| Remedies Code, is amended to read as follows: | ||
| (a) If the court finds that a combination, [ |
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| street gang, or foreign terrorist organization constitutes a public | ||
| nuisance, the court may enter an order: | ||
| (1) enjoining a defendant in the suit from engaging in | ||
| the gang activities of the combination, [ |
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| or foreign terrorist organization; and | ||
| (2) imposing other reasonable requirements to prevent | ||
| the combination, [ |
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| organization from engaging in future gang activities. | ||
| SECTION 4.07. Section 125.069, Civil Practice and Remedies | ||
| Code, is amended to read as follows: | ||
| Sec. 125.069. USE OF PLACE; EVIDENCE. In an action brought | ||
| under this subchapter, proof that gang activity by a member of a | ||
| combination, [ |
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| organization is frequently committed at a place or proof that a | ||
| place is frequently used for engaging in gang activity by a member | ||
| of a combination, [ |
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| terrorist organization is prima facie evidence that the proprietor | ||
| knowingly permitted the act, unless the act constitutes conspiring | ||
| to commit gang activity. | ||
| SECTION 4.08. Sections 125.070(b), (c), and (e), Civil | ||
| Practice and Remedies Code, are amended to read as follows: | ||
| (b) A criminal street gang or foreign terrorist | ||
| organization or a member of a criminal street gang or foreign | ||
| terrorist organization is liable to the state or a governmental | ||
| entity injured by the violation of a temporary or permanent | ||
| injunctive order under this subchapter. | ||
| (c) In an action brought against a member of a criminal | ||
| street gang or a member of a foreign terrorist organization, the | ||
| plaintiff must show that the member violated the temporary or | ||
| permanent injunctive order. | ||
| (e) The property of the criminal street gang or foreign | ||
| terrorist organization or a member of the criminal street gang or | ||
| foreign terrorist organization may be seized in execution on a | ||
| judgment under this section. Property may not be seized under this | ||
| subsection if the owner or interest holder of the property proves by | ||
| a preponderance of the evidence that the owner or interest holder | ||
| was not a member of the criminal street gang or foreign terrorist | ||
| organization and did not violate the temporary or permanent | ||
| injunctive order. The owner or interest holder of property that is | ||
| in the possession of a criminal street gang or foreign terrorist | ||
| organization or a member of the criminal street gang or foreign | ||
| terrorist organization and that is subject to execution under this | ||
| subsection must show that the property: | ||
| (1) was stolen from the owner or interest holder; or | ||
| (2) was used or intended to be used without the | ||
| effective consent of the owner or interest holder by the criminal | ||
| street gang or foreign terrorist organization or a member of the | ||
| criminal street gang or foreign terrorist organization. | ||
| SECTION 4.09. Article 67.001, Code of Criminal Procedure, | ||
| is amended by adding Subdivision (8-a) and amending Subdivision (9) | ||
| to read as follows: | ||
| (8-a) "Foreign terrorist organization" has the | ||
| meaning assigned by Section 71.01, Penal Code. | ||
| (9) "Intelligence database" means a collection or | ||
| compilation of data organized for search and retrieval to evaluate, | ||
| analyze, disseminate, or use intelligence information relating to a | ||
| combination, [ |
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| organization for the purpose of investigating or prosecuting a | ||
| criminal offense. | ||
| SECTION 4.10. Articles 67.051(a) and (b), Code of Criminal | ||
| Procedure, are amended to read as follows: | ||
| (a) Subject to Subsection (b), a criminal justice agency or | ||
| juvenile justice agency shall compile criminal information into an | ||
| intelligence database for the purpose of investigating or | ||
| prosecuting the criminal activities of combinations, [ |
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| street gangs, or foreign terrorist organizations. | ||
| (b) A law enforcement agency in a municipality with a | ||
| population of 50,000 or more or in a county with a population of | ||
| 100,000 or more shall compile and maintain in a local or regional | ||
| intelligence database criminal information relating to a criminal | ||
| street gang or a foreign terrorist organization as provided by | ||
| Subsection (a). The agency must compile and maintain the | ||
| information in accordance with the criminal intelligence systems | ||
| operating policies established under 28 C.F.R. Section 23.1 et seq. | ||
| and the submission criteria established under Article 67.054(b). | ||
| SECTION 4.11. Article 67.054(b), Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| (b) Criminal information collected under this chapter | ||
| relating to a criminal street gang or foreign terrorist | ||
| organization must: | ||
| (1) be relevant to the identification of an | ||
| organization that is reasonably suspected of involvement in | ||
| criminal activity; and | ||
| (2) consist of: | ||
| (A) a judgment under any law that includes, as a | ||
| finding or as an element of a criminal offense, participation in a | ||
| criminal street gang or foreign terrorist organization; | ||
| (B) a self-admission by an individual of | ||
| membership in a criminal street gang or foreign terrorist | ||
| organization [ |
||
| proceeding; or | ||
| (C) except as provided by Subsection (c), any two | ||
| of the following: | ||
| (i) a self-admission by the individual of | ||
| membership in a criminal street gang or foreign terrorist | ||
| organization [ |
||
| proceeding, including the use of the Internet or other electronic | ||
| format or medium to post photographs or other documentation | ||
| identifying the individual as a member of a criminal street gang or | ||
| foreign terrorist organization; | ||
| (ii) an identification of the individual as | ||
| a member of a criminal street gang or foreign terrorist | ||
| organization [ |
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| (iii) a corroborated identification of the | ||
| individual as a member of a criminal street gang or foreign | ||
| terrorist organization [ |
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| of unknown reliability; | ||
| (iv) evidence that the individual frequents | ||
| a documented area of a criminal street gang or foreign terrorist | ||
| organization and associates with known members of a criminal street | ||
| gang or foreign terrorist organization [ |
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| (v) evidence that the individual uses, in | ||
| more than an incidental manner, criminal street gang or foreign | ||
| terrorist organization dress, hand signals, tattoos, or symbols, | ||
| including expressions of letters, numbers, words, or marks, | ||
| regardless of how or the means by which the symbols are displayed, | ||
| that are associated with a criminal street gang or foreign | ||
| terrorist organization that operates in an area frequented by the | ||
| individual and described by Subparagraph (iv); | ||
| (vi) evidence that the individual has been | ||
| arrested or taken into custody with known members of a criminal | ||
| street gang or foreign terrorist organization [ |
||
| offense or conduct consistent with [ |
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| as defined by Section 125.061, Civil Practice and Remedies Code; | ||
| (vii) evidence that the individual has | ||
| visited a known member of a criminal street gang or foreign | ||
| terrorist organization [ |
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| individual, while the [ |
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| penal institution; or | ||
| (viii) evidence of the individual's use of | ||
| technology, including the Internet, to recruit new members of a | ||
| criminal street gang or foreign terrorist organization [ |
||
| SECTION 4.12. Articles 67.102(a) and (d), Code of Criminal | ||
| Procedure, are amended to read as follows: | ||
| (a) Notwithstanding Chapter 58, Family Code, criminal | ||
| information relating to a child associated with a combination, [ |
||
| criminal street gang, or foreign terrorist organization may be | ||
| compiled and released under this chapter regardless of the age of | ||
| the child. | ||
| (d) The governing body of a county or municipality served by | ||
| a law enforcement agency described by Article 67.051(b) may adopt a | ||
| policy to notify the parent or guardian of a child of the agency's | ||
| observations relating to the child's association with a criminal | ||
| street gang or foreign terrorist organization. | ||
| SECTION 4.13. Article 67.251, Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| Art. 67.251. ESTABLISHMENT OF GANG RESOURCE SYSTEM. The | ||
| office of the attorney general shall establish an electronic gang | ||
| resource system to provide criminal justice agencies and juvenile | ||
| justice agencies with information about criminal street gangs and | ||
| foreign terrorist organizations in this state. | ||
| SECTION 4.14. Articles 67.252(a) and (b), Code of Criminal | ||
| Procedure, are amended to read as follows: | ||
| (a) The gang resource system established under Article | ||
| 67.251 may include the following information with regard to any | ||
| gang or foreign terrorist organization: | ||
| (1) gang or organization name; | ||
| (2) gang or organization identifiers, such as colors | ||
| used, tattoos, and clothing preferences; | ||
| (3) criminal activities; | ||
| (4) migration trends; | ||
| (5) recruitment activities; and | ||
| (6) a local law enforcement contact. | ||
| (b) Information in the gang resource system shall be | ||
| accessible according to: | ||
| (1) municipality or county; and | ||
| (2) gang or organization name. | ||
| SECTION 4.15. Article 67.254(a), Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| (a) On request by the office of the attorney general, a | ||
| criminal justice agency or juvenile justice agency shall make a | ||
| reasonable attempt to provide gang and foreign terrorist | ||
| organization information to the office of the attorney general for | ||
| the purpose of maintaining an updated, comprehensive gang resource | ||
| system. | ||
| SECTION 4.16. Article 67.255, Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| Art. 67.255. USE OF INFORMATION. Information in the gang | ||
| resource system may be used in investigating [ |
||
| relating to a criminal street gang or foreign terrorist | ||
| organization. Information from the system may be included in an | ||
| affidavit or subpoena or used in connection with any other legal or | ||
| judicial proceeding only if the information is corroborated by | ||
| information not provided by or maintained in the system. | ||
| SECTION 4.17. Section 71.01, Penal Code, is amended by | ||
| adding Subsection (e) to read as follows: | ||
| (e) "Foreign terrorist organization" means three or more | ||
| persons operating as an organization at least partially outside the | ||
| United States who engage in criminal activity and threaten the | ||
| security of this state or its residents, including but not limited | ||
| to a drug cartel. | ||
| SECTION 4.18. Section 71.02(a), Penal Code, is amended to | ||
| read as follows: | ||
| (a) A person commits an offense if, with the intent to | ||
| establish, maintain, or participate in a combination or in the | ||
| profits of a combination or as a member of a criminal street gang or | ||
| foreign terrorist organization, the person commits or conspires to | ||
| commit one or more of the following: | ||
| (1) murder, capital murder, arson, aggravated | ||
| robbery, robbery, burglary, theft, aggravated kidnapping, | ||
| kidnapping, aggravated assault, aggravated sexual assault, sexual | ||
| assault, continuous sexual abuse of young child or disabled | ||
| individual, solicitation of a minor, forgery, deadly conduct, | ||
| assault punishable as a Class A misdemeanor, burglary of a motor | ||
| vehicle, or unauthorized use of a motor vehicle; | ||
| (2) any gambling offense punishable as a Class A | ||
| misdemeanor; | ||
| (3) promotion of prostitution, aggravated promotion | ||
| of prostitution, or compelling prostitution; | ||
| (4) unlawful manufacture, transportation, repair, or | ||
| sale of firearms or prohibited weapons; | ||
| (5) unlawful manufacture, delivery, dispensation, or | ||
| distribution of a controlled substance or dangerous drug, or | ||
| unlawful possession of a controlled substance or dangerous drug: | ||
| (A) through forgery, fraud, misrepresentation, | ||
| or deception; or | ||
| (B) with the intent to deliver the controlled | ||
| substance or dangerous drug; | ||
| (5-a) causing the unlawful delivery, dispensation, or | ||
| distribution of a controlled substance or dangerous drug in | ||
| violation of Subtitle B, Title 3, Occupations Code; | ||
| (6) any unlawful wholesale promotion or possession of | ||
| any obscene material or obscene device with the intent to wholesale | ||
| promote the same; | ||
| (7) any offense under Subchapter B, Chapter 43, | ||
| depicting or involving conduct by or directed toward a child | ||
| younger than 18 years of age; | ||
| (8) any felony offense under Chapter 32; | ||
| (9) any offense under Chapter 36; | ||
| (10) any offense under Chapter 34, 35, or 35A; | ||
| (11) any offense under Section 37.11(a); | ||
| (12) any offense under Chapter 20A; | ||
| (13) any offense under Section 37.10; | ||
| (14) any offense under Section 38.06, 38.07, 38.09, or | ||
| 38.11; | ||
| (15) any offense under Section 42.10; | ||
| (16) any offense under Section 46.06(a)(1) or 46.14; | ||
| (17) any offense under Section 20.05, [ |
||
| 20.07; | ||
| (18) any offense under Section 16.02; or | ||
| (19) any offense classified as a felony under the Tax | ||
| Code. | ||
| SECTION 4.19. The heading to Section 71.022, Penal Code, is | ||
| amended to read as follows: | ||
| Sec. 71.022. COERCING, INDUCING, OR SOLICITING MEMBERSHIP | ||
| IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION. | ||
| SECTION 4.20. Sections 71.022(a) and (a-1), Penal Code, are | ||
| amended to read as follows: | ||
| (a) A person commits an offense if the person knowingly | ||
| causes, enables, encourages, recruits, or solicits another person | ||
| to become a member of a criminal street gang or foreign terrorist | ||
| organization which, as a condition of initiation, admission, | ||
| membership, or continued membership, requires the commission of any | ||
| conduct which constitutes an offense punishable as a Class A | ||
| misdemeanor or a felony. | ||
| (a-1) A person commits an offense if, with intent to coerce, | ||
| induce, or solicit a child to actively participate in the | ||
| activities of a criminal street gang or foreign terrorist | ||
| organization, the person: | ||
| (1) threatens the child or a member of the child's | ||
| family with imminent bodily injury; or | ||
| (2) causes bodily injury to the child or a member of | ||
| the child's family. | ||
| SECTION 4.21. Section 71.023, Penal Code, is amended to | ||
| read as follows | ||
| Sec. 71.023. DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS | ||
| OR FOREIGN TERRORIST ORGANIZATIONS. (a) A person commits an | ||
| offense if the person, as part of the identifiable leadership of a | ||
| criminal street gang or foreign terrorist organization, knowingly | ||
| finances, directs, or supervises the commission of, or a conspiracy | ||
| to commit, one or more of the following offenses by members of a | ||
| criminal street gang or foreign terrorist organization: | ||
| (1) a felony offense that is listed in Article | ||
| 42A.054(a), Code of Criminal Procedure; | ||
| (2) a felony offense for which it is shown that a | ||
| deadly weapon, as defined by Section 1.07, was used or exhibited | ||
| during the commission of the offense or during immediate flight | ||
| from the commission of the offense; or | ||
| (3) an offense that is punishable under Section | ||
| 481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f), | ||
| 481.115(f), or 481.120(b)(6), Health and Safety Code. | ||
| (b) An offense under this section is a felony of the first | ||
| degree punishable by imprisonment in the Texas Department of | ||
| Criminal Justice for life or for any term of not more than 99 years | ||
| or less than 25 years. | ||
| SECTION 4.22. Chapter 125, Civil Practice and Remedies | ||
| Code, as amended by this article, applies only to an action | ||
| commenced on or after the effective date of this article. An action | ||
| commenced before the effective date of this article is governed by | ||
| the law as it existed immediately before the effective date of this | ||
| article, and that law is continued in effect for that purpose. | ||
| SECTION 4.23. Chapter 71, Penal Code, as amended by this | ||
| article, applies only to an offense committed on or after the | ||
| effective date of this article. An offense committed before the | ||
| effective date of this article is governed by the law in effect on | ||
| the date the offense was committed, and the former law is continued | ||
| in effect for that purpose. For purposes of this section, an offense | ||
| was committed before the effective date of this article if any | ||
| element of the offense occurred before that date. | ||
| ARTICLE 5. LANDOWNER COMPENSATION FOR PROPERTY DAMAGE CAUSED BY | ||
| CERTAIN CRIMINAL ACTIVITIES | ||
| SECTION 5.01. Title 1, Code of Criminal Procedure, is | ||
| amended by adding Chapter 56C to read as follows: | ||
| CHAPTER 56C. LANDOWNER COMPENSATION FOR PROPERTY DAMAGE CAUSED BY | ||
| CERTAIN CRIMINAL ACTIVITIES | ||
| Art. 56C.001. DEFINITIONS. In this chapter: | ||
| (1) "Agricultural land" includes any land the use of | ||
| which qualifies the land for appraisal based on agricultural use as | ||
| defined under Subchapter D, Chapter 23, Tax Code. | ||
| (2) "Border crime" means conduct: | ||
| (A) constituting an offense under: | ||
| (i) Subchapter D, Chapter 481, Health and | ||
| Safety Code; | ||
| (ii) Section 20.05 or 38.04, Penal Code; or | ||
| (iii) Chapter 20A, Penal Code; and | ||
| (B) involving transnational criminal activity. | ||
| (3) "Trespasser" has the meaning assigned by Section | ||
| 75.007, Civil Practice and Remedies Code. | ||
| Art. 56C.002. ADMINISTRATION; RULES. (a) The attorney | ||
| general shall adopt rules to administer this chapter. | ||
| (b) Subchapters A and B, Chapter 2001, Government Code, | ||
| except Sections 2001.004(3) and 2001.005, apply to the attorney | ||
| general. | ||
| (c) The attorney general may delegate to a person in the | ||
| attorney general's office a power or duty given to the attorney | ||
| general under this chapter. | ||
| Art. 56C.003. LANDOWNER COMPENSATION PROGRAM. (a) From | ||
| money appropriated for the purpose, the attorney general shall | ||
| establish and administer a program to compensate landowners who | ||
| suffer real property damage on agricultural land caused by: | ||
| (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 | ||
| (2) a law enforcement response to a trespasser who was | ||
| engaged in a border crime. | ||
| (b) The attorney general shall establish: | ||
| (1) eligibility criteria for compensation under this | ||
| article, including requirements for providing proof of eligibility | ||
| for compensation; | ||
| (2) application procedures; | ||
| (3) criteria for evaluating applications and awarding | ||
| compensation; | ||
| (4) guidelines related to compensation amounts, | ||
| provided that the maximum amount awarded per incident causing | ||
| damage may not exceed $75,000; and | ||
| (5) procedures for monitoring the use of compensation | ||
| awarded under this article and ensuring compliance with any | ||
| conditions of the award. | ||
| (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). | ||
| Art. 56C.004. HEARINGS AND PREHEARING CONFERENCES. (a) | ||
| The attorney general shall determine whether a hearing on an | ||
| application for compensation under this chapter is necessary. | ||
| (b) On determining that a hearing is not necessary, the | ||
| attorney general may approve the application. | ||
| (c) On determining that a hearing is necessary or on request | ||
| for a hearing by the applicant, the attorney general shall consider | ||
| the application at a hearing at a time and place of the attorney | ||
| general's choosing. The attorney general shall notify all | ||
| interested persons not later than the 10th day before the date of | ||
| the hearing. | ||
| (d) At the hearing the attorney general shall: | ||
| (1) review the application for compensation; and | ||
| (2) receive other evidence that the attorney general | ||
| finds necessary or desirable to evaluate the application properly. | ||
| (e) The attorney general may appoint hearing officers to | ||
| conduct hearings or prehearing conferences under this chapter. | ||
| (f) A hearing or prehearing conference is open to the public | ||
| unless the hearing officer or attorney general determines in a | ||
| particular case that all or part of the hearing or conference should | ||
| be held in private because a private hearing or conference is in the | ||
| interest of the applicant. | ||
| (g) Subchapters C through H, Chapter 2001, Government Code, | ||
| do not apply to the attorney general or the attorney general's | ||
| orders and decisions. | ||
| Art. 56C.005. ANNUAL REPORT. Not later than the 100th day | ||
| after the end of each state fiscal year, the attorney general shall | ||
| submit to the governor and the legislature a report on the attorney | ||
| general's activities under this chapter during the preceding fiscal | ||
| year that includes the following information, disaggregated by each | ||
| offense listed in Article 56C.001(2)(A): | ||
| (1) the number of applications made; | ||
| (2) the number of applicants receiving compensation; | ||
| and | ||
| (3) the amount of compensation awarded. | ||
| Art. 56C.006. PAYER OF LAST RESORT. (a) The program | ||
| established under Article 56C.003 is a payer of last resort for real | ||
| property damage described by that article. | ||
| (b) The attorney general may not award compensation to an | ||
| applicant under Article 56C.003 if the attorney general determines | ||
| that the applicant: | ||
| (1) is eligible for reimbursement from another source, | ||
| including under an insurance contract or a state, local, or federal | ||
| program; and | ||
| (2) failed to seek reimbursement from the source | ||
| described by Subdivision (1). | ||
| Art. 56C.007. EXPIRATION OF CHAPTER. This chapter expires on | ||
| the second anniversary of the date that all money appropriated for | ||
| the program established under this chapter has been expended. | ||
| ARTICLE 6. INTERAGENCY WORK GROUP ON BORDER ISSUES | ||
| SECTION 6.01. Sections 772.011(a) and (b), Government Code, | ||
| are amended to read as follows: | ||
| (a) An interagency work group is created to: | ||
| (1) develop or update a process to allow agencies to | ||
| work together on issues that face border communities; | ||
| (2) discuss and coordinate programs and services | ||
| offered to border communities and residents of border communities; | ||
| [ |
||
| (3) develop regulatory and legislative | ||
| recommendations to eliminate duplication and combine program | ||
| services; | ||
| (4) identify and anticipate challenges and threats to | ||
| agencies' operations along the Texas-Mexico border; | ||
| (5) develop solutions to overcome the challenges and | ||
| threats described by Subdivision (4); and | ||
| (6) identify strategic opportunities agencies may use | ||
| to enhance the capabilities and effectiveness of their roles in | ||
| this state's operations along the Texas-Mexico border. | ||
| (b) The work group is composed of: | ||
| (1) the chair of the standing substantive committee of | ||
| the senate with primary jurisdiction over border security, or the | ||
| chair's designee; | ||
| (2) the chair of the standing substantive committee of | ||
| the house of representatives with primary jurisdiction over border | ||
| security, or the chair's designee; and | ||
| (3) the heads of the following agencies or their | ||
| designees: | ||
| (A) [ |
||
| (B) [ |
||
| Community Affairs; | ||
| (C) [ |
||
| (D) [ |
||
| Transportation; | ||
| (E) [ |
||
| Quality; | ||
| (F) [ |
||
| (G) [ |
||
| Services; | ||
| (H) [ |
||
| Commission; | ||
| (I) [ |
||
| (J) [ |
||
| Tourism Office; | ||
| (K) [ |
||
| Relations; | ||
| (L) [ |
||
| Coordinating Board; | ||
| (M) [ |
||
| (N) [ |
||
| (O) [ |
||
| [ |
||
| (P) [ |
||
| (Q) the Texas Division of Emergency Management; | ||
| (R) the Texas Alcoholic Beverage Commission; and | ||
| (S) the Texas Military Department. | ||
| ARTICLE 7. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES, | ||
| EQUIPMENT, AND SERVICES IN THE BORDER REGION | ||
| SECTION 7.01. Chapter 421, Government Code, is amended by | ||
| adding Subchapter G to read as follows: | ||
| SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY | ||
| Sec. 421.111. DEFINITIONS. In this subchapter: | ||
| (1) "Border region" has the meaning assigned by | ||
| Section 772.0071. | ||
| (2) "Local government" means a municipality or county. | ||
| (3) "Office" means the trusteed programs within the | ||
| office of the governor. | ||
| Sec. 421.112. USE OF CERTAIN FUNDS. From money | ||
| appropriated for that purpose, the office, as authorized by Chapter | ||
| 418, Government Code, including Subchapter D of that chapter, shall | ||
| make funds available to state agencies and local governments for | ||
| the following purposes: | ||
| (1) the construction and maintenance of facilities | ||
| related to prosecuting and adjudicating offenses committed in the | ||
| border region, including court facilities, processing facilities, | ||
| detention facilities, criminal justice centers, and other similar | ||
| facilities; | ||
| (2) the construction of improvements to an area in the | ||
| immediate vicinity of a port of entry to enhance vehicle inspection | ||
| capabilities and assist in the investigation, interdiction, and | ||
| prosecution of persons smuggling individuals or contraband across | ||
| the Texas-Mexico border; and | ||
| (3) the construction or improvement of roadways and | ||
| similar transportation facilities in the border region that provide | ||
| for detailed monitoring of commercial motor vehicles traveling | ||
| along the roadways and facilities. | ||
| ARTICLE 8. BORDER PROTECTION AGREEMENTS | ||
| SECTION 8.01. Title 7, Government Code, is amended by | ||
| adding Chapter 794 to read as follows: | ||
| CHAPTER 794. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN | ||
| STATES | ||
| Sec. 794.001. AUTHORITY FOR AGREEMENTS. On behalf of this | ||
| state, the governor shall coordinate, develop, and execute | ||
| agreements with the United Mexican States and the states of the | ||
| United Mexican States regarding the authority of this state to | ||
| protect and defend its citizens. | ||
| ARTICLE 9. SEVERABILITY; EFFECTIVE DATE | ||
| SECTION 9.01. It is the intent of the legislature that every | ||
| provision, section, subsection, sentence, clause, phrase, or word | ||
| in this Act, and every application of the provisions in this Act to | ||
| every person, group of persons, or circumstances, is severable from | ||
| each other. If any application of any provision in this Act to any | ||
| person, group of persons, or circumstances is found by a court to be | ||
| invalid for any reason, the remaining applications of that | ||
| provision to all other persons and circumstances shall be severed | ||
| and may not be affected. | ||
| SECTION 9.02. This Act takes effect February 6, 2024. | ||
