Bill Text: TX SB1133 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a program to compensate landowners for property damage caused by certain criminal activities.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [SB1133 Detail]
Download: Texas-2023-SB1133-Comm_Sub.html
Bill Title: Relating to a program to compensate landowners for property damage caused by certain criminal activities.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [SB1133 Detail]
Download: Texas-2023-SB1133-Comm_Sub.html
By: Blanco, et al. | S.B. No. 1133 | |
(King of Uvalde) | ||
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relating to a program to compensate landowners for property damage | ||
caused by certain criminal activities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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. | ||
SECTION 2. This Act takes effect September 1, 2023. |