88R14826 JRR-D
	By: Flores	S.B. No. 1427

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain criminal conduct and organizations that
	threaten the security of this state and its residents and borders;
	increasing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. CRIMINAL CONDUCT INVOLVING SMUGGLING OF PERSONS OR
	OPERATION OF A STASH HOUSE
	SECTION 1.01.  Section 12.50, Penal Code, is amended by
	amending Subsections (a), (b), and (c) and adding Subsection (d) to
	read as follows:
	(a)  Subject to Subsections [Subsection] (c) and (d), the
	punishment for an offense described by Subsection (b) is increased
	to the punishment prescribed for the next higher category of
	offense if it is shown on the trial of the offense that the offense
	was committed in an area that was, at the time of the offense:
	(1)  subject to a declaration of a state of disaster
	made by:
	(A)  the president of the United States under the
	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
	U.S.C. Section 5121 et seq.);
	(B)  the governor under Section 418.014,
	Government Code; or
	(C)  the presiding officer of the governing body
	of a political subdivision under Section 418.108, Government Code;
	or
	(2)  subject to an emergency evacuation order.
	(b)  The increase in punishment authorized by this section
	applies only to an offense under:
	(1)  Section 20.05;
	(2)  Section 20.06;
	(3)  Section 20.07;
	(4)  Section 22.01;
	(5) [(2)]  Section 28.02;
	(6) [(3)]  Section 29.02;
	(7) [(4)]  Section 30.02;
	(8) [(5)]  Section 30.03;
	(9) [(6)]  Section 30.04;
	(10) [(7)]  Section 30.05; and
	(11) [(8)]  Section 31.03.
	(c)  If an offense listed under Subsection (b) [(b)(1), (5),
	(6), (7), or (8)] is punishable as a Class A misdemeanor, the
	minimum term of confinement for the offense is increased to 180
	days.  Except as provided by Subsection (d), if [If] an offense
	listed under Subsection (b) [(b)(2), (4), or (8)] is punishable as a
	felony of the first degree, the punishment for that offense may not
	be increased under this section.
	(d)  Except as otherwise provided by this subsection, the
	minimum term of imprisonment for an offense listed under Subsection
	(b)(1) or (2) for which punishment is increased under this section
	is 10 years. If an offense listed under Subsection (b)(1) or (2) is
	punishable as a felony of the first degree, the minimum term of
	imprisonment is increased to 15 years unless another provision of
	law applicable to the offense provides for a minimum term of
	imprisonment of 15 years or more.
	SECTION 1.02.  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 1.03.  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 1.04.  Section 20.07(b), Penal Code, is amended to
	read as follows:
	(b)  An offense under this section is a felony of the third
	degree [Class A misdemeanor].
	SECTION 1.05.  The changes in law made by this article apply
	only to an offense committed on or after the effective date of this
	Act. An offense committed before the effective date of this Act 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 Act if any element of the offense was
	committed before that date.
	ARTICLE 2.  FOREIGN TERRORIST ORGANIZATIONS
	SECTION 2.01.  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 2.02.  Sections 125.061(1) and (3), Civil Practice
	and Remedies Code, are amended to read as follows:
	(1)  "Combination," [and] "criminal street gang," and
	"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 [, or
	inducing gang] membership in a criminal street gang or foreign
	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 2.03.  Section 125.062, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 125.062.  PUBLIC NUISANCE; COMBINATION. A
	combination, [or] criminal street gang, or foreign terrorist
	organization that continuously or regularly associates in gang
	activities is a public nuisance.
	SECTION 2.04.  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, [or] criminal street gang, or
	foreign terrorist organization for engaging in gang activity is a
	public nuisance.
	SECTION 2.05.  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, [or] criminal
	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 2.06.  Section 125.065(a), Civil Practice and
	Remedies Code, is amended to read as follows:
	(a)  If the court finds that a combination, [or] criminal
	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, [or] criminal street gang,
	or foreign terrorist organization; and
	(2)  imposing other reasonable requirements to prevent
	the combination, [or] criminal street gang, or foreign terrorist
	organization from engaging in future gang activities.
	SECTION 2.07.  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, [or] a criminal street gang, or a foreign terrorist
	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, [or] a criminal street gang, or a foreign
	terrorist organization is prima facie evidence that the proprietor
	knowingly permitted the act, unless the act constitutes conspiring
	to commit gang activity.
	SECTION 2.08.  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 2.09.  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, [or] criminal street gang, or foreign terrorist
	organization for the purpose of investigating or prosecuting a
	criminal offense.
	SECTION 2.10.  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, [or] criminal
	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 2.11.  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 [membership] that is made during a judicial
	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 [membership] that is not made during a judicial
	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 [member] by a reliable informant or other individual;
	(iii)  a corroborated identification of the
	individual as a member of a criminal street gang or foreign
	terrorist organization [member] by an informant or other individual
	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 [members];
	(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 [members] for an
	offense or conduct consistent with [criminal street] gang activity
	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 [member], other than a family member of the
	individual, while the [gang] member is confined in or committed to a
	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 [members].
	SECTION 2.12.  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, [or]
	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 2.13.  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 2.14.  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 2.15.  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 2.16.  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 [gang-related] crimes
	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 2.17.  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 2.18.  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, [or] 20.06, or
	20.07;
	(18)  any offense under Section 16.02; or
	(19)  any offense classified as a felony under the Tax
	Code.
	SECTION 2.19.  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 2.20.  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 2.21.  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 2.22.  Section 5.005, Property Code, is amended to
	read as follows:
	Sec. 5.005.  ALIENS. Except as provided by Section 5.0051,
	an [An] alien has the same real and personal property rights as a
	United States citizen.
	SECTION 2.23.  Subchapter A, Chapter 5, Property Code, is
	amended by adding Section 5.0051 to read as follows:
	Sec. 5.0051.  ACQUISITION OF TITLE TO REAL PROPERTY BY
	FOREIGN TERRORIST ORGANIZATION. Notwithstanding any other law, a
	foreign terrorist organization, as defined by Section 71.01, Penal
	Code, and identified by the Department of Public Safety
	intelligence database described by Article 67.052, Code of Criminal
	Procedure, may not purchase or otherwise acquire title to real
	property in this state.
	SECTION 2.24.  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 Act. An action
	commenced before the effective date of this Act is governed by the
	law as it existed immediately before the effective date of this Act,
	and the former law is continued in effect for that purpose.
	SECTION 2.25.  Chapter 71, Penal Code, as amended by this
	article, applies only to an offense committed on or after the
	effective date of this Act. An offense committed before the
	effective date of this Act 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 Act if any element
	of the offense occurred before that date.
	SECTION 2.26.  Section 5.0051, Property Code, as added by
	this article, applies only to the purchase of or acquisition of
	title to real property on or after the effective date of this Act.
	ARTICLE 3.  EFFECTIVE DATE
	SECTION 3.01.  This Act takes effect September 1, 2023.