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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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  of obsolete or outdated technologies.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," [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 4.03.  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 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, [or] criminal street gang, or
  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, [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 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, [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 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, [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 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, [or] criminal street gang, or foreign terrorist
  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, [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 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 [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 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, [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 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 [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 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, [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 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;
  [and]
               (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) [(1)]  the Texas Department of Rural Affairs;
                     (B) [(2)]  the Texas Department of Housing and
  Community Affairs;
                     (C) [(3)]  the Texas Water Development Board;
                     (D) [(4)]  the Texas Department of
  Transportation;
                     (E) [(5)]  the Texas Commission on Environmental
  Quality;
                     (F) [(6)]  the Texas Workforce Commission;
                     (G) [(7)]  the Department of State Health
  Services;
                     (H) [(8)] the Health and Human Services
  Commission;
                     (I) [(9)]  the General Land Office;
                     (J) [(10)]  the Texas Economic Development and
  Tourism Office;
                     (K) [(11)]  the Office of State-Federal
  Relations;
                     (L) [(12)]  the Texas Higher Education
  Coordinating Board;
                     (M) [(13)]  the attorney general's office;
                     (N) [(14)]  the secretary of state's office;
                     (O) [(15)]  the Department of Public Safety;
  [and]
                     (P) [(16)]  the Railroad Commission of Texas;
                     (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.
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