Bill Text: TX SB1993 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to civil and criminal liability for engaging in certain conduct involving a critical infrastructure facility; creating criminal offenses.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-05-07 - Co-author authorized [SB1993 Detail]
Download: Texas-2019-SB1993-Introduced.html
By: Birdwell | S.B. No. 1993 | |
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relating to civil and criminal liability for engaging in certain | ||
conduct involving a critical infrastructure facility; creating | ||
criminal offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Critical | ||
Infrastructure Protection Act. | ||
SECTION 2. Subtitle B, Title 4, Government Code, is amended | ||
by adding Chapter 424 to read as follows: | ||
CHAPTER 424. PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES | ||
Sec. 424.001. DEFINITION. In this chapter "critical | ||
infrastructure facility" has the meaning assigned by Section | ||
423.0045(a)(1-a), Government Code, and also includes a critical | ||
infrastructure facility that is being constructed and all of the | ||
equipment and appurtenances used during that construction. | ||
Sec. 424.002. OFFENSE: DAMAGE TO CRITICAL INFRASTRUCTURE | ||
FACILITY. (a) A person commits an offense if, without the | ||
effective consent of the owner: | ||
(1) the person intentionally or knowingly damages, | ||
destroys, vandalizes, defaces, or tampers with critical | ||
infrastructure facility; or | ||
(2) the person intentionally or knowingly impedes, | ||
inhibits, or interferes with the operation of a critical | ||
infrastructure facility. | ||
(b) An offense under this section is a second degree felony. | ||
(c) If conduct constituting an offense under this section | ||
also constitutes an offense under another law, the actor may be | ||
prosecuted under this section, the other law, or both. | ||
(d) Notwithstanding any provision in Section 12.51, Penal | ||
Code and in accordance with Chapter 7, Penal Code, a court shall | ||
sentence a corporation or association adjudged guilty of an offense | ||
in this section and subject to the punishment under subsection (b) | ||
to pay a fine equal to the maximum possible amount of the applicable | ||
fine multiplied by 100. | ||
(e) If a defendant is convicted of an offense under Section | ||
424.002 or 424.003 and the offense results in damage to or | ||
destruction of property, a court may order the defendant to make | ||
restitution to the owner of the destroyed or damaged property, or | ||
the owner's designee, in an amount equal to the value of the | ||
property on the date of the damage or destruction pursuant to | ||
Article 42.037 of the Code of Criminal Procedure. | ||
Sec. 424.003. OFFENSE: INTENT TO DAMAGE CRITICAL | ||
INFRASTRUCTURE FACILITY. (a) A person commits an offense if, | ||
without the effective consent of the owner, the person enters or | ||
remains on or in a critical infrastructure facility with the | ||
intent: | ||
(1) to damage, destroy, vandalize, deface, or tamper | ||
with the facility; or | ||
(2) to impede, inhibit, or interfere with the | ||
operation of the facility. | ||
(b) An offense under this section is a state jail felony. | ||
(c) If conduct constituting an offense under this section | ||
also constitutes an offense under another law, the actor may be | ||
prosecuted under this section, the other law, or both. | ||
(d) Nothwithstanding any provision in Section 12.51, Penal | ||
Code and in accordance with Chapter 7, Penal Code, a court shall | ||
sentence a corporation or association adjudged guilty of an offense | ||
in this section and subject to the punishment under subsection (b) | ||
to pay a fine equal to the maximum possible amount of the applicable | ||
fine multiplied by 100. | ||
(e) If a defendant is convicted of an offense under Section | ||
424.002 or 424.003 and the offense results in damage to or | ||
destruction of property, a court may order the defendant to make | ||
restitution to the owner of the destroyed or damaged property, or | ||
the owner's designee, in an amount equal to the value of the | ||
property on the date of the damage or destruction pursuant to | ||
Article 42.037 of the Code of Criminal Procedure. | ||
Sec. 424.004. CIVIL LIABILITY FOR DAMAGE TO CRITICAL | ||
INFRASTRUCTURE FACILITY. (a) A defendant who engages in conduct | ||
constituting an offense under Section 424.002 or 424.003 is liable | ||
to the property owner, as provided by this section, for damages | ||
arising from that conduct. | ||
(b) It is not a defense to liability under this section that | ||
a defendant has been acquitted or has not been prosecuted or | ||
convicted under Section 424.002 or 424.003, or has been convicted | ||
of a different offense or of a different type or class of offense, | ||
for the conduct that is alleged to give rise to liability under this | ||
section. | ||
Sec. 424.005. CERTAIN VICARIOUS LIABILITY. Regardless of | ||
the relationship between the organization and the person, an | ||
organization that compensates a person for engaging in conduct | ||
occurring on the premises of a critical infrastructure facility is | ||
vicariously liable to the property owner, as provided by this | ||
chapter, for damages arising from the conduct if the conduct | ||
constituted an offense under Section 424.002 or 424.003. | ||
Sec. 424.006. DAMAGES. (a) A claimant who prevails in a | ||
suit under Section 424.004 or 424.005 shall be awarded: | ||
(1) actual damages; | ||
(2) court costs; and | ||
(3) reasonable attorney's fees. | ||
(b) In addition to an award under Subsection (a) and | ||
notwithstanding Section 41.008(c), Civil Practices and Remedies | ||
Code, a claimant who prevails in a suit under Section 424.004 or | ||
424.005 may recover exemplary damages. | ||
Sec. 424.007. CAUSE OF ACTION CUMULATIVE. The cause of | ||
action created by Section 424.004 or 424.005 is cumulative of any | ||
other remedy provided by common law or statute. | ||
Sec. 424.009. NONAPPLICABILITY. Chapter 27, Civil | ||
Practices and Remedies Code, does not apply to a cause of action | ||
under this chapter. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrues before the effective date | ||
of this Act is governed by the law in effect immediately before that | ||
date, and that law is continued in effect for that purpose. | ||
SECTION 4. The change in law made by this Act 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 the | ||
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 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |