By:  Ellis                                             S.B. No. 456
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the creation of the offenses of hate crime and
    1-2  institutional vandalism, civil actions for hate crimes, and the
    1-3  collection and maintenance of information about hate crimes;
    1-4  prohibiting inmates of the institutional division of the Texas
    1-5  Department of Criminal Justice from receiving hate publications.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Chapter 42, Penal Code, is amended by adding
    1-8  Sections 42.15 and 42.16 to read as follows:
    1-9        Sec. 42.15.  HATE CRIME.  (a)  A person commits an offense if
   1-10  the person:
   1-11              (1)  commits an offense defined by one of the following
   1-12  sections of this code:
   1-13                    (A)  Section 19.02 (Murder);
   1-14                    (B)  Section 20.02 (False imprisonment);
   1-15                    (C)  Section 20.03 (Kidnapping);
   1-16                    (D)  Section 22.01 (Assault);
   1-17                    (E)  Section 22.011 (Sexual assault); or
   1-18                    (F)  Section 42.07 (Harassment); and
   1-19              (2)  commits the offense because of some characteristic
   1-20  that the victim possesses or is perceived by the actor to possess
   1-21  as a member of a disfavored group, as defined by Section 138.001,
   1-22  Civil Practice and Remedies Code.
   1-23        (b)  An offense under this section is punishable as a
    2-1  misdemeanor or felony that is one degree higher than that of the
    2-2  underlying offense, unless the underlying offense is punishable as
    2-3  a felony of the first degree, in which event an offense under this
    2-4  section is a felony of the first degree.
    2-5        Sec. 42.16.  INSTITUTIONAL VANDALISM.  (a)  A person commits
    2-6  an offense if the person:
    2-7              (1)  commits an offense defined by one of the following
    2-8  sections of this code:
    2-9                    (A)  Section 28.03 (Criminal mischief);
   2-10                    (B)  Section 30.05 (Criminal trespass); or
   2-11                    (C)  Section 42.09 (Desecration of venerated
   2-12  object); and
   2-13              (2)  commits the offense because of some characteristic
   2-14  that the person or group memorialized by, or the owner, occupant,
   2-15  or lessee of, property that is the subject of the offense possesses
   2-16  or is perceived by the actor to possess as a member of a disfavored
   2-17  group, as defined by Section 138.001, Civil Practice and Remedies
   2-18  Code.
   2-19        (b)  An offense under this section is punishable as a
   2-20  misdemeanor or felony that is one degree higher than that of the
   2-21  underlying offense.
   2-22        SECTION 2.  Title 6, Civil Practice and Remedies Code, is
   2-23  amended by adding Chapter 138 to read as follows:
   2-24             CHAPTER 138.  CIVIL ACTION FOR INSTITUTIONAL
   2-25                       VANDALISM AND HATE CRIME
    3-1        Sec. 138.001.  DEFINITION.  In this chapter, "disfavored
    3-2  group" means a distinct group against which a history of violence
    3-3  exists and about which pervasive and well-known stereotypes exist.
    3-4        Sec. 138.002.  FREEDOM FROM INSTITUTIONAL VANDALISM AND HATE
    3-5  CRIME.  A person in this state has the right to be free from
    3-6  violence and the threat of violence against the person and from any
    3-7  loss of or damage to and threat of loss of or damage to the
    3-8  person's property because of some characteristic that the person
    3-9  possesses or is perceived to possess as a member of a disfavored
   3-10  group.
   3-11        Sec. 138.003.  CAUSE OF ACTION.  (a)  A person who suffers
   3-12  personal injury or damage to or loss of property as a result of
   3-13  conduct described by Section 42.15 or 42.16, Penal Code, may bring
   3-14  an action to secure an injunction, damages, or other appropriate
   3-15  relief against the person who violated either of those sections,
   3-16  whether or not the person who committed the violation was
   3-17  subsequently prosecuted for or convicted or acquitted of the
   3-18  offense.
   3-19        (b)  In an action under this chapter, whether conduct
   3-20  described by Section 42.15 or 42.16, Penal Code, has occurred shall
   3-21  be determined by a preponderance of the evidence.
   3-22        Sec. 138.004.  DAMAGES.  On prevailing in an action under
   3-23  this chapter, the plaintiff may recover:
   3-24              (1)  actual damages, including damages for emotional
   3-25  distress;
    4-1              (2)  punitive damages; and
    4-2              (3)  reasonable attorney fees and court costs.
    4-3        Sec. 138.005.  MINORS.  Notwithstanding any other provision
    4-4  of law, the parent or legal guardian of an unemancipated minor is
    4-5  liable for a judgment rendered against the minor under this
    4-6  chapter.
    4-7        SECTION 3.  Subchapter D, Chapter 411, Government Code, is
    4-8  amended by adding Section 411.046 to read as follows:
    4-9        Sec. 411.046.  HATE CRIME REPORTING AND TRAINING.  (a)  The
   4-10  bureau of identification and records shall establish and maintain a
   4-11  central repository for the collection and analysis of information
   4-12  relating to crimes that are motivated by bigotry and bias
   4-13  <prejudice, hatred, or advocacy of violence, including, but not
   4-14  limited to, incidents for which statistics are or were kept under
   4-15  Public Law No. 101-275, as that law existed on September 1, 1991>.
   4-16  On establishing the repository, the department shall develop a
   4-17  procedure to monitor, record, classify, and analyze information
   4-18  relating to incidents apparently directed against persons or <and>
   4-19  property because of some characteristic that a person possesses or
   4-20  is perceived by an actor to possess as a member of a disfavored
   4-21  group, as defined by Section 138.001, Civil Practice and Remedies
   4-22  Code <that are apparently motivated by the factors listed in this
   4-23  subsection>.
   4-24        (b)  Local law enforcement agencies shall report offenses
   4-25  described by Subsection (a) in the form and manner and at regular
    5-1  intervals as prescribed by rules adopted by the department.  The
    5-2  department shall summarize and analyze information received under
    5-3  this subsection and file an annual report with the governor and
    5-4  legislature containing the summary and analysis.
    5-5        (c)  The department shall make information, records, and
    5-6  statistics collected under this section available to any local
    5-7  enforcement agency, political subdivision, or state agency to the
    5-8  extent that the information is reasonably necessary or useful to
    5-9  the agency or subdivision in carrying out duties imposed by law on
   5-10  the agency or subdivision.  <This subsection may not be construed
   5-11  to limit access to information, records, or statistics which access
   5-12  if permitted by other law.>  Dissemination of the names of
   5-13  defendants and victims is subject to all confidentiality
   5-14  requirements otherwise imposed by law.
   5-15        (d)  The department shall provide training for law
   5-16  enforcement officers in identifying, responding to, and reporting
   5-17  all criminal offenses motivated by some characteristic that a
   5-18  person possesses or is perceived by an actor to possess as a member
   5-19  of a disfavored group, as defined by Section 138.001, Civil
   5-20  Practice and Remedies Code.
   5-21        SECTION 4.  Chapter 499, Government Code, is amended by
   5-22  adding Section 499.008 to read as follows:
   5-23        Sec. 499.008.  PROHIBITED PUBLICATIONS.  The Texas Board of
   5-24  Criminal Justice shall by rule prohibit an inmate from receiving
   5-25  any publication that the board determines:
    6-1              (1)  constitutes an imminent threat to the security,
    6-2  order, or discipline in the institutional division because the
    6-3  publication appeals to hatred of a person or group on the basis of
    6-4  some characteristic that the person or group possesses or is
    6-5  perceived by others to possess as a member of a disfavored group,
    6-6  as defined by Section 138.001, Civil Practice and Remedies Code;
    6-7              (2)  depicts, describes, or encourages activities that
    6-8  may lead to the use of physical violence against a person or group
    6-9  on the basis of some characteristic that the person or group
   6-10  possesses or is perceived by others to possess as a member of a
   6-11  disfavored group, as defined by Section 138.001, Civil Practice and
   6-12  Remedies Code; or
   6-13              (3)  encourages or instructs a person in the commission
   6-14  of a hate crime, as described by Section 42.15, Penal Code.
   6-15        SECTION 5.  (a)  The change in law made by Section 1 of this
   6-16  Act applies only to the punishment for an offense committed on or
   6-17  after the effective date of this Act.  For purposes of this
   6-18  section, an offense is committed before the effective date of this
   6-19  Act if any element of the offense occurs before the effective date.
   6-20        (b)  The punishment for an offense committed before the
   6-21  effective date of this Act is covered by the law in effect when the
   6-22  offense was committed, and the former law is continued in effect
   6-23  for this purpose.
   6-24        SECTION 6.  This Act takes effect September 1, 1993.
   6-25        SECTION 7.  The importance of this legislation and the
    7-1  crowded condition of the calendars in both houses create an
    7-2  emergency and an imperative public necessity that the
    7-3  constitutional rule requiring bills to be read on three several
    7-4  days in each house be suspended, and this rule is hereby suspended.