Amend CSHB 2086 by adding the following appropriately 
numbered SECTIONS to the bill and renumbering subsequent SECTIONS 
of the bill accordingly:
	SECTION ____.  Subsection (e), Section 15.031, Penal Code, 
is amended to read as follows:
	(e)  An offense under this section is one category lower than 
the solicited offense, except that an offense under this section is 
the same category as the solicited offense if it is shown on the 
trial of the offense that the actor:
		(1)  was at the time of the offense 17 years of age or 
older and a member of a criminal street gang, as defined by Section 
71.01; and
		(2)  committed the offense with the intent to:                         
			(A)  further the criminal activities of the 
criminal street gang; or
			(B)  avoid detection as a member of a criminal 
street gang.         
	SECTION ____.  Subsection (a), Section 22.015, Penal Code, 
is amended by adding Subdivision (3) to read as follows:
		(3)  "Family" has the meaning assigned by Section 
71.003, Family Code.
	SECTION ____.  Subsection (b), Section 22.015, Penal Code, 
is amended to read as follows:
	(b)  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, 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 ____.  Chapter 33, Penal Code, is amended by adding 
Section 33.06 to read as follows:
	Sec. 33.06.  ONLINE HARASSMENT TO FURTHER INTERESTS OF 
CRIMINAL STREET GANG.  (a)  In this section:
		(1)  "Commercial social networking site" means any 
business, organization, or other similar entity operating a website 
that permits persons to become registered users for the purpose of 
establishing personal relationships with other users through 
direct or real-time communication with other users or the creation 
of web pages or profiles available to the public or to other users.  
The term does not include an electronic mail program.
		(2)  "Criminal street gang" has the meaning assigned by 
Section 71.01.
		(3)  "Electronic communication" means the transmission 
of a sign, signal, writing, image, sound, text, or other data 
through the use of an electronic device, including a telephone, 
cellular telephone, text messaging device, personal data 
assistant, computer, or wireless communications device.
	(b)  A person commits an offense if the person sends an 
electronic communication or posts a message on an electronic 
message board or commercial social networking site with the intent 
to:
		(1)  abuse, intimidate, harass, alarm, or threaten 
another person; and
		(2)  benefit, promote, or further the interests of a 
criminal street gang.
	(c)  An offense under this section is a Class B misdemeanor, 
except that the offense is a Class A misdemeanor if the actor has 
previously been convicted of an offense under this section.
	SECTION ____.  Subsection (a), Section 71.02, 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, 
the person [he] 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, 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 
through forgery, fraud, misrepresentation, or deception;
		(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 or 35;                                     
		(11)  any offense under Section 37.11(a);                                     
		(12)  any offense under Chapter 20A; [or]                    
		(13)  any offense under Section 37.10;                                 
		(14)  any offense under Section 28.08; or                              
		(15)  any offense under Section 46.06(a)(1) or 46.14.                  
	SECTION ____.  Chapter 71, Penal Code, is amended by adding 
Sections 71.023, 71.028, and 71.029 to read as follows:
	Sec. 71.023.  DIRECTING ACTIVITIES OF CERTAIN CRIMINAL 
STREET GANGS.  (a)  A person commits an offense if the person 
knowingly initiates, organizes, plans, finances, directs, manages, 
or supervises a criminal street gang or members of a criminal street 
gang with the intent to benefit, promote, or further the interests 
of the criminal street gang or to increase the person's standing, 
position, or status in the criminal street gang.
	(b)  An offense under this section is a felony of the first 
degree.   
	(c)  Notwithstanding Section 71.01, in this section, 
"criminal street gang" means:
		(1)  an organization that:                                             
			(A)  has more than 10 members whose names are 
included in an intelligence database under Chapter 61, Code of 
Criminal Procedure;
			(B)  has a hierarchical structure that has been 
documented in an intelligence database under Chapter 61, Code of 
Criminal Procedure;
			(C)  engages in profit-sharing among two or more 
members of the organization; and
			(D)  in one or more regions of this state served by 
different regional councils of government, continuously or 
regularly engages in conduct:
				(i)  that constitutes an offense listed in 
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
				(ii)  in which it is alleged that a deadly 
weapon is used or exhibited during the commission of or immediate 
flight from the commission of any felony offense; or
				(iii)  that is punishable as a felony of the 
first or second degree under Chapter 481, Health and Safety Code; or
		(2)  an organization that, in collaboration with an 
organization described by Subdivision (1), engages in conduct or 
commits an offense or conspires to engage in conduct or commit an 
offense described by Subdivision (1)(D).
	Sec. 71.028.  GANG-FREE ZONES.  (a)  In this section:                   
		(1)  "Institution of higher education," "playground," 
"premises," "school," "video arcade facility," and "youth center" 
have the meanings assigned by Section 481.134, Health and Safety 
Code.
		(2)  "Shopping mall" means an enclosed public walkway 
or hall area that connects retail, service, or professional 
establishments.
	(b)  Except as provided by Subsection (c), the punishment 
prescribed for an offense under Section 71.02 is increased to the 
punishment prescribed for the next highest category of offense if 
the actor is 17 years of age or older and it is shown beyond a 
reasonable doubt on the trial of the offense that the actor 
committed the offense at a location that was:
		(1)  in, on, or within 1,000 feet of any:                              
			(A)  real property that is owned, rented, or 
leased by a school or school board;
			(B)  premises owned, rented, or leased by an 
institution of higher education;
			(C)  shopping mall;                                                   
			(D)  movie theater;                                                   
			(E)  premises of a public or private youth center; 
or               
			(F)  playground;                                                      
		(2)  in, on, or within 300 feet of the premises of a 
public swimming pool or video arcade facility; or
		(3)  on a school bus.                                                  
	(c)  The punishment prescribed for an offense under Section 
71.02 may not be increased under this section if the offense is 
punishable under Section 71.02 as a felony of the first degree.
	Sec. 71.029.  MAPS AS EVIDENCE OF LOCATION OR AREA.  (a)  In a 
prosecution of an offense for which punishment is increased under 
Section 71.028, a map produced or reproduced by a municipal or 
county engineer for the purpose of showing the location and 
boundaries of gang-free zones is admissible in evidence and is 
prima facie evidence of the location or boundaries of those zones if 
the governing body of the municipality or county adopts a 
resolution or ordinance approving the map as an official finding 
and record of the location or boundaries of those zones.
	(b)  A municipal or county engineer may, on request of the 
governing body of the municipality or county, revise a map that has 
been approved by the governing body of the municipality or county as 
provided by Subsection (a).
	(c)  A municipal or county engineer shall file the original 
or a copy of every approved or revised map approved as provided by 
Subsection (a) with the county clerk of each county in which the 
zone is located.
	(d)  This section does not prevent the prosecution from:                
		(1)  introducing or relying on any other evidence or 
testimony to establish any element of an offense for which 
punishment is increased under Section 71.028; or
		(2)  using or introducing any other map or diagram 
otherwise admissible under the Texas Rules of Evidence.
	SECTION ____.  Subchapter D, Chapter 37, Education Code, is 
amended by adding Section 37.110 to read as follows:
	Sec. 37.110.  INFORMATION REGARDING GANG-FREE ZONES.  The 
superintendent of each public school district and the administrator 
of each private elementary or secondary school located in the 
public school district shall ensure that the student handbook for 
each campus in the public school district includes information on 
gang-free zones and the consequences of engaging in organized 
criminal activity within those zones.
	SECTION ____.  Subchapter Z, Chapter 51, Education Code, is 
amended by adding Section 51.973 to read as follows:
	Sec. 51.973.  INFORMATION REGARDING GANG-FREE ZONES.  The 
governing board of each institution of higher education shall 
ensure that any student handbook or similar publication for the 
institution includes information on gang-free zones and the 
consequences of engaging in organized criminal activity within 
those zones.
	SECTION ____.  Subchapter C, Chapter 42, Human Resources 
Code, is amended by adding Section 42.064 to read as follows:
	Sec. 42.064.  INFORMATION REGARDING GANG-FREE ZONES.  Each 
day-care center shall, in accordance with rules adopted by the 
executive commissioner, distribute to parents and guardians of 
children who attend the center information on gang-free zones and 
the consequences of engaging in organized criminal activity within 
those zones.
	SECTION ____.  Section 37.110, Education Code, as added by 
this Act, applies beginning with the public school district's 
2009-2010 school year.
	SECTION ____.  Section 51.973, Education Code, as added by 
this Act, applies beginning with the 2009 fall semester.
	SECTION ____.  Subsection (e), Section 15.031, Subsection 
(b), Section 22.015, and Subsection (a), Section 71.02, Penal Code, 
as amended by this Act, and Section 71.028, Penal Code, as added by 
this Act, 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 covered by the law in effect when 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 ____.  Subchapter D, Chapter 125, Civil Practice and 
Remedies Code, is amended by adding Section 125.070 to read as 
follows:
	Sec. 125.070.  CIVIL ACTION FOR VIOLATION OF INJUNCTION.  
(a)  In this section, "governmental entity" means a political 
subdivision of this state, including any city, county, school 
district, junior college district, levee improvement district, 
drainage district, irrigation district, water improvement 
district, water control and improvement district, water control and 
preservation district, freshwater supply district, navigation 
district, conservation and reclamation district, soil conservation 
district, communication district, public health district, and 
river authority.
	(b)  A criminal street gang or a member of a criminal street 
gang 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, the plaintiff must show that the member violated the 
temporary or permanent injunctive order.
	(d)  A district, county, or city attorney or the attorney 
general may sue for money damages on behalf of the state or a 
governmental entity.  If the state or a governmental entity 
prevails in a suit under this section, the state or governmental 
entity may recover:
		(1)  actual damages;                                                   
		(2)  a civil penalty in an amount not to exceed $20,000 
for each violation; and
		(3)  court costs and attorney's fees.                                  
	(e)  The property of the criminal street gang or a member of 
the street gang may be seized in execution on a judgment under this 
section.
	(f)  The attorney general shall deposit money received under 
this section for damages or as a civil penalty in the neighborhood 
and community recovery fund held by the attorney general outside 
the state treasury.  Money in the fund is held by the attorney 
general in trust for the benefit of the community or neighborhood 
harmed by the violation of a temporary or permanent injunctive 
order.  Money in the fund may be used only for the benefit of the 
community or neighborhood harmed by the violation of the injunctive 
order.  Interest earned on money in the fund shall be credited to 
the fund.  The attorney general shall account for money in the fund 
so that money held for the benefit of a community or neighborhood, 
and interest earned on that money, are not commingled with money in 
the fund held for the benefit of a different community or 
neighborhood.
	(g)  A district, county, or city attorney who brings suit on 
behalf of a governmental entity shall deposit money received for 
damages or as a civil penalty in an account to be held in trust for 
the benefit of the community or neighborhood harmed by the 
violation of a temporary or permanent injunctive order.  Money in 
the account may be used only for the benefit of the community or 
neighborhood harmed by the violation of the injunctive order.  
Interest earned on money in the account shall be credited to the 
account.  The district, county, or city attorney shall account for 
money in the account so that money held for the benefit of a 
community or neighborhood, and interest earned on that money, are 
not commingled with money in the account held for the benefit of a 
different community or neighborhood.
	(h)  An action under this section brought by the state or a 
governmental entity does not waive sovereign or governmental 
immunity for any purpose.
	SECTION ____.  Subdivision (2), Article 59.01, Code of 
Criminal Procedure, as amended by Chapters 127 (S.B. 1694), 822 
(H.B. 73), and 885 (H.B. 2278), Acts of the 80th Legislature, 
Regular Session, 2007, is reenacted and amended to read as follows:
		(2)  "Contraband" means property of any nature, 
including real, personal, tangible, or intangible, that is:
			(A)  used in the commission of:                                              
				(i)  any first or second degree felony under 
the Penal Code;              
				(ii)  any felony under Section 15.031(b), 
20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, 
31, 32, 33, 33A, or 35, Penal Code;
				(iii)  any felony under The Securities Act 
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
				(iv)  any offense under Chapter 49, Penal 
Code, that is punishable as a felony of the third degree or state 
jail felony, if the defendant has been previously convicted three 
times of an offense under that chapter;
			(B)  used or intended to be used in the commission 
of:                     
				(i)  any felony under Chapter 481, Health 
and Safety Code (Texas Controlled Substances Act);
				(ii)  any felony under Chapter 483, Health 
and Safety Code;               
				(iii)  a felony under Chapter 153, Finance 
Code;                          
				(iv)  any felony under Chapter 34, Penal 
Code;                            
				(v)  a Class A misdemeanor under Subchapter 
B, Chapter 365, Health and Safety Code, if the defendant has been 
previously convicted twice of an offense under that subchapter;
				(vi)  any felony under Chapter 152, Finance 
Code;                         
				(vii)  any felony under Chapter 32, Human 
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that 
involves the state Medicaid program;
				(viii)  a Class B misdemeanor under Chapter 
522, Business & Commerce Code; [or]
				(ix)  a Class A misdemeanor under Section 
35.153, Business & Commerce Code;
				(x)  any offense under Chapter 71, Penal 
Code; or                  
				(xi)  any offense under Section 46.06(a)(1) 
or 46.14, Penal Code;  
			(C)  the proceeds gained from the commission of a 
felony listed in Paragraph (A) or (B) of this subdivision, a 
misdemeanor listed in Paragraph (B)(viii), (x), or (xi) of this 
subdivision, or a crime of violence;
			(D)  acquired with proceeds gained from the 
commission of a felony listed in Paragraph (A) or (B) of this 
subdivision, a misdemeanor listed in Paragraph (B)(viii), (x), or 
(xi) of this subdivision, or a crime of violence; or
			(E)  used to facilitate or intended to be used to 
facilitate the commission of a felony under Section 15.031 or 
43.25, Penal Code.
	SECTION ____.  Chapter 59, Code of Criminal Procedure, is 
amended by adding Article 59.011 to read as follows:
	Art. 59.011.  ELECTION OF FORFEITURE PROCEEDING.  If 
property described by Article 59.01(2)(B)(x) or (xi) is subject to 
forfeiture under this chapter and Article 18.18, the attorney 
representing the state may proceed under either this chapter or 
that article.
	SECTION ____.  Section 125.070, Civil Practice and Remedies 
Code, as added 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 accrued before the effective date of this Act is 
governed by the law in effect immediately before the effective date 
of this Act, and that law is continued in effect for that purpose.
	SECTION ____.  Subdivision (2), Article 59.01, Code of 
Criminal Procedure, as amended by this Act, and Article 59.011, 
Code of Criminal Procedure, as added by this Act, apply only to the 
forfeiture of property used in the commission of an offense 
committed on or after the effective date of this Act.  Forfeiture of 
property used in the commission of an offense committed before the 
effective date of this Act is governed by the law in effect when 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 ____.  Article 42.01, Code of Criminal Procedure, is 
amended by adding Section 9 to read as follows:
	Sec. 9.  In addition to the information described by Section 
1, the judgment should reflect affirmative findings entered 
pursuant to Article 42.0197.
	SECTION ____.  Chapter 42, Code of Criminal Procedure, is 
amended by adding Article 42.0197 to read as follows:
	Art. 42.0197.  FINDING REGARDING GANG-RELATED CONDUCT.  In 
the trial of an offense, on the motion of the attorney representing 
the state the judge shall make an affirmative finding of fact and 
enter the affirmative finding in the judgment in the case if the 
judge determines that the applicable conduct was engaged in as part 
of the activities of a criminal street gang as defined by Section 
71.01, Penal Code.
	SECTION ____.  Subsection (a), Section 11, Article 42.12, 
Code of Criminal Procedure, is amended to read as follows:
	(a)  The judge of the court having jurisdiction of the case 
shall determine the conditions of community supervision and may, at 
any time[,] during the period of community supervision, alter or 
modify the conditions.  The judge may impose any reasonable 
condition that is designed to protect or restore the community, 
protect or restore the victim, or punish, rehabilitate, or reform 
the defendant.  Conditions of community supervision may include, 
but shall not be limited to, the conditions that the defendant 
shall:
		(1)  Commit no offense against the laws of this State or 
of any other State or of the United States;
		(2)  Avoid injurious or vicious habits;                                       
		(3)  Avoid persons or places of disreputable or harmful 
character, including any person, other than a family member of the 
defendant, who is an active member of a criminal street gang;
		(4)  Report to the supervision officer as directed by 
the judge or supervision officer and obey all rules and regulations 
of the community supervision and corrections department;
		(5)  Permit the supervision officer to visit the 
defendant at the defendant's home or elsewhere;
		(6)  Work faithfully at suitable employment as far as 
possible;             
		(7)  Remain within a specified place;                                         
		(8)  Pay the defendant's fine, if one is [be] assessed, 
and all court costs whether a fine is [be] assessed or not, in one or 
several sums;
		(9)  Support the defendant's dependents;                                      
		(10)  Participate, for a time specified by the judge,
in any community-based program, including a community-service work 
program under Section 16 of this article;
		(11)  Reimburse the county in which the prosecution was 
instituted for compensation paid to appointed counsel for defending 
the defendant in the case, if counsel was appointed, or if the 
defendant was represented by a county-paid public defender, in an 
amount that would have been paid to an appointed attorney had the 
county not had a public defender;
		(12)  Remain under custodial supervision in a community 
corrections facility, obey all rules and regulations of the [such] 
facility, and pay a percentage of the defendant's income to the 
facility for room and board;
		(13)  Pay a percentage of the defendant's income to the 
defendant's dependents for their support while under custodial 
supervision in a community corrections facility;
		(14)  Submit to testing for alcohol or controlled 
substances;               
		(15)  Attend counseling sessions for substance abusers 
or participate in substance abuse treatment services in a program 
or facility approved or licensed by the Texas Commission on Alcohol 
and Drug Abuse;
		(16)  With the consent of the victim of a misdemeanor 
offense or of any offense under Title 7, Penal Code, participate in 
victim-defendant mediation;
		(17)  Submit to electronic monitoring;                                        
		(18)  Reimburse the compensation to victims of crime 
fund for any amounts paid from that fund to or on behalf of a victim, 
as defined by Article 56.32, of the defendant's offense or if no 
reimbursement is required, make one payment to the compensation to 
victims of crime fund in an amount not to exceed $50 if the offense 
is a misdemeanor or not to exceed $100 if the offense is a felony;
		(19)  Reimburse a law enforcement agency for the 
analysis, storage, or disposal of raw materials, controlled 
substances, chemical precursors, drug paraphernalia, or other 
materials seized in connection with the offense;
		(20)  Pay all or part of the reasonable and necessary 
costs incurred by the victim for psychological counseling made 
necessary by the offense or for counseling and education relating 
to acquired immune deficiency syndrome or human immunodeficiency 
virus made necessary by the offense;
		(21)  Make one payment in an amount not to exceed $50 to 
a crime stoppers organization as defined by Section 414.001, 
Government Code, and as certified by the Crime Stoppers Advisory 
Council;
		(22)  Submit a DNA sample to the Department of Public 
Safety under Subchapter G, Chapter 411, Government Code, for the 
purpose of creating a DNA record of the defendant;
		(23)  In any manner required by the judge, provide 
public notice of the offense for which the defendant was placed on 
community supervision in the county in which the offense was 
committed; and
		(24)  Reimburse the county in which the prosecution was 
instituted for compensation paid to any interpreter in the case.
	SECTION ____.  Article 42.12, Code of Criminal Procedure, is 
amended by adding Section 13E to read as follows:
	Sec. 13E.  ELECTRONIC MONITORING OF CERTAIN MEMBERS OF 
CRIMINAL STREET GANG WHO ARE PLACED ON COMMUNITY SUPERVISION.  (a)  
This section applies only to a defendant who:
		(1)  is identified as a member of a criminal street gang 
in an intelligence database established under Chapter 61; and
		(2)  has two or more times been previously convicted 
of, or received a grant of deferred adjudication community 
supervision or another functionally equivalent form of community 
supervision or probation for, a felony offense under the laws of 
this state, another state, or the United States.
	(b)  A court granting community supervision to a defendant 
described by Subsection (a) may, on the defendant's conviction of a 
felony offense, require as a condition of community supervision 
that the defendant submit to tracking under an electronic 
monitoring service or other appropriate technological service 
designed to track a person's location.
	SECTION ____.  Chapter 54, Family Code, is amended by adding 
Section 54.0491 to read as follows:
	Sec. 54.0491.  GANG-RELATED CONDUCT.  (a)  In this section:             
		(1)  "Criminal street gang" has the meaning assigned by 
Section 71.01, Penal Code.
		(2)  "Gang-related conduct" means conduct that 
violates a penal law of the grade of Class B misdemeanor or higher 
and in which a child engages with the intent to:
			(A)  further the criminal activities of a criminal 
street gang of which the child is a member;
			(B)  gain membership in a criminal street gang; or                    
			(C)  avoid detection as a member of a criminal 
street gang.         
	(b)  A juvenile court, in a disposition hearing under Section 
54.04 regarding a child who has been adjudicated to have engaged in 
delinquent conduct that is also gang-related conduct, shall order 
the child to participate in a criminal street gang intervention 
program that is appropriate for the child based on the child's level 
of involvement in the criminal activities of a criminal street 
gang.  The intervention program:
		(1)  must include at least 12 hours of instruction; and                
		(2)  may include voluntary tattoo removal.                             
	(c)  If a child required to attend a criminal street gang 
intervention program is committed to the Texas Youth Commission as 
a result of the gang-related conduct, the child must complete the 
intervention program before being discharged from the custody of or 
released under supervision by the commission.
	SECTION ____.  Subchapter G, Chapter 508, Government Code, 
is amended by adding Section 508.227 to read as follows:
	Sec. 508.227.  ELECTRONIC MONITORING OF CERTAIN MEMBERS OF 
CRIMINAL STREET GANG.  (a)  This section applies only to a releasee 
who:
		(1)  is identified as a member of a criminal street gang 
in an intelligence database established under Chapter 61, Code of 
Criminal Procedure; and
		(2)  has three or more times been convicted of, or 
received a grant of deferred adjudication community supervision or 
another functionally equivalent form of community supervision or 
probation for, a felony offense under the laws of this state, 
another state, or the United States.
	(b)  A parole panel may require as a condition of release on 
parole or to mandatory supervision that a releasee described by 
Subsection (a) submit to tracking under an electronic monitoring 
service or other appropriate technological service designed to 
track a person's location.
	SECTION ____.  Section 3.03, Penal Code, is amended by 
amending Subsection (b) and adding Subsection (b-1) to read as 
follows:
	(b)  If the accused is found guilty of more than one offense 
arising out of the same criminal episode, the sentences may run 
concurrently or consecutively if each sentence is for a conviction 
of:
		(1)  an offense:                                                              
			(A)  under Section 49.07 or 49.08, regardless of 
whether the accused is convicted of violations of the same section 
more than once or is convicted of violations of both sections; or
			(B)  for which a plea agreement was reached in a 
case in which the accused was charged with more than one offense 
listed in Paragraph (A), regardless of whether the accused is 
charged with violations of the same section more than once or is 
charged with violations of both sections;
		(2)  an offense:                                                              
			(A)  under Section 33.021 or an offense under 
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed 
against a victim younger than 17 years of age at the time of the 
commission of the offense regardless of whether the accused is 
convicted of violations of the same section more than once or is 
convicted of violations of more than one section; or
			(B)  for which a plea agreement was reached in a 
case in which the accused was charged with more than one offense 
listed in Paragraph (A) committed against a victim younger than 17 
years of age at the time of the commission of the offense regardless 
of whether the accused is charged with violations of the same 
section more than once or is charged with violations of more than 
one section; [or]
		(3)  an offense:                                                              
			(A)  under Section 21.15 or 43.26, regardless of 
whether the accused is convicted of violations of the same section 
more than once or is convicted of violations of both sections; or
			(B)  for which a plea agreement was reached in a 
case in which the accused was charged with more than one offense 
listed in Paragraph (A), regardless of whether the accused is 
charged with violations of the same section more than once or is 
charged with violations of both sections; or
		(4)  an offense for which the judgment in the case 
contains an affirmative finding under Article 42.0197, Code of 
Criminal Procedure.
	(b-1)  Subsection (b)(4) does not apply to a defendant whose 
case was transferred to the court under Section 54.02, Family Code.
	SECTION ____.  Section 9, Article 42.01, Code of Criminal 
Procedure, and Article 42.0197, Code of Criminal Procedure, as 
added by this Act, apply only to a judgment of conviction entered on 
or after the effective date of this Act.
	SECTION ____.  Subsection (a), Section 11, Article 42.12, 
Code of Criminal Procedure, as amended by this Act, and Section 13E, 
Article 42.12, Code of Criminal Procedure, as added by this Act, 
apply only to a person who is placed on community supervision for an 
offense committed on or after the effective date of this Act.  A 
person who is placed on community supervision for 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 ____.  Section 54.0491, Family Code, as added by 
this Act, applies only to conduct that violates a penal law of this 
state and that occurs on or after the effective date of this Act.  
Conduct that violates a penal law of this state and that occurs 
before the effective date of this Act is covered by the law in 
effect at the time the conduct occurred, and the former law is 
continued in effect for that purpose.  For purposes of this section, 
conduct occurs before the effective date of this Act if each element 
of the violation occurred before that date.
	SECTION ____.  Section 508.227, Government Code, as added by 
this Act, applies only to a person released on parole or to 
mandatory supervision for an offense committed on or after the 
effective date of this Act.  A person released on parole or to 
mandatory supervision for 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 ____.  Subsection (b), Section 3.03, Penal Code, as 
amended 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 covered by the law in effect when 
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 ____.  Subchapter C, Chapter 101, Civil Practice and 
Remedies Code, is amended by adding Section 101.067 to read as 
follows:
	Sec. 101.067.  GRAFFITI REMOVAL.  This chapter does not 
apply to a claim for property damage caused by the removal of 
graffiti under Section 250.006, Local Government Code.
	SECTION ____.  Subsections (a) and (c), Article 102.0171, 
Code of Criminal Procedure, are amended to read as follows:
	(a)  A defendant convicted of an offense under Section 28.08, 
Penal Code, in a county court, county court at law, or district 
court shall pay a [$50] juvenile delinquency prevention and 
graffiti eradication fee as a cost of court.  The amount of the fee 
under this section must be not less than $50 or more than $500.  In 
setting the amount of the fee, the court shall increase the fee 
based on the amount of pecuniary loss in the case and the number of 
times the defendant has been previously convicted of an offense 
under Section 28.08, Penal Code.
	(c)  The clerks of the respective courts shall collect the 
costs and pay them to the county treasurer or to any other official 
who discharges the duties commonly delegated to the county 
treasurer for deposit in a fund to be known as the county juvenile 
delinquency prevention fund.  A fund designated by this subsection 
may be used only to:
		(1)  repair damage caused by the commission of offenses 
under Section 28.08, Penal Code;
		(2)  provide educational and intervention programs and 
materials, including printed educational materials for 
distribution to primary and secondary school students, designed to 
prevent individuals from committing offenses under Section 28.08, 
Penal Code;
		(3)  provide to the public rewards for identifying and 
aiding in the apprehension and prosecution of offenders who commit 
offenses under Section 28.08, Penal Code;
		(4)  provide funding for teen recognition and teen 
recreation programs;     
		(5)  provide funding for local teen court programs;                           
		(6)  provide funding for the local juvenile probation 
department; [and]
		(7)  provide educational and intervention programs 
designed to prevent juveniles from engaging in delinquent conduct; 
and
		(8)  provide funding for community art programs.                       
	SECTION ____.  Subsection (a), Section 54.0461, Family Code, 
is amended to read as follows:
	(a)  If a child is adjudicated as having engaged in 
delinquent conduct that violates Section 28.08, Penal Code, the 
juvenile court shall order the child, parent, or other person 
responsible for the child's support to pay to the court a [$50] 
juvenile delinquency prevention fee as a cost of court.  The amount 
of the fee under this section must be not less than $50 or more than 
$500.  In setting the amount of the fee, the court shall increase 
the fee based on the amount of pecuniary loss resulting from the 
conduct and the number of times the child has been previously 
adjudicated as having engaged in delinquent conduct violating 
Section 28.08, Penal Code.
	SECTION ____.  Section 102.041, Government Code, as amended 
by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular 
Session, 2007, is amended to read as follows:
	Sec. 102.041.  ADDITIONAL COURT COSTS ON CONVICTION IN 
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE.  The clerk of a district 
court shall collect fees and costs under the Code of Criminal 
Procedure on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for clerk of the court services (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure) . . . $25;
		(4)  a security fee on a felony offense (Art. 102.017, 
Code of Criminal Procedure) . . . $5;
		(5)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3; and
		(6)  a juvenile delinquency prevention and graffiti 
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . 
not less than $50 or more than $500 [$5].
	SECTION ____.  Section 102.061, Government Code, as amended 
by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular 
Session, 2007, is amended to read as follows:
	Sec. 102.061.  ADDITIONAL COURT COSTS ON CONVICTION IN 
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE.  The clerk of a 
statutory county court shall collect fees and costs under the Code 
of Criminal Procedure on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for services of the clerk of the court (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure) . . . $25;
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3;
		(5)  a juvenile delinquency prevention and graffiti 
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . 
not less than $50 or more than $500 [$5]; and
		(6)  a juvenile case manager fee (Art. 102.0174, Code 
of Criminal Procedure) . . . not to exceed $5.
	SECTION ____.  Section 102.081, Government Code, as amended 
by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular 
Session, 2007, is amended to read as follows:
	Sec. 102.081.  ADDITIONAL COURT COSTS ON CONVICTION IN 
COUNTY COURT: CODE OF CRIMINAL PROCEDURE.  The clerk of a county 
court shall collect fees and costs under the Code of Criminal 
Procedure on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for clerk of the court services (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure) . . . $25;
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3;
		(5)  a juvenile delinquency prevention and graffiti 
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . 
not less than $50 or more than $500 [$5]; and
		(6)  a juvenile case manager fee (Art. 102.0174, Code 
of Criminal Procedure) . . . not to exceed $5.
	SECTION ____.  Section 103.0212, Government Code, is amended 
to read as follows:
	Sec. 103.0212.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR 
CIVIL CASES: FAMILY CODE.  An accused or defendant, or a party to a 
civil suit, as applicable, shall pay the following fees and costs 
under the Family Code if ordered by the court or otherwise required:
		(1)  in family matters:                                                       
			(A)  issuing writ of withholding (Sec. 8.262, 
Family Code) . . . $15;      
			(B)  filing copy of writ of withholding to 
subsequent employer (Sec. 8.267, Family Code) . . . $15;
			(C)  issuing and delivering modified writ of 
withholding or notice of termination (Sec. 8.302, Family Code) 
. . . $15;
			(D)  issuing and delivering notice of termination 
of withholding (Sec. 8.303, Family Code) . . . $15;
			(E)  issuance of change of name certificate (Sec. 
45.106, Family Code) . . . $10;
			(F)  protective order fee (Sec. 81.003, Family 
Code) . . . $16;            
			(G)  filing suit requesting adoption of child 
(Sec. 108.006, Family Code) . . . $15;
			(H)  filing fees for suits affecting parent-child 
relationship (Sec. 110.002, Family Code):
				(i)  suit or motion for modification (Sec. 
110.002, Family Code) . . . $15;
				(ii)  motion for enforcement (Sec. 110.002, 
Family Code) . . . $15;       
				(iii)  notice of application for judicial 
writ of withholding (Sec. 110.002, Family Code) . . . $15;
				(iv)  motion to transfer (Sec. 110.002, 
Family Code) . . . $15;           
				(v)  petition for license suspension (Sec. 
110.002, Family Code) . . . $15;
				(vi)  motion to revoke a stay of license 
suspension (Sec. 110.002, Family Code) . . . $15; and
				(vii)  motion for contempt (Sec. 110.002, 
Family Code) . . . $15;         
			(I)  order or writ of income withholding to be 
delivered to employer (Sec. 110.004, Family Code) . . . not to 
exceed $15;
			(J)  filing fee for transferred case (Sec. 
110.005, Family Code) . . . $45;
			(K)  filing a writ of withholding (Sec. 158.319, 
Family Code) . . . $15;   
			(L)  filing a request for modified writ of 
withholding or notice of termination (Sec. 158.403, Family Code) 
. . . not to exceed $15;
			(M)  filing an administrative writ to employer 
(Sec. 158.503, Family Code) . . . not to exceed $15; and
			(N)  genetic testing fees in relation to a child 
born to a gestational mother (Sec. 160.762, Family Code) . . . as 
assessed by the court; and
		(2)  in juvenile court:                                                       
			(A)  fee schedule for deferred prosecution 
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
			(B)  a request fee for a teen court program
[administration fee] (Sec. 54.032, Family Code) . . . $20, if the 
court ordering the fee is located in the Texas-Louisiana border 
region, but otherwise not to exceed $10;
			(C)  court costs for juvenile probation diversion 
fund (Sec. 54.0411, Family Code) . . . $20;
			(D)  a juvenile delinquency prevention fee (Sec. 
54.0461, Family Code) . . . not less than $50 or more than $500
[$5]; [and]
			(E)  a court fee for child's probationary period 
(Sec. 54.061, Family Code) . . . not to exceed $15 a month; and
			(F)  a fee to cover costs of required duties of 
teen court (Sec. 54.032, Family Code) . . . $20, if the court 
ordering the fee is located in the Texas-Louisiana border region, 
but otherwise not to exceed $10.
	SECTION ____.  Subsection (a), Section 485.018, Health and 
Safety Code, is amended to read as follows:
	(a)  A political subdivision or an agency of this state may 
not enact an ordinance or rule that requires a business 
establishment to display an abusable volatile chemical, other than 
aerosol paint, in a manner that makes the chemical accessible to 
patrons of the business only with the assistance of personnel of the 
business.
	SECTION ____.  Chapter 250, Local Government Code, is 
amended by adding Section 250.006 to read as follows:
	Sec. 250.006.  GRAFFITI REMOVAL.  (a)  Except as provided by 
Subsection (h), a county by order or a municipality by ordinance may 
require the owner of property within the jurisdiction of the county 
or municipality to remove graffiti from the owner's property on 
receipt of notice from the county or municipality.
	(b)  The order or ordinance must provide that a county or 
municipality may not give notice to a property owner under 
Subsection (a) unless:
		(1)  the county or municipality has offered to remove 
the graffiti from the owner's property free of charge; and
		(2)  the property owner has refused the offer.                         
	(c)  The order or ordinance must require a property owner to 
remove the graffiti on or before the 15th day after the date the 
property owner receives notice under Subsection (a).  If the 
property owner fails to remove the graffiti on or before the 15th 
day after the date of receipt of the notice, the county or 
municipality may remove the graffiti and charge the expenses of 
removal to the property owner in accordance with a fee schedule 
adopted by the county or municipality.
	(d)  The notice required by Subsection (a) must be given:               
		(1)  personally to the owner in writing;                               
		(2)  by letter sent by certified mail, addressed to the 
property owner at the property owner's address as contained in the 
records of the appraisal district in which the property is located; 
or
		(3)  if service cannot be obtained under Subdivision 
(1) or (2):     
			(A)  by publication at least once in a newspaper 
of general circulation in the county or municipality;
			(B)  by posting the notice on or near the front 
door of each building on the property to which the notice relates; 
or
			(C)  by posting the notice on a placard attached 
to a stake driven into the ground on the property to which the 
notice relates.
	(e)  The county or municipality may assess expenses incurred 
under Subsection (c) against the property on which the work is 
performed to remove the graffiti.
	(f)  To obtain a lien against the property for expenses 
incurred under Subsection (c), the governing body of the county or 
municipality must file a statement of expenses with the county 
clerk.  The statement of expenses must contain:
		(1)  the name of the property owner, if known;                         
		(2)  the legal description of the property; and                        
		(3)  the amount of expenses incurred under Subsection 
(c).           
	(g)  A lien described by Subsection (f) attaches to the 
property on the date on which the statement of expenses is filed in 
the real property records of the county in which the property is 
located and is subordinate to:
		(1)  any previously recorded lien; and                                 
		(2)  the rights of a purchaser or lender for value who 
acquires an interest in the property subject to the lien before the 
statement of expenses is filed as described by Subsection (f).
	(h)  An order or ordinance described by this section must 
include an exception from the requirement that an owner of property 
remove graffiti from the owner's property if:
		(1)  the graffiti is located on transportation 
infrastructure; and   
		(2)  the removal of the graffiti would create a hazard 
for the person performing the removal.
	SECTION ____.  Chapter 30, Penal Code, is amended by adding 
Section 30.021 to read as follows:
	Sec. 30.021.  BURGLARY OF BUILDING TO CREATE GRAFFITI.  (a)  
A person commits an offense if, without the effective consent of the 
owner, the person:
		(1)  enters a building, or any portion of a building, 
not then open to the public, with the intent to commit an offense 
under Section 28.08;
		(2)  remains concealed, with the intent to commit an 
offense under Section 28.08, in a building; or
		(3)  enters a building and commits or attempts to 
commit an offense under Section 28.08.
	(b)  For purposes of this section, "enter" has the meaning 
assigned by Section 30.02.
	(c)  An offense under this section is a state jail felony.              
	SECTION ____.  Section 101.067, Civil Practice and Remedies 
Code, as added 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 accrued before the effective date of this Act is 
governed by the law in effect immediately before the effective date 
of this Act, and that law is continued in effect for that purpose.
	SECTION ____.  Subsections (a) and (c), Article 102.0171, 
Code of Criminal Procedure, and Sections 102.041, 102.061, and 
102.081, Government Code, as amended by this Act, 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 covered 
by the law in effect when 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 ____.  Subsection (a), Section 54.0461, Family Code, 
and Section 103.0212, Government Code, as amended by this Act, 
apply only to conduct that violates a penal law of this state and 
that occurs on or after the effective date of this Act.  Conduct 
that violates a penal law of this state and that occurs before the 
effective date of this Act is covered by the law in effect at the 
time the conduct occurred, and the former law is continued in effect 
for that purpose.  For purposes of this section, conduct occurs 
before the effective date of this Act if each element of the 
violation occurred before that date.
	SECTION ____.  Section 37.10, Penal Code, is amended by 
adding Subsection (j) to read as follows:
	(j)  It is not a defense to prosecution under Subsection 
(a)(2) that the record, document, or thing made, presented, or used 
displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or 
another substantially similar statement intended to alert a person 
to the falsity of the record, document, or thing, unless the record, 
document, or thing displays the statement diagonally printed 
clearly and indelibly on both the front and back of the record, 
document, or thing in solid red capital letters at least one-fourth 
inch in height.
	SECTION ____.  Section 521.454, Transportation Code, is 
amended by adding Subsection (d) to read as follows:
	(d)  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.
	SECTION ____.  Section 521.455, Transportation Code, is 
amended by adding Subsection (c) to read as follows:
	(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.
	SECTION ____.  Section 521.456, Transportation Code, is 
amended by adding Subsection (e) to read as follows:
	(e)  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.
	SECTION ____.  Subsection (j), Section 37.10, Penal Code, 
and Subsection (d), Section 521.454, Subsection (c), Section 
521.455, and Subsection (e), Section 521.456, Transportation Code, 
as added by this Act, 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 covered by the law in effect when 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 ____.  Chapter 46, Penal Code, is amended by adding 
Section 46.14 to read as follows:
	Sec. 46.14.  FIREARM SMUGGLING.  (a)  A person commits an 
offense if the person knowingly engages in the business of 
transporting or transferring a firearm that the person knows was 
acquired in violation of the laws of any state or of the United 
States.  For purposes of this subsection, a person is considered to 
engage in the business of transporting or transferring a firearm if 
the person engages in that conduct:
		(1)  on more than one occasion; or                                     
		(2)  for profit or any other form of remuneration.                     
	(b)  An offense under this section is a felony of the third 
degree, unless it is shown on the trial of the offense that the 
offense was committed with respect to three or more firearms in a 
single criminal episode, in which event the offense is a felony of 
the second degree.
	(c)  This section does not apply to a peace officer who is 
engaged in the actual discharge of an official duty.
	(d)  If conduct that constitutes an offense under this 
section also constitutes an offense under any other law, the actor 
may be prosecuted under this section, the other law, or both.
	SECTION ____.  Article 61.02, Code of Criminal Procedure, is 
amended by amending Subsection (c) and adding Subsections (d) and 
(e) to read as follows:
	(c)  Criminal information collected under this chapter 
relating to a criminal street gang 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;
			(B)  a self-admission by the individual of 
criminal street gang membership that is made during a judicial 
proceeding; or
			(C)  except as provided by Subsection (d), any two 
of the following:
				(i)  a self-admission by the individual of 
criminal street gang 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;
				(ii)  an identification of the individual as 
a criminal street gang member by a reliable informant or other 
individual;
				(iii)  a corroborated identification of the 
individual as a criminal street gang member by an informant or other 
individual of unknown reliability;
				(iv)  evidence that the individual frequents 
a documented area of a criminal street gang and associates with 
known criminal street gang members;
				(v)  evidence that the individual uses, in 
more than an incidental manner, criminal street gang dress, hand 
signals, tattoos, or symbols, including expressions of letters, 
numbers, words, or marks, regardless of how or the means by [the 
format or medium in] which the symbols are displayed, that are 
associated with a criminal street gang that operates in an area 
frequented by the individual and described by Subparagraph (iv); 
[or]
				(vi)  evidence that the individual has been 
arrested or taken into custody with known criminal street gang 
members for an offense or conduct consistent with criminal street 
gang activity;
				(vii)  evidence that the individual has 
visited a known criminal street gang 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 criminal street 
gang members.
	(d)  Evidence described by Subsections (c)(2)(C)(iv) and 
(vii) is not sufficient to create the eligibility of a person's 
information to be included in an intelligence database described by 
this chapter unless the evidence is combined with information 
described by another subparagraph of Subsection (c)(2)(C).
	(e)  In this article:                                                   
		(1)  "Family member" means a person related to another 
person within the third degree by consanguinity or affinity, as 
described by Subchapter B, Chapter 573, Government Code, except 
that the term does not include a person who is considered to be 
related to another person by affinity only as described by Section 
573.024(b), Government Code.
		(2)  "Penal institution" means a confinement facility 
operated by or under a contract with any division of the Texas 
Department of Criminal Justice, a confinement facility operated by 
or under contract with the Texas Youth Commission, or a juvenile 
secure pre-adjudication or post-adjudication facility operated by 
or under a local juvenile probation department, or a county jail.
	SECTION ____.  Subsection (b), Article 61.06, Code of 
Criminal Procedure, is amended to read as follows:
	(b)  Subject to Subsection (c), information collected under 
this chapter relating to a criminal street gang must be removed from 
an intelligence database established under Article 61.02 and the 
intelligence database maintained by the department under Article 
61.03 after five [three] years if:
		(1)  the information relates to the investigation or 
prosecution of criminal activity engaged in by an individual other 
than a child; and
		(2)  the individual who is the subject of the 
information has not been arrested for criminal activity reported to 
the department under Chapter 60.
	SECTION ____.  Subsection (c), Article 61.06, Code of 
Criminal Procedure, as amended by Chapters 258 (S.B. 11), 263 (S.B. 
103), and 1308 (S.B. 909), Acts of the 80th Legislature, Regular 
Session, 2007, is reenacted and amended to read as follows:
	(c)  In determining whether information is required to be 
removed from an intelligence database under Subsection (b), the 
five-year [three-year] period does not include any period during 
which the individual who is the subject of the information is:
		(1)  confined in a correctional facility operated by or 
under contract with the Texas Department of Criminal Justice;
		(2)  committed to a secure correctional facility 
operated by or under contract with the Texas Youth Commission, as 
defined by Section 51.02, Family Code; or
		(3)  confined in a county jail or confined in or 
committed to a facility operated by a juvenile board in lieu of 
being confined in a correctional facility operated by or under 
contract with the Texas Department of Criminal Justice or being 
committed to a secure correctional facility operated by or under 
contract with the Texas Youth Commission.
	SECTION ____.  Article 61.06, Code of Criminal Procedure, as 
amended by this Act, applies to any applicable information 
maintained in an intelligence database under Chapter 61 of that 
code on or after the effective date of this Act.
	SECTION ____.  Subsection (a), Section 521.343, 
Transportation Code, is amended to read as follows:
	(a)  Except as provided by Sections 521.342(b), 521.344(a), 
(b), (d), (e), (f), (g), (h), and (i), 521.345, 521.346, 521.3465, 
[and] 521.351, and 521.352, a suspension under this subchapter is 
for one year.
	SECTION ____.  Subchapter O, Chapter 521, Transportation 
Code, is amended by adding Section 521.352 to read as follows:
	Sec. 521.352.  SUSPENSION OR PROHIBITION FOR CERTAIN 
ORGANIZED CRIME OFFENSES.  (a)  A person's license is automatically 
suspended on conviction of the person for an offense under Chapter 
71, Penal Code.
	(b)  The department may not issue a driver's license to a 
person convicted of an offense specified in Subsection (a) who, on 
the date of the conviction, did not hold a license.
	(c)  The period of license suspension or prohibition under 
this section begins on a date set by the court that is not earlier 
than the date of conviction or later than the 30th day after the 
date of conviction.  The period of license suspension or 
prohibition under this section expires on the first anniversary of 
the date the suspension or prohibition began.
	SECTION ____.  Section 521.457, Transportation Code, is 
amended by amending Subsection (e) and adding Subsection (f-2) to 
read as follows:
	(e)  Except as provided by Subsections (f), [and] (f-1), and 
(f-2), an offense under this section is a Class C misdemeanor.
	(f-2)  If it is shown on the trial of an offense under this 
section that the person operated a motor vehicle on a highway during 
a period that the person's driver's license was suspended under 
Section 521.352 or the person was prohibited from obtaining a 
driver's license under that section, the offense is a Class A 
misdemeanor.
	SECTION ____.  (a)  The change in law made by this Act to 
Section 521.352, Transportation Code, as added by this Act, and 
Section 521.457, Transportation Code, as amended by this Act, 
applies only to an offense committed on or after the effective date 
of this Act.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.  For 
purposes of this subsection, an offense was committed before the 
effective date of this Act if any element of the offense was 
committed before that date.
	SECTION ____.  Article 18.20, Code of Criminal Procedure, is 
amended by adding Section 9A to read as follows:
	Sec. 9A.  INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED 
PERSON.  (a)  The requirements of Sections 8(a)(2)(B) and 9(b)(2) 
relating to the specification of the facilities from which or the 
place where a communication is to be intercepted do not apply if:
		(1)  in the case of an application for an order 
authorizing the interception of an oral communication:
			(A)  the application contains a full and complete 
statement as to why the specification is not practical and 
identifies the person committing or believed to be committing the 
offense and whose communications are to be intercepted; and
			(B)  a judge of competent jurisdiction finds that 
the specification is not practical; and
		(2)  in the case of an application for an order 
authorizing the interception of a wire or electronic communication:
			(A)  the application identifies the person 
committing or believed to be committing the offense and whose 
communications are to be intercepted;
			(B)  a judge of competent jurisdiction finds that 
the applicant has made an adequate showing of probable cause to 
believe that the actions of the person identified in the 
application could have the effect of thwarting interception from a 
specified facility; and
			(C)  the authority to intercept a wire or 
electronic communication under the order is limited to a period in 
which it is reasonable to presume that the person identified in the 
application will be reasonably proximate to the interception 
device.
	(b)  A person implementing an order authorizing the 
interception of an oral communication that, in accordance with this 
section, does not specify the facility from which or the place where 
a communication is to be intercepted may begin interception only 
after the person ascertains the place where the communication is to 
be intercepted.
	(c)  A provider of wire or electronic communications that 
receives an order authorizing the interception of a wire or 
electronic communication that, in accordance with this section, 
does not specify the facility from which or the place where a 
communication is to be intercepted may move the court to modify or 
quash the order on the ground that the provider's assistance with 
respect to the interception cannot be performed in a timely or 
reasonable fashion.  On notice to the state, the court shall decide 
the motion expeditiously.
	SECTION ____.  Subchapter A, Chapter 411, Government Code, 
is amended by adding Section 411.0207 to read as follows:
	Sec. 411.0207.  PUBLIC CORRUPTION UNIT.  (a)  In this 
section, "organized criminal activity" means conduct that 
constitutes an offense under Section 71.02, Penal Code.
	(b)  A public corruption unit is created within the 
department to investigate and assist in the management of 
allegations of participation in organized criminal activity by:
		(1)  an individual elected, appointed, or employed to 
serve as a peace officer for a governmental entity of this state 
under Article 2.12, Code of Criminal Procedure; or
		(2)  a federal law enforcement officer while performing 
duties in this state.
	(c)  The unit shall:                                                    
		(1)  assist district attorneys and county attorneys in 
the investigation and prosecution of allegations described by 
Subsection (b);
		(2)  if requested by the agency, assist a state or local 
law enforcement agency with the investigation of such allegations 
against law enforcement officers in the agency;
		(3)  assist the United States Department of Justice or 
any other appropriate federal department or agency in the 
investigation and prosecution of allegations described by 
Subsection (b);
		(4)  if requested by the agency, assist a federal law 
enforcement agency with the investigation of such allegations 
against law enforcement officers in the agency;
		(5)  serve as a clearinghouse for information relating 
to the investigation and prosecution of allegations described by 
Subsection (b); and
		(6)  report to the highest-ranking officer of the Texas 
Rangers division of the department.
	(d)  On written approval of the director or of the chair of 
the commission, the highest-ranking officer of the Texas Rangers 
division of the department may initiate an investigation of an 
allegation of participation in organized criminal activity by a law 
enforcement officer described by Subsection (b)(1).  Written 
approval under this subsection must be based on cause.
	(e)  To the extent allowed by law, a state or local law 
enforcement agency shall cooperate with the public corruption unit 
by providing information requested by the unit as necessary to 
carry out the purposes of this section.  Information described by 
this subsection is excepted from required disclosure under Chapter 
552 in the manner provided by Section 552.108.
	SECTION ____.  Section 421.082, Government Code, is amended 
by adding Subsections (e), (f), and (g) to read as follows:
	(e)  The center shall annually submit to the governor and the 
legislature a report regarding criminal street gangs and 
gang-related crime.  The report must include:
		(1)  an evaluation of the threat that criminal street 
gangs and gang-related crime pose to communities in this state that 
are at or near the international border between this state and the 
United Mexican States;
		(2)  an evaluation of the threat that criminal street 
gangs and gang-related crime occurring at or near the border pose to 
other areas of this state;
		(3)  identification of any law enforcement strategies 
in this state or another jurisdiction that have been effective in 
preventing the growth or proliferation of criminal street gangs or 
gang-related crime; and
		(4)  recommendations on actions that may be taken to:                  
			(A)  prevent criminal street gangs from 
committing human trafficking offenses;
			(B)  reduce criminal street gang violence 
throughout this state, with specific recommendations concerning 
reduction of criminal street gang violence at or near the border;
			(C)  prevent the growth or proliferation of 
criminal street gangs throughout this state, with specific 
recommendations concerning prevention of the growth or 
proliferation of criminal street gangs at or near the border; and
			(D)  ensure that law enforcement personnel 
receive the necessary training and education to effectively deal 
with the problems created by criminal street gangs and gang-related 
crime.
	(f)  On request, a criminal justice or juvenile justice 
agency of this state shall provide to the center information 
relating to criminal street gangs and gang-related crime.
	(g)  The report required under Subsection (e) may not contain 
any information that:
		(1)  is considered sensitive intelligence information 
by the agency that provided the information; or
		(2)  could jeopardize an ongoing investigation being 
conducted by the agency that provided the information.
	SECTION ____.  Chapter 772, Government Code, is amended by 
adding Section 772.007 to read as follows:
	Sec. 772.007.  TEXAS ANTI-GANG GRANT PROGRAM.  (a)  The 
criminal justice division established under Section 772.006 shall 
administer a competitive grant program to support regional, 
multidisciplinary approaches to combat gang violence through the 
coordination of gang prevention, intervention, and suppression 
activities.
	(b)  The grant program administered under this section must 
be directed toward regions of this state that have demonstrably 
high levels of gang violence.
	(c)  The criminal justice division shall award grants to 
qualified applicants, as determined by the division, that 
demonstrate a comprehensive approach that balances gang 
prevention, intervention, and suppression activities to reduce 
gang violence.
	(d)  The criminal justice division shall include in the 
biennial report required by Section 772.006(a)(9) detailed 
reporting of the results and performance of the grant program 
administered under this section.
	(e)  The criminal justice division may use any revenue 
available for purposes of this section.
	SECTION ____.  Section 9A, Article 18.20, Code of Criminal 
Procedure, as added by this Act, applies only to an application for 
an order authorizing the interception of a wire, oral, or 
electronic communication that is submitted on or after the 
effective date of this Act.  An application that was submitted 
before the effective date of this Act is covered by the law in 
effect on the date the application was submitted, and the former law 
is continued in effect for that purpose.
	SECTION ____.  Not later than December 1, 2010, the 
Department of Public Safety shall establish the public corruption 
unit under Section 411.0207, Government Code, as added by this Act.
	SECTION ____.  The Texas Fusion Center shall submit the 
first annual report regarding criminal street gangs and 
gang-related crime to the governor and the legislature as required 
by Subsection (e), Section 421.082, Government Code, as added by 
this Act, not later than September 1, 2010.
	SECTION ____.  To the extent of any conflict, this Act 
prevails over another Act of the 81st Legislature, Regular Session, 
2009, relating to nonsubstantive additions to and corrections in 
enacted codes.
	SECTION ____.  Notwithstanding any other provision of this 
Act, Sections 37.110 and 51.973, Education Code, and Section 
42.064, Human Resources Code, as added by this Act, take effect 
immediately if this Act 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, those sections of the Education 
Code and Human Resources Code take effect September 1, 2009.