By: Paddie (Senate Sponsor - Birdwell, Fallon) H.B. No. 3557
         (In the Senate - Received from the House May 7, 2019;
  May 8, 2019, read first time and referred to Committee on Natural
  Resources & Economic Development; May 17, 2019, reported
  adversely, with favorable Committee Substitute by the following
  vote:  Yeas 10, Nays 1; May 17, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3557 By:  Birdwell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 424.001.  DEFINITION.  In this chapter, "critical
  infrastructure facility" has the meaning assigned by Section
  423.0045(a)(1-a) and also includes:
               (1)  any pipeline transporting oil or gas or the
  products or constituents of oil or gas; and
               (2)  a facility or pipeline described by this section
  that is under construction and all equipment and appurtenances used
  during that construction.
  SUBCHAPTER B. CRIMINAL LIABILITY
         Sec. 424.051.  OFFENSE:  DAMAGING OR DESTROYING 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 and
  intentionally or knowingly damages or destroys the facility or
  impairs or interrupts the operation of the facility.
         (b)  An offense under this section is a felony of the third
  degree.
         (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.
         Sec. 424.052.  OFFENSE:  INTENT TO DAMAGE OR DESTROY
  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
  to damage or destroy the facility or impair or interrupt 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.
         Sec. 424.053.  PUNISHMENT FOR CORPORATIONS AND
  ASSOCIATIONS.  Notwithstanding Section 12.51, Penal Code, a court
  shall sentence a corporation or association adjudged guilty of an
  offense under this subchapter to pay a fine not to exceed $500,000.
         Sec. 424.054.  RESTITUTION.  If a defendant is convicted of
  an offense under this subchapter and the offense results in damage
  to or destruction of property, a court may, in accordance with
  Article 42.037, Code of Criminal Procedure, order the defendant to
  make restitution to the owner of the damaged or destroyed property,
  or the owner's designee, in an amount equal to the value of the
  property on the date of the damage or destruction.
  SUBCHAPTER C. CIVIL LIABILITY
         Sec. 424.101.  CIVIL LIABILITY FOR DAMAGE TO CRITICAL
  INFRASTRUCTURE FACILITY.  (a)  A defendant who engages in conduct
  constituting an offense under Section 424.051 or 424.052 is liable
  to the property owner, as provided by this subchapter, 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 424.051 or 424.052, 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. 424.102.  CERTAIN ADDITIONAL LIABILITY.  In addition to
  any liability under Section 424.101, an organization that, acting
  through an officer, director, or other person serving in a
  managerial capacity, knowingly compensates a person for engaging in
  conduct occurring on the premises of a critical infrastructure
  facility is liable to the property owner, as provided by this
  subchapter, for damages arising from the conduct if the conduct
  constituted an offense under Section 424.051 or 424.052.
         Sec. 424.103.  DAMAGES.  (a)  A claimant who prevails in a
  suit under this subchapter shall be awarded:
               (1)  actual damages; and
               (2)  court costs.
         (b)  In addition to an award under Subsection (a), a claimant
  who prevails in a suit under this subchapter may recover exemplary
  damages.
         Sec. 424.104.  CAUSE OF ACTION CUMULATIVE.  The cause of
  action created by this subchapter is cumulative of any other remedy
  provided by common law or statute.
         Sec. 424.105.  NONAPPLICABILITY.  The following provisions
  of the Civil Practice and Remedies Code do not apply to a cause of
  action arising under this subchapter:
               (1)  Chapter 27; and
               (2)  Section 41.008.
         SECTION 3.  Section 423.0045(a)(1), Government Code, as
  amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of
  the 85th Legislature, Regular Session, 2017, is reenacted to read
  as follows:
               (1)  "Correctional facility" means:
                     (A)  a confinement facility operated by or under
  contract with any division of the Texas Department of Criminal
  Justice;
                     (B)  a municipal or county jail;
                     (C)  a confinement facility operated by or under
  contract with the Federal Bureau of Prisons; or
                     (D)  a secure correctional facility or secure
  detention facility, as defined by Section 51.02, Family Code.
         SECTION 4.  Section 423.0045(a)(1-a), Government Code, as
  added by Chapter 1010 (H.B. 1424), Acts of the 85th Legislature,
  Regular Session, 2017, is reenacted to conform to the changes made
  to Section 423.0045(a)(1), Government Code, by Chapter 824 (H.B.
  1643), Acts of the 85th Legislature, Regular Session, 2017, to read
  as follows:
               (1-a)  "Critical infrastructure facility" means:
                     (A)  one of the following, if completely enclosed
  by a fence or other physical barrier that is obviously designed to
  exclude intruders, or if clearly marked with a sign or signs that
  are posted on the property, are reasonably likely to come to the
  attention of intruders, and indicate that entry is forbidden:
                           (i)  a petroleum or alumina refinery;
                           (ii)  an electrical power generating
  facility, substation, switching station, or electrical control
  center;
                           (iii)  a chemical, polymer, or rubber
  manufacturing facility;
                           (iv)  a water intake structure, water
  treatment facility, wastewater treatment plant, or pump station;
                           (v)  a natural gas compressor station;
                           (vi)  a liquid natural gas terminal or
  storage facility;
                           (vii)  a telecommunications central
  switching office or any structure used as part of a system to
  provide wired or wireless telecommunications services;
                           (viii)  a port, railroad switching yard,
  trucking terminal, or other freight transportation facility;
                           (ix)  a gas processing plant, including a
  plant used in the processing, treatment, or fractionation of
  natural gas;
                           (x)  a transmission facility used by a
  federally licensed radio or television station;
                           (xi)  a steelmaking facility that uses an
  electric arc furnace to make steel;
                           (xii)  a dam that is classified as a high
  hazard by the Texas Commission on Environmental Quality; or
                           (xiii)  a concentrated animal feeding
  operation, as defined by Section 26.048, Water Code; or
                     (B)  if enclosed by a fence or other physical
  barrier obviously designed to exclude intruders:
                           (i)  any portion of an aboveground oil, gas,
  or chemical pipeline;
                           (ii)  an oil or gas drilling site;
                           (iii)  a group of tanks used to store crude
  oil, such as a tank battery;
                           (iv)  an oil, gas, or chemical production
  facility;
                           (v)  an oil or gas wellhead; or
                           (vi)  any oil and gas facility that has an
  active flare.
         SECTION 5.  The change in law made by this Act in adding
  Subchapter C, Chapter 424, Government Code, 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 6.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 7.  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.
 
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