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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal liability for engaging in certain conduct |
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involving a critical infrastructure facility; increasing criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.51, Penal Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) Notwithstanding any other provision of this section, a |
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court shall sentence a corporation or association adjudged guilty |
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of any of the following offenses and subject to any of the following |
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punishments to pay a fine equal to the maximum possible amount of |
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the applicable fine multiplied by 10: |
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(1) Section 28.02(d-1) or (d-2); |
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(2) Section 28.03(l) or (m); and |
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(3) Section 30.05(d)(3)(A)(iii) or (4). |
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SECTION 2. Section 28.02, Penal Code, is amended by adding |
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Subsections (d-1) and (d-2) to read as follows: |
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(d-1) Notwithstanding Subsection (d) and except as provided |
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by Subsection (d-2), an offense under this section is a felony |
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punishable by a fine of $100,000 or imprisonment for not more than |
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10 years, or both the fine and imprisonment, if the offense is |
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committed on or in a critical infrastructure facility, as defined |
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by Section 30.05. |
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(d-2) If an offense under this section is punishable under |
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Subsection (d-1) and Subsection (d)(1) or (2), the offense may be |
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punished under either subsection. Notwithstanding Section |
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12.32(b), if an offense to which this subsection applies is |
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punished under Subsection (d)(1) or (2), the defendant may, in |
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addition to the imprisonment, be punished by a fine of $100,000. |
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SECTION 3. Section 28.03, Penal Code, is amended by adding |
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Subsections (l) and (m) to read as follows: |
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(l) Notwithstanding Subsection (b) and except as provided |
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by Subsection (m), an offense under this section is a felony |
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punishable by a fine of $100,000 or imprisonment for not more than |
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10 years, or both the fine and imprisonment, if the offense is |
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committed on or in a critical infrastructure facility, as defined |
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by Section 30.05. |
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(m) If an offense under this section is punishable under |
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Subsection (l) and Subsection (b)(7), the offense may be punished |
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under either subsection. Notwithstanding Section 12.32(b), if an |
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offense to which this subsection applies is punished under |
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Subsection (b)(7), the defendant may, in addition to the |
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imprisonment, be punished by a fine of $100,000. |
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SECTION 4. Section 30.05(b)(7), Penal Code, is amended to |
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read as follows: |
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(7) "Critical infrastructure facility" means: |
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(A) one of the following, if completely enclosed |
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by a fence or other physical barrier that is obviously designed to |
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exclude intruders, or if clearly marked with a sign or signs that |
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are posted on the property, are reasonably likely to come to the |
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attention of intruders, and indicate that entry is forbidden: |
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(i) [(A)] a chemical, polymer, or rubber |
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manufacturing facility; |
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(ii) [(B)] a refinery; |
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(iii) [(C)] an electrical power generating |
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facility, substation, switching station, electrical control |
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center, or electrical transmission or distribution facility, |
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including electric power lines; |
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(iv) [(D)] a water intake structure, water |
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treatment facility, wastewater treatment plant, or pump station; |
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(v) [(E)] a natural gas transmission |
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compressor station; |
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(vi) [(F)] a liquid natural gas terminal or |
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storage facility; |
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(vii) [(G)] a telecommunications central |
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switching office or any structure used as part of a system to |
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provide wired or wireless telecommunications services; |
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(viii) [(H)] a port, railroad switching |
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yard, railroad tracks, trucking terminal, or other freight |
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transportation facility; |
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(ix) [(I)] a gas processing plant, |
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including a plant used in the processing, treatment, or |
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fractionation of natural gas; [or] |
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(x) [(J)] a transmission facility used by a |
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federally licensed radio or television station; |
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(xi) a steelmaking facility that uses an |
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electric arc furnace to make steel; |
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(xii) a dam that is classified as a high |
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hazard by the Texas Commission on Environmental Quality or that is |
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regulated by the federal government; |
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(xiii) a facility identified and regulated |
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by the United States Department of Homeland Security under the |
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Chemical Facility Anti-Terrorism Standards program; |
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(xiv) a natural gas distribution utility |
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facility, including a pipeline interconnection, gate station, |
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metering station, storage facility, or regulator station; or |
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(xv) a facility for storing and |
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distributing crude oil or products refined from crude oil, |
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including a valve site, pipeline interconnection, pump station, |
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metering station, and piping and including a facility for loading |
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and unloading trucks that transport crude oil or products refined |
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from crude oil; or |
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(B) if enclosed by a fence or other physical |
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barrier or clearly marked with signs prohibiting trespassing, for |
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the evident purpose of excluding intruders: |
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(i) any aboveground portion of an oil, gas, |
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or hazardous chemical pipeline; |
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(ii) a tank or group of tanks used to store |
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oil, gas, or hazardous chemicals, such as a tank battery; |
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(iii) an oil, gas, or hazardous chemical |
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production facility; or |
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(iv) a facility for storing hazardous |
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chemicals. |
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SECTION 5. Section 30.05(d), Penal Code, is amended to read |
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as follows: |
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(d) An offense under this section is: |
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(1) a Class B misdemeanor, except as provided by |
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Subdivisions (2), [and] (3), and (4); |
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(2) a Class C misdemeanor, except as provided by |
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Subdivisions [Subdivision] (3) and (4), if the offense is |
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committed: |
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(A) on agricultural land and within 100 feet of |
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the boundary of the land; or |
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(B) on residential land and within 100 feet of a |
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protected freshwater area; [and] |
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(3) a Class A misdemeanor, except as provided by |
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Subdivision (4), if: |
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(A) the offense is committed: |
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(i) in a habitation or a shelter center; |
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(ii) on a Superfund site; or |
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(iii) on or in a critical infrastructure |
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facility; |
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(B) the offense is committed on or in property of |
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an institution of higher education and it is shown on the trial of |
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the offense that the person has previously been convicted of: |
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(i) an offense under this section relating |
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to entering or remaining on or in property of an institution of |
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higher education; or |
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(ii) an offense under Section 51.204(b)(1), |
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Education Code, relating to trespassing on the grounds of an |
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institution of higher education; or |
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(C) the person carries a deadly weapon during the |
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commission of the offense; or |
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(4) a state jail felony punishable by a fine of $10,000 |
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or by confinement for a term of one year, or both the fine and |
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confinement, if: |
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(A) the offense is committed on or in a critical |
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infrastructure facility; and |
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(B) it is shown on the trial of the offense that |
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the defendant committed the offense with the intent to: |
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(i) damage, destroy, deface, or tamper with |
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equipment in the facility; or |
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(ii) impede or inhibit the operations of |
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the facility. |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2019. |