86R5246 JCG-D
 
  By: Fallon S.B. No. 2229
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal liability for engaging in certain conduct
  involving a critical infrastructure facility; increasing criminal
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.51, Penal Code, is amended by adding
  Subsection (f) to read as follows:
         (f)  Notwithstanding any other provision of this section, a
  court shall sentence a corporation or association adjudged guilty
  of any of the following offenses and subject to any of the following
  punishments to pay a fine equal to the maximum possible amount of
  the applicable fine multiplied by 10:
               (1)  Section 28.02(d-1) or (d-2);
               (2)  Section 28.03(l) or (m); and
               (3)  Section 30.05(d)(3)(A)(iii) or (4).
         SECTION 2.  Section 28.02, Penal Code, is amended by adding
  Subsections (d-1) and (d-2) to read as follows:
         (d-1)  Notwithstanding Subsection (d) and except as provided
  by Subsection (d-2), an offense under this section is a felony
  punishable by a fine of $100,000 or imprisonment for not more than
  10 years, or both the fine and imprisonment, if the offense is
  committed on or in a critical infrastructure facility, as defined
  by Section 30.05.
         (d-2)  If an offense under this section is punishable under
  Subsection (d-1) and Subsection (d)(1) or (2), the offense may be
  punished under either subsection. Notwithstanding Section
  12.32(b), if an offense to which this subsection applies is
  punished under Subsection (d)(1) or (2), the defendant may, in
  addition to the imprisonment, be punished by a fine of $100,000.
         SECTION 3.  Section 28.03, Penal Code, is amended by adding
  Subsections (l) and (m) to read as follows:
         (l)  Notwithstanding Subsection (b) and except as provided
  by Subsection (m), an offense under this section is a felony
  punishable by a fine of $100,000 or imprisonment for not more than
  10 years, or both the fine and imprisonment, if the offense is
  committed on or in a critical infrastructure facility, as defined
  by Section 30.05.
         (m)  If an offense under this section is punishable under
  Subsection (l) and Subsection (b)(7), the offense may be punished
  under either subsection. Notwithstanding Section 12.32(b), if an
  offense to which this subsection applies is punished under
  Subsection (b)(7), the defendant may, in addition to the
  imprisonment, be punished by a fine of $100,000.
         SECTION 4.  Section 30.05(b)(7), Penal Code, is amended to
  read as follows:
               (7)  "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)]  a chemical, polymer, or rubber
  manufacturing facility;
                           (ii) [(B)]  a refinery;
                           (iii) [(C)]  an electrical power generating
  facility, substation, switching station, electrical control
  center, or electrical transmission or distribution facility,
  including electric power lines;
                           (iv) [(D)]  a water intake structure, water
  treatment facility, wastewater treatment plant, or pump station;
                           (v) [(E)]  a natural gas transmission
  compressor station;
                           (vi) [(F)]  a liquid natural gas terminal or
  storage facility;
                           (vii) [(G)]  a telecommunications central
  switching office or any structure used as part of a system to
  provide wired or wireless telecommunications services;
                           (viii) [(H)]  a port, railroad switching
  yard, railroad tracks, trucking terminal, or other freight
  transportation facility;
                           (ix) [(I)]  a gas processing plant,
  including a plant used in the processing, treatment, or
  fractionation of natural gas; [or]
                           (x) [(J)]  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 that is
  regulated by the federal government;
                           (xiii)  a facility identified and regulated
  by the United States Department of Homeland Security under the
  Chemical Facility Anti-Terrorism Standards program;
                           (xiv)  a natural gas distribution utility
  facility, including a pipeline interconnection, gate station,
  metering station, storage facility, or regulator station; or
                           (xv)  a facility for storing and
  distributing crude oil or products refined from crude oil,
  including a valve site, pipeline interconnection, pump station,
  metering station, and piping and including a facility for loading
  and unloading trucks that transport crude oil or products refined
  from crude oil; or
                     (B)  if enclosed by a fence or other physical
  barrier or clearly marked with signs prohibiting trespassing, for
  the evident purpose of excluding intruders:
                           (i)  any aboveground portion of an oil, gas,
  or hazardous chemical pipeline;
                           (ii)  a tank or group of tanks used to store
  oil, gas, or hazardous chemicals, such as a tank battery;
                           (iii)  an oil, gas, or hazardous chemical
  production facility; or
                           (iv)  a facility for storing hazardous
  chemicals.
         SECTION 5.  Section 30.05(d), Penal Code, is amended to read
  as follows:
         (d)  An offense under this section is:
               (1)  a Class B misdemeanor, except as provided by
  Subdivisions (2), [and] (3), and (4);
               (2)  a Class C misdemeanor, except as provided by
  Subdivisions [Subdivision] (3) and (4), if the offense is
  committed:
                     (A)  on agricultural land and within 100 feet of
  the boundary of the land; or
                     (B)  on residential land and within 100 feet of a
  protected freshwater area; [and]
               (3)  a Class A misdemeanor, except as provided by
  Subdivision (4), if:
                     (A)  the offense is committed:
                           (i)  in a habitation or a shelter center;
                           (ii)  on a Superfund site; or
                           (iii) on or in a critical infrastructure
  facility;
                     (B)  the offense is committed on or in property of
  an institution of higher education and it is shown on the trial of
  the offense that the person has previously been convicted of:
                           (i)  an offense under this section relating
  to entering or remaining on or in property of an institution of
  higher education; or
                           (ii)  an offense under Section 51.204(b)(1),
  Education Code, relating to trespassing on the grounds of an
  institution of higher education; or
                     (C)  the person carries a deadly weapon during the
  commission of the offense; or
               (4)  a state jail felony punishable by a fine of $10,000
  or by confinement for a term of one year, or both the fine and
  confinement, if:
                     (A)  the offense is committed on or in a critical
  infrastructure facility; and
                     (B)  it is shown on the trial of the offense that
  the defendant committed the offense with the intent to:
                           (i)  damage, destroy, deface, or tamper with
  equipment in the facility; or
                           (ii)  impede or inhibit the operations of
  the facility.
         SECTION 6.  The changes in law made 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 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 7.  This Act takes effect September 1, 2019.