BILL ANALYSIS

 

 

Senate Research Center

S.B. 1133

 

By: Blanco et al.

 

Border Security

 

3/14/2023

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

According to the Senate Committee on Border Security Interim Report to the 88th Legislature, increased migrant and law enforcement activity, particularly within border and rural counties, has left many landowners with record financial losses and property damage in the form of destroyed crops, fence damage, outhouses, farm equipment and lost livestock.

 

S.B. 1133 will establish a grant program under the Office of the Attorney General (OAG) to compensate landowners who suffered property damage on agricultural land by a trespasser in the course of smuggling of persons, bailouts, human trafficking, and drug trafficking.   

 

As proposed, S.B. 1133 amends current law relating to a grant program to compensate certain property owners for damages caused by criminal activities.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Title 1, Code of Criminal Procedure, by adding Chapter 56C, as follows:

 

CHAPTER 56C.� GRANT PROGRAM FOR LANDOWNER COMPENSATION

FOR DAMAGES CAUSED BY CRIMINAL ACTIVITIES

 

Sec. 56C.01.  GRANT PROGRAM.� (a) Defines "agricultural land," "property damage," and "trespasser."

 

(b)  Requires the attorney general to establish and administer a grant program to compensate landowners who suffer property damage on agricultural land by a trespasser as a result of the commission of an offense under Section 20.05 (Smuggling of Persons) or 38.04 (Evading Arrest or Detention), Penal Code, any offense under Chapter 20A (Trafficking of Persons), Penal Code, or any offense under Subchapter D (Offenses and Penalties), Chapter 481, Health and Safety Code.

 

(c) Requires the attorney general to establish:

 

(1)  eligibility criteria for grant applicants;

 

(2)  grant application procedures;

 

(3)  criteria for evaluating grant applications and awarding grants;

 

(4)  guidelines related to grant amounts; and

 

(5)  procedures for monitoring the use of a grant awarded under this section and ensuring compliance with any conditions of the grant.

 

(d)  Requires that the eligibility criteria established under Subsection (c)(1) include a requirement that the applicant promptly reported the offense to an appropriate law enforcement agency.

 

(e)  Authorizes the attorney general to use any revenue available for purposes of this section.

 

SECTION 2. Effective date: September 1, 2023.