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A BILL TO BE ENTITLED
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AN ACT
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relating to a grant program to compensate landowners for property |
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damage caused by certain criminal activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 56C to read as follows: |
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CHAPTER 56C. GRANT PROGRAM FOR LANDOWNER COMPENSATION FOR PROPERTY |
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DAMAGE CAUSED BY CERTAIN CRIMINAL ACTIVITIES |
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Art. 56C.001. DEFINITIONS. In this chapter: |
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(1) "Agricultural land" includes any land the use of |
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which qualifies the land for appraisal based on agricultural use as |
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defined under Subchapter D, Chapter 23, Tax Code. |
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(2) "Border crime" means conduct constituting an |
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offense listed in Article 56C.002(a)(1), (2), or (3) and involving |
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transnational criminal activity. |
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(3) "Trespasser" has the meaning assigned by Section |
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75.007, Civil Practice and Remedies Code. |
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Art. 56C.002. GRANT PROGRAM. (a) From money appropriated |
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for the purpose, the attorney general shall establish and |
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administer a grant program to compensate landowners who suffer |
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property damage on agricultural land caused by a trespasser as a |
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result of an offense under Chapter 28, Penal Code, that was |
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committed in the course of or in furtherance of an offense under: |
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(1) Subchapter D, Chapter 481, Health and Safety Code; |
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(2) Section 20.05 or 38.04, Penal Code; or |
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(3) Chapter 20A, Penal Code. |
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(b) The attorney general shall establish: |
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(1) eligibility criteria for grant applicants; |
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(2) grant application procedures; |
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(3) criteria for evaluating grant applications and |
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awarding grants; |
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(4) guidelines related to grant amounts, provided that |
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the maximum amount awarded per grant may not exceed $100,000; and |
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(5) procedures for monitoring the use of a grant |
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awarded under this article and ensuring compliance with any |
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conditions of the grant. |
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(c) The eligibility criteria established under Subsection |
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(b)(1) must include a requirement that the applicant reported the |
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property damage to an appropriate law enforcement agency promptly |
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after discovering the damage. |
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(d) In awarding a grant under this article, the attorney |
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general: |
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(1) shall give priority to: |
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(A) applicants who suffered property damage as a |
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result of an offense that was committed in the course of or in |
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furtherance of a border crime; and |
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(B) applicants who suffered damage to |
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structures, including fences, on the agricultural land; and |
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(2) may not consider the outcome of any criminal |
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prosecution arising out of the offense under Chapter 28, Penal |
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Code, as a result of which the applicant suffered property damage or |
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the applicable offense listed in Subsection (a)(1), (2), or (3). |
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Art. 56C.003. ANNUAL REPORT. Not later than the 100th day |
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after the end of each state fiscal year, the attorney general shall |
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submit to the governor and the legislature a report on the attorney |
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general's activities under this chapter during the preceding fiscal |
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year that includes the following information, disaggregated by each |
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offense listed in Articles 56C.002(a)(1), (2), and (3): |
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(1) the number of grant applications made; |
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(2) the number of grants awarded; and |
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(3) the amount of grant money distributed. |
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Art. 56C.004. PAYER OF LAST RESORT. The grant program |
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established under Article 56C.002 is a payer of last resort for |
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property damage described by that article. |
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SECTION 2. This Act takes effect September 1, 2023. |
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* * * * * |