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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of mass |
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terroristic threat and to the establishment of the task force on |
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mass violence prevention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 22, Penal Code, is amended by adding |
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Section 22.071 to read as follows: |
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Sec. 22.071. MASS TERRORISTIC THREAT. (a) A person commits |
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an offense if the person threatens to cause mass violence to a |
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person or property with the intent to intimidate or induce fear |
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through the infliction of serious bodily injury on: |
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(1) more than one specific person; or |
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(2) the public or a substantial group of the public. |
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(b) An offense under this section is a felony of the third |
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degree. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. (a) In this section, "department" means the |
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Department of Public Safety of the State of Texas. |
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(b) The task force on mass violence prevention is |
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established to evaluate the policies and practices regarding the |
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interaction between law enforcement agencies and the mental health |
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system in relation to incidents of mass violence in this state. |
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(c) The task force is composed of the public safety director |
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of the department or the director's designee and the following |
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members appointed by the director: |
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(1) a representative of the Health and Human Services |
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Commission; |
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(2) a representative of the Texas Judicial Commission |
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on Mental Health; |
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(3) a representative of the Texas Council of Community |
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Centers; |
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(4) a representative of the Sheriffs' Association of |
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Texas; and |
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(5) a qualified forensic mental health expert |
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certified in the evaluation of mass violence. |
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(d) The public safety director of the department shall |
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designate a member of the task force to serve as the presiding |
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officer. |
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(e) The department shall provide reasonably necessary |
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administrative and technical support to the task force. |
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(f) The department may accept gifts, grants, or donations on |
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behalf of the task force to carry out the task force's duties under |
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this section. |
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(g) Chapter 2110, Government Code, does not apply to the |
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task force. |
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(h) Not later than December 1, 2024, the task force shall |
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prepare and submit a written report on the task force's activities |
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to the governor, the lieutenant governor, the speaker of the house |
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of representatives, and each standing committee of the legislature |
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with primary jurisdiction over criminal justice and mental health |
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matters. The report must include legislative recommendations for: |
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(1) standardizing protocols for the reporting of, |
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reaction to, and mitigation of the threat of mass violence; |
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(2) aligning and coordinating laws in this state to |
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ensure a smooth transition between the criminal justice and mental |
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health systems; and |
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(3) reducing incidents of mass violence in this state. |
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(i) The task force is abolished and this section expires |
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September 1, 2025. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the public safety director of the Department of Public |
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Safety of the State of Texas shall appoint members to the task force |
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on mass violence prevention as required by Section 2 of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |