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A BILL TO BE ENTITLED
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AN ACT
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relating to disasters, including the regulation of social media |
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platforms, disaster relief organizations, and disaster volunteers; |
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creating criminal offenses; increasing criminal penalties; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Disaster Volunteer |
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Management and Scam Prevention Act. |
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SECTION 2. Subtitle A, Title 16, Business & Commerce Code, |
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is amended by adding Chapter 722 to read as follows: |
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CHAPTER 722. SOCIAL MEDIA POSTS SOLICITING OR PROMOTING |
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DISASTER-RELATED DONATIONS |
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Sec. 722.001. DEFINITIONS. In this chapter: |
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(1) "Disaster" has the meaning assigned by Section |
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418.004, Government Code. |
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(2) "Social media platform" and "user" have the |
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meanings assigned by Section 120.001. |
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Sec. 722.002. APPLICABILITY OF CHAPTER. This chapter |
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applies only with respect to a user who resides in this state. |
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Sec. 722.003. WARNING REQUIRED ON CERTAIN POSTS SOLICITING |
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OR PROMOTING DISASTER-RELATED DONATIONS. (a) Except as provided by |
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Subsection (b), an operator of a social media platform shall |
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include a warning to users of its platform in connection with any |
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post that solicits or promotes the donation of money in relation to |
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a disaster. The warning must inform users of potential scams and |
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encourage users to verify the source of the post. |
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(b) An operator of a social media platform is not required |
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to include a warning described by Subsection (a) on a post |
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originating from an account associated with a governmental entity. |
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SECTION 3. Chapter 402, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. VOLUNTARY STATE CERTIFICATION FOR DISASTER RELIEF |
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ORGANIZATIONS |
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Sec. 402.121. DUTY TO ESTABLISH PROGRAM. (a) The consumer |
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protection division of the office of the attorney general, in |
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consultation with the Texas Division of Emergency Management, shall |
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establish a program by which a disaster relief organization may |
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apply for and be certified as a state-recognized disaster relief |
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organization. |
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(b) The attorney general shall adopt rules to implement this |
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section. |
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SECTION 4. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.14104 to read as follows: |
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Sec. 411.14104. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: TEXAS DIVISION OF EMERGENCY MANAGEMENT. (a) The |
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Texas Division of Emergency Management is entitled to obtain |
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criminal history record information as provided by Subsection (b) |
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that relates to a person who applies to register as a volunteer |
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under Subchapter M, Chapter 418. |
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(b) Subject to Sections 411.087 and 418.457 of this code and |
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consistent with the public policy of this state, the Texas Division |
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of Emergency Management is entitled to: |
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(1) obtain through the Federal Bureau of Investigation |
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criminal history record information maintained or indexed by that |
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bureau that relates to a person described by Subsection (a); and |
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(2) obtain from the department or any other criminal |
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justice agency in this state criminal history record information |
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maintained by the department or that criminal justice agency that |
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relates to a person described by Subsection (a). |
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(c) The Texas Division of Emergency Management may not |
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release or disclose to any person criminal history record |
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information obtained from the Federal Bureau of Investigation under |
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Subsection (b)(1). Criminal history record information obtained by |
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the Texas Division of Emergency Management under Subsection (b)(2) |
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may not be released or disclosed to any person except on court order |
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or as provided by Subsection (d). |
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(d) The Texas Division of Emergency Management is not |
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prohibited from disclosing criminal history record information |
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obtained under Subsection (b)(2) in a criminal proceeding. |
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(e) The Texas Division of Emergency Management shall |
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destroy criminal history record information that is obtained under |
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this section after the information is used for its authorized |
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purpose. |
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SECTION 5. Chapter 418, Government Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. REGISTRATION OF CERTAIN DISASTER VOLUNTEERS REQUIRED |
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Sec. 418.451. DEFINITIONS. In this subchapter: |
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(1) "Disaster" has the meaning assigned by Section |
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418.004. |
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(2) "Disaster area" means a county any part of which is |
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subject to: |
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(A) a disaster declaration issued by: |
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(i) the president of the United States |
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under the Robert T. Stafford Disaster Relief and Emergency |
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Assistance Act (42 U.S.C. Section 5121 et seq.); |
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(ii) the governor under Section 418.014; or |
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(iii) the presiding officer of the |
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governing body of a political subdivision under Section 418.108; or |
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(B) an emergency evacuation order. |
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(3) "Disaster volunteer" means a person who provides |
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or offers to provide a service at no cost to or at the direction of: |
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(A) a victim of a disaster; or |
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(B) a governmental entity engaged in disaster |
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response or recovery. |
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(4) "Relative" has the meaning assigned by Section |
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20.01, Penal Code. |
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(5) "Volunteer firefighter" and "volunteer fire |
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department" have the meanings assigned by Section 88.123, Education |
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Code. |
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Sec. 418.452. NONAPPLICABILITY. This subchapter does not |
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apply to a person who: |
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(1) resides in a disaster area; |
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(2) resides in a county adjacent to a disaster area; |
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(3) assists only a relative who is a victim of a |
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disaster; or |
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(4) is an officer, employee, agent, contractor, |
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subcontractor, or other person acting on behalf of a governmental |
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entity, including a volunteer firefighter or other person acting on |
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behalf of a volunteer fire department. |
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Sec. 418.453. DIVISION AS ADMINISTRATOR; RULES. (a) The |
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division shall administer and enforce this subchapter. |
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(b) The division may adopt rules to implement this |
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subchapter. |
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Sec. 418.454. REGISTRATION REQUIRED. A person may not |
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serve in-person as a disaster volunteer in a disaster area unless |
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the person registers with the division under this subchapter. |
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Sec. 418.455. ELIGIBILITY. (a) A person may not register |
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under this subchapter if the person is subject to: |
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(1) the sex offender registration requirements of |
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Chapter 62, Code of Criminal Procedure; or |
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(2) an outstanding arrest warrant in any state or |
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federal jurisdiction. |
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(b) The division shall establish other minimum eligibility |
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criteria for a person to register under this subchapter as a |
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disaster volunteer to ensure the safety of victims of a disaster and |
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the effective and efficient use of government resources. |
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Sec. 418.456. APPLICATION. (a) A person must apply in |
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writing to register under this subchapter. |
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(b) The application must inquire whether the applicant is |
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subject to: |
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(1) the sex offender registration requirements of |
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Chapter 62, Code of Criminal Procedure; or |
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(2) an outstanding arrest warrant in any state or |
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federal jurisdiction. |
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(c) As part of the application, the applicant must provide |
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the division with a copy of: |
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(1) the applicant's current driver's license or |
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identification card issued by any state; or |
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(2) as the division determines sufficient, other |
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identification documents issued by this state, another state, or |
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the federal government. |
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Sec. 418.457. AUTHORITY TO CONDUCT CRIMINAL HISTORY CHECK. |
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(a) The division may conduct a criminal history check, including a |
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check of any criminal history record information maintained by the |
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Federal Bureau of Investigation, in the manner provided by |
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Subchapter F, Chapter 411, on each person who applies to register |
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under this subchapter. |
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(b) For purposes of conducting the criminal history check, |
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the division may require an applicant to submit a complete and |
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legible set of fingerprints, on a form prescribed by the division, |
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to the division or to the department for the purpose of obtaining |
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criminal history record information from the department and the |
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Federal Bureau of Investigation. |
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(c) The division may require the applicant to pay a fee to |
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cover any costs associated with conducting a criminal history check |
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under this section. |
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Sec. 418.458. LIMITATION ON REGISTRATION REQUIREMENT. A |
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registration under this subchapter applies only to a disaster area |
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and only for the period in which the applicable disaster |
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declaration or emergency evacuation order is in effect. |
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Sec. 418.459. PENALTY FOR FAILURE TO REGISTER. (a) A |
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person commits an offense if the person violates Section 418.454. |
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(b) An offense under this section is: |
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(1) for a first offense, a Class C misdemeanor |
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punishable by a fine not to exceed $25; or |
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(2) for a second or subsequent offense, a Class C |
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misdemeanor. |
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SECTION 6. Section 31.03, Penal Code, is amended by |
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amending Subsection (e) and adding Subsection (f-3) to read as |
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follows: |
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(e) Except as otherwise provided by this section |
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[Subsections (f) and (f-1)], an offense under this section is: |
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(1) a Class C misdemeanor if the value of the property |
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stolen is less than $100; |
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(2) a Class B misdemeanor if: |
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(A) the value of the property stolen is $100 or |
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more but less than $750; |
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(B) the value of the property stolen is less than |
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$100 and the defendant has previously been convicted of any grade of |
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theft; or |
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(C) the property stolen is a driver's license, |
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commercial driver's license, or personal identification |
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certificate issued by this state or another state; |
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(3) a Class A misdemeanor if the value of the property |
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stolen is $750 or more but less than $2,500; |
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(4) a state jail felony if: |
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(A) the value of the property stolen is $2,500 or |
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more but less than $30,000, or the property is less than 10 head of |
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sheep, swine, or goats or any part thereof under the value of |
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$30,000; |
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(B) regardless of value, the property is stolen |
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from the person of another or from a human corpse or grave, |
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including property that is a military grave marker; |
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(C) the property stolen is a firearm; |
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(D) the value of the property stolen is less than |
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$2,500 and the defendant has been previously convicted two or more |
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times of any grade of theft; |
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(E) the property stolen is an official ballot or |
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official carrier envelope for an election; |
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(F) the value of the property stolen is less than |
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$20,000 and the property stolen is: |
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(i) aluminum; |
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(ii) bronze; |
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(iii) copper; or |
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(iv) brass; [or] |
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(G) the cost of replacing the property stolen is |
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less than $30,000 and the property stolen is a catalytic converter; |
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or |
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(H) the value of the property stolen is less than |
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$30,000 and the property was stolen in a disaster area and came into |
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the actor's custody, possession, or control by virtue of the actor's |
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status or purported status as a disaster volunteer, as that term is |
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defined by Section 418.451, Government Code; |
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(5) a felony of the third degree if the value of the |
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property stolen is $30,000 or more but less than $150,000, or the |
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property is: |
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(A) cattle, horses, or exotic livestock or exotic |
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fowl as defined by Section 142.001, Agriculture Code, stolen during |
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a single transaction and having an aggregate value of less than |
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$150,000; |
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(B) 10 or more head of sheep, swine, or goats |
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stolen during a single transaction and having an aggregate value of |
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less than $150,000; or |
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(C) a controlled substance, having a value of |
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less than $150,000, if stolen from: |
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(i) a commercial building in which a |
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controlled substance is generally stored, including a pharmacy, |
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clinic, hospital, nursing facility, or warehouse; or |
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(ii) a vehicle owned or operated by a |
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wholesale distributor of prescription drugs; |
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(6) a felony of the second degree if: |
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(A) the value of the property stolen is $150,000 |
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or more but less than $300,000; or |
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(B) the value of the property stolen is less than |
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$300,000 and the property stolen is an automated teller machine or |
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the contents or components of an automated teller machine; or |
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(7) a felony of the first degree if the value of the |
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property stolen is $300,000 or more. |
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(f-3) The increase in the punishment provided by Section |
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12.50 for an offense under this section does not apply if the |
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penalty described by Subsection (e)(4)(H) applies. |
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SECTION 7. Section 31.03(h), Penal Code, is amended by |
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adding Subdivision (9) to read as follows: |
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(9) "Disaster area" is an area that was, at the time of |
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the offense: |
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(A) subject to a disaster declaration issued by: |
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(i) the president of the United States |
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under the Robert T. Stafford Disaster Relief and Emergency |
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Assistance Act (42 U.S.C. Section 5121 et seq.); |
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(ii) the governor under Section 418.014, |
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Government Code; or |
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(iii) the presiding officer of the |
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governing body of a political subdivision under Section 418.108, |
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Government Code; or |
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(B) subject to an emergency evacuation order. |
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SECTION 8. Subchapter D, Chapter 32, Penal Code, is amended |
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by adding Section 32.61 to read as follows: |
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Sec. 32.61. MALICIOUS SOLICITATION OF DISASTER VICTIM OR |
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FOR DISASTER RESPONSE OR RECOVERY. (a) In this section: |
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(1) "Disaster" has the meaning assigned by Section |
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418.004, Government Code. |
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(2) "Disaster volunteer" has the meaning assigned by |
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Section 418.451, Government Code. |
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(3) "Victim of a disaster" means a person who has |
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suffered harm as a result of a disaster. |
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(b) A person commits an offense if the person, with the |
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intent to defraud or harm any person: |
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(1) solicits a donation from another person while |
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inducing the other person to believe that the donation will be used |
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for disaster response or recovery, regardless of the manner of |
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solicitation; |
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(2) solicits payment from a victim of a disaster |
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after: |
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(A) providing services to the victim that are |
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related to disaster response or recovery, including debris removal |
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or transportation; and |
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(B) inducing the victim to believe that: |
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(i) the person is a disaster volunteer; and |
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(ii) the services described by Paragraph |
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(A) would be provided at no cost to the victim; or |
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(3) solicits payment from a victim of a disaster while |
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inducing the victim to believe that the actor will search for or |
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return to the victim a relative who is believed to be missing as a |
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result of the disaster. |
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(c) An offense under Subsection (b)(1) or (2) is: |
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(1) for a first offense, a felony of the third degree; |
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or |
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(2) for a second or subsequent offense, a felony of the |
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second degree. |
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(d) An offense under Subsection (b)(3) is a felony of the |
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first degree. |
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(e) 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 or the other law, or both. |
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SECTION 9. Subchapter M, Chapter 418, Government Code, as |
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added by this Act, applies only to a disaster declaration or |
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emergency evacuation order issued or renewed on or after the |
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effective date of this Act. |
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SECTION 10. Section 31.03, Penal Code, as amended by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 11. This Act takes effect on the 91st day after the |
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last day of the legislative session. |