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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offenses of transnational |
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repression and unauthorized enforcement of foreign law and to a |
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study and law enforcement training regarding transnational |
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repression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 76, Penal Code, is amended by adding |
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Sections 76.045 and 76.046 to read as follows: |
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Sec. 76.045. TRANSNATIONAL REPRESSION. (a) In this |
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section: |
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(1) "Agent of a foreign government or foreign |
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terrorist organization" means a person acting on behalf of or |
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otherwise employed or controlled by a foreign government or foreign |
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terrorist organization. |
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(2) "Foreign terrorist organization" has the meaning |
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assigned by Section 71.01. |
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(3) "Protected conduct" means any speech or expressive |
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conduct protected by the First Amendment to the United States |
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Constitution or by Section 8, Article I, Texas Constitution. |
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(b) A person commits an offense if: |
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(1) the person commits or conspires to commit an |
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offense under: |
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(A) Section 20A.02; |
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(B) Section 22.01; |
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(C) Section 22.02; |
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(D) Section 42.07; |
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(E) Section 42.072; or |
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(F) Section 43.05; |
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(2) the person commits or conspires to commit an |
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offense described by Subdivision (1) with the intent to: |
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(A) cause another person to act on behalf of a |
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foreign government or a foreign terrorist organization; |
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(B) cause another person to leave or be confined |
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in the United States; |
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(C) discourage another person from engaging in |
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protected conduct; or |
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(D) retaliate against another person for |
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engaging in protected conduct; and |
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(3) the person commits or conspires to commit that |
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offense as an agent of a foreign government or foreign terrorist |
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organization. |
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(c) An offense under this section is one category higher |
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than the most serious offense listed in Subsection (b)(1) that was |
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committed or conspired to be committed, except that if the most |
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serious offense is a felony of the first degree, the offense under |
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this section is a felony of the first degree with a minimum term of |
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confinement of 15 years. |
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Sec. 76.046. UNAUTHORIZED ENFORCEMENT OF FOREIGN LAW. (a) |
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In this section, "agent of a foreign government or foreign |
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terrorist organization" has the meaning assigned by Section 76.045. |
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(b) A person commits an offense if, as an agent of a foreign |
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government or foreign terrorist organization, the person, without |
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the approval of this state or the United States: |
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(1) prevents another person in this state from |
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violating the laws of a foreign government; or |
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(2) detects, investigates, monitors, or surveilles |
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another person in this state for the purpose of preventing the other |
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person from violating the laws of a foreign government. |
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(c) An offense under this section is a felony of the second |
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degree. |
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SECTION 2. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.02098 to read as follows: |
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Sec. 411.02098. TRANSNATIONAL REPRESSION TRAINING PROGRAM. |
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(a) In this section: |
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(1) "Agent of a foreign government or foreign |
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terrorist organization" and "agent" mean a person acting on behalf |
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of or otherwise employed or controlled by a foreign government or |
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foreign terrorist organization. |
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(2) "Foreign terrorist organization" has the meaning |
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assigned by Section 71.01, Penal Code. |
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(3) "Peace officer" means an individual described by |
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Article 2A.001, Code of Criminal Procedure. |
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(4) "Transnational repression" means conduct |
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described by Section 76.045(b), Penal Code. |
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(b) The department shall develop a training program for |
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peace officers regarding transnational repression. The training |
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program must: |
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(1) prepare peace officers to: |
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(A) identify transnational repression; |
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(B) develop practices for preventing, reporting, |
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and responding to transnational repression; and |
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(C) recognize communities targeted by |
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transnational repression and misinformation that may be |
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perpetuated by an agent of a foreign government or foreign |
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terrorist organization; and |
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(2) include information about foreign governments and |
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foreign terrorist organizations that are frequently involved in |
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transnational repression and the methods those governments and |
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organizations use. |
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(c) The department shall regularly update the training |
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under Subsection (b) to address emerging threats and new |
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transnational repression methods used by agents of a foreign |
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government or foreign terrorist organization. |
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SECTION 3. (a) The Department of Public Safety of the State |
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of Texas, in collaboration with the office of the governor, shall |
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conduct a study on the threat of transnational repression, as that |
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conduct is described by Section 76.045(b), Penal Code, as added by |
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this Act. Not later than March 1, 2026, the Department of Public |
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Safety shall prepare and submit to each member of the legislature a |
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report on the conclusions of the study and any recommendations for |
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legislative or other action to reduce the threat of transnational |
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repression. |
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(b) This section expires April 1, 2026. |
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SECTION 4. Not later than April 1, 2026, the Department of |
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Public Safety shall develop the training required by Section |
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411.02098, Government Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |