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A BILL TO BE ENTITLED
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AN ACT
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relating to landowner compensation for certain damage to or on |
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agricultural land 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. The heading to Chapter 56C, Code of Criminal |
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Procedure, is amended to read as follows: |
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CHAPTER 56C. BORDER CRIME [LANDOWNER COMPENSATION FOR] PROPERTY |
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DAMAGE COMPENSATION PROGRAM [CAUSED BY CERTAIN CRIMINAL |
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ACTIVITIES] |
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SECTION 2. Article 56C.001, Code of Criminal Procedure, is |
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amended by amending Subdivision (2) and adding Subdivision (2-a) to |
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read as follows: |
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(2) "Border crime" means conduct: |
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(A) constituting an offense under: |
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(i) Subchapter D, Chapter 481, Health and |
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Safety Code; |
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(ii) Section 20.05, 20.06, or 38.04, Penal |
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Code; or |
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(iii) Chapter 20A, Penal Code; and |
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(B) involving transnational criminal activity. |
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(2-a) "Border region" has the meaning assigned by |
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Section 772.0071, Government Code. |
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SECTION 3. The heading to Article 56C.003, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 56C.003. BORDER CRIME PROPERTY DAMAGE [LANDOWNER] |
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COMPENSATION PROGRAM. |
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SECTION 4. Article 56C.003, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (b), (c), and (d) and adding |
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Subsections (a-1) and (b-1) to read as follows: |
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(a) From the funding sources described by Subsection (a-1) |
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[money appropriated for the purpose], the attorney general shall |
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establish and administer a program to compensate: |
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(1) landowners and lessees who suffer damage to |
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agricultural land, including buildings or other improvements, or to |
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livestock, game, timber, or crops [real property damage] on |
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agricultural land caused by: |
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(A) [(1)] a trespasser as a result of an offense |
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under Chapter 28, Penal Code, that was committed in the course of or |
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in furtherance of a border crime; or |
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(B) [(2)] a law enforcement response to a |
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trespasser who was engaged in a border crime; and |
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(2) persons residing in the border region who suffer |
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real or personal property damage caused by a person described by |
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Subdivision (1)(A) or (B). |
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(a-1) The attorney general may use money from the following |
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sources to establish the program described by Subsection (a): |
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(1) money appropriated, credited, or transferred by |
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the legislature for purposes of the program; |
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(2) revenue that the legislature by statute dedicates |
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for deposit to the credit of the program; |
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(3) gifts, grants, and donations received by the state |
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for purposes of the program, including grants and reimbursements |
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received from the federal government; and |
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(4) proceeds received under Article 59.06(v). |
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(b) The attorney general shall establish: |
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(1) a standardized form and report template to be used |
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by law enforcement agencies for the purpose of Subsection (c); |
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(2) eligibility criteria for compensation under this |
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article, including requirements for providing proof of eligibility |
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for compensation; |
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(3) [(2)] application procedures; |
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(4) [(3)] criteria for evaluating applications and |
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awarding compensation; |
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(5) [(4)] guidelines related to compensation amounts, |
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provided that the maximum amount awarded per incident causing |
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damage may not exceed $75,000; and |
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(6) [(5)] procedures for monitoring the use of |
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compensation awarded under this article and ensuring compliance |
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with any conditions of the award. |
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(b-1) For purposes of Subsection (a), damage caused to |
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agricultural land includes any debris, pollutants, or contaminants |
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left on the land during the applicable incident, and compensation |
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awarded under this article may include an amount necessary to |
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restore the soil to its agricultural use. |
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(c) The attorney general may not award compensation under |
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this article for [real] property damage caused by a trespasser |
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[described by Subsection (a)(1)] unless the damage is documented in |
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a written report by a law enforcement agency as having occurred in |
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connection with a border crime. |
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(d) In awarding compensation under this article for [real] |
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property damage caused by a trespasser [described by Subsection |
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(a)(1)], the attorney general may not consider the outcome of any |
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criminal prosecution arising out of the offense under Chapter 28, |
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Penal Code, as a result of which the applicant suffered [property] |
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damage or the applicable offense listed in Article 56C.001(2)(A). |
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SECTION 5. Article 56C.006(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) The program established under Article 56C.003 is a payer |
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of last resort for [real property] damage described by that |
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article. |
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SECTION 6. Article 59.06(t)(1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(t)(1) This subsection applies only to contraband for which |
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forfeiture is authorized with respect to an offense under Section |
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[20.05, 20.06,] 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code. |
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SECTION 7. Article 59.06, Code of Criminal Procedure, is |
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amended by adding Subsection (v) to read as follows: |
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(v) Notwithstanding any other provision of this article, |
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with respect to forfeited property seized in connection with an |
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offense under Section 20.05 or 20.06, Penal Code, in a proceeding |
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under Article 59.05 in which judgment is rendered in favor of the |
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state, the balance of the proceeds from the sale of forfeited |
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property under Subsection (a), after all required distributions |
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under Subsections (a)(1) and (2) and deductions under Subsection |
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(a)(3) are made, shall be transferred to the credit of an account in |
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the general revenue fund to be administered by the comptroller and |
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may be appropriated only to the attorney general for the purpose of |
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administering the border crime property damage compensation |
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program under Chapter 56C. |
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SECTION 8. Section 544.553, Insurance Code, is amended by |
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adding Subsection (3) to read as follows: |
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(1) use an underwriting guideline based solely on |
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whether a consumer inquiry has been made by or on behalf of the |
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applicant or insured; or |
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(2) charge a rate that is different from the rate |
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charged to other individuals for the same coverage or increase a |
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rate charged to an insured based solely on whether a consumer |
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inquiry has been made by or on behalf of the applicant or insured; |
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or |
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(3) increase a rate charged to an insured based solely |
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on whether a claim, as defined by Sec. 542.006 (a), has been made by |
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or on behalf of the applicant or insured in relation to an event |
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documented by a report under Article 56C.003(c), Code of Criminal |
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Procedure. |
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SECTION 9. Article 56C.007, Code of Criminal Procedure, is |
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repealed. |
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SECTION 10. The change in law made by this Act applies only |
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to compensation for damages incurred in connection with conduct |
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constituting an offense occurring on or after the effective date of |
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this Act. Compensation for damages incurred in connection with |
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conduct constituting an offense occurring before the effective date |
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of this Act is governed by the law in effect on the date the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. For purposes of this section, conduct constituting an |
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offense occurred before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 11. This Act takes effect September 1, 2025. |