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A BILL TO BE ENTITLED
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AN ACT
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relating to civil and criminal liability for engaging in certain |
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conduct involving a critical infrastructure facility; creating |
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criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 424.001, Government Code, is amended to |
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read as follows: |
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Sec. 424.001. DEFINITIONS [DEFINITION]. In this |
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chapter: |
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(1) "Critical [, "critical] infrastructure facility" |
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has the meaning assigned by Section 423.0045(a)(1-a) and also |
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includes: |
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(A) [(1)] any pipeline transporting oil or gas or |
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the products or constituents of oil or gas; |
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(B) [(2)] a public or private airport depicted in |
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any current aeronautical chart published by the Federal Aviation |
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Administration; |
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(C) [(3)] a military installation owned or |
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operated by or for the federal government, this state, or another |
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governmental entity; |
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(D) a semiconductor wafer manufacturing |
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facility; and |
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(E) [(4)] a facility or pipeline described by |
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this section that is under construction and all equipment and |
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appurtenances used during that construction. |
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(2) "Semiconductor wafer manufacturing facility" |
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means a manufacturing facility that includes any of the following |
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processes with respect to semiconductor production: |
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(A) growing single-crystal ingots or boules; |
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(B) wafer slicing; |
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(C) etching and polishing; |
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(D) bonding; |
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(E) cleaning; |
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(F) epitaxial deposition; or |
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(G) metrology. |
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SECTION 2. Section 424.051(a), Government Code, is amended |
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to read as follows: |
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(a) A person commits an offense if, without the effective |
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consent of the owner, the person: |
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(1) enters or remains on or in a critical |
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infrastructure facility and intentionally or knowingly damages or |
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destroys the facility; or |
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(2) intentionally or knowingly disturbs the physical |
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environment, including increasing ground or subterranean vibration |
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levels, within 15 miles of a critical infrastructure facility and |
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the disturbance damages or destroys the facility. |
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SECTION 3. Section 424.052(a), Government Code, is amended |
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to read as follows: |
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(a) A person commits an offense if, without the effective |
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consent of the owner, the person: |
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(1) enters or remains on or in a critical |
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infrastructure facility and intentionally or knowingly impairs or |
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interrupts the operation of the facility; or |
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(2) intentionally or knowingly disturbs the physical |
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environment, including increasing ground or subterranean vibration |
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levels, within 15 miles of a critical infrastructure facility and |
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the disturbance impairs or interrupts the operation of the |
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facility. |
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SECTION 4. Section 424.053(a), Government Code, is amended |
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to read as follows: |
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(a) A person commits an offense if, without the effective |
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consent of the owner, the person: |
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(1) enters or remains on or in a critical |
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infrastructure facility with the intent to damage or destroy the |
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facility; or |
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(2) disturbs the physical environment, including |
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increasing ground or subterranean vibration levels, within 15 miles |
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of a critical infrastructure facility with the intent to damage or |
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destroy the facility. |
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SECTION 5. Section 424.054(a), Government Code, is amended |
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to read as follows: |
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(a) A person commits an offense if, without the effective |
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consent of the owner, the person: |
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(1) enters or remains on or in a critical |
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infrastructure facility with the intent to impair or interrupt the |
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operation of the facility; or |
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(2) disturbs the physical environment, including |
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increasing ground or subterranean vibration levels, within 15 miles |
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of a critical infrastructure facility with the intent to impair or |
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interrupt the operation of the facility. |
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SECTION 6. Section 424.055, Government Code, is amended to |
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read as follows: |
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Sec. 424.055. PUNISHMENT FOR CORPORATIONS AND |
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ASSOCIATIONS. Notwithstanding Section 12.51, Penal Code, a court |
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shall sentence a corporation or association adjudged guilty of an |
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offense under this subchapter to pay a fine not to exceed $1 billion |
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[$500,000]. |
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SECTION 7. Section 424.102, Government Code, is amended to |
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read as follows: |
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Sec. 424.102. CERTAIN ADDITIONAL LIABILITY. In addition to |
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any liability under Section 424.101, an organization that, acting |
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through an officer, director, or other person serving in a |
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managerial capacity, knowingly compensates a person for engaging in |
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conduct occurring on the premises of a critical infrastructure |
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facility, or for disturbing the physical environment within 15 |
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miles of a critical infrastructure facility, is liable to the |
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property owner, as provided by this subchapter, for damages arising |
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from the conduct if the conduct constituted an offense under |
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Section 424.051, 424.052, 424.053, or 424.054. |
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SECTION 8. (a) The changes in law made by this Act to |
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Chapter 424, Government Code, apply only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this |
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subsection, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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(b) The changes in law made by this Act to Chapter 424, |
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Government Code, apply only to a cause of action that accrues on or |
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after the effective date of this Act. A cause of action that |
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accrues before the effective date of this Act is governed by the law |
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in effect on the date the cause of action accrued, and the former |
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law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2025. |