89R15113 MZM-F

By: Goodwin H.B. No. 4982

A BILL TO BE ENTITLED

AN ACT

relating to hate crimes, including criminal and civil liability for those crimes and the hate crime prevention grant program; increasing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Texas Hate Crimes Prevention and Victim Protection Act.

SECTION 2. Title 4, Civil Practice and Remedies Code, is amended by adding Chapter 100B to read as follows:

CHAPTER 100B. LIABILITY FOR HATE CRIMES

Sec. 100B.001. DEFINITION. In this chapter, "hate crime" means conduct constituting an offense in which the victim or the victim's property is selected because of a bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender or gender identity, or sexual preference or by status as a peace officer, judge, or homeless person.

Sec. 100B.002. LIABILITY FOR HATE CRIMES. A person who commits a hate crime is liable to the victim of the hate crime for damages incurred by the victim as a result of the crime.

Sec. 100B.003. DAMAGES. A prevailing claimant in an action brought under this chapter may recover:

(1) actual damages;

(2) except as provided by Subdivision (3), exemplary damages in an amount not to exceed three times the amount of actual damages;

(3) if a defendant threatens, intimidates, or harasses the claimant or a witness during the action, additional exemplary damages of $25,000 against that defendant; and

(4) court costs and attorney's fees incurred in bringing the action.

Sec. 100B.004. CONVICTION NOT REQUIRED. A criminal conviction for which an affirmative finding of bias or prejudice is made under Article 42.014, Code of Criminal Procedure, is not required to prove liability in an action brought under this chapter.

SECTION 3. Article 7B.101, Code of Criminal Procedure, is amended to read as follows:

Art. 7B.101. REQUEST FOR PROTECTIVE ORDER. A person may request the court to issue a protective order under Title 4, Family Code, for the protection of the person at any proceeding:

(1) in which the defendant appears in constitutional county court, statutory county court, or district court;

(2) that is related to an offense under Title 5, Penal Code, or Section 28.02, 28.03, [or] 28.08, 42.0601, or 42.074, Penal Code; and

(3) in which it is alleged that the defendant committed the offense because of bias or prejudice as described by Article 42.014.

SECTION 4. Article 7B.102, Code of Criminal Procedure, is amended to read as follows:

Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER. The court shall issue a protective order in the manner provided by Title 4, Family Code, if, in lieu of the finding that family violence occurred as required by Section 85.001, Family Code, the court finds that:

(1) probable cause exists to believe that an offense under Title 5, Penal Code, or Section 28.02, 28.03, [or] 28.08, 42.0601, or 42.074, Penal Code, was committed;

(2) the defendant committed the offense because of bias or prejudice; and

(3) the nature of the scheme or course of conduct engaged in by the defendant in committing the offense indicates the defendant is likely in the future to:

(A) engage in conduct prohibited by Title 5, Penal Code, or Section 28.02, 28.03, [or] 28.08, 42.0601, or 42.074, Penal Code; and

(B) engage in that conduct described by Paragraph (A) because of bias or prejudice.

SECTION 5. Articles 42.014(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) In the trial of an offense under Title 5, Penal Code, or Section 28.02, 28.03, 28.08, [or] 42.0601, or 42.074, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment of the case if at the guilt or innocence phase of the trial, the judge or the jury, whichever is the trier of fact, determines beyond a reasonable doubt that the defendant intentionally selected the person against whom the offense was committed, or intentionally selected the person's property that was damaged or affected as a result of the offense, because of the defendant's bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender or gender identity, or sexual preference or by status as a peace officer, [or] judge, or homeless person.

(b) The sentencing judge shall [may], as a condition of punishment, require attendance in an educational program to further tolerance and acceptance of others.

SECTION 6. Subchapter B, Chapter 402, Government Code, is amended by adding Section 402.040 to read as follows:

Sec. 402.040. HATE CRIME PREVENTION GRANT PROGRAM. (a) In this section:

(1) "Grant program" means the hate crime prevention grant program established under this section.

(2) "Hate crime" means an offense in which the victim or the victim's property is selected because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure.

(b) The attorney general shall establish and administer a grant program to award grants to:

(1) eligible law enforcement agencies that investigate hate crimes; and

(2) eligible crime victim assistance programs that provide assistance to victims of hate crimes.

(c) Money awarded under the grant program may be used only to:

(1) assist law enforcement officers in investigating hate crimes according to best practices identified in the instruction described by Section 1701.273, Occupations Code; or

(2) provide resources and other assistance to victims of hate crimes.

(d) The attorney general shall establish:

(1) additional eligibility criteria for grant program applicants;

(2) grant program application procedures;

(3) guidelines relating to grant amounts;

(4) procedures for evaluating grant applications; and

(5) procedures for monitoring the use of a grant awarded under the grant program and ensuring compliance with any conditions of a grant.

(e) The attorney general shall award grants as provided by this section from available money, including money appropriated for the purpose of the grant program. The attorney general may accept gifts, grants, and donations from any source for the purpose of the grant program.

SECTION 7. Section 411.046, Government Code, is amended by adding Subsections (d) and (e) to read as follows:

(d) The bureau of identification and records shall publish, on the bureau's Internet website and at regular intervals as prescribed by rules adopted by the department, the number of offenses and the type of offenses reported to the bureau by local law enforcement agencies under Subsection (b).

(e) Not later than January 31 of each year, the bureau of identification and records shall submit a written report to the governor and the legislature that includes the number of offenses and the type of offenses reported to the bureau by local law enforcement agencies under Subsection (b) during the preceding calendar year.

SECTION 8. Subchapter F, Chapter 1701, Occupations Code, is amended by adding Section 1701.273 to read as follows:

Sec. 1701.273. HATE CRIME AWARENESS TRAINING PROGRAM. (a) The commission shall establish a hate crime awareness training program for law enforcement officers. The training program must include instruction on:

(1) identifying and investigating hate crimes;

(2) interacting with victims of hate crimes; and

(3) reporting hate crimes, including:

(A) mandatory reporting of hate crimes to the Department of Public Safety as required by Section 411.046(b), Government Code; and

(B) voluntary reporting of hate crimes to the Federal Bureau of Investigation.

(b) The commission shall consult with federal, state, and local law enforcement agencies in developing the training program required by this section.

(c) The commission shall require a law enforcement officer to biennially complete:

(1) the training required under this section; or

(2) another training equivalent to the training program required under this section, as determined by the commission.

SECTION 9. Section 12.47(a), Penal Code, is amended to read as follows:

(a) If an affirmative finding under Article 42.014, Code of Criminal Procedure, is made in the trial of an offense other than a first degree felony or a Class A misdemeanor, the punishment for the offense is increased to the punishment prescribed for the next highest category of offense. If the offense is a first degree felony, the minimum term of imprisonment for the offense is increased to 15 years. If the offense is a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days. This section does not apply to the trial of an offense of injury to a disabled individual under Section 22.04, if the affirmative finding in the case under Article 42.014, Code of Criminal Procedure, shows that the defendant intentionally selected the victim because the victim was disabled.

SECTION 10. Section 25.071(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if, in violation of an order issued under Subchapter C, Chapter 7B, Code of Criminal Procedure, the person knowingly or intentionally:

(1) commits an offense under Title 5 or Section 28.02, 28.03, [or] 28.08, 42.0601, or 42.074, and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure;

(2) communicates:

(A) directly with a protected individual in a threatening or harassing manner;

(B) a threat through any person to a protected individual; or

(C) in any manner with the protected individual, if the order prohibits any communication with a protected individual; or

(3) goes to or near the residence or place of employment or business of a protected individual.

SECTION 11. (a) Chapter 100B, Civil Practice and Remedies Code, as added by this Act, applies only to a cause of action that accrues on or after the effective date of this Act.

(b) The changes in law made by this Act in amending Chapter 7B, Code of Criminal Procedure, apply only to a protective order issued on or after the effective date of this Act. A protective order issued before the effective date of this Act is governed by the law in effect on the date the order was issued, and the former law is continued in effect for that purpose.

(c) A law enforcement officer who, on September 1, 2025, holds a license under Chapter 1701, Occupations Code, shall complete the training required by Section 1701.273, Occupations Code, as added by this Act, not later than September 1, 2027.

(d) As soon as practicable after the effective date of this Act, the Texas Commission on Law Enforcement shall adopt rules to implement the changes in law made by Section 1701.273, Occupations Code, as added by this Act.

(e) The changes in law made by this Act in amending Articles 42.014(a) and (b), Code of Criminal Procedure, and Sections 12.47(a) and 25.071(a), Penal Code, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 12. This Act takes effect September 1, 2025.