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A BILL TO BE ENTITLED
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AN ACT
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relating to a border crime property damage compensation program. |
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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), (c), and (d) and adding |
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Subsection (a-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 who suffer 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) investment earnings and interest earned on money |
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held for purposes of administering the program; |
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(4) gifts, grants, and donations received by the state |
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for purposes of the program; and |
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(5) proceeds received under Article 59.06(v). |
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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 |
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payer 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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