88S40029 JRR-F
	By: Guillen	H.B. No. 15

	A BILL TO BE ENTITLED
	AN ACT
	relating to a border crime property damage compensation program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 56C, Code of Criminal
	Procedure, is amended to read as follows:
	CHAPTER 56C. BORDER CRIME [LANDOWNER COMPENSATION FOR] PROPERTY
	DAMAGE COMPENSATION PROGRAM [CAUSED BY CERTAIN CRIMINAL
	ACTIVITIES]
	SECTION 2.  Article 56C.001, Code of Criminal Procedure, is
	amended by amending Subdivision (2) and adding Subdivision (2-a) to
	read as follows:
	(2)  "Border crime" means conduct:
	(A)  constituting an offense under:
	(i)  Subchapter D, Chapter 481, Health and
	Safety Code;
	(ii)  Section 20.05, 20.06, or 38.04, Penal
	Code; or
	(iii)  Chapter 20A, Penal Code; and
	(B)  involving transnational criminal activity.
	(2-a)  "Border region" has the meaning assigned by
	Section 772.0071, Government Code.
	SECTION 3.  The heading to Article 56C.003, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 56C.003.  BORDER CRIME PROPERTY DAMAGE [LANDOWNER]
	COMPENSATION PROGRAM.
	SECTION 4.  Article 56C.003, Code of Criminal Procedure, is
	amended by amending Subsections (a), (c), and (d) and adding
	Subsection (a-1) to read as follows:
	(a)  From the funding sources described by Subsection (a-1)
	[money appropriated for the purpose], the attorney general shall
	establish and administer a program to compensate:
	(1)  landowners who suffer real property damage on
	agricultural land caused by:
	(A) [(1)]  a trespasser as a result of an offense
	under Chapter 28, Penal Code, that was committed in the course of or
	in furtherance of a border crime; or
	(B) [(2)]  a law enforcement response to a
	trespasser who was engaged in a border crime; and
	(2)  persons residing in the border region who suffer
	real or personal property damage caused by a person described by
	Subdivision (1)(A) or (B).
	(a-1)  The attorney general may use money from the following
	sources to establish the program described by Subsection (a):
	(1)  money appropriated, credited, or transferred by
	the legislature for purposes of the program;
	(2)  revenue that the legislature by statute dedicates
	for deposit to the credit of the program;
	(3)  investment earnings and interest earned on money
	held for purposes of administering the program;
	(4)  gifts, grants, and donations received by the state
	for purposes of the program; and
	(5)  proceeds received under Article 59.06(v).
	(c)  The attorney general may not award compensation under
	this article for [real] property damage caused by a trespasser
	[described by Subsection (a)(1)] unless the damage is documented in
	a written report by a law enforcement agency as having occurred in
	connection with a border crime.
	(d)  In awarding compensation under this article for [real]
	property damage caused by a trespasser [described by Subsection
	(a)(1)], the attorney general may not consider the outcome of any
	criminal prosecution arising out of the offense under Chapter 28,
	Penal Code, as a result of which the applicant suffered property
	damage or the applicable offense listed in Article 56C.001(2)(A).
	SECTION 5.  Article 56C.006(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  The program established under Article 56C.003 is a
	payer of last resort for [real] property damage described by that
	article.
	SECTION 6.  Article 59.06(t)(1), Code of Criminal Procedure,
	is amended to read as follows: