88R12506 SCL-F     By: Guillen H.B. No. 4635       A BILL TO BE ENTITLED   AN ACT   relating to organized crime, racketeering activities, and   collection of unlawful debts; providing a civil penalty; creating   criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 6, Civil Practice and Remedies Code, is   amended by adding Chapter 140B to read as follows:   CHAPTER 140B.  CIVIL REMEDIES AND ENFORCEMENT RELATED TO   RACKETEERING AND UNLAWFUL DEBT COLLECTION   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 140B.001.  DEFINITIONS. In this chapter:                (1)  "Beneficial interest":                      (A)  means the interest of a person:                            (i)  as a beneficiary under a trust   established under the Texas Trust Code (Subtitle B, Title 9,   Property Code) in which the trustee for the trust holds legal or   record title to real property;                            (ii)  as a beneficiary under any other trust   arrangement under which a trustee holds legal or record title to   real property for the benefit of the person; or                            (iii)  under any other form of express   fiduciary arrangement under which any other person holds legal or   record title to real property for the benefit of the person; and                      (B)  does not include the interest of a   shareholder in a corporation or the interest of a partner in either   a general partnership or a limited partnership.                (2)  "Cash or cash proceeds" includes:                      (A)  damages, penalties, or any other monetary   payment;                      (B)  monetary proceeds from property forfeited to   the state under Subchapter C; or                      (C)  any payment made by a defendant by reason of a   decree or settlement in an action filed under Subchapter C.                (3)  "Enterprise" means a legal entity, group of   individuals associated in fact, or a combination of those entities   and individuals.                (4)  "Investigative agency" means the Department of   Public Safety, the attorney general, or a local prosecutor.                (5)  "Local prosecutor" means a district attorney,   criminal district attorney, or county attorney with felony criminal   jurisdiction.                (6)  "Real property" means any real property or any   interest in real property, including any lease of or mortgage on   real property.          Sec. 140B.002.  SPECIAL DOCKETING PROCEDURES.  The attorney   general or local prosecutor may file with the clerk of the district   court in which an action is brought under this chapter a certificate   stating that the case is of special public importance.  The clerk   must immediately furnish a copy of the certificate to the   administrative judge of the district court of the county in which   the action is pending.  On receiving the copy of the certificate,   the administrative judge shall immediately designate a judge to   hear and determine the action.  The designated judge shall promptly   assign the action for hearing, participate in hearings, make   determinations, and cause the action to be expedited.          Sec. 140B.003.  PREVIOUSLY SEIZED ASSETS.  Notwithstanding   any other provision of this chapter, a remedy provided by this   chapter may not be assessed against, and the attorney general may   not claim or pursue in an action brought under this chapter, any   proceeds, contraband, or other property of any kind over which a law   enforcement authority has previously asserted jurisdiction under   Chapter 59, Code of Criminal Procedure, at the time an action under   this chapter was filed.   SUBCHAPTER B.  CIVIL INVESTIGATIVE AUTHORITY          Sec. 140B.051.  AUTHORITY TO INVESTIGATE. If, in connection   with civil enforcement authority provided under Subchapter C, an   investigative agency has reason to believe that a person or   enterprise has engaged in, or is engaging in, conduct constituting   an offense under Section 72.02, 72.03, or 72.04, Penal Code, the   investigative agency may administer oaths, subpoena witnesses or   material, and collect evidence.          Sec. 140B.052.  SUBPOENAS. (a)  A subpoena issued under this   subchapter is confidential until the 120th day after the date of its   issuance.  The subpoenaed person may not disclose the existence of   the subpoena to any person other than the subpoenaed person's   attorney during the 120-day period.          (b)  A subpoena issued under this subchapter must include a   reference to the confidentiality of the subpoena and a notice to the   recipient of the subpoena that disclosure of the existence of the   subpoena to any other person except the subpoenaed person's   attorney is prohibited.          (c)  The investigative agency may apply ex parte to the   district court for the district in which the subpoenaed person   resides, is found, or transacts business for an order directing   that the subpoenaed person not disclose the existence of the   subpoena to any other person except the subpoenaed person's   attorney for an additional period of time for good cause shown by   the investigative agency.          (d)  An order under Subsection (c) shall be served on the   subpoenaed person with the subpoena, and the subpoena must include   a reference to the order and a notice to the recipient of the   subpoena that disclosure of the existence of the subpoena to any   other person in violation of the order may subject the subpoenaed   person to punishment for contempt of court.          (e)  An order under Subsection (c) may be granted by the   court only on a showing:                (1)  of sufficient factual grounds to reasonably   indicate conduct constituting an offense under Section 72.02,   72.03, or 72.04, Penal Code;                (2)  that the documents or testimony sought appear   reasonably calculated to lead to the discovery of admissible   evidence; and                (3)  of facts that reasonably indicate that disclosure   of the subpoena would hamper or impede the investigation or would   result in a flight from prosecution for an offense described by   Subdivision (1).          Sec. 140B.053.  SUBPOENA FOR MATTER OUTSIDE STATE. If a   matter that an investigative agency seeks to obtain by a subpoena   issued under this subchapter is located outside this state, the   subpoenaed person may make that matter available to the   investigative agency or its representative for examination at the   place where the matter is located.  The investigative agency may   designate representatives, including officials of the jurisdiction   in which the matter is located, to inspect the matter on its behalf   and may respond to similar requests from officials of other   jurisdictions.          Sec. 140B.054.  FAILURE TO OBEY SUBPOENA.  On failure of a   person, without lawful excuse, to obey a subpoena issued under this   chapter, and after reasonable notice to that person, an   investigative agency may apply for an order compelling compliance   to:                (1)  the district court in which a civil action for   which the subpoena is issued is pending; or                (2)  if no civil action is pending, the district court   for the judicial district in which the person resides, is found, or   transacts business.          Sec. 140B.055.  USE OF TESTIMONY OR MATERIAL SUBJECT TO   SELF-INCRIMINATION PRIVILEGE.  Except in a prosecution for perjury,   an individual who complies with a court order to provide testimony   or material after asserting a privilege against self-incrimination   to which the individual is entitled by law may not have the   testimony or material so provided, or evidence derived from the   testimony or material, received against the individual in any   criminal investigation or proceeding.          Sec. 140B.056.  CONTEMPT OF COURT. A person who fails to   obey a court order entered under this subchapter may be punished for   contempt of court.          Sec. 140B.057.  PROTECTIVE ORDERS. The investigative agency   may stipulate to protective orders with respect to documents and   information submitted in response to a subpoena issued under this   subchapter.          Sec. 140B.058.  CONFIDENTIAL INFORMATION. (a)  Information   held by an investigative agency related to an investigation of   conduct constituting an offense under Section 72.02, 72.03, or   72.04, Penal Code, is confidential and exempt from disclosure under   Chapter 552, Government Code.          (b)  Information made confidential and exempt under   Subsection (a) may be disclosed by an investigative agency to:                (1)  a governmental entity in the performance of its   official duties; or                (2)  a court or tribunal.          (c)  Information made confidential and exempt under   Subsection (a) is no longer confidential and exempt once all   investigations to which the information pertains are completed,   unless the information is otherwise protected by law.          (d)  For purposes of this section, an investigation is   considered complete once the investigative agency either files an   action or closes its investigation without filing an action.   SUBCHAPTER C.  CIVIL REMEDIES          Sec. 140B.101.  CIVIL REMEDIES.  A district court may, after   making due provision for the rights of innocent persons, enjoin   conduct constituting an offense under Section 72.02, 72.03, or   72.04, Penal Code, by issuing appropriate orders and judgments,   including:                (1)  ordering a defendant to divest of any interest in   any enterprise, including real property;                (2)  imposing reasonable restrictions on the future   activities or investments of a defendant, including prohibiting a   defendant from engaging in the same type of endeavor as the   enterprise in which the defendant was engaged in conduct   constituting an offense under Section 72.02, 72.03, or 72.04, Penal   Code;                (3)  ordering the dissolution or reorganization of an   enterprise;                (4)  ordering the suspension or revocation of a   license, permit, or approval previously granted to an enterprise by   any state agency; or                (5)  ordering the forfeiture of the charter of a   corporation organized under the laws of this state, or the   revocation of a certificate allowing a foreign corporation to   conduct business within this state, on finding that:                      (A)  the board of directors or a managerial agent   acting on behalf of the corporation, in conducting the affairs of   the corporation, has authorized or engaged in conduct constituting   an offense under Section 72.02, 72.03, or 72.04, Penal Code; and                      (B)  for the prevention of future criminal   activity, the public interest requires the charter of the   corporation forfeited and the corporation dissolved or the   certificate revoked.          Sec. 140B.102.  CIVIL FORFEITURE OF PROPERTY. (a)  All   property, real or personal, including money, used in the course of,   intended for use in the course of, derived from, or realized through   conduct constituting an offense under Section 72.02, 72.03, or   72.04, Penal Code, is subject to civil forfeiture to the state.          (b)  An investigative agency, on behalf of this state, may   bring a civil action for forfeiture:                (1)  in the district court for the judicial district in   which real or personal tangible property described by Subsection   (a) is located; and                (2)  in a district court in this state regarding   intangible property described by Subsection (a).          (c)  On entry of a final judgment of forfeiture in favor of   the state, the title of the state to the forfeited property shall   relate back:                (1)  in the case of real property or a beneficial   interest:                      (A)  to the date of filing of a lien notice under   Chapter 68, Property Code, in the official records of the county   where the real property or beneficial trust is located;                      (B)  if no lien notice is filed, to the date of the   filing of any notice of lis pendens under Section 68.056(a),   Property Code, in the official records of the county where the real   property or beneficial interest is located; or                      (C)  if no lien notice or notice of lis pendens is   filed, to the date of recording of the final judgment of forfeiture   in the official records of the county where the real property or   beneficial interest is located; or                (2)  in the case of personal property, to the date the   personal property was seized by the investigative agency.          (d)  For purposes of this section, a beneficial interest is   considered to be located where real property owned by the trustee is   located.          Sec. 140B.103.  CONVEYANCE OF PROPERTY SUBJECT TO   FORFEITURE. (a)  If property subject to forfeiture is conveyed,   alienated, disposed of, diminished in value, or otherwise rendered   unavailable for forfeiture, the investigative agency may, on behalf   of the state, bring an action in any district court against the   person named in the lien notice under Chapter 68, Property Code, or   the defendant in the relevant civil action or criminal proceeding.     If a civil action is pending, the action shall be filed only in the   court where the civil action is pending.          (b)  The court in an action brought under Subsection (a)   shall:                (1)  enter final judgment against the person named in   the lien notice or the defendant in the relevant civil action or   criminal proceeding in an amount equal to:                      (A)  the fair market value of the property; and                      (B)  the investigative costs and attorney fees   incurred by the investigative agency in the action; or                (2)  order the forfeiture of any other property of the   defendant up to the value of the property subject to forfeiture.           Sec. 140B.104.  DISPOSITION OF FORFEITED PROPERTY.  (a)  The   state shall dispose of all forfeited property as soon as   commercially feasible. If property is not exercisable or   transferable for value by the state, the state may destroy or   otherwise dispose of the property.          (b)  All forfeitures or dispositions under this subchapter   shall be made with due provision for the rights of innocent persons.          (c)  The state shall promptly distribute the proceeds   realized from the forfeiture and disposition of property under this   section in accordance with Subchapter D.          Sec. 140B.105.  SEIZURE OF PROPERTY. (a)  Property subject   to forfeiture under this subchapter may be seized by a law   enforcement officer on court process.  Seizure without process may   be made if:                (1)  the seizure is incident to a lawful arrest or   search conducted under a warrant issued under Chapter 18, Code of   Criminal Procedure; or                (2)  the property subject to seizure has been the   subject of a previous judgment in favor of the state in a forfeiture   action brought under this subchapter.          (b)  For a seizure conducted under this section, an   investigative agency shall promptly commence a forfeiture action   under Section 140B.102.          Sec. 140B.106.  STORAGE OF SEIZED PROPERTY PENDING   FORFEITURE ACTION. Property taken or detained under this   subchapter is not subject to replevin but is considered to be in the   custody of the law enforcement officer making the seizure, subject   only to the order of the court.  When property is seized under this   subchapter, pending forfeiture and final disposition, the law   enforcement officer may:                (1)  place the property under seal;                (2)  remove the property to a place designated by a   court; or                (3)  require another agency authorized by law to take   custody of the property and remove it to an appropriate location.          Sec. 140B.107.  CIVIL ACTION BROUGHT BY ATTORNEY GENERAL OR   LOCAL PROSECUTOR. (a)  The office of the attorney general, a   district attorney, or a state agency having jurisdiction over   conduct constituting an offense under Section 72.02, 72.03, or   72.04, Penal Code, may institute civil actions under this   subchapter.           (b)  In an action brought under this subchapter, the district   court shall proceed as soon as practicable to the hearing and   determination. Pending final determination, the district court may   at any time enter injunctions, prohibitions, or restraining orders,   or take actions, including the acceptance of satisfactory   performance bonds, the court considers proper.          Sec. 140B.108.  CIVIL ACTION BROUGHT BY AGGRIEVED PERSON.   (a)  An aggrieved person may bring an action under Section 140B.101.          (b)  In an action brought as described by Subsection (a), a   court shall grant relief in conformity with the principles that   govern the granting of injunctive relief from threatened loss or   damage in other civil cases, except that a showing of special or   irreparable damage to the aggrieved person is not required.          (c)  On the execution of proper bond against damages for an   injunction improvidently granted and a showing of immediate danger   of significant loss or damage, a court may issue a temporary   restraining order and a preliminary injunction in the action before   a final determination on the merits.          Sec. 140B.109.  OTHER CIVIL ACTIONS BROUGHT BY GOVERNMENTAL   CLAIMANTS. (a)  The state, a state agency, or a political   subdivision may bring an action against a person who engages in   conduct constituting an offense under Section 72.02, 72.03, or   72.04, Penal Code, as provided by this section.           (b)  A claimant in an action brought under this section:                (1)  must prove by clear and convincing evidence the   claimant is injured as a result of the conduct that is the basis for   the action;                (2)  may recover:                      (A)  three times the claimant's actual damages;   and                      (B)  reasonable attorney's fees and reasonably   incurred costs of investigation and litigation; and                (3)  may not recover exemplary damages.          (c)  The defendant is entitled to recover reasonable   attorney's fees and court costs in an action brought under this   section on a finding that the claimant raised a claim that was   without substantial factual or legal support.          (d)  Either party may demand a trial by jury in an action   brought under this section.          Sec. 140B.110.  RECOVERY FROM FORFEITED PROPERTY. A   prevailing claimant in an action under this subchapter other than   the state or a political subdivision shall have a right or claim to   forfeited property or proceeds derived from the property superior   to any right or claim the state or political subdivision has in the   same property or proceeds.          Sec. 140B.111.  EFFECT OF FINAL JUDGMENT OR DECREE. A final   judgment or decree rendered in favor of this state in a criminal   proceeding under state law prevents the defendant from asserting in   any subsequent civil action brought under this chapter any matter   as to which that judgment or decree would be an estoppel as between   the parties.          Sec. 140B.112.  OTHER RELIEF AVAILABLE TO ATTORNEY GENERAL.   (a)  The attorney general may bring an action against a person who   engages in conduct constituting an offense under Section 72.02,   72.03, or 72.04, Penal Code, to obtain:                (1)  injunctive relief;                (2)  a civil penalty as provided by this section; and                (3)  reasonable attorney's fees and reasonably incurred   costs of investigation or litigation.          (b)  A defendant in an action brought under this section is   subject to a civil penalty not to exceed:                (1)  $100,000 if the defendant is an individual; or                (2)  $1 million if the defendant is not an individual.          (c)  The attorney general shall deposit a civil penalty   collected under this section to the credit of the general revenue   fund. The attorney general shall deposit attorney's fees and costs   collected under this section into the attorney general law   enforcement account, which may be used to investigate and enforce   this chapter.          (d)  Any party to an action brought under this section may   petition the court for entry of a consent decree or for approval of   a settlement agreement.  The proposed decree or settlement must   specify the alleged violations, the future obligations of the   parties, the relief agreed on, and the reasons for entering into the   consent decree or settlement agreement.          Sec. 140B.113.  INTERVENTION BY ATTORNEY GENERAL. The   attorney general may, on timely application, intervene in a civil   action brought under Section 140B.108 or 140B.109 if the attorney   general certifies that, in the attorney general's opinion, the   action is of general public importance.  In the action, the state is   entitled to the same relief as if the attorney general had   instituted the action.          Sec. 140B.114.  LIMITATIONS; TOLLING. (a)  Notwithstanding   any other law, a person must bring an action under this chapter not   later than the fifth anniversary of the later of:                (1)  the date the conduct that is the basis for the   action terminates; or                (2)  the date the cause of action accrues.           (b)  If an indictment for an offense under Section 72.02,   72.03, or 72.04, Penal Code, is presented or a civil action is   brought, or intervened in, to punish, prevent, or restrain conduct   constituting an offense under Section 72.02, 72.03, or 72.04, Penal   Code, the running of the period of limitations prescribed by this   section with respect to any cause of action arising under Section   140B.108, 140B.109, or 140B.112 that is wholly or partly based on a   matter complained of in the indictment or the pleadings in the   action, as applicable, is suspended during the pendency of the   prosecution or litigation of the action, as applicable, and   extended for two years following its termination.          Sec. 140B.115.  MULTIPLE REMEDIES ALLOWED. The application   of one civil remedy under a provision of this chapter does not   preclude the application of any other remedy, civil or criminal,   under this chapter or any other law.  Civil remedies under this   chapter are supplemental and not mutually exclusive.   SUBCHAPTER D.  DISPOSITION OF FUNDS OBTAINED THROUGH FORFEITURE   ACTIONS          Sec. 140B.151.  INITIAL DISTRIBUTION. (a)  A court entering   a judgment of forfeiture in an action brought under Subchapter C   retains jurisdiction to direct the distribution of any cash or cash   proceeds realized from the forfeiture and disposition of the   property.  The court shall direct the distribution of the funds in   the following order of priority:                (1)  statutory fees to which the clerk of the court may   be entitled;                (2)  claims against the property by persons who have   previously been judicially determined to be innocent persons and   whose interests are preserved from forfeiture by the court and not   otherwise satisfied; and                (3)  subject to Subsection (c), claims for restitution   by victims of the racketeering activity.          (b)  A claim under Subsection (a)(2) may include a claim by a   person appointed by the court as receiver pending litigation.          (c)  If the attorney general brought the forfeiture action,   restitution shall be distributed though the compensation to victims   of crime fund. If the attorney general did not bring the forfeiture   action, restitution shall be distributed by the clerk of the court.          Sec. 140B.152.  DISTRIBUTION OF REMAINING MONEY. (a)     Following satisfaction of all valid claims under Section 140B.151,   the remaining money obtained in the forfeiture proceeding shall be   deposited as follows:                (1)  25 percent into the appropriate trust fund of the   attorney general or local prosecutor's office that filed the civil   forfeiture action as provided by Subsection (c);                (2)  25 percent into the applicable law enforcement   trust fund of the investigative agency that conducted the   investigation that resulted in or significantly contributed to the   forfeiture of the property as provided by Subsection (d); and                (3)  50 percent into the general revenue fund.          (b)  If a forfeiture action is filed by the attorney general   or a local prosecutor, the court entering the judgment of   forfeiture shall, taking into account the overall effort and   contribution to the investigation and forfeiture action by the   agencies that filed the action, make a pro rata apportionment among   those agencies of the money available for distribution to those   agencies as provided by this subchapter.  If multiple investigative   agencies have contributed to the forfeiture of the property, the   court that entered the judgment of forfeiture shall, taking into   account the overall effort and contribution of the agencies to the   investigation and forfeiture action, make a pro rata apportionment   among those investigative agencies of the money available for   distribution to the investigative agencies as provided by this   subchapter.          (c)  If a forfeiture action is filed by the attorney general,   any money obtained by the attorney general under this section shall   be deposited in the same manner described by Article 59.06(k)(3),   Code of Criminal Procedure, and may be expended for the purposes and   in the manner authorized by that section.          (d)  If a forfeiture action is filed by a district or county   attorney, any money obtained by the district or county attorney's   office under this section may be used to pay the costs of   investigations under Subchapter B and the resulting criminal   prosecutions and civil actions. Such costs may include:                (1)  all taxable costs;                (2)  costs of protecting, maintaining, and forfeiting   the property;                (3)  employees' base salaries and compensation for   overtime; and                (4)  other costs that are directly attributable to the   investigation, prosecution, or civil action.          (e)  Any money distributed to an investigative agency under   Subsection (a) shall be deposited in the applicable law enforcement   fund or account established for that agency and expended for the   purposes and in the manner authorized for that fund or account.  In   addition, any money distributed to an investigative agency under   this section may be used to pay the costs of investigations under   Subchapter B and the resulting criminal prosecutions and civil   actions. Such costs may include:                (1)  all taxable costs;                (2)  costs of protecting, maintaining, and forfeiting   the property;                (3)  employees' base salaries and compensation for   overtime; and                (4)  other costs directly attributable to the   investigation, prosecution, or civil action.          Sec. 140B.153.  EFFECT ON SETTLEMENTS. (a)  This subchapter   may not be construed to limit the authority of an entity that files   a forfeiture action under Subchapter C to settle a claim for   forfeiture.          (b)  Any proceeds arising from a settlement or from the sale   of property obtained in a settlement shall be distributed in the   manner described by Sections 140B.151 and 140B.152.          Sec. 140B.154.  TEMPORARY DEPOSIT IN COURT REGISTRY.   Pending the final distribution of the cash or cash proceeds under   this subchapter, the court may authorize the cash or cash proceeds   to be deposited in the court registry or in a qualified public   depository.          SECTION 2.  Article 12.01, Code of Criminal Procedure, is   amended to read as follows:          Art. 12.01.  FELONIES.  Except as provided in Articles   12.015 and [Article] 12.03, felony indictments may be presented   within these limits, and not afterward:                (1)  no limitation:                      (A)  murder and manslaughter;                      (B)  sexual assault under Section 22.011(a)(2),   Penal Code, or aggravated sexual assault under Section   22.021(a)(1)(B), Penal Code;                      (C)  sexual assault, if:                            (i)  during the investigation of the offense   biological matter is collected and the matter:                                  (a)  has not yet been subjected to   forensic DNA testing; or                                  (b)  has been subjected to forensic DNA   testing and the testing results show that the matter does not match   the victim or any other person whose identity is readily   ascertained; or                            (ii)  probable cause exists to believe that   the defendant has committed the same or a similar sex offense   against five or more victims;                      (D)  continuous sexual abuse of young child or   disabled individual under Section 21.02, Penal Code;                      (E)  indecency with a child under Section 21.11,   Penal Code;                      (F)  an offense involving leaving the scene of an   accident under Section 550.021, Transportation Code, if the   accident resulted in the death of a person;                      (G)  trafficking of persons under Section   20A.02(a)(7) or (8), Penal Code;                      (H)  continuous trafficking of persons under   Section 20A.03, Penal Code; or                      (I)  compelling prostitution under Section   43.05(a)(2), Penal Code;                (2)  ten years from the date of the commission of the   offense:                      (A)  theft of any estate, real, personal or mixed,   by an executor, administrator, guardian or trustee, with intent to   defraud any creditor, heir, legatee, ward, distributee,   beneficiary or settlor of a trust interested in such estate;                      (B)  theft by a public servant of government   property over which the public servant exercises control in the   public servant's official capacity;                      (C)  forgery or the uttering, using, or passing of   forged instruments;                      (D)  injury to an elderly or disabled individual   punishable as a felony of the first degree under Section 22.04,   Penal Code;                      (E)  sexual assault, except as provided by   Subdivision (1) or (7);                      (F)  arson;                      (G)  trafficking of persons under Section   20A.02(a)(1), (2), (3), or (4), Penal Code; or                      (H)  compelling prostitution under Section   43.05(a)(1), Penal Code;                (3)  seven years from the date of the commission of the   offense:                      (A)  misapplication of fiduciary property or   property of a financial institution;                      (B)  fraudulent securing of document execution;                      (C)  a felony violation under Chapter 162, Tax   Code;                      (D)  false statement to obtain property or credit   under Section 32.32, Penal Code;                      (E)  money laundering;                      (F)  credit card or debit card abuse under Section   32.31, Penal Code;                      (G)  fraudulent use or possession of identifying   information under Section 32.51, Penal Code;                      (H)  exploitation of a child, elderly individual,   or disabled individual under Section 32.53, Penal Code;                      (I)  health care fraud under Section 35A.02, Penal   Code; or                      (J)  bigamy under Section 25.01, Penal Code,   except as provided by Subdivision (6);                (4)  five years from the date of the commission of the   offense:                      (A)  theft or robbery;                      (B)  except as provided by Subdivision (5),   kidnapping or burglary;                      (C)  injury to an elderly or disabled individual   that is not punishable as a felony of the first degree under Section   22.04, Penal Code;                      (D)  abandoning or endangering a child; or                      (E)  insurance fraud;                (5)  if the investigation of the offense shows that the   victim is younger than 17 years of age at the time the offense is   committed, 20 years from the 18th birthday of the victim of one of   the following offenses:                      (A)  sexual performance by a child under Section   43.25, Penal Code;                      (B)  aggravated kidnapping under Section   20.04(a)(4), Penal Code, if the defendant committed the offense   with the intent to violate or abuse the victim sexually; or                      (C)  burglary under Section 30.02, Penal Code, if   the offense is punishable under Subsection (d) of that section and   the defendant committed the offense with the intent to commit an   offense described by Subdivision (1)(B) or (D) of this article or   Paragraph (B) of this subdivision;                (6)  ten years from the 18th birthday of the victim of   the offense:                      (A)  trafficking of persons under Section   20A.02(a)(5) or (6), Penal Code;                      (B)  injury to a child under Section 22.04, Penal   Code; or                      (C)  bigamy under Section 25.01, Penal Code, if   the investigation of the offense shows that the person, other than   the legal spouse of the defendant, whom the defendant marries or   purports to marry or with whom the defendant lives under the   appearance of being married is younger than 18 years of age at the   time the offense is committed;                (7)  two years from the date the offense was   discovered:  sexual assault punishable as a state jail felony under   Section 22.011(f)(2), Penal Code; or                (8)  three years from the date of the commission of the   offense:  all other felonies.          SECTION 3.  Chapter 12, Code of Criminal Procedure, is   amended by adding Article 12.015 to read as follows:          Art. 12.015.  RACKETEERING AND UNLAWFUL DEBT COLLECTION.     (a)  Except as provided by Subsection (b), a felony indictment for   an offense under Section 72.02, 72.03, or 72.04, Penal Code, must be   presented not later than five years from the date of the commission   of the offense.          (b)  If the attorney general or a local prosecutor, as   defined by Section 140B.001, Civil Practice and Remedies Code,   brings an action in the name of the state under Chapter 140B, Civil   Practice and Remedies Code, during the limitations period described   by Subsection (a), that limitations period is suspended while the   attorney general's or local prosecutor's action is pending.  If a   limitations period is suspended under this subsection, the   limitations period is extended for two years.          SECTION 4.  Section 71.01(d), Penal Code, is amended to read   as follows:          (d)  "Criminal street gang" means two [three] or more persons   having a common identifying sign or symbol or an identifiable   leadership who continuously or regularly associate in the   commission of criminal activities.          SECTION 5.  Section 71.02(a), Penal Code, is amended to read   as follows:          (a)  A person commits an offense if, with the intent to   establish, maintain, or participate in a combination or in the   profits of a combination or as a member of a criminal street gang,   the person commits or conspires to commit one or more of the   following:                (1)  murder, capital murder, arson, aggravated   robbery, robbery, burglary, theft, aggravated kidnapping,   kidnapping, aggravated assault, aggravated sexual assault, sexual   assault, continuous sexual abuse of young child or disabled   individual, solicitation of a minor, forgery, deadly conduct,   assault punishable as a Class A misdemeanor, burglary of a motor   vehicle, or unauthorized use of a motor vehicle;                (2)  any gambling offense punishable as a Class A   misdemeanor;                (3)  promotion of prostitution, aggravated promotion   of prostitution, or compelling prostitution;                (4)  unlawful manufacture, transportation, repair, or   sale of firearms or prohibited weapons;                (5)  unlawful manufacture, delivery, dispensation, or   distribution of a controlled substance or dangerous drug, or   unlawful possession of a controlled substance or dangerous drug   through forgery, fraud, misrepresentation, or deception;                (5-a) causing the unlawful delivery, dispensation, or   distribution of a controlled substance or dangerous drug in   violation of Subtitle B, Title 3, Occupations Code;                (5-b) any unlawful possession with intent to deliver a   controlled substance or dangerous drug;                (6)  any unlawful wholesale promotion or possession of   any obscene material or obscene device with the intent to wholesale   promote the same;                (7)  any offense under Subchapter B, Chapter 43,   depicting or involving conduct by or directed toward a child   younger than 18 years of age;                (8)  any felony offense under Chapter 32;                (9)  any offense under Chapter 36;                (10)  any offense under Chapter 34, 35, or 35A;                (11)  any offense under Section 37.11(a);                (12)  any offense under Chapter 20A;                (13)  any offense under Section 37.10;                (14)  any offense under Section 38.06, 38.07, 38.09, or   38.11;                (15)  any offense under Section 42.10;                (16)  any offense under Section 46.06(a)(1) or 46.14;                (17)  any offense under Section 20.05 or 20.06;                (18)  any offense under Section 16.02; or                (19)  any offense classified as a felony under the Tax   Code.          SECTION 6.  Title 11, Penal Code, is amended by adding   Chapter 72 to read as follows:   CHAPTER 72.  RACKETEERING AND UNLAWFUL DEBT COLLECTION          Sec. 72.01.  DEFINITIONS. In this chapter:                (1)  "Enterprise" has the meaning assigned by Section   140B.001, Civil Practice and Remedies Code.                (2)  "Pattern of racketeering" means engaging in at   least two incidents of racketeering conduct that have the same or   similar intents, results, accomplices, victims, or methods of   commission or that otherwise are interrelated by distinguishing   characteristics and are not isolated incidents, the last of which   occurred not later than the fifth anniversary of the date of a   previous incident of racketeering conduct.                (3)  "Pecuniary value" means:                      (A)  anything of value in the form of money, a   negotiable instrument, or a commercial interest or anything else   the primary significance of which is economic advantage; or                      (B)  any other property or service that has a   value in excess of $100.                (4)  "Racketeering" means to commit, to attempt to   commit, to conspire to commit, or to solicit, coerce, or intimidate   another person to commit:                      (A)  a felony offense under The Securities Act   (Title 12, Government Code);                      (B)  an offense under Chapter 20A (trafficking of   persons);                      (C)  a felony offense under Chapter 37 (perjury   and other falsification);                      (D)  an offense under Section 38.03 (resisting   arrest, search, or transportation);                      (E)  an offense under Section 38.05 (hindering   apprehension or prosecution); or                      (F)  an offense under Section 71.02 (engaging in   organized criminal activity).                (5)  "Real property" has the meaning assigned by   Section 140B.001, Civil Practice and Remedies Code.                (6)  "Unlawful debt" means any money or other thing of   value constituting principal or interest of a debt that is wholly or   partly legally unenforceable in this state because the debt was   incurred or contracted:                      (A)  in violation of:                            (i)  the Texas Racing Act (Subtitle A-1,   Title 13, Occupations Code, and Article 179e, Revised Civil   Statutes);                            (ii)  Subtitle A, Title 4, Finance Code, or   Section 11, Article 16, Texas Constitution, relating to interest   and usury; or                            (iii)  Chapter 47, relating to gambling; or                      (B)  in gambling activity in violation of federal   law or in the business of lending money at a rate usurious under   state or federal law.          Sec. 72.02.  USE OF PROCEEDS DERIVED FROM RACKETEERING OR   UNLAWFUL DEBT COLLECTION. (a)  A person commits an offense if the   person intentionally uses or invests, whether directly or   indirectly, any part of any proceeds knowingly derived, directly or   indirectly, from a pattern of racketeering or through the   collection of an unlawful debt, or the proceeds derived from the   investment or use of those proceeds, in acquiring title to, or any   right, interest, or equity in, real property or in the   establishment or operation of any enterprise.          (b)  An offense under this section is a felony of the second   degree.          Sec. 72.03.  ACQUISITION OF INTEREST IN PROPERTY OR CONTROL   OF ENTERPRISE THROUGH RACKETEERING OR UNLAWFUL DEBT COLLECTION.     (a)  A person commits an offense if the person, knowingly through a   pattern of racketeering or through the collection of an unlawful   debt, acquires or maintains, directly or indirectly, any interest   in or control of any enterprise or real property.          (b)  An offense under this section is a felony of the second   degree.          Sec. 72.04.  PARTICIPATION IN ENTERPRISE THROUGH   RACKETEERING OR UNLAWFUL DEBT COLLECTION. (a)  A person commits an   offense if the person is employed by or associated with an   enterprise and knowingly conducts or participates, directly or   indirectly, in that enterprise through a pattern of racketeering or   the collection of an unlawful debt.          (b)  An offense under this section is a felony of the second   degree.          Sec. 72.05.  ALTERNATIVE FINE. Notwithstanding any other   law, a court, after a hearing, may impose a fine, instead of an   otherwise applicable fine, on a person convicted of an offense   under Section 72.02, 72.03, or 72.04, through which the person   derived pecuniary value or by which the person caused personal   injury, property damage, or other loss, that does not exceed:                (1)  the greater of:                      (A)  three times the gross value gained as a   result of the offense; or                      (B)  three times the gross loss caused as a result   of the offense; and                (2)  the amount of the court costs and the reasonably   incurred costs of investigation and prosecution.          SECTION 7.  Subtitle B, Title 5, Property Code, is amended by   adding Chapter 68 to read as follows:   CHAPTER 68.  RICO LIENS   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 68.001.  DEFINITIONS. In this chapter:                (1)  "Beneficial interest," "investigative agency,"   "local prosecutor," and "real property" have the meanings assigned   by Section 140B.001, Civil Practice and Remedies Code.                (2)  "RICO lien notice" means a lien notice filed under   Section 68.051 or 68.052.                (3)  "Trustee":                      (A)  means:                            (i)  a person acting as trustee under a trust   established under the Texas Trust Code (Subtitle B, Title 9,   Property Code) in which the trustee holds legal or record title to   real property;                            (ii)  a person who holds legal or record   title to real property in which another person has a beneficial   interest; or                            (iii)  a successor trustee to a person   described by Subparagraph (i) or (ii); and                      (B)  does not include a person appointed or acting   as a personal representative as defined by Section 22.031, Estates   Code, or appointed or acting as a trustee of a testamentary trust or   as a trustee of an indenture of trust under which any bonds have   been or are to be issued.   SUBCHAPTER B.  RICO LIEN NOTICE          Sec. 68.051.  GENERAL RICO LIEN NOTICE. (a)  On the   institution of a civil action, the investigative agency, then or at   any time during the pendency of the action, may file a RICO lien   notice in the official records of any one or more counties.          (b)  A filing fee or other charge may not be required as a   condition for filing the RICO lien notice, and the clerk of the   district court, on the presentation of a RICO lien notice, shall   immediately record it in the official records.          Sec. 68.052.  ATTORNEY GENERAL OR LOCAL PROSECUTOR RICO LIEN   NOTICE. (a)  In addition to the authority to file a RICO lien notice   under Section 68.051, the attorney general or a local prosecutor   may apply ex parte to a district court and, on petition supported by   sworn affidavit, obtain an order authorizing the filing of a RICO   lien notice against real property on a showing of probable cause to   believe that the property was used in the course of, intended for   use in the course of, derived from, or realized through conduct   constituting an offense under Section 72.02, 72.03, or 72.04, Penal   Code.          (b)  If the RICO lien notice authorization is granted, the   attorney general or local prosecutor shall, after filing the   notice, immediately provide notice to the owner of the property by:                (1)  serving the notice in the manner provided by law   for the service of process;                (2)  mailing the notice, postage prepaid, by certified   mail to the owner at the owner's last known address and obtaining   evidence of the delivery; or                (3)  if service by a method described by Subdivision   (1) or (2) cannot be accomplished, posting the notice on the   premises.          (c)  The owner of the property may move the court to   discharge the lien, and that motion shall be set for hearing at the   earliest possible time.          (d)  The court shall discharge the lien if the court finds   that:                (1)  there is no probable cause to believe that the   property was used in the course of, intended for use in the course   of, derived from, or realized through conduct constituting an   offense under Section 72.02, 72.03, or 72.04, Penal Code; or                (2)  the owner of the property neither knew nor   reasonably should have known that the property was used in the   course of, intended for use in the course of, derived from, or   realized through conduct constituting an offense under Section   72.02, 72.03, or 72.04, Penal Code.          (e)  Testimony presented by the property owner at the   hearing:                (1)  is not admissible against the property owner in   any criminal proceeding except in a criminal prosecution for   perjury or false statement; and                (2)  does not constitute a waiver of the property   owner's constitutional right against self-incrimination.          (f)  Except as provided by Subsection (g), a RICO lien notice   secured under this section is valid for a period of 90 days from the   date the court granted authorization and may be extended for an   additional 90 days by the court for good cause shown.          (g)  If a civil action is instituted under Chapter 140B,   Civil Practice and Remedies Code, and a RICO lien notice is filed   under this subchapter, the term of the lien notice is governed by   this subchapter.          (h)  The filing of a RICO lien notice, regardless of whether   subsequently discharged or otherwise lifted, constitutes notice to   the owner and knowledge by the owner that the property was used in   the course of, intended for use in the course of, derived from, or   realized through conduct constituting an offense under Section   72.02, 72.03, or 72.04, Penal Code, such that lack of such notice   and knowledge is not a defense in any subsequent civil action under   Chapter 140B, Civil Practice and Remedies Code, or a subsequent   criminal proceeding under Chapter 72, Penal Code.          Sec. 68.053.  FORMAT OF NOTICE. (a)  A RICO lien notice must   be signed by the attorney general or the attorney general's   designee or by a local prosecutor or the local prosecutor's   designee.          (b)  A RICO lien notice must be in the form prescribed by the   attorney general and must include:                (1)  the name of the person against whom a civil action   has been brought under Chapter 140B, Civil Practice and Remedies   Code, and at the discretion of the investigative agency may also   include any other aliases, names, or fictitious names under which   the person may be known and any corporation, partnership, or other   entity that is either controlled or entirely owned by the person;                (2)  if known to the investigative agency, the current   residence and business addresses of the person named in the notice   and of the other names included in the notice;                (3)  a reference to an applicable civil action,   stating:                      (A)  that an action under Chapter 140B, Civil   Practice and Remedies Code, has been brought against the person   named in the notice;                      (B)  the name of each county in which the action   has been brought; and                      (C)  if known to the investigative agency at the   time of filing the notice, the cause number of the action;                (4)  a statement that the notice is being filed under   this chapter; and                (5)  the name and address of the investigative agency   filing the notice and the name of the individual signing the notice.          (c)  A RICO lien notice must apply only to one person and, to   the extent applicable, any other aliases, names, or fictitious   names of that person, including the names of corporations,   partnerships, or other entities, to the extent permitted by   Subsection (b)(1).  A separate notice must be filed for each person   against whom the investigative agency desires to file a RICO lien   notice under this subchapter.          Sec. 68.054.  SERVICE OF NOTICE. (a)  An investigative   agency shall, as soon as practicable after the filing of each RICO   lien notice, provide to the person named in the notice:                (1)  a copy of the recorded notice; or                (2)  a copy of the notice that states each county in   which the notice has been recorded.          (b)  The failure of the investigative agency to provide a   copy of a RICO lien notice under this section does not invalidate or   otherwise affect the notice.          Sec. 68.055.  CREATION AND PRIORITY OF RICO LIEN. (a)     Filing a RICO lien notice creates, from the time of its filing, a   lien in favor of the state on the following property of the person   named in the notice and against any other names set forth in the   notice:                (1)  any real property situated in the county where the   notice is filed then or thereafter owned by the person or under any   of the names; and                (2)  any beneficial interest situated in the county   where the notice is filed then or thereafter owned by the person or   under any of the names.          (b)  The lien shall commence and attach as of the time of   filing of a RICO lien notice and shall continue thereafter until   expiration, termination, or release of the notice under this   subchapter.  The lien created in favor of the state is superior to   the interest of any other person in the real property or beneficial   interest if the interest is acquired subsequent to the filing of the   notice.          (c)  For purposes of this section, a beneficial interest is   considered to be located where real property owned by the trustee is   located.          Sec. 68.056.  LIS PENDENS; INTERESTS OF PERSONS ACQUIRING   INTEREST IN PROPERTY. (a)  In conjunction with a civil action   brought under Chapter 140B, Civil Practice and Remedies Code, an   investigative agency may file without prior court order in any   county a notice of lis pendens under Section 12.007.  In such case,   a person acquiring an interest in the subject real property or   beneficial interest, if the real property or beneficial interest is   acquired subsequent to the filing of the notice of lis pendens,   shall take the interest subject to the civil action and any   subsequent judgment of forfeiture.          (b)  In conjunction with a civil action brought under Chapter   140B, Civil Practice and Remedies Code, if a RICO lien notice has   been filed, an investigative agency may name as a defendant, in   addition to the person named in the notice, any person acquiring an   interest in the real property or beneficial interest subsequent to   the filing of the notice.  If a judgment of forfeiture is entered in   the action in favor of the state, the interest of any person in the   property that was acquired subsequent to the filing of the notice   shall be subject to the notice and judgment of forfeiture.          Sec. 68.057.  DUTIES OF TRUSTEE; CRIMINAL OFFENSE. (a)  A   trustee who acquires actual knowledge that a RICO lien notice or a   civil action brought under Chapter 140B, Civil Practice and   Remedies Code, or criminal proceeding brought under Chapter 72,   Penal Code, has been filed against a person for whom the trustee   holds legal or record title to real property shall immediately   furnish to the appropriate investigative agency:                (1)  the name and address of the person, as known to the   trustee;                (2)  the name and address, as known to the trustee, of   each other person for whose benefit the trustee holds title to the   real property; and                (3)  if requested by the investigative agency, a copy   of the trust agreement or other instrument under which the trustee   holds legal or record title to the real property.          (b)  A trustee who violates this section commits an offense.   An offense under this subsection is a Class B misdemeanor.           Sec. 68.058.  LIABILITY OF TRUSTEE FOR CONVEYANCE OF TITLE.   (a)  A trustee who conveys title to real property for which, at the   time of the conveyance, a RICO lien notice naming a person who, to   the actual knowledge of the trustee, holds a beneficial interest in   the trust has been filed in the county where the real property is   situated is liable to the state for the greatest of:                (1)  the amount of proceeds received directly by the   person named in the notice as a result of the conveyance;                (2)  the amount of proceeds received by the trustee as a   result of the conveyance and distributed to the person named in the   notice; or                (3)  the fair market value of the interest of the person   named in the notice in the real property conveyed.          (b)  Notwithstanding Subsection (a)(3), if a trustee conveys   the real property and holds the proceeds that would otherwise be   paid or distributed to the beneficiary or at the direction of the   beneficiary or the beneficiary's designee, the trustee's liability   does not exceed the amount of the proceeds held for so long as the   proceeds are held by the trustee.          (c)  An investigative agency may bring a civil action in any   district court against a trustee to recover from the trustee the   amount described by Subsection (a) and is entitled to recover   investigative costs and attorney's fees incurred by the   investigative agency.          Sec. 68.059.  EFFECT ON TRUST OF RICO LIEN NOTICE. (a)  The   filing of a RICO lien notice does not constitute a lien on the   record title to real property as owned by a trustee except to the   extent that the trustee is named in the notice.           (b)  The filing of a RICO lien notice does not affect the use   to which real property or a beneficial interest owned by the person   named in the notice may be put or the right of the person to receive   any avails, rents, or other proceeds resulting from the use and   ownership, but not the sale, of the property until a judgment of   forfeiture is entered.          Sec. 68.060.  TRUST EXCEPTIONS. (a)  This chapter does not   apply to a conveyance by a trustee under a court order, unless that   court order is entered in an action between the trustee and the   beneficiary.          (b)  Unless the trustee has actual knowledge that a person   owning a beneficial interest in the trust is named in a RICO lien   notice or is otherwise a defendant in a civil action brought under   Chapter 140B, Civil Practice and Remedies Code, this subchapter   does not apply to a conveyance by the trustee:                (1)  required under the terms of the trust agreement   that is a matter of public record before the filing of the lien   notice; or                (2)  to all of the persons who own beneficial interests   in the trust.          Sec. 68.061.  RIGHTS OF INNOCENT PERSONS. All forfeitures   or dispositions under this chapter must be made with due provision   for the rights of innocent persons.          Sec. 68.062.  EXPIRATION, RENEWAL, AND RELEASE OF RICO LIEN   NOTICE. (a)  Unless renewed by the investigative agency, a RICO   lien notice expires on the sixth anniversary of the date it was   filed. If the investigative agency renews the notice, the notice   expires on the sixth anniversary of the date it was renewed. The   investigative agency may renew the notice only once.          (b)  The investigative agency filing a RICO lien notice may   wholly or partly release the notice or may release any specific real   property or beneficial interest from the notice on the   investigative agency's own terms. A release of the notice may be   filed in the official records of any county. A charge or fee may not   be imposed for the filing of the release.          Sec. 68.063.  EFFECT OF CRIMINAL CASE ON RICO LIEN NOTICE.   If a civil action has not been brought by an investigative agency   seeking a forfeiture of any property owned by the person named in   the RICO lien notice, the acquittal in a criminal proceeding   brought under Chapter 72, Penal Code, of the person named in the   notice or the dismissal of the criminal proceeding terminates the   notice and, in such case, the filing of the notice is void.  If the   criminal proceeding has been dismissed or the person named in the   notice has been acquitted in the criminal proceeding, the notice   continues for the duration of a civil action brought under Chapter   140B, Civil Practice and Remedies Code.          Sec. 68.064.  TERMINATION OR RELEASE OF RICO LIEN NOTICE BY   COURT. (a)  If a civil action brought under Chapter 140B, Civil   Practice and Remedies Code, is not pending against a person named in   a RICO lien notice, the person may bring an action in the county   where the notice has been filed against the investigative agency   that filed the notice seeking a release or extinguishment of the   notice.           (b)  In an action brought under this section, the court   shall, on the motion of the person named in the RICO lien notice,   immediately enter an order setting a date for hearing that is not   earlier than the fifth day and not later than the 10th day after the   date the action is filed, and the order and a copy of the complaint   shall be served on the investigative agency not later than the third   day after the date the action is filed.          (c)  At the hearing set under Subsection (b), the court shall   take evidence on the issue of whether any real property or   beneficial interest owned by the person named in the RICO lien   notice is covered by the notice or is otherwise subject to   forfeiture under Chapter 140B, Civil Practice and Remedies Code.          (d)  If, at the hearing under Subsection (b), the person   named in the RICO lien notice shows by a preponderance of the   evidence that the notice is not applicable to the person or that any   real property or beneficial interest owned by the person is not   subject to forfeiture under Chapter 140B, Civil Practice and   Remedies Code, the court shall enter a judgment terminating the   notice or releasing the real property or beneficial interest from   the notice.          (e)  A court shall immediately enter its order releasing from   a RICO lien notice any specific real property or beneficial   interest if a sale of that real property or beneficial interest is   pending and the filing of the notice prevents the sale of the   property or interest. Proceeds resulting from the sale of that real   property or beneficial interest shall be deposited into the   registry of the court, subject to the further order of the court.          (f)  At the hearing under Subsection (b), the court may   release any real property or beneficial interest from the RICO lien   notice, on the posting by the person named in the notice of security   that is equal to the value of the real property or beneficial   interest owned by the person.          (g)  If a civil action brought under Chapter 140B, Civil   Practice and Remedies Code, is pending against a person named in a   RICO lien notice, the court on motion by the person may grant the   relief described by this section.          SECTION 8.  (a) Chapter 140B, 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)  Sections 71.01 and 71.02, Penal Code, as amended by this   Act, 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 when 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 9.  This Act takes effect September 1, 2023.