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.