By: Guillen, et al. (Senate Sponsor - Birdwell) H.B. No. 7          (In the Senate - Received from the House May 11, 2023;   May 11, 2023, read first time and referred to Committee on Border   Security; May 19, 2023, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 3, Nays 2;   May 19, 2023, sent to printer.)Click here to see the committee vote                   COMMITTEE VOTE              YeaNayAbsent PNVBirdwell       X              Flores         X              Blanco            X           Hinojosa          X           King           X              COMMITTEE SUBSTITUTE FOR H.B. No. 7 By:  Birdwell     A BILL TO BE ENTITLED   AN ACT     relating to measures to address public safety threats in this state   presented by transnational criminal activity, including by   establishing a Texas Border Force, and to compensate persons   affected by those threats; increasing criminal penalties; creating   criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  TEXAS BORDER FORCE; DEPARTMENT OF PUBLIC SAFETY BORDER   SECURITY FUNCTIONS          SECTION 1.01.  Section 411.0043, Government Code, is amended   by amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  The commission shall implement a policy requiring the   department to use appropriate technological solutions to improve   the department's ability to perform its functions. The policy must   ensure that:                (1)  the public is able to interact with the department   on the Internet; and                (2)  the department's capability to conduct border   security operations and similar functions is not impeded by the use   of obsolete or outdated technologies.          (c)  The department shall periodically review emerging   technologies that may be deployed for border security operations,   including technologies and equipment described by Section   411.0285, to ensure the department consistently adopts innovative   technologies and solutions for those operations.           SECTION 1.02.  Chapter 411, Government Code, is amended by   adding Subchapter B-2 to read as follows:   SUBCHAPTER B-2.  TEXAS BORDER FORCE          Sec. 411.0281.  DEFINITION. In this subchapter, "border   force" means the Texas Border Force established under this   subchapter.          Sec. 411.0282.  TEXAS BORDER FORCE; CHIEF. (a) The Texas   Border Force is established in the Texas Rangers division of the   department.           (b)  The chief of the Texas Rangers is the chief of the border   force.          Sec. 411.0283.  BORDER OPERATIONS. The border force may   conduct border security operations along the Texas-Mexico border,   including:                 (1)  law enforcement operations;                (2)  intelligence gathering, analysis, and   dissemination;                (3)  coordination and command of state agencies   conducting border security operations;                (4)  surveillance and detection of criminal activity,   including improper entry of individuals from foreign nations and   the smuggling of individuals and controlled substances, using   cameras, unmanned aircraft, and other technologies;                (5)  interdiction of individuals committing criminal   activity described by Subdivision (4);                (6)  coordination of local, state, and federal agencies   conducting border security operations, including tactical   operations such as special response teams, brush teams, and special   weapons and tactics teams; and                (7)  training and education programs for the   professional development of employees and agency partners carrying   out border security operations.          Sec. 411.0284.  ASSIGNMENT OF TEXAS MILITARY FORCES SERVICE   MEMBERS. (a)  In this section, "Texas military forces" has the   meaning assigned by Section 437.001.          (b)  The department, at the request of the chief of the   border force, may enter into a written agreement with the Texas   Military Department for the assignment of service members of the   Texas military forces to the border force.  The agreement may   provide for reimbursement by the department for hiring, training,   salary, and employee benefit costs incurred by the Texas military   forces in connection with service members assigned to the border   force.          Sec. 411.0285.  PURCHASE AND DEPLOYMENT OF CERTAIN   TECHNOLOGY AND EQUIPMENT. (a)  The department, at the request of   the chief of the border force, shall purchase and deploy technology   and equipment to enhance the border force's ability to detect and   suppress criminal activity along the Texas-Mexico border,   including:                (1)  stacked razor wire barriers;                (2)  buoy barriers; and                (3)  surveillance and detection technology to be   deployed at and near each port of entry along the Texas-Mexico   border to detect and deter the improper entry of individuals from   foreign nations and the smuggling of individuals and controlled   substances, such as fentanyl, cocaine, heroin, and   methamphetamine.           (b)  The surveillance and detection technology described by   Subsection (a)(3) may be used to inspect passenger and commercial   vehicles passing through a port of entry or traveling in any   direction within 30 miles of a port of entry.          (c)  The department shall employ a sufficient number of   commercial vehicle inspectors to inspect vehicles using technology   described by Subsection (a)(3).          Sec. 411.0286.  HIRING OFFICERS WITH PREVIOUS BORDER PATROL   EXPERIENCE. Notwithstanding any other provision of law, the   department may, at the time an officer is hired for the border   force, elect to credit up to four years of experience as a Border   Patrol Agent of the United States Customs and Border Protection for   the purpose of calculating the officer's salary under Schedule C.   All officers are subject to a one-year probationary period under   Section 411.007(g) notwithstanding the officer's rank or salary   classification.           Sec. 411.0287.  INCREASED STAFFING; CERTAIN TRAINING.  (a)     The border force may as necessary to conduct border security   operations and ensure the safety of the public along the   Texas-Mexico border:                (1)  recruit, employ, and train officers and other   staff; and                (2)  contract for additional officers and staff to meet   an increased need for border security operations.          (b)  The border force shall expand programs for training   officers to serve as members of a brush team.          Sec. 411.0288.  REPORTS.  At least once each calendar   quarter and at other times determined necessary by the governor or   the chief of the border force, the chief of the border force shall   submit a report to the governor containing information requested by   the governor concerning the border force's operations.          Sec. 411.0289.  NO LIMITATION ON BORDER FORCE AUTHORITY BY   LOCAL GOVERNMENTS. A political subdivision, including a   municipality, county, or special purpose district, may not by any   means limit the jurisdiction or authority of the border force.           SECTION 1.03.  Chapter 820, Government Code, is amended by   adding Subchapter A-1 to read as follows:   SUBCHAPTER A-1. CERTAIN MILITARY SERVICE CREDIT          Sec. 820.021.  CERTAIN MILITARY SERVICE CREDIT WITHOUT   PURCHASE. (a)  A cash balance group member hired by the Department   of Public Safety for the Texas Border Force under Subchapter B-2,   Chapter 411, who served active federal duty in the armed forces of   the United States and obtains a peace officer license issued under   Chapter 1701, Occupations Code, while employed with the border   force may establish military service credit not to exceed six   months in the retirement system for the purposes described by   Subsection (c) by submitting a request to the system in a form and   manner prescribed by the system.          (b)  The retirement system shall grant the military service   credit of a member who submits a request as provided by Subsection   (a) after the system verifies that the member is a cash balance   group member and served the military service required by that   subsection.          (c)  Military service credit established under this section   may be used only to determine whether the cash balance group member   is eligible to retire and receive a cash balance annuity under this   chapter. The service credit does not affect eligibility for any   other purpose, including for purposes of determining eligibility to   participate in the group benefits program established under Chapter   1551, Insurance Code.          SECTION 1.04.  Subchapter C, Chapter 2155, Government Code,   is amended by adding Section 2155.151 to read as follows:          Sec. 2155.151.  CERTAIN PURCHASES BY DEPARTMENT OF PUBLIC   SAFETY. (a) The Department of Public Safety is delegated all   purchasing functions relating to the purchase of technologies and   equipment for use in border security operations, including   technology and equipment described by Section 411.0285, to ensure   the department consistently adopts innovative technologies and   solutions for those operations.          (b)  The Department of Public Safety shall acquire goods and   services under Subsection (a) by any procurement method that   provides the best value to the department. The Department of Public   Safety shall consider the best value standards listed in Section   2155.074.          (c)  At the request of the Department of Public Safety, the   comptroller or the Department of Information Resources, as   appropriate, shall procure goods and services described by   Subsection (a) for the Department of Public Safety. The Department   of Public Safety may use the services of the comptroller or the   Department of Information Resources in procuring goods and services   described by Subsection (a).          SECTION 1.05.  (a)  In reviewing emerging technologies under   Section 411.0043(c), Government Code, as added by this article, the   Department of Public Safety shall hold a technology fair at which   vendors of emerging technology that may be used for conducting   border security operations demonstrate the capabilities of the   products.          (b)  The event required by Subsection (a) of this section   must be held not later than September 1, 2024.   ARTICLE 2.  IMPROPER ENTRY          SECTION 2.01.  Chapter 38, Penal Code, is amended by adding   Section 38.20 to read as follows:          Sec. 38.20.  IMPROPER ENTRY FROM FOREIGN NATION. (a) In   this section, "alien" has the meaning assigned by 8 U.S.C. Section   1101, as that provision existed on January 1, 2023.          (b)  A person who is an alien commits an offense if the   person:                (1)  enters or attempts to enter this state from a   foreign nation at any location other than a lawful point of entry;                (2)  eludes examination or inspection by United States   immigration officers; or                (3)  attempts to enter or obtains entry to this state   from a foreign nation by an intentionally false or misleading   representation or the intentional concealment of a material fact.          (c)  An offense under this section is a Class A misdemeanor,   except that if it is shown on the trial of the offense that the   person has previously been finally convicted of:                (1)  an offense under this section, the offense is a   state jail felony;                (2)  a state jail felony described by Subdivision (1)   or any other felony not listed in Article 42A.054(a), Code of   Criminal Procedure, the offense is a felony of the second degree; or                (3)  a felony listed in Article 42A.054(a), Code of   Criminal Procedure, the offense is a felony of the first degree.          (d)  It is an affirmative defense to prosecution under this   section that:                (1)  the actor has been granted a federal immigration   benefit entitling the actor to:                      (A)  lawful presence in the United States; or                      (B)  asylum under 8 U.S.C. Section 1158;                (2)  the actor's conduct does not constitute a   violation of 8 U.S.C. Section 1325(a); or                (3)  the actor was approved for benefits under the   federal Deferred Action for Childhood Arrivals program between June   15, 2012, and July 16, 2021.          (e)  For purposes of Subsection (d)(1), the following   federal programs do not confer federal immigration benefits   entitling the actor to lawful presence in the United States:                (1)  the Deferred Action for Parents of Americans and   Lawful Permanent Residents; and                (2)  any program not enacted by the United States   Congress that is a successor to or materially similar to the program   described by Subdivision (1) or Subsection (d)(3).          (f)  A court may not abate the prosecution of an offense   under this section on the basis that a federal determination   regarding the immigration status of the actor is pending.          (g)  A law enforcement officer of the Department of Public   Safety who arrests a person for an offense under this section shall,   to the extent feasible, detain the person in a facility established   under Operation Lone Star or a similar border security operation of   this state.   ARTICLE 3.  MINIMUM SENTENCES FOR SMUGGLING OFFENSES          SECTION 3.01.  Section 20.05(b), Penal Code, is amended to   read as follows:          (b)  An offense under this section is a felony of the third   degree with a term of imprisonment of 10 years, except that the   offense is:                (1)  a felony of the second degree with a minimum term   of imprisonment of 10 years if:                      (A)  the actor commits the offense in a manner   that creates a substantial likelihood that the smuggled individual   will suffer serious bodily injury or death;                      (B)  the smuggled individual is a child younger   than 18 years of age at the time of the offense;                      (C)  the offense was committed with the intent to   obtain a pecuniary benefit;                      (D)  during the commission of the offense the   actor, another party to the offense, or an individual assisted,   guided, or directed by the actor knowingly possessed a firearm; or                      (E)  the actor commits the offense under   Subsection (a)(1)(B); or                (2)  a felony of the first degree with a minimum term of   imprisonment of 10 years if:                      (A)  it is shown on the trial of the offense that,   as a direct result of the commission of the offense, the smuggled   individual became a victim of sexual assault, as defined by Section   22.011, or aggravated sexual assault, as defined by Section 22.021;   or                      (B)  the smuggled individual suffered serious   bodily injury or death.          SECTION 3.02.  Sections 20.06(e) and (f), Penal Code, are   amended to read as follows:          (e)  Except as provided by Subsections (f) and (g), an   offense under this section is a felony of the second degree with a   minimum term of imprisonment of 10 years.          (f)  An offense under this section is a felony of the first   degree with a minimum term of imprisonment of 10 years if:                (1)  the conduct constituting an offense under Section   20.05 is conducted in a manner that creates a substantial   likelihood that the smuggled individual will suffer serious bodily   injury or death; or                (2)  the smuggled individual is a child younger than 18   years of age at the time of the offense.          SECTION 3.03.  The changes in law made by this article apply   only to an offense committed on or after the effective date of this   article. An offense committed before the effective date of this   article 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 article if any element of the   offense was committed before that date.   ARTICLE 4.  FOREIGN TERRORIST ORGANIZATIONS          SECTION 4.01.  The heading to Subchapter D, Chapter 125,   Civil Practice and Remedies Code, is amended to read as follows:   SUBCHAPTER D. MEMBERSHIP IN CRIMINAL STREET GANG OR FOREIGN   TERRORIST ORGANIZATION          SECTION 4.02.  Sections 125.061(1) and (3), Civil Practice   and Remedies Code, are amended to read as follows:                (1)  "Combination," [and] "criminal street gang," and   "foreign terrorist organization" have the meanings assigned by   Section 71.01, Penal Code.                (3)  "Gang activity" means the following types of   conduct:                      (A)  organized criminal activity as described by   Section 71.02, Penal Code;                      (B)  terroristic threat as described by Section   22.07, Penal Code;                      (C)  coercing, inducing, or soliciting [, or   inducing gang] membership in a criminal street gang or foreign   terrorist organization as described by Section 71.022(a) or (a-1),   Penal Code;                      (D)  criminal trespass as described by Section   30.05, Penal Code;                      (E)  disorderly conduct as described by Section   42.01, Penal Code;                      (F)  criminal mischief as described by Section   28.03, Penal Code, that causes a pecuniary loss of $500 or more;                      (G)  a graffiti offense in violation of Section   28.08, Penal Code;                      (H)  a weapons offense in violation of Chapter 46,   Penal Code; or                      (I)  unlawful possession of a substance or other   item in violation of Chapter 481, Health and Safety Code.          SECTION 4.03.  Section 125.062, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 125.062.  PUBLIC NUISANCE; COMBINATION. A   combination, [or] criminal street gang, or foreign terrorist   organization that continuously or regularly associates in gang   activities is a public nuisance.          SECTION 4.04.  Section 125.063, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 125.063.  PUBLIC NUISANCE; USE OF PLACE. The habitual   use of a place by a combination, [or] criminal street gang, or   foreign terrorist organization for engaging in gang activity is a   public nuisance.          SECTION 4.05.  Section 125.064(b), Civil Practice and   Remedies Code, is amended to read as follows:          (b)  Any person who habitually associates with others to   engage in gang activity as a member of a combination, [or] criminal   street gang, or foreign terrorist organization may be made a   defendant in the suit. Any person who owns or is responsible for   maintaining a place that is habitually used for engaging in gang   activity may be made a defendant in the suit.          SECTION 4.06.  Section 125.065(a), Civil Practice and   Remedies Code, is amended to read as follows:          (a)  If the court finds that a combination, [or] criminal   street gang, or foreign terrorist organization constitutes a public   nuisance, the court may enter an order:                (1)  enjoining a defendant in the suit from engaging in   the gang activities of the combination, [or] criminal street gang,   or foreign terrorist organization; and                (2)  imposing other reasonable requirements to prevent   the combination, [or] criminal street gang, or foreign terrorist   organization from engaging in future gang activities.          SECTION 4.07.  Section 125.069, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 125.069.  USE OF PLACE; EVIDENCE. In an action brought   under this subchapter, proof that gang activity by a member of a   combination, [or] a criminal street gang, or a foreign terrorist   organization is frequently committed at a place or proof that a   place is frequently used for engaging in gang activity by a member   of a combination, [or] a criminal street gang, or a foreign   terrorist organization is prima facie evidence that the proprietor   knowingly permitted the act, unless the act constitutes conspiring   to commit gang activity.          SECTION 4.08.  Sections 125.070(b), (c), and (e), Civil   Practice and Remedies Code, are amended to read as follows:          (b)  A criminal street gang or foreign terrorist   organization  or a member of a criminal street gang or foreign   terrorist organization is liable to the state or a governmental   entity injured by the violation of a temporary or permanent   injunctive order under this subchapter.          (c)  In an action brought against a member of a criminal   street gang or a member of a foreign terrorist organization, the   plaintiff must show that the member violated the temporary or   permanent injunctive order.          (e)  The property of the criminal street gang or foreign   terrorist organization or a member of the criminal street gang or   foreign terrorist organization may be seized in execution on a   judgment under this section.  Property may not be seized under this   subsection if the owner or interest holder of the property proves by   a preponderance of the evidence that the owner or interest holder   was not a member of the criminal street gang or foreign terrorist   organization and did not violate the temporary or permanent   injunctive order.  The owner or interest holder of property that is   in the possession of a criminal street gang or foreign terrorist   organization or a member of the criminal street gang or foreign   terrorist organization and that is subject to execution under this   subsection must show that the property:                (1)  was stolen from the owner or interest holder; or                (2)  was used or intended to be used without the   effective consent of the owner or interest holder by the criminal   street gang or foreign terrorist organization or a member of the   criminal street gang or foreign terrorist organization.          SECTION 4.09.  Article 67.001, Code of Criminal Procedure,   is amended by adding Subdivision (8-a) and amending Subdivision (9)   to read as follows:                (8-a) "Foreign terrorist organization" has the meaning   assigned by Section 71.01, Penal Code.                (9)  "Intelligence database" means a collection or   compilation of data organized for search and retrieval to evaluate,   analyze, disseminate, or use intelligence information relating to a   combination, [or] criminal street gang, or foreign terrorist   organization for the purpose of investigating or prosecuting a   criminal offense.          SECTION 4.10.  Articles 67.051(a) and (b), Code of Criminal   Procedure, are amended to read as follows:          (a)  Subject to Subsection (b), a criminal justice agency or   juvenile justice agency shall compile criminal information into an   intelligence database for the purpose of investigating or   prosecuting the criminal activities of combinations, [or] criminal   street gangs, or foreign terrorist organizations.          (b)  A law enforcement agency in a municipality with a   population of 50,000 or more or in a county with a population of   100,000 or more shall compile and maintain in a local or regional   intelligence database criminal information relating to a criminal   street gang or a foreign terrorist organization as provided by   Subsection (a).  The agency must compile and maintain the   information in accordance with the criminal intelligence systems   operating policies established under 28 C.F.R. Section 23.1 et seq.   and the submission criteria established under Article 67.054(b).          SECTION 4.11.  Article 67.054(b), Code of Criminal   Procedure, is amended to read as follows:          (b)  Criminal information collected under this chapter   relating to a criminal street gang or foreign terrorist   organization must:                (1)  be relevant to the identification of an   organization that is reasonably suspected of involvement in   criminal activity; and                (2)  consist of:                      (A)  a judgment under any law that includes, as a   finding or as an element of a criminal offense, participation in a   criminal street gang or foreign terrorist organization;                      (B)  a self-admission by an individual of   membership in a criminal street gang or foreign terrorist   organization [membership] that is made during a judicial   proceeding; or                      (C)  except as provided by Subsection (c), any two   of the following:                            (i)  a self-admission by the individual of   membership in a criminal street gang or foreign terrorist   organization [membership] that is not made during a judicial   proceeding, including the use of the Internet or other electronic   format or medium to post photographs or other documentation   identifying the individual as a member of a criminal street gang or   foreign terrorist organization;                            (ii)  an identification of the individual as   a member of a criminal street gang or foreign terrorist   organization [member] by a reliable informant or other individual;                            (iii)  a corroborated identification of the   individual as a member of a criminal street gang or foreign   terrorist organization [member] by an informant or other individual   of unknown reliability;                            (iv)  evidence that the individual frequents   a documented area of a criminal street gang or foreign terrorist   organization and associates with known members of a criminal street   gang or foreign terrorist organization [members];                            (v)  evidence that the individual uses, in   more than an incidental manner, criminal street gang or foreign   terrorist organization dress, hand signals, tattoos, or symbols,   including expressions of letters, numbers, words, or marks,   regardless of how or the means by which the symbols are displayed,   that are associated with a criminal street gang or foreign   terrorist organization that operates in an area frequented by the   individual and described by Subparagraph (iv);                            (vi)  evidence that the individual has been   arrested or taken into custody with known members of a criminal   street gang or foreign terrorist organization [members] for an   offense or conduct consistent with [criminal street] gang activity   as defined by Section 125.061, Civil Practice and Remedies Code;                            (vii)  evidence that the individual has   visited a known member of a criminal street gang or foreign   terrorist organization [member], other than a family member of the   individual, while the [gang] member is confined in or committed to a   penal institution; or                            (viii)  evidence of the individual's use of   technology, including the Internet, to recruit new members of a    criminal street gang or foreign terrorist organization [members].          SECTION 4.12.  Articles 67.102(a) and (d), Code of Criminal   Procedure, are amended to read as follows:          (a)  Notwithstanding Chapter 58, Family Code, criminal   information relating to a child associated with a combination, [or]   criminal street gang, or foreign terrorist organization may be   compiled and released under this chapter regardless of the age of   the child.          (d)  The governing body of a county or municipality served by   a law enforcement agency described by Article 67.051(b) may adopt a   policy to notify the parent or guardian of a child of the agency's   observations relating to the child's association with a criminal   street gang or foreign terrorist organization.          SECTION 4.13.  Article 67.251, Code of Criminal Procedure,   is amended to read as follows:          Art. 67.251.  ESTABLISHMENT OF GANG RESOURCE SYSTEM.  The   office of the attorney general shall establish an electronic gang   resource system to provide criminal justice agencies and juvenile   justice agencies with information about criminal street gangs and   foreign terrorist organizations in this state.          SECTION 4.14.  Articles 67.252(a) and (b), Code of Criminal   Procedure, are amended to read as follows:          (a)  The gang resource system established under Article   67.251 may include the following information with regard to any   gang or foreign terrorist organization:                (1)  gang or organization name;                (2)  gang or organization identifiers, such as colors   used, tattoos, and clothing preferences;                (3)  criminal activities;                (4)  migration trends;                (5)  recruitment activities; and                (6)  a local law enforcement contact.          (b)  Information in the gang resource system shall be   accessible according to:                (1)  municipality or county; and                (2)  gang or organization name.          SECTION 4.15.  Article 67.254(a), Code of Criminal   Procedure, is amended to read as follows:          (a)  On request by the office of the attorney general, a   criminal justice agency or juvenile justice agency shall make a   reasonable attempt to provide gang and foreign terrorist   organization information to the office of the attorney general for   the purpose of maintaining an updated, comprehensive gang resource   system.          SECTION 4.16.  Article 67.255, Code of Criminal Procedure,   is amended to read as follows:          Art. 67.255.  USE OF INFORMATION.  Information in the gang   resource system may be used in investigating [gang-related] crimes   relating to a criminal street gang or foreign terrorist   organization.  Information from the system may be included in an   affidavit or subpoena or used in connection with any other legal or   judicial proceeding only if the information is corroborated by   information not provided by or maintained in the system.          SECTION 4.17.  Section 71.01, Penal Code, is amended by   adding Subsection (e) to read as follows:          (e)  "Foreign terrorist organization" means three or more   persons operating as an organization at least partially outside the   United States who engage in criminal activity and threaten the   security of this state or its residents, including but not limited   to a drug cartel.          SECTION 4.18.  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 or   foreign terrorist organization, 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:                      (A)  through forgery, fraud, misrepresentation,   or deception; or                      (B)  with the intent to deliver the controlled   substance or dangerous drug;                (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;                (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, or   20.07;                (18)  any offense under Section 16.02; or                (19)  any offense classified as a felony under the Tax   Code.          SECTION 4.19.  The heading to Section 71.022, Penal Code, is   amended to read as follows:          Sec. 71.022.  COERCING, INDUCING, OR SOLICITING MEMBERSHIP   IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION.          SECTION 4.20.  Sections 71.022(a) and (a-1), Penal Code, are   amended to read as follows:          (a)  A person commits an offense if the person knowingly   causes, enables, encourages, recruits, or solicits another person   to become a member of a criminal street gang or foreign terrorist   organization which, as a condition of initiation, admission,   membership, or continued membership, requires the commission of any   conduct which constitutes an offense punishable as a Class A   misdemeanor or a felony.          (a-1)  A person commits an offense if, with intent to coerce,   induce, or solicit a child to actively participate in the   activities of a criminal street gang or foreign terrorist   organization, the person:                (1)  threatens the child or a member of the child's   family with imminent bodily injury; or                (2)  causes bodily injury to the child or a member of   the child's family.          SECTION 4.21.  Section 71.023, Penal Code, is amended to   read as follows:          Sec. 71.023.  DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS   OR FOREIGN TERRORIST ORGANIZATIONS. (a)  A person commits an   offense if the person, as part of the identifiable leadership of a   criminal street gang or foreign terrorist organization, knowingly   finances, directs, or supervises the commission of, or a conspiracy   to commit, one or more of the following offenses by members of a   criminal street gang or foreign terrorist organization:                (1)  a felony offense that is listed in Article   42A.054(a), Code of Criminal Procedure;                (2)  a felony offense for which it is shown that a   deadly weapon, as defined by Section 1.07, was used or exhibited   during the commission of the offense or during immediate flight   from the commission of the offense; or                (3)  an offense that is punishable under Section   481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f),   481.115(f), or 481.120(b)(6), Health and Safety Code.          (b)  An offense under this section is a felony of the first   degree punishable by imprisonment in the Texas Department of   Criminal Justice for life or for any term of not more than 99 years   or less than 25 years.          SECTION 4.22.  Chapter 125, Civil Practice and Remedies   Code, as amended by this article, applies only to an action   commenced on or after the effective date of this article. An action   commenced before the effective date of this article is governed by   the law as it existed immediately before the effective date of this   article, and that law is continued in effect for that purpose.          SECTION 4.23.  Chapter 71, Penal Code, as amended by this   article, applies only to an offense committed on or after the   effective date of this article. An offense committed before the   effective date of this article 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 article if any   element of the offense occurred before that date.   ARTICLE 5.  LANDOWNER COMPENSATION FOR PROPERTY DAMAGE CAUSED BY   CERTAIN CRIMINAL ACTIVITIES          SECTION 5.01.  Title 1, Code of Criminal Procedure, is   amended by adding Chapter 56C to read as follows:   CHAPTER 56C. LANDOWNER COMPENSATION FOR PROPERTY DAMAGE CAUSED BY   CERTAIN CRIMINAL ACTIVITIES          Art. 56C.001.  DEFINITIONS. In this chapter:                (1)  "Agricultural land" includes any land the use of   which qualifies the land for appraisal based on agricultural use as   defined under Subchapter D, Chapter 23, Tax Code.                (2)  "Border crime" means conduct:                      (A)  constituting an offense under:                            (i)  Subchapter D, Chapter 481, Health and   Safety Code;                            (ii)  Section 20.05 or 38.04, Penal Code; or                            (iii)  Chapter 20A, Penal Code; and                      (B)  involving transnational criminal activity.                (3)  "Trespasser" has the meaning assigned by Section   75.007, Civil Practice and Remedies Code.          Art. 56C.002. ADMINISTRATION; RULES. (a) The attorney   general shall adopt rules to administer this chapter.          (b)  Subchapters A and B, Chapter 2001, Government Code,   except Sections 2001.004(3) and 2001.005, apply to the attorney   general.          (c)  The attorney general may delegate to a person in the   attorney general's office a power or duty given to the attorney   general under this chapter.          Art.  56C.003.  LANDOWNER COMPENSATION PROGRAM.  (a)  From   money appropriated for the purpose, the attorney general shall   establish and administer a program to compensate landowners who   suffer real property damage on agricultural land caused by:                (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                (2)  a law enforcement response to a trespasser who was   engaged in a border crime.          (b)  The attorney general shall establish:                (1)  eligibility criteria for compensation under this   article, including requirements for providing proof of eligibility   for compensation;                (2)  application procedures;                (3)  criteria for evaluating applications and awarding   compensation;                (4)  guidelines related to compensation amounts,   provided that the maximum amount awarded per incident causing   damage may not exceed $75,000; and                (5)  procedures for monitoring the use of compensation   awarded under this article and ensuring compliance with any   conditions of the award.          (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).          Art. 56C.004. HEARINGS AND PREHEARING CONFERENCES. (a) The   attorney general shall determine whether a hearing on an   application for compensation under this chapter is necessary.          (b)  On determining that a hearing is not necessary, the   attorney general may approve the application.          (c)  On determining that a hearing is necessary or on request   for a hearing by the applicant, the attorney general shall consider   the application at a hearing at a time and place of the attorney   general's choosing. The attorney general shall notify all   interested persons not later than the 10th day before the date of   the hearing.          (d)  At the hearing the attorney general shall:                (1)  review the application for compensation; and                (2)  receive other evidence that the attorney general   finds necessary or desirable to evaluate the application properly.          (e)  The attorney general may appoint hearing officers to   conduct hearings or prehearing conferences under this chapter.          (f)  A hearing or prehearing conference is open to the public   unless the hearing officer or attorney general determines in a   particular case that all or part of the hearing or conference should   be held in private because a private hearing or conference is in the   interest of the applicant.          (g)  Subchapters C through H, Chapter 2001, Government Code,   do not apply to the attorney general or the attorney general's   orders and decisions.          Art. 56C.005.  ANNUAL REPORT. Not later than the 100th day   after the end of each state fiscal year, the attorney general shall   submit to the governor and the legislature a report on the attorney   general's activities under this chapter during the preceding fiscal   year that includes the following information, disaggregated by each   offense listed in Article 56C.001(2)(A):                (1)  the number of applications made;                 (2)  the number of applicants receiving compensation;   and                 (3)  the amount of compensation awarded.          Art. 56C.006.  PAYER OF LAST RESORT. (a)  The program   established under Article 56C.003 is a payer of last resort for real   property damage described by that article.           (b) The attorney general may not award compensation to an   applicant under Article 56C.003 if the attorney general determines   that the applicant:                (1) is eligible for reimbursement from another source,   including under an insurance contract or a state, local, or federal   program; and                (2) failed to seek reimbursement from the source   described by Subdivision (1).          Art. 56C.007.  EXPIRATION OF CHAPTER. This chapter expires   on the second anniversary of the date that all money appropriated   for the program established under this chapter has been expended.   ARTICLE 6.  INTERAGENCY WORK GROUP ON BORDER ISSUES          SECTION 6.01.  Sections 772.011(a) and (b), Government Code,   are amended to read as follows:          (a)  An interagency work group is created to:                (1)  develop or update a process to allow agencies to   work together on issues that face border communities;                (2)  discuss and coordinate programs and services   offered to border communities and residents of border communities;   [and]                (3)  develop regulatory and legislative   recommendations to eliminate duplication and combine program   services;                (4)  identify and anticipate challenges and threats to   agencies' operations along the Texas-Mexico border;                (5)  develop solutions to overcome the challenges and   threats described by Subdivision (4); and                (6)  identify strategic opportunities agencies may use   to enhance the capabilities and effectiveness of their roles in   this state's operations along the Texas-Mexico border.          (b)  The work group is composed of:                (1)  the chair of the standing substantive committee of   the senate with primary jurisdiction over border security, or the   chair's designee;                (2)  the chair of the standing substantive committee of   the house of representatives with primary jurisdiction over border   security, or the chair's designee; and                (3)  the heads of the following agencies or their   designees:                      (A) [(1)]  the Texas Department of Rural Affairs;                      (B) [(2)]  the Texas Department of Housing and   Community Affairs;                      (C) [(3)]  the Texas Water Development Board;                      (D) [(4)]  the Texas Department of   Transportation;                      (E) [(5)]  the Texas Commission on Environmental   Quality;                      (F) [(6)]  the Texas Workforce Commission;                      (G) [(7)]  the Department of State Health   Services;                      (H) [(8)]  the Health and Human Services   Commission;                      (I) [(9)]  the General Land Office;                      (J) [(10)]  the Texas Economic Development and   Tourism Office;                      (K) [(11)]  the Office of State-Federal   Relations;                      (L) [(12)]  the Texas Higher Education   Coordinating Board;                      (M) [(13)]  the attorney general's office;                      (N) [(14)]  the secretary of state's office;                      (O) [(15)]  the Department of Public Safety;   [and]                      (P) [(16)]  the Railroad Commission of Texas;                      (Q)  the Texas Division of Emergency Management;                      (R)  the Texas Alcoholic Beverage Commission; and                      (S)  the Texas Military Department.   ARTICLE 7. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,   EQUIPMENT, AND SERVICES IN THE BORDER REGION          SECTION 7.01.  Chapter 421, Government Code, is amended by   adding Subchapter G to read as follows:   SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY          Sec. 421.111.  DEFINITIONS. In this subchapter:                (1)  "Border region" has the meaning assigned by   Section 772.0071.                (2)  "Local government" means a municipality or county.                (3)  "Office" means the trusteed programs within the   office of the governor.          Sec. 421.112.  USE OF CERTAIN FUNDS. From money   appropriated for that purpose, the office, as authorized by Chapter   418, Government Code, including Subchapter D of that chapter, shall   make funds available to state agencies and local governments for   the following purposes:                (1)  the construction and maintenance of facilities   related to prosecuting and adjudicating offenses committed in the   border region, including court facilities, processing facilities,   detention facilities, criminal justice centers, and other similar   facilities;                (2)  the construction of improvements to an area in the   immediate vicinity of a port of entry to enhance vehicle inspection   capabilities and assist in the investigation, interdiction, and   prosecution of persons smuggling individuals or contraband across   the Texas-Mexico border; and                (3)  the construction or improvement of roadways and   similar transportation facilities in the border region that provide   for detailed monitoring of commercial motor vehicles traveling   along the roadways and facilities.   ARTICLE 8. BORDER PROTECTION AGREEMENTS          SECTION 8.01.  Title 7, Government Code, is amended by   adding Chapter 794 to read as follows:   CHAPTER 794. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN   STATES          Sec. 794.001.  AUTHORITY FOR AGREEMENTS. On behalf of this   state, the governor shall coordinate, develop, and execute   agreements with the United Mexican States and the states of the   United Mexican States regarding the authority of this state to   protect and defend its citizens.   ARTICLE 9.  SEVERABILITY; EFFECTIVE DATE          SECTION 9.01.  It is the intent of the legislature that every   provision, section, subsection, sentence, clause, phrase, or word   in this Act, and every application of the provisions in this Act to   every person, group of persons, or circumstances, is severable from   each other.  If any application of any provision in this Act to any   person, group of persons, or circumstances is found by a court to be   invalid for any reason, the remaining applications of that   provision to all other persons and circumstances shall be severed   and may not be affected.          SECTION 9.02.  This Act takes effect September 1, 2023.     * * * * *