HB246 - Relating to a border crime property damage compensation program.

  89R15350 JRR-F     By: Guillen, Morales of Maverick, Raymond, H.B. No. 246       et al.     Substitute the following for H.B. No. 246:     By:  King C.S.H.B. No. 246       A BILL TO BE ENTITLED   AN ACT   relating to a border crime property damage compensation program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 56C, Code of Criminal   Procedure, is amended to read as follows:   CHAPTER 56C. BORDER CRIME [ LANDOWNER COMPENSATION FOR ] PROPERTY   DAMAGE COMPENSATION PROGRAM [ CAUSED BY CERTAIN CRIMINAL   ACTIVITIES ]          SECTION 2.  Article 56C.001(2), Code of Criminal Procedure,   is amended to read as follows:                (2)  "Border crime" means conduct:                      (A)  constituting an offense under:                            (i)  Subchapter D, Chapter 481, Health and   Safety Code;                            (ii)  Section 20.05 , 20.06, or 38.04, Penal   Code; or                            (iii)  Chapter 20A, Penal Code; and                      (B)  involving transnational criminal activity.          SECTION 3.  Article 56C.003, Code of Criminal Procedure, is   amended to read as follows:          Art. 56C.003.   BORDER CRIME PROPERTY DAMAGE [ LANDOWNER ]   COMPENSATION PROGRAM.  (a)  From the funding sources described by   Subsection (a-1) [ money appropriated for the purpose ], the attorney   general shall establish and administer a program to compensate   landowners and lessees who suffer [ real property ] damage to   agricultural land, including buildings or other improvements, or to   livestock, timber, or crops 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.           (a-1)     The attorney general may use money from the following   sources to establish the program described by Subsection (a):                 (1)     money appropriated, credited, or transferred by   the legislature for purposes of the program;                 (2)     revenue that the legislature by statute dedicates   for deposit to the credit of the program; and                 (3)     gifts, grants, and donations received by the state   for purposes of the program, including grants and reimbursements   received from the federal government.          (b)  The attorney general shall establish:                (1)   a standardized form and report template to be used   by law enforcement agencies for the purpose of documenting damage   caused by a trespasser in accordance with Subsection (c);                 (2)   eligibility criteria for compensation under this   article, including requirements for providing proof of eligibility   for compensation;                 (3)  [ (2) ]  application procedures;                 (4)  [ (3) ]  criteria for evaluating applications and   awarding compensation;                 (5)  [ (4) ]  guidelines related to compensation amounts,   provided that the maximum amount awarded per incident causing   damage may not exceed a total of $75,000 and any portion of damages   attributable to livestock, timber, or crops may not exceed $10,000 ;   and                 (6)  [ (5) ]  procedures for monitoring the use of   compensation awarded under this article and ensuring compliance   with any conditions of the award.           (b-1)     For purposes of Subsection (a), damage caused to   agricultural land includes any debris, pollutants, or contaminants   left on the land during the applicable incident, and compensation   awarded under this article may include an amount necessary to clean   up the debris, pollutants, or contaminants to restore the soil to   its agricultural use.          (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.           (c-1)     For purposes of allowing the attorney general to   determine whether a person qualifies for an award of compensation   under this article and the extent of the damage, a law enforcement   agency that makes a written report described by Subsection (c)   shall release the report to the attorney general not later than the   14th day after the date the attorney general makes a request to the   agency for the report.          (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 :                 (1)   the offense under Chapter 28, Penal Code, as a   result of which the applicant suffered [ property ] damage ; or                 (2)   the applicable offense listed in Article   56C.001(2)(A).          SECTION 4.  Article 56C.006(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  The program established under Article 56C.003 is a payer   of last resort for [ real property ] damage described by that   article.          SECTION 5.  Sections 552.132(a), (b), (c), and (d),   Government Code, are amended to read as follows:          (a)  Except as provided by Subsection (d), in this section,   "crime victim or claimant" means :                 (1)   a victim or claimant under Chapter 56B, Code of   Criminal Procedure, who has filed an application for compensation   under that chapter ; or                 (2)     a person who has filed an application for   compensation under Chapter 56C, Code of Criminal Procedure .          (b)  The following information held by [ the crime victim's   compensation division of ] the attorney general's office in   connection with an application for compensation under Chapter 56B   or 56C, Code of Criminal Procedure, is confidential:                (1)  the name, social security number, address, or   telephone number of a crime victim or claimant; or                (2)  any other information the disclosure of which   would identify or tend to identify the crime victim or claimant.          (c)  If the crime victim or claimant is awarded compensation   under Article 56B.103 , [ or ] 56B.104 , or 56C.003 , Code of Criminal   Procedure, as of the date of the award of compensation, the name of   the crime victim or claimant and the amount of compensation awarded   to that crime victim or claimant are public information and are not   excepted from the requirements of Section 552.021.          (d)  An employee of a governmental body who is also a victim   under Chapter 56B, Code of Criminal Procedure, or has suffered   property damage for which the employee is eligible for compensation   under Chapter 56C of that code,  regardless of whether the employee   has filed an application for compensation under the applicable     [ that ] chapter, may elect whether to allow public access to   information held by the attorney general's office or other   governmental body that would identify or tend to identify the   employee  [ victim ], including a photograph or other visual   representation of the employee  [ victim ].  An election under this   subsection must be made in writing on a form developed by the   governmental body, be signed by the employee, and be filed with the   governmental body before the third anniversary of the latest to   occur of one of the following:                (1)  the date the crime was committed or the property   damage occurred, as applicable ;                (2)  the date employment begins; or                (3)  the date the governmental body develops the form   and provides it to employees.          SECTION 6.  Section 2251.052, Insurance Code, is amended by   adding Subsection (a-1) to read as follows:           (a-1)     In setting rates, an insurer may not consider whether   a claim has been made by or on behalf of a policyholder in relation   to an event documented by a report described by Article 56C.003(c),   Code of Criminal Procedure.          SECTION 7.  Article 56C.007, Code of Criminal Procedure, is   repealed.          SECTION 8.  Chapter 56C, Code of Criminal Procedure, as   amended by this Act, applies only to compensation for damages   incurred in connection with conduct constituting an offense   occurring on or after the effective date of this Act.  Compensation   for damages incurred in connection with conduct constituting an   offense occurring before the effective date of this Act is governed   by the law in effect on the date the conduct occurred, and the   former law is continued in effect for that purpose.  For purposes of   this section, conduct constituting an offense occurred before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 9.  Section 2251.052(a-1), Insurance Code, as added   by this Act, applies only to an insurance policy that is delivered,   issued for delivery, or renewed on or after January 1, 2026. A   policy delivered, issued for delivery, or renewed before January 1,   2026, is governed by the law as it existed immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 10.  This Act takes effect September 1, 2025.