HB4616 - Relating to creating the criminal offenses of transnational repression and unauthorized enforcement of foreign law and to a study and law enforcement training regarding transnational repression.

  89R4518 MZM-D     By: Lopez of Cameron H.B. No. 4616       A BILL TO BE ENTITLED   AN ACT   relating to creating the criminal offenses of transnational   repression and unauthorized enforcement of foreign law and to a   study and law enforcement training regarding transnational   repression.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 76, Penal Code, is amended by adding   Sections 76.045 and 76.046 to read as follows:           Sec.   76.045.     TRANSNATIONAL REPRESSION. (a)   In this   section:                 (1)     "Agent of a foreign government or foreign   terrorist organization" means a person acting on behalf of or   otherwise employed or controlled by a foreign government or foreign   terrorist organization.                 (2)     "Foreign terrorist organization" has the meaning   assigned by Section 71.01.                   (3)     "Protected conduct" means any speech or expressive   conduct protected by the First Amendment to the United States   Constitution or by Section 8, Article I, Texas Constitution.           (b)  A person commits an offense if:                 (1)     the person commits or conspires to commit an   offense under:                       (A)  Section 22.01;                       (B)  Section 22.02;                       (C)  Section 42.07; or                       (D)  Section 42.072;                 (2)     the person commits or conspires to commit an   offense described by Subdivision (1) with the intent to:                       (A)     cause another person to act on behalf of a   foreign government or a foreign terrorist organization;                       (B)     cause another person to leave the United   States;                       (C)     discourage another person from engaging in   protected conduct; or                       (D)     retaliate against another person for   engaging in protected conduct; and                 (3)     the person commits or conspires to commit that   offense as an agent of a foreign government or foreign terrorist   organization.           (c)     An offense under this section is one category higher   than the most serious offense listed in Subsection (b)(1) that was   committed or conspired to be committed, except that:                 (1)     if the most serious offense is a Class A   misdemeanor, the offense under this section is a Class A   misdemeanor with a minimum term of confinement of 180 days; and                 (2)     if the most serious offense is a felony of the   first degree, the offense under this section is a felony of the   first degree with a minimum term of confinement of 15 years.           Sec.   76.046.     UNAUTHORIZED ENFORCEMENT OF FOREIGN LAW. (a)     In this section, "agent of a foreign government or foreign   terrorist organization" has the meaning assigned by Section 76.045.           (b)     A person commits an offense if, as an agent of a foreign   government or foreign terrorist organization, the person, without   the approval of this state or the United States:                 (1)     prevents another person in this state from   violating the laws of a foreign government; or                   (2)     detects, investigates, monitors, or surveilles   another person in this state for the purpose of preventing the other   person from violating the laws of a foreign government.           (c)     An offense under this section is a felony of the second   degree.            SECTION 2.  Subchapter A, Chapter 411, Government Code, is   amended by adding Section 411.02098 to read as follows:           Sec.   411.02098.     TRANSNATIONAL REPRESSION TRAINING PROGRAM.   (a)   In this section:                 (1)     "Agent of a foreign government or foreign   terrorist organization" and "agent" mean a person acting on behalf   of or otherwise employed or controlled by a foreign government or   foreign terrorist organization.                 (2)     "Foreign terrorist organization" has the meaning   assigned by Section 71.01, Penal Code.                 (3)     "Peace officer" means an individual described by   Article 2A.001, Code of Criminal Procedure.                 (4)     "Transnational repression" means conduct   described by Section 76.045(b), Penal Code.           (b)     The criminal investigations division of the department   shall develop a training program for peace officers regarding   transnational repression.   The training program must:                 (1)  prepare peace officers to:                       (A)  identify transnational repression;                       (B)     develop practices for preventing, reporting,   and responding to transnational repression; and                       (C)     recognize communities targeted by   transnational repression and misinformation that may be   perpetuated by an agent of a foreign government or foreign   terrorist organization; and                 (2)     include information about foreign governments and   foreign terrorist organizations that are frequently involved in   transnational repression and the methods those governments and   organizations use.             (c)     The criminal investigations division shall regularly   update the training under Subsection (b) to address emerging   threats and new transnational repression methods used by agents of   a foreign government or foreign terrorist organization.          SECTION 3.  (a)  The criminal investigations division of the   Department of Public Safety of the State of Texas, in collaboration   with the office of the governor, shall conduct a study on the threat   of transnational repression, as that conduct is described by   Section 76.045(b), Penal Code, as added by this Act.  Not later than   March 1, 2026, the Department of Public Safety shall prepare and   submit to each member of the legislature a report on the conclusions   of the study and any recommendations for legislative or other   action to reduce the threat of transnational repression.          (b)  This section expires April 1, 2026.          SECTION 4.  Not later than April 1, 2026, the criminal   investigations division of the Department of Public Safety shall   develop the training required by Section 411.02098, Government   Code, as added by this Act.          SECTION 5.  This Act takes effect September 1, 2025.