Bill Text: TX HB3557 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to civil and criminal liability for engaging in certain conduct involving a critical infrastructure facility; creating criminal offenses.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3557 Detail]

Download: Texas-2019-HB3557-Comm_Sub.html

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86R21170 JCG-F
By: Paddie H.B. No. 3557
Substitute the following for H.B. No. 3557:
By: Smith C.S.H.B. No. 3557

A BILL TO BE ENTITLED
AN ACT
relating to civil and criminal liability for engaging in certain
conduct involving a critical infrastructure facility; creating
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Critical
Infrastructure Protection Act.
SECTION 2. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 424 to read as follows:
CHAPTER 424. PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 424.001. DEFINITION. In this chapter, "critical
infrastructure facility" has the meaning assigned by Section
423.0045(a)(1-a) and also includes a critical infrastructure
facility that is under construction and all equipment and
appurtenances used during that construction.
SUBCHAPTER B. CRIMINAL LIABILITY
Sec. 424.051. OFFENSE: DAMAGE TO CRITICAL INFRASTRUCTURE
FACILITY. (a) A person commits an offense if, without the
effective consent of the owner, the person intentionally or
knowingly:
(1) damages, destroys, vandalizes, defaces, or
tampers with a critical infrastructure facility; or
(2) impedes, inhibits, or otherwise interferes with
the operation of a critical infrastructure facility.
(b) An offense under this section is a felony of the second
degree.
(c) If conduct constituting an offense under this section
also constitutes an offense under another law, the actor may be
prosecuted under this section, the other law, or both.
Sec. 424.052. OFFENSE: INTENT TO DAMAGE CRITICAL
INFRASTRUCTURE FACILITY. (a) A person commits an offense if,
without the effective consent of the owner, the person enters or
remains on or in a critical infrastructure facility with the
intent:
(1) to damage, destroy, vandalize, deface, or tamper
with the facility; or
(2) to impede, inhibit, or otherwise interfere with
the operation of the facility.
(b) An offense under this section is a state jail felony.
(c) If conduct constituting an offense under this section
also constitutes an offense under another law, the actor may be
prosecuted under this section, the other law, or both.
Sec. 424.053. PUNISHMENT FOR CORPORATIONS AND
ASSOCIATIONS. Notwithstanding Section 12.51, Penal Code, a court
shall sentence a corporation or association adjudged guilty of an
offense under this subchapter to pay a fine of $1 million.
Sec. 424.054. RESTITUTION. If a defendant is convicted of
an offense under this subchapter and the offense results in damage
to or destruction of property, a court may, in accordance with
Article 42.037, Code of Criminal Procedure, order the defendant to
make restitution to the owner of the damaged or destroyed property,
or the owner's designee, in an amount equal to the value of the
property on the date of the damage or destruction.
SUBCHAPTER C. CIVIL LIABILITY
Sec. 424.101. CIVIL LIABILITY FOR DAMAGE TO CRITICAL
INFRASTRUCTURE FACILITY. (a) A defendant who engages in conduct
constituting an offense under Section 424.051 or 424.052 is liable
to the property owner, as provided by this subchapter, for damages
arising from that conduct.
(b) It is not a defense to liability under this section that
a defendant has been acquitted or has not been prosecuted or
convicted under Section 424.051 or 424.052, or has been convicted
of a different offense or of a different type or class of offense,
for the conduct that is alleged to give rise to liability under this
section.
Sec. 424.102. CERTAIN VICARIOUS LIABILITY. Regardless of
the relationship between the organization and the person, an
organization that compensates a person for engaging in conduct
occurring on the premises of a critical infrastructure facility is
vicariously liable to the property owner, as provided by this
subchapter, for damages arising from the conduct if the conduct
constituted an offense under Section 424.051 or 424.052.
Sec. 424.103. DAMAGES. (a) A claimant who prevails in a
suit under this subchapter shall be awarded:
(1) actual damages;
(2) court costs; and
(3) reasonable attorney's fees.
(b) In addition to an award under Subsection (a), a claimant
who prevails in a suit under this subchapter may recover exemplary
damages.
Sec. 424.104. CAUSE OF ACTION CUMULATIVE. The cause of
action created by this subchapter is cumulative of any other remedy
provided by common law or statute.
Sec. 424.105. NONAPPLICABILITY. The following provisions
of the Civil Practice and Remedies Code do not apply to a cause of
action arising under this subchapter:
(1) Chapter 27; and
(2) Section 41.008.
SECTION 3. Section 423.0045(a)(1), Government Code, as
amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted to read
as follows:
(1) "Correctional facility" means:
(A) a confinement facility operated by or under
contract with any division of the Texas Department of Criminal
Justice;
(B) a municipal or county jail;
(C) a confinement facility operated by or under
contract with the Federal Bureau of Prisons; or
(D) a secure correctional facility or secure
detention facility, as defined by Section 51.02, Family Code.
SECTION 4. Section 423.0045(a)(1-a), Government Code, as
added by Chapter 1010 (H.B. 1424), Acts of the 85th Legislature,
Regular Session, 2017, is reenacted to conform to the changes made
to Section 423.0045(a)(1), Government Code, by Chapter 824 (H.B.
1643), Acts of the 85th Legislature, Regular Session, 2017, to read
as follows:
(1-a) "Critical infrastructure facility" means:
(A) one of the following, if completely enclosed
by a fence or other physical barrier that is obviously designed to
exclude intruders, or if clearly marked with a sign or signs that
are posted on the property, are reasonably likely to come to the
attention of intruders, and indicate that entry is forbidden:
(i) a petroleum or alumina refinery;
(ii) an electrical power generating
facility, substation, switching station, or electrical control
center;
(iii) a chemical, polymer, or rubber
manufacturing facility;
(iv) a water intake structure, water
treatment facility, wastewater treatment plant, or pump station;
(v) a natural gas compressor station;
(vi) a liquid natural gas terminal or
storage facility;
(vii) a telecommunications central
switching office or any structure used as part of a system to
provide wired or wireless telecommunications services;
(viii) a port, railroad switching yard,
trucking terminal, or other freight transportation facility;
(ix) a gas processing plant, including a
plant used in the processing, treatment, or fractionation of
natural gas;
(x) a transmission facility used by a
federally licensed radio or television station;
(xi) a steelmaking facility that uses an
electric arc furnace to make steel;
(xii) a dam that is classified as a high
hazard by the Texas Commission on Environmental Quality; or
(xiii) a concentrated animal feeding
operation, as defined by Section 26.048, Water Code; or
(B) if enclosed by a fence or other physical
barrier obviously designed to exclude intruders:
(i) any portion of an aboveground oil, gas,
or chemical pipeline;
(ii) an oil or gas drilling site;
(iii) a group of tanks used to store crude
oil, such as a tank battery;
(iv) an oil, gas, or chemical production
facility;
(v) an oil or gas wellhead; or
(vi) any oil and gas facility that has an
active flare.
SECTION 5. The change in law made by this Act in adding
Subchapter C, Chapter 424, Government Code, applies only to a cause
of action that accrues on or after the effective date of this Act. A
cause of action that accrues before the effective date of this Act
is governed by the law in effect immediately before that date, and
that law is continued in effect for that purpose.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. This Act takes effect September 1, 2019.