Bill Text: TX HB3557 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
By: Paddie | H.B. No. 3557 |
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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: | ||
(1) any pipeline transporting oil or gas or the | ||
products or constituents of oil or gas; and | ||
(2) a facility or pipeline described by this section | ||
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 enters or remains on or | ||
in a critical infrastructure facility and intentionally or | ||
knowingly destroys the facility or impairs or interrupts the | ||
operation of the facility. | ||
(b) An offense under this section is a felony of the third | ||
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 | ||
to destroy the facility or impair or interrupt 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 not to exceed $500,000. | ||
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 ADDITIONAL LIABILITY. In addition to | ||
any liability under Section 424.101, an organization that, acting | ||
through an officer, director, or other person serving in a | ||
managerial capacity, knowingly compensates a person for engaging in | ||
conduct occurring on the premises of a critical infrastructure | ||
facility is 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; and | ||
(2) court costs. | ||
(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 immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |