Bill Text: TX SB1133 | 2023-2024 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a program to compensate landowners for property damage caused by certain criminal activities.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-02 - Effective on 9/1/23 [SB1133 Detail]

Download: Texas-2023-SB1133-Engrossed.html
 
 
  By: Blanco, et al. S.B. No. 1133
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a program to compensate landowners for property damage
  caused by certain criminal activities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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.
         SECTION 2.  This Act takes effect September 1, 2023.
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