S.B. No. 1133

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1133 passed the Senate on
	April 13, 2023, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1133 passed the House on
	May 17, 2023, by the following vote:  Yeas 144, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor