By: Guillen, et al. (Senate Sponsor - Birdwell)	H.B. No. 7
	(In the Senate - Received from the House May 11, 2023;
	May 11, 2023, read first time and referred to Committee on Border
	Security; May 19, 2023, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 3, Nays 2;
	May 19, 2023, sent to printer.)
Click here to see the committee vote
	COMMITTEE VOTE              YeaNayAbsent PNVBirdwell       X              Flores         X              Blanco            X           Hinojosa          X           King           X              COMMITTEE SUBSTITUTE FOR H.B. No. 7	By:  Birdwell

	A BILL TO BE ENTITLED
	AN ACT
	relating to measures to address public safety threats in this state
	presented by transnational criminal activity, including by
	establishing a Texas Border Force, and to compensate persons
	affected by those threats; increasing criminal penalties; creating
	criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1.  TEXAS BORDER FORCE; DEPARTMENT OF PUBLIC SAFETY BORDER
	SECURITY FUNCTIONS
	SECTION 1.01.  Section 411.0043, Government Code, is amended
	by amending Subsection (a) and adding Subsection (c) to read as
	follows:
	(a)  The commission shall implement a policy requiring the
	department to use appropriate technological solutions to improve
	the department's ability to perform its functions. The policy must
	ensure that:
	(1)  the public is able to interact with the department
	on the Internet; and
	(2)  the department's capability to conduct border
	security operations and similar functions is not impeded by the use
	of obsolete or outdated technologies.
	(c)  The department shall periodically review emerging
	technologies that may be deployed for border security operations,
	including technologies and equipment described by Section
	411.0285, to ensure the department consistently adopts innovative
	technologies and solutions for those operations.
	SECTION 1.02.  Chapter 411, Government Code, is amended by
	adding Subchapter B-2 to read as follows:
	SUBCHAPTER B-2.  TEXAS BORDER FORCE
	Sec. 411.0281.  DEFINITION. In this subchapter, "border
	force" means the Texas Border Force established under this
	subchapter.
	Sec. 411.0282.  TEXAS BORDER FORCE; CHIEF. (a) The Texas
	Border Force is established in the Texas Rangers division of the
	department.
	(b)  The chief of the Texas Rangers is the chief of the border
	force.
	Sec. 411.0283.  BORDER OPERATIONS. The border force may
	conduct border security operations along the Texas-Mexico border,
	including:
	(1)  law enforcement operations;
	(2)  intelligence gathering, analysis, and
	dissemination;
	(3)  coordination and command of state agencies
	conducting border security operations;
	(4)  surveillance and detection of criminal activity,
	including improper entry of individuals from foreign nations and
	the smuggling of individuals and controlled substances, using
	cameras, unmanned aircraft, and other technologies;
	(5)  interdiction of individuals committing criminal
	activity described by Subdivision (4);
	(6)  coordination of local, state, and federal agencies
	conducting border security operations, including tactical
	operations such as special response teams, brush teams, and special
	weapons and tactics teams; and
	(7)  training and education programs for the
	professional development of employees and agency partners carrying
	out border security operations.
	Sec. 411.0284.  ASSIGNMENT OF TEXAS MILITARY FORCES SERVICE
	MEMBERS. (a)  In this section, "Texas military forces" has the
	meaning assigned by Section 437.001.
	(b)  The department, at the request of the chief of the
	border force, may enter into a written agreement with the Texas
	Military Department for the assignment of service members of the
	Texas military forces to the border force.  The agreement may
	provide for reimbursement by the department for hiring, training,
	salary, and employee benefit costs incurred by the Texas military
	forces in connection with service members assigned to the border
	force.
	Sec. 411.0285.  PURCHASE AND DEPLOYMENT OF CERTAIN
	TECHNOLOGY AND EQUIPMENT. (a)  The department, at the request of
	the chief of the border force, shall purchase and deploy technology
	and equipment to enhance the border force's ability to detect and
	suppress criminal activity along the Texas-Mexico border,
	including:
	(1)  stacked razor wire barriers;
	(2)  buoy barriers; and
	(3)  surveillance and detection technology to be
	deployed at and near each port of entry along the Texas-Mexico
	border to detect and deter the improper entry of individuals from
	foreign nations and the smuggling of individuals and controlled
	substances, such as fentanyl, cocaine, heroin, and
	methamphetamine.
	(b)  The surveillance and detection technology described by
	Subsection (a)(3) may be used to inspect passenger and commercial
	vehicles passing through a port of entry or traveling in any
	direction within 30 miles of a port of entry.
	(c)  The department shall employ a sufficient number of
	commercial vehicle inspectors to inspect vehicles using technology
	described by Subsection (a)(3).
	Sec. 411.0286.  HIRING OFFICERS WITH PREVIOUS BORDER PATROL
	EXPERIENCE. Notwithstanding any other provision of law, the
	department may, at the time an officer is hired for the border
	force, elect to credit up to four years of experience as a Border
	Patrol Agent of the United States Customs and Border Protection for
	the purpose of calculating the officer's salary under Schedule C.
	All officers are subject to a one-year probationary period under
	Section 411.007(g) notwithstanding the officer's rank or salary
	classification.
	Sec. 411.0287.  INCREASED STAFFING; CERTAIN TRAINING.  (a)
	The border force may as necessary to conduct border security
	operations and ensure the safety of the public along the
	Texas-Mexico border:
	(1)  recruit, employ, and train officers and other
	staff; and
	(2)  contract for additional officers and staff to meet
	an increased need for border security operations.
	(b)  The border force shall expand programs for training
	officers to serve as members of a brush team.
	Sec. 411.0288.  REPORTS.  At least once each calendar
	quarter and at other times determined necessary by the governor or
	the chief of the border force, the chief of the border force shall
	submit a report to the governor containing information requested by
	the governor concerning the border force's operations.
	Sec. 411.0289.  NO LIMITATION ON BORDER FORCE AUTHORITY BY
	LOCAL GOVERNMENTS. A political subdivision, including a
	municipality, county, or special purpose district, may not by any
	means limit the jurisdiction or authority of the border force.
	SECTION 1.03.  Chapter 820, Government Code, is amended by
	adding Subchapter A-1 to read as follows:
	SUBCHAPTER A-1. CERTAIN MILITARY SERVICE CREDIT
	Sec. 820.021.  CERTAIN MILITARY SERVICE CREDIT WITHOUT
	PURCHASE. (a)  A cash balance group member hired by the Department
	of Public Safety for the Texas Border Force under Subchapter B-2,
	Chapter 411, who served active federal duty in the armed forces of
	the United States and obtains a peace officer license issued under
	Chapter 1701, Occupations Code, while employed with the border
	force may establish military service credit not to exceed six
	months in the retirement system for the purposes described by
	Subsection (c) by submitting a request to the system in a form and
	manner prescribed by the system.
	(b)  The retirement system shall grant the military service
	credit of a member who submits a request as provided by Subsection
	(a) after the system verifies that the member is a cash balance
	group member and served the military service required by that
	subsection.
	(c)  Military service credit established under this section
	may be used only to determine whether the cash balance group member
	is eligible to retire and receive a cash balance annuity under this
	chapter. The service credit does not affect eligibility for any
	other purpose, including for purposes of determining eligibility to
	participate in the group benefits program established under Chapter
	1551, Insurance Code.
	SECTION 1.04.  Subchapter C, Chapter 2155, Government Code,
	is amended by adding Section 2155.151 to read as follows:
	Sec. 2155.151.  CERTAIN PURCHASES BY DEPARTMENT OF PUBLIC
	SAFETY. (a) The Department of Public Safety is delegated all
	purchasing functions relating to the purchase of technologies and
	equipment for use in border security operations, including
	technology and equipment described by Section 411.0285, to ensure
	the department consistently adopts innovative technologies and
	solutions for those operations.
	(b)  The Department of Public Safety shall acquire goods and
	services under Subsection (a) by any procurement method that
	provides the best value to the department. The Department of Public
	Safety shall consider the best value standards listed in Section
	2155.074.
	(c)  At the request of the Department of Public Safety, the
	comptroller or the Department of Information Resources, as
	appropriate, shall procure goods and services described by
	Subsection (a) for the Department of Public Safety. The Department
	of Public Safety may use the services of the comptroller or the
	Department of Information Resources in procuring goods and services
	described by Subsection (a).
	SECTION 1.05.  (a)  In reviewing emerging technologies under
	Section 411.0043(c), Government Code, as added by this article, the
	Department of Public Safety shall hold a technology fair at which
	vendors of emerging technology that may be used for conducting
	border security operations demonstrate the capabilities of the
	products.
	(b)  The event required by Subsection (a) of this section
	must be held not later than September 1, 2024.
	ARTICLE 2.  IMPROPER ENTRY
	SECTION 2.01.  Chapter 38, Penal Code, is amended by adding
	Section 38.20 to read as follows:
	Sec. 38.20.  IMPROPER ENTRY FROM FOREIGN NATION. (a) In
	this section, "alien" has the meaning assigned by 8 U.S.C. Section
	1101, as that provision existed on January 1, 2023.
	(b)  A person who is an alien commits an offense if the
	person:
	(1)  enters or attempts to enter this state from a
	foreign nation at any location other than a lawful point of entry;
	(2)  eludes examination or inspection by United States
	immigration officers; or
	(3)  attempts to enter or obtains entry to this state
	from a foreign nation by an intentionally false or misleading
	representation or the intentional concealment of a material fact.
	(c)  An offense under this section is a Class A misdemeanor,
	except that if it is shown on the trial of the offense that the
	person has previously been finally convicted of:
	(1)  an offense under this section, the offense is a
	state jail felony;
	(2)  a state jail felony described by Subdivision (1)
	or any other felony not listed in Article 42A.054(a), Code of
	Criminal Procedure, the offense is a felony of the second degree; or
	(3)  a felony listed in Article 42A.054(a), Code of
	Criminal Procedure, the offense is a felony of the first degree.
	(d)  It is an affirmative defense to prosecution under this
	section that:
	(1)  the actor has been granted a federal immigration
	benefit entitling the actor to:
	(A)  lawful presence in the United States; or
	(B)  asylum under 8 U.S.C. Section 1158;
	(2)  the actor's conduct does not constitute a
	violation of 8 U.S.C. Section 1325(a); or
	(3)  the actor was approved for benefits under the
	federal Deferred Action for Childhood Arrivals program between June
	15, 2012, and July 16, 2021.
	(e)  For purposes of Subsection (d)(1), the following
	federal programs do not confer federal immigration benefits
	entitling the actor to lawful presence in the United States:
	(1)  the Deferred Action for Parents of Americans and
	Lawful Permanent Residents; and
	(2)  any program not enacted by the United States
	Congress that is a successor to or materially similar to the program
	described by Subdivision (1) or Subsection (d)(3).
	(f)  A court may not abate the prosecution of an offense
	under this section on the basis that a federal determination
	regarding the immigration status of the actor is pending.
	(g)  A law enforcement officer of the Department of Public
	Safety who arrests a person for an offense under this section shall,
	to the extent feasible, detain the person in a facility established
	under Operation Lone Star or a similar border security operation of
	this state.
	ARTICLE 3.  MINIMUM SENTENCES FOR SMUGGLING OFFENSES
	SECTION 3.01.  Section 20.05(b), Penal Code, is amended to
	read as follows:
	(b)  An offense under this section is a felony of the third
	degree with a term of imprisonment of 10 years, except that the
	offense is:
	(1)  a felony of the second degree with a minimum term
	of imprisonment of 10 years if:
	(A)  the actor commits the offense in a manner
	that creates a substantial likelihood that the smuggled individual
	will suffer serious bodily injury or death;
	(B)  the smuggled individual is a child younger
	than 18 years of age at the time of the offense;
	(C)  the offense was committed with the intent to
	obtain a pecuniary benefit;
	(D)  during the commission of the offense the
	actor, another party to the offense, or an individual assisted,
	guided, or directed by the actor knowingly possessed a firearm; or
	(E)  the actor commits the offense under
	Subsection (a)(1)(B); or
	(2)  a felony of the first degree with a minimum term of
	imprisonment of 10 years if:
	(A)  it is shown on the trial of the offense that,
	as a direct result of the commission of the offense, the smuggled
	individual became a victim of sexual assault, as defined by Section
	22.011, or aggravated sexual assault, as defined by Section 22.021;
	or
	(B)  the smuggled individual suffered serious
	bodily injury or death.
	SECTION 3.02.  Sections 20.06(e) and (f), Penal Code, are
	amended to read as follows:
	(e)  Except as provided by Subsections (f) and (g), an
	offense under this section is a felony of the second degree with a
	minimum term of imprisonment of 10 years.
	(f)  An offense under this section is a felony of the first
	degree with a minimum term of imprisonment of 10 years if:
	(1)  the conduct constituting an offense under Section
	20.05 is conducted in a manner that creates a substantial
	likelihood that the smuggled individual will suffer serious bodily
	injury or death; or
	(2)  the smuggled individual is a child younger than 18
	years of age at the time of the offense.
	SECTION 3.03.  The changes in law made by this article apply
	only to an offense committed on or after the effective date of this
	article. An offense committed before the effective date of this
	article is governed by the law in effect on the date the offense was
	committed, and the former law is continued in effect for that
	purpose. For purposes of this section, an offense was committed
	before the effective date of this article if any element of the
	offense was committed before that date.
	ARTICLE 4.  FOREIGN TERRORIST ORGANIZATIONS
	SECTION 4.01.  The heading to Subchapter D, Chapter 125,
	Civil Practice and Remedies Code, is amended to read as follows:
	SUBCHAPTER D. MEMBERSHIP IN CRIMINAL STREET GANG OR FOREIGN
	TERRORIST ORGANIZATION
	SECTION 4.02.  Sections 125.061(1) and (3), Civil Practice
	and Remedies Code, are amended to read as follows:
	(1)  "Combination," [and] "criminal street gang," and
	"foreign terrorist organization" have the meanings assigned by
	Section 71.01, Penal Code.
	(3)  "Gang activity" means the following types of
	conduct:
	(A)  organized criminal activity as described by
	Section 71.02, Penal Code;
	(B)  terroristic threat as described by Section
	22.07, Penal Code;
	(C)  coercing, inducing, or soliciting [, or
	inducing gang] membership in a criminal street gang or foreign
	terrorist organization as described by Section 71.022(a) or (a-1),
	Penal Code;
	(D)  criminal trespass as described by Section
	30.05, Penal Code;
	(E)  disorderly conduct as described by Section
	42.01, Penal Code;
	(F)  criminal mischief as described by Section
	28.03, Penal Code, that causes a pecuniary loss of $500 or more;
	(G)  a graffiti offense in violation of Section
	28.08, Penal Code;
	(H)  a weapons offense in violation of Chapter 46,
	Penal Code; or
	(I)  unlawful possession of a substance or other
	item in violation of Chapter 481, Health and Safety Code.
	SECTION 4.03.  Section 125.062, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 125.062.  PUBLIC NUISANCE; COMBINATION. A
	combination, [or] criminal street gang, or foreign terrorist
	organization that continuously or regularly associates in gang
	activities is a public nuisance.
	SECTION 4.04.  Section 125.063, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 125.063.  PUBLIC NUISANCE; USE OF PLACE. The habitual
	use of a place by a combination, [or] criminal street gang, or
	foreign terrorist organization for engaging in gang activity is a
	public nuisance.
	SECTION 4.05.  Section 125.064(b), Civil Practice and
	Remedies Code, is amended to read as follows:
	(b)  Any person who habitually associates with others to
	engage in gang activity as a member of a combination, [or] criminal
	street gang, or foreign terrorist organization may be made a
	defendant in the suit. Any person who owns or is responsible for
	maintaining a place that is habitually used for engaging in gang
	activity may be made a defendant in the suit.
	SECTION 4.06.  Section 125.065(a), Civil Practice and
	Remedies Code, is amended to read as follows:
	(a)  If the court finds that a combination, [or] criminal
	street gang, or foreign terrorist organization constitutes a public
	nuisance, the court may enter an order:
	(1)  enjoining a defendant in the suit from engaging in
	the gang activities of the combination, [or] criminal street gang,
	or foreign terrorist organization; and
	(2)  imposing other reasonable requirements to prevent
	the combination, [or] criminal street gang, or foreign terrorist
	organization from engaging in future gang activities.
	SECTION 4.07.  Section 125.069, Civil Practice and Remedies
	Code, is amended to read as follows:
	Sec. 125.069.  USE OF PLACE; EVIDENCE. In an action brought
	under this subchapter, proof that gang activity by a member of a
	combination, [or] a criminal street gang, or a foreign terrorist
	organization is frequently committed at a place or proof that a
	place is frequently used for engaging in gang activity by a member
	of a combination, [or] a criminal street gang, or a foreign
	terrorist organization is prima facie evidence that the proprietor
	knowingly permitted the act, unless the act constitutes conspiring
	to commit gang activity.
	SECTION 4.08.  Sections 125.070(b), (c), and (e), Civil
	Practice and Remedies Code, are amended to read as follows:
	(b)  A criminal street gang or foreign terrorist
	organization  or a member of a criminal street gang or foreign
	terrorist organization is liable to the state or a governmental
	entity injured by the violation of a temporary or permanent
	injunctive order under this subchapter.
	(c)  In an action brought against a member of a criminal
	street gang or a member of a foreign terrorist organization, the
	plaintiff must show that the member violated the temporary or
	permanent injunctive order.
	(e)  The property of the criminal street gang or foreign
	terrorist organization or a member of the criminal street gang or
	foreign terrorist organization may be seized in execution on a
	judgment under this section.  Property may not be seized under this
	subsection if the owner or interest holder of the property proves by
	a preponderance of the evidence that the owner or interest holder
	was not a member of the criminal street gang or foreign terrorist
	organization and did not violate the temporary or permanent
	injunctive order.  The owner or interest holder of property that is
	in the possession of a criminal street gang or foreign terrorist
	organization or a member of the criminal street gang or foreign
	terrorist organization and that is subject to execution under this
	subsection must show that the property:
	(1)  was stolen from the owner or interest holder; or
	(2)  was used or intended to be used without the
	effective consent of the owner or interest holder by the criminal
	street gang or foreign terrorist organization or a member of the
	criminal street gang or foreign terrorist organization.
	SECTION 4.09.  Article 67.001, Code of Criminal Procedure,
	is amended by adding Subdivision (8-a) and amending Subdivision (9)
	to read as follows:
	(8-a) "Foreign terrorist organization" has the meaning
	assigned by Section 71.01, Penal Code.
	(9)  "Intelligence database" means a collection or
	compilation of data organized for search and retrieval to evaluate,
	analyze, disseminate, or use intelligence information relating to a
	combination, [or] criminal street gang, or foreign terrorist
	organization for the purpose of investigating or prosecuting a
	criminal offense.
	SECTION 4.10.  Articles 67.051(a) and (b), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  Subject to Subsection (b), a criminal justice agency or
	juvenile justice agency shall compile criminal information into an
	intelligence database for the purpose of investigating or
	prosecuting the criminal activities of combinations, [or] criminal
	street gangs, or foreign terrorist organizations.
	(b)  A law enforcement agency in a municipality with a
	population of 50,000 or more or in a county with a population of
	100,000 or more shall compile and maintain in a local or regional
	intelligence database criminal information relating to a criminal
	street gang or a foreign terrorist organization as provided by
	Subsection (a).  The agency must compile and maintain the
	information in accordance with the criminal intelligence systems
	operating policies established under 28 C.F.R. Section 23.1 et seq.
	and the submission criteria established under Article 67.054(b).
	SECTION 4.11.  Article 67.054(b), Code of Criminal
	Procedure, is amended to read as follows:
	(b)  Criminal information collected under this chapter
	relating to a criminal street gang or foreign terrorist
	organization must:
	(1)  be relevant to the identification of an
	organization that is reasonably suspected of involvement in
	criminal activity; and
	(2)  consist of:
	(A)  a judgment under any law that includes, as a
	finding or as an element of a criminal offense, participation in a
	criminal street gang or foreign terrorist organization;
	(B)  a self-admission by an individual of
	membership in a criminal street gang or foreign terrorist
	organization [membership] that is made during a judicial
	proceeding; or
	(C)  except as provided by Subsection (c), any two
	of the following:
	(i)  a self-admission by the individual of
	membership in a criminal street gang or foreign terrorist
	organization [membership] that is not made during a judicial
	proceeding, including the use of the Internet or other electronic
	format or medium to post photographs or other documentation
	identifying the individual as a member of a criminal street gang or
	foreign terrorist organization;
	(ii)  an identification of the individual as
	a member of a criminal street gang or foreign terrorist
	organization [member] by a reliable informant or other individual;
	(iii)  a corroborated identification of the
	individual as a member of a criminal street gang or foreign
	terrorist organization [member] by an informant or other individual
	of unknown reliability;
	(iv)  evidence that the individual frequents
	a documented area of a criminal street gang or foreign terrorist
	organization and associates with known members of a criminal street
	gang or foreign terrorist organization [members];
	(v)  evidence that the individual uses, in
	more than an incidental manner, criminal street gang or foreign
	terrorist organization dress, hand signals, tattoos, or symbols,
	including expressions of letters, numbers, words, or marks,
	regardless of how or the means by which the symbols are displayed,
	that are associated with a criminal street gang or foreign
	terrorist organization that operates in an area frequented by the
	individual and described by Subparagraph (iv);
	(vi)  evidence that the individual has been
	arrested or taken into custody with known members of a criminal
	street gang or foreign terrorist organization [members] for an
	offense or conduct consistent with [criminal street] gang activity
	as defined by Section 125.061, Civil Practice and Remedies Code;
	(vii)  evidence that the individual has
	visited a known member of a criminal street gang or foreign
	terrorist organization [member], other than a family member of the
	individual, while the [gang] member is confined in or committed to a
	penal institution; or
	(viii)  evidence of the individual's use of
	technology, including the Internet, to recruit new members of a
	criminal street gang or foreign terrorist organization [members].
	SECTION 4.12.  Articles 67.102(a) and (d), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  Notwithstanding Chapter 58, Family Code, criminal
	information relating to a child associated with a combination, [or]
	criminal street gang, or foreign terrorist organization may be
	compiled and released under this chapter regardless of the age of
	the child.
	(d)  The governing body of a county or municipality served by
	a law enforcement agency described by Article 67.051(b) may adopt a
	policy to notify the parent or guardian of a child of the agency's
	observations relating to the child's association with a criminal
	street gang or foreign terrorist organization.
	SECTION 4.13.  Article 67.251, Code of Criminal Procedure,
	is amended to read as follows:
	Art. 67.251.  ESTABLISHMENT OF GANG RESOURCE SYSTEM.  The
	office of the attorney general shall establish an electronic gang
	resource system to provide criminal justice agencies and juvenile
	justice agencies with information about criminal street gangs and
	foreign terrorist organizations in this state.
	SECTION 4.14.  Articles 67.252(a) and (b), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  The gang resource system established under Article
	67.251 may include the following information with regard to any
	gang or foreign terrorist organization:
	(1)  gang or organization name;
	(2)  gang or organization identifiers, such as colors
	used, tattoos, and clothing preferences;
	(3)  criminal activities;
	(4)  migration trends;
	(5)  recruitment activities; and
	(6)  a local law enforcement contact.
	(b)  Information in the gang resource system shall be
	accessible according to:
	(1)  municipality or county; and
	(2)  gang or organization name.
	SECTION 4.15.  Article 67.254(a), Code of Criminal
	Procedure, is amended to read as follows:
	(a)  On request by the office of the attorney general, a
	criminal justice agency or juvenile justice agency shall make a
	reasonable attempt to provide gang and foreign terrorist
	organization information to the office of the attorney general for
	the purpose of maintaining an updated, comprehensive gang resource
	system.
	SECTION 4.16.  Article 67.255, Code of Criminal Procedure,
	is amended to read as follows:
	Art. 67.255.  USE OF INFORMATION.  Information in the gang
	resource system may be used in investigating [gang-related] crimes
	relating to a criminal street gang or foreign terrorist
	organization.  Information from the system may be included in an
	affidavit or subpoena or used in connection with any other legal or
	judicial proceeding only if the information is corroborated by
	information not provided by or maintained in the system.
	SECTION 4.17.  Section 71.01, Penal Code, is amended by
	adding Subsection (e) to read as follows:
	(e)  "Foreign terrorist organization" means three or more
	persons operating as an organization at least partially outside the
	United States who engage in criminal activity and threaten the
	security of this state or its residents, including but not limited
	to a drug cartel.
	SECTION 4.18.  Section 71.02(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense if, with the intent to
	establish, maintain, or participate in a combination or in the
	profits of a combination or as a member of a criminal street gang or
	foreign terrorist organization, the person commits or conspires to
	commit one or more of the following:
	(1)  murder, capital murder, arson, aggravated
	robbery, robbery, burglary, theft, aggravated kidnapping,
	kidnapping, aggravated assault, aggravated sexual assault, sexual
	assault, continuous sexual abuse of young child or disabled
	individual, solicitation of a minor, forgery, deadly conduct,
	assault punishable as a Class A misdemeanor, burglary of a motor
	vehicle, or unauthorized use of a motor vehicle;
	(2)  any gambling offense punishable as a Class A
	misdemeanor;
	(3)  promotion of prostitution, aggravated promotion
	of prostitution, or compelling prostitution;
	(4)  unlawful manufacture, transportation, repair, or
	sale of firearms or prohibited weapons;
	(5)  unlawful manufacture, delivery, dispensation, or
	distribution of a controlled substance or dangerous drug, or
	unlawful possession of a controlled substance or dangerous drug:
	(A)  through forgery, fraud, misrepresentation,
	or deception; or
	(B)  with the intent to deliver the controlled
	substance or dangerous drug;
	(5-a) causing the unlawful delivery, dispensation, or
	distribution of a controlled substance or dangerous drug in
	violation of Subtitle B, Title 3, Occupations Code;
	(6)  any unlawful wholesale promotion or possession of
	any obscene material or obscene device with the intent to wholesale
	promote the same;
	(7)  any offense under Subchapter B, Chapter 43,
	depicting or involving conduct by or directed toward a child
	younger than 18 years of age;
	(8)  any felony offense under Chapter 32;
	(9)  any offense under Chapter 36;
	(10)  any offense under Chapter 34, 35, or 35A;
	(11)  any offense under Section 37.11(a);
	(12)  any offense under Chapter 20A;
	(13)  any offense under Section 37.10;
	(14)  any offense under Section 38.06, 38.07, 38.09, or
	38.11;
	(15)  any offense under Section 42.10;
	(16)  any offense under Section 46.06(a)(1) or 46.14;
	(17)  any offense under Section 20.05, [or] 20.06, or
	20.07;
	(18)  any offense under Section 16.02; or
	(19)  any offense classified as a felony under the Tax
	Code.
	SECTION 4.19.  The heading to Section 71.022, Penal Code, is
	amended to read as follows:
	Sec. 71.022.  COERCING, INDUCING, OR SOLICITING MEMBERSHIP
	IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION.
	SECTION 4.20.  Sections 71.022(a) and (a-1), Penal Code, are
	amended to read as follows:
	(a)  A person commits an offense if the person knowingly
	causes, enables, encourages, recruits, or solicits another person
	to become a member of a criminal street gang or foreign terrorist
	organization which, as a condition of initiation, admission,
	membership, or continued membership, requires the commission of any
	conduct which constitutes an offense punishable as a Class A
	misdemeanor or a felony.
	(a-1)  A person commits an offense if, with intent to coerce,
	induce, or solicit a child to actively participate in the
	activities of a criminal street gang or foreign terrorist
	organization, the person:
	(1)  threatens the child or a member of the child's
	family with imminent bodily injury; or
	(2)  causes bodily injury to the child or a member of
	the child's family.
	SECTION 4.21.  Section 71.023, Penal Code, is amended to
	read as follows:
	Sec. 71.023.  DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS
	OR FOREIGN TERRORIST ORGANIZATIONS. (a)  A person commits an
	offense if the person, as part of the identifiable leadership of a
	criminal street gang or foreign terrorist organization, knowingly
	finances, directs, or supervises the commission of, or a conspiracy
	to commit, one or more of the following offenses by members of a
	criminal street gang or foreign terrorist organization:
	(1)  a felony offense that is listed in Article
	42A.054(a), Code of Criminal Procedure;
	(2)  a felony offense for which it is shown that a
	deadly weapon, as defined by Section 1.07, was used or exhibited
	during the commission of the offense or during immediate flight
	from the commission of the offense; or
	(3)  an offense that is punishable under Section
	481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f),
	481.115(f), or 481.120(b)(6), Health and Safety Code.
	(b)  An offense under this section is a felony of the first
	degree punishable by imprisonment in the Texas Department of
	Criminal Justice for life or for any term of not more than 99 years
	or less than 25 years.
	SECTION 4.22.  Chapter 125, Civil Practice and Remedies
	Code, as amended by this article, applies only to an action
	commenced on or after the effective date of this article. An action
	commenced before the effective date of this article is governed by
	the law as it existed immediately before the effective date of this
	article, and that law is continued in effect for that purpose.
	SECTION 4.23.  Chapter 71, Penal Code, as amended by this
	article, applies only to an offense committed on or after the
	effective date of this article. An offense committed before the
	effective date of this article is governed by the law in effect on
	the date the offense was committed, and the former law is continued
	in effect for that purpose. For purposes of this section, an offense
	was committed before the effective date of this article if any
	element of the offense occurred before that date.
	ARTICLE 5.  LANDOWNER COMPENSATION FOR PROPERTY DAMAGE CAUSED BY
	CERTAIN CRIMINAL ACTIVITIES
	SECTION 5.01.  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.
	ARTICLE 6.  INTERAGENCY WORK GROUP ON BORDER ISSUES
	SECTION 6.01.  Sections 772.011(a) and (b), Government Code,
	are amended to read as follows:
	(a)  An interagency work group is created to:
	(1)  develop or update a process to allow agencies to
	work together on issues that face border communities;
	(2)  discuss and coordinate programs and services
	offered to border communities and residents of border communities;
	[and]
	(3)  develop regulatory and legislative
	recommendations to eliminate duplication and combine program
	services;
	(4)  identify and anticipate challenges and threats to
	agencies' operations along the Texas-Mexico border;
	(5)  develop solutions to overcome the challenges and
	threats described by Subdivision (4); and
	(6)  identify strategic opportunities agencies may use
	to enhance the capabilities and effectiveness of their roles in
	this state's operations along the Texas-Mexico border.
	(b)  The work group is composed of:
	(1)  the chair of the standing substantive committee of
	the senate with primary jurisdiction over border security, or the
	chair's designee;
	(2)  the chair of the standing substantive committee of
	the house of representatives with primary jurisdiction over border
	security, or the chair's designee; and
	(3)  the heads of the following agencies or their
	designees:
	(A) [(1)]  the Texas Department of Rural Affairs;
	(B) [(2)]  the Texas Department of Housing and
	Community Affairs;
	(C) [(3)]  the Texas Water Development Board;
	(D) [(4)]  the Texas Department of
	Transportation;
	(E) [(5)]  the Texas Commission on Environmental
	Quality;
	(F) [(6)]  the Texas Workforce Commission;
	(G) [(7)]  the Department of State Health
	Services;
	(H) [(8)]  the Health and Human Services
	Commission;
	(I) [(9)]  the General Land Office;
	(J) [(10)]  the Texas Economic Development and
	Tourism Office;
	(K) [(11)]  the Office of State-Federal
	Relations;
	(L) [(12)]  the Texas Higher Education
	Coordinating Board;
	(M) [(13)]  the attorney general's office;
	(N) [(14)]  the secretary of state's office;
	(O) [(15)]  the Department of Public Safety;
	[and]
	(P) [(16)]  the Railroad Commission of Texas;
	(Q)  the Texas Division of Emergency Management;
	(R)  the Texas Alcoholic Beverage Commission; and
	(S)  the Texas Military Department.
	ARTICLE 7. FINANCIAL ASSISTANCE FOR INFRASTRUCTURE, FACILITIES,
	EQUIPMENT, AND SERVICES IN THE BORDER REGION
	SECTION 7.01.  Chapter 421, Government Code, is amended by
	adding Subchapter G to read as follows:
	SUBCHAPTER G. USE OF FUNDS FOR BORDER PROTECTION AND PUBLIC SAFETY
	Sec. 421.111.  DEFINITIONS. In this subchapter:
	(1)  "Border region" has the meaning assigned by
	Section 772.0071.
	(2)  "Local government" means a municipality or county.
	(3)  "Office" means the trusteed programs within the
	office of the governor.
	Sec. 421.112.  USE OF CERTAIN FUNDS. From money
	appropriated for that purpose, the office, as authorized by Chapter
	418, Government Code, including Subchapter D of that chapter, shall
	make funds available to state agencies and local governments for
	the following purposes:
	(1)  the construction and maintenance of facilities
	related to prosecuting and adjudicating offenses committed in the
	border region, including court facilities, processing facilities,
	detention facilities, criminal justice centers, and other similar
	facilities;
	(2)  the construction of improvements to an area in the
	immediate vicinity of a port of entry to enhance vehicle inspection
	capabilities and assist in the investigation, interdiction, and
	prosecution of persons smuggling individuals or contraband across
	the Texas-Mexico border; and
	(3)  the construction or improvement of roadways and
	similar transportation facilities in the border region that provide
	for detailed monitoring of commercial motor vehicles traveling
	along the roadways and facilities.
	ARTICLE 8. BORDER PROTECTION AGREEMENTS
	SECTION 8.01.  Title 7, Government Code, is amended by
	adding Chapter 794 to read as follows:
	CHAPTER 794. BORDER PROTECTION AGREEMENTS WITH UNITED MEXICAN
	STATES
	Sec. 794.001.  AUTHORITY FOR AGREEMENTS. On behalf of this
	state, the governor shall coordinate, develop, and execute
	agreements with the United Mexican States and the states of the
	United Mexican States regarding the authority of this state to
	protect and defend its citizens.
	ARTICLE 9.  SEVERABILITY; EFFECTIVE DATE
	SECTION 9.01.  It is the intent of the legislature that every
	provision, section, subsection, sentence, clause, phrase, or word
	in this Act, and every application of the provisions in this Act to
	every person, group of persons, or circumstances, is severable from
	each other.  If any application of any provision in this Act to any
	person, group of persons, or circumstances is found by a court to be
	invalid for any reason, the remaining applications of that
	provision to all other persons and circumstances shall be severed
	and may not be affected.
	SECTION 9.02.  This Act takes effect September 1, 2023.
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