Guillen Landowner Bill Pays Any Border Resident Up To $75,000

The text as introduced · 1,166 words

By: Guillen
H.B. No. 246

A BILL TO BE ENTITLED

AN ACT

relating to landowner compensation for certain damage to or on

agricultural land caused by certain criminal activities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 56C, Code of Criminal

Procedure, is amended to read as follows:

CHAPTER 56C. BORDER CRIME [ LANDOWNER COMPENSATION FOR ] PROPERTY

DAMAGE COMPENSATION PROGRAM [ CAUSED BY CERTAIN CRIMINAL

ACTIVITIES ]

SECTION 2. Article 56C.001, Code of Criminal Procedure, is

amended by amending Subdivision (2) and adding Subdivision (2-a) to

read as follows:

(2) "Border crime" means conduct:

(A) constituting an offense under:

(i) Subchapter D, Chapter 481, Health and

Safety Code;

(ii) Section 20.05 , 20.06, or 38.04, Penal

Code; or

(iii) Chapter 20A, Penal Code; and

(B) involving transnational criminal activity.

(2-a) "Border region" has the meaning assigned by

Section 772.0071, Government Code.

SECTION 3. The heading to Article 56C.003, Code of Criminal

Procedure, is amended to read as follows:

Art. 56C.003. BORDER CRIME PROPERTY DAMAGE [ LANDOWNER ]

COMPENSATION PROGRAM.

SECTION 4. Article 56C.003, Code of Criminal Procedure, is

amended by amending Subsections (a), (b), (c), and (d) and adding

Subsections (a-1) and (b-1) to read as follows:

(a) From the funding sources described by Subsection (a-1)

[ money appropriated for the purpose ], the attorney general shall

establish and administer a program to compensate :

(1) landowners and lessees who suffer damage to

agricultural land, including buildings or other improvements, or to

livestock, game, timber, or crops [ real property damage ] on

agricultural land caused by:

(A) [ (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

(B) [ (2) ] a law enforcement response to a

trespasser who was engaged in a border crime ; and

(2) persons residing in the border region who suffer

real or personal property damage caused by a person described by

Subdivision (1)(A) or (B) .

(a-1) The attorney general may use money from the following

sources to establish the program described by Subsection (a):

(1) money appropriated, credited, or transferred by

the legislature for purposes of the program;

(2) revenue that the legislature by statute dedicates

for deposit to the credit of the program;

(3) gifts, grants, and donations received by the state

for purposes of the program, including grants and reimbursements

received from the federal government; and

(4) proceeds received under Article 59.06(v).

(b) The attorney general shall establish:

(1) a standardized form and report template to be used

by law enforcement agencies for the purpose of Subsection (c);

(2) eligibility criteria for compensation under this

article, including requirements for providing proof of eligibility

for compensation;

(3) [ (2) ] application procedures;

(4) [ (3) ] criteria for evaluating applications and

awarding compensation;

(5) [ (4) ] guidelines related to compensation amounts,

provided that the maximum amount awarded per incident causing

damage may not exceed $75,000; and

(6) [ (5) ] procedures for monitoring the use of

compensation awarded under this article and ensuring compliance

with any conditions of the award.

(b-1) For purposes of Subsection (a), damage caused to

agricultural land includes any debris, pollutants, or contaminants

left on the land during the applicable incident, and compensation

awarded under this article may include an amount necessary to

restore the soil to its agricultural use.

(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).

SECTION 5. Article 56C.006(a), Code of Criminal Procedure,

is amended to read as follows:

(a) The program established under Article 56C.003 is a payer

of last resort for [ real property ] damage described by that

article.

SECTION 6. Article 59.06(t)(1), Code of Criminal Procedure,

is amended to read as follows:

(t)(1) This subsection applies only to contraband for which

forfeiture is authorized with respect to an offense under Section

[ 20.05, 20.06, ] 20.07, 43.04, or 43.05 or Chapter 20A, Penal Code.

SECTION 7. Article 59.06, Code of Criminal Procedure, is

amended by adding Subsection (v) to read as follows:

(v) Notwithstanding any other provision of this article,

with respect to forfeited property seized in connection with an

offense under Section 20.05 or 20.06, Penal Code, in a proceeding

under Article 59.05 in which judgment is rendered in favor of the

state, the balance of the proceeds from the sale of forfeited

property under Subsection (a), after all required distributions

under Subsections (a)(1) and (2) and deductions under Subsection

(a)(3) are made, shall be transferred to the credit of an account in

the general revenue fund to be administered by the comptroller and

may be appropriated only to the attorney general for the purpose of

administering the border crime property damage compensation

program under Chapter 56C.

SECTION 8. Section 544.553, Insurance Code, is amended by

adding Subsection (3) to read as follows:

(1) use an underwriting guideline based solely on

whether a consumer inquiry has been made by or on behalf of the

applicant or insured; or

(2) charge a rate that is different from the rate

charged to other individuals for the same coverage or increase a

rate charged to an insured based solely on whether a consumer

inquiry has been made by or on behalf of the applicant or insured ;

or

(3) increase a rate charged to an insured based solely

on whether a claim, as defined by Sec. 542.006 (a), has been made by

or on behalf of the applicant or insured in relation to an event

documented by a report under Article 56C.003(c), Code of Criminal

Procedure.

SECTION 9. Article 56C.007, Code of Criminal Procedure, is

repealed.

SECTION 10. The change in law made by this Act applies only

to compensation for damages incurred in connection with conduct

constituting an offense occurring on or after the effective date of

this Act. Compensation for damages incurred in connection with

conduct constituting an offense occurring before the effective date

of this Act is governed by the law in effect on the date the conduct

occurred, and the former law is continued in effect for that

purpose. For purposes of this section, conduct constituting an

offense occurred before the effective date of this Act if any

element of the offense occurred before that date.

SECTION 11. This Act takes effect September 1, 2025.