Lopez’s bill creating transnational repression offenses

The text as introduced · 840 words

89R4518 MZM-D

By: Lopez of Cameron
H.B. No. 4616

A BILL TO BE ENTITLED

AN ACT

relating to creating the criminal offenses of transnational

repression and unauthorized enforcement of foreign law and to a

study and law enforcement training regarding transnational

repression.

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

SECTION 1. Chapter 76, Penal Code, is amended by adding

Sections 76.045 and 76.046 to read as follows:

Sec. 76.045. TRANSNATIONAL REPRESSION. (a) In this

section:

(1) "Agent of a foreign government or foreign

terrorist organization" means a person acting on behalf of or

otherwise employed or controlled by a foreign government or foreign

terrorist organization.

(2) "Foreign terrorist organization" has the meaning

assigned by Section 71.01.

(3) "Protected conduct" means any speech or expressive

conduct protected by the First Amendment to the United States

Constitution or by Section 8, Article I, Texas Constitution.

(b) A person commits an offense if:

(1) the person commits or conspires to commit an

offense under:

(A) Section 22.01;

(B) Section 22.02;

(C) Section 42.07; or

(D) Section 42.072;

(2) the person commits or conspires to commit an

offense described by Subdivision (1) with the intent to:

(A) cause another person to act on behalf of a

foreign government or a foreign terrorist organization;

(B) cause another person to leave the United

States;

(C) discourage another person from engaging in

protected conduct; or

(D) retaliate against another person for

engaging in protected conduct; and

(3) the person commits or conspires to commit that

offense as an agent of a foreign government or foreign terrorist

organization.

(c) An offense under this section is one category higher

than the most serious offense listed in Subsection (b)(1) that was

committed or conspired to be committed, except that:

(1) if the most serious offense is a Class A

misdemeanor, the offense under this section is a Class A

misdemeanor with a minimum term of confinement of 180 days; and

(2) if the most serious offense is a felony of the

first degree, the offense under this section is a felony of the

first degree with a minimum term of confinement of 15 years.

Sec. 76.046. UNAUTHORIZED ENFORCEMENT OF FOREIGN LAW. (a)

In this section, "agent of a foreign government or foreign

terrorist organization" has the meaning assigned by Section 76.045.

(b) A person commits an offense if, as an agent of a foreign

government or foreign terrorist organization, the person, without

the approval of this state or the United States:

(1) prevents another person in this state from

violating the laws of a foreign government; or

(2) detects, investigates, monitors, or surveilles

another person in this state for the purpose of preventing the other

person from violating the laws of a foreign government.

(c) An offense under this section is a felony of the second

degree.

SECTION 2. Subchapter A, Chapter 411, Government Code, is

amended by adding Section 411.02098 to read as follows:

Sec. 411.02098. TRANSNATIONAL REPRESSION TRAINING PROGRAM.

(a) In this section:

(1) "Agent of a foreign government or foreign

terrorist organization" and "agent" mean a person acting on behalf

of or otherwise employed or controlled by a foreign government or

foreign terrorist organization.

(2) "Foreign terrorist organization" has the meaning

assigned by Section 71.01, Penal Code.

(3) "Peace officer" means an individual described by

Article 2A.001, Code of Criminal Procedure.

(4) "Transnational repression" means conduct

described by Section 76.045(b), Penal Code.

(b) The criminal investigations division of the department

shall develop a training program for peace officers regarding

transnational repression. The training program must:

(1) prepare peace officers to:

(A) identify transnational repression;

(B) develop practices for preventing, reporting,

and responding to transnational repression; and

(C) recognize communities targeted by

transnational repression and misinformation that may be

perpetuated by an agent of a foreign government or foreign

terrorist organization; and

(2) include information about foreign governments and

foreign terrorist organizations that are frequently involved in

transnational repression and the methods those governments and

organizations use.

(c) The criminal investigations division shall regularly

update the training under Subsection (b) to address emerging

threats and new transnational repression methods used by agents of

a foreign government or foreign terrorist organization.

SECTION 3. (a) The criminal investigations division of the

Department of Public Safety of the State of Texas, in collaboration

with the office of the governor, shall conduct a study on the threat

of transnational repression, as that conduct is described by

Section 76.045(b), Penal Code, as added by this Act. Not later than

March 1, 2026, the Department of Public Safety shall prepare and

submit to each member of the legislature a report on the conclusions

of the study and any recommendations for legislative or other

action to reduce the threat of transnational repression.

(b) This section expires April 1, 2026.

SECTION 4. Not later than April 1, 2026, the criminal

investigations division of the Department of Public Safety shall

develop the training required by Section 411.02098, Government

Code, as added by this Act.

SECTION 5. This Act takes effect September 1, 2025.