88R12264 MZM-F     By: Guillen H.B. No. 3499       A BILL TO BE ENTITLED   AN ACT   relating to foreign terrorist organizations, including the   acquisition of title to real property by, the compilation of   information regarding, certain civil actions brought against, and   the prosecution of certain organized crime offenses involving a   foreign terrorist organization.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 2.  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 3.  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.  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 5.  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 6.  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 7.  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 8.  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 9.  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 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 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 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 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 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 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 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 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 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 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 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 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 22.  Section 5.005, Property Code, is amended to   read as follows:          Sec. 5.005.  ALIENS. Except as provided by Section 5.0051,   an [An] alien has the same real and personal property rights as a   United States citizen.          SECTION 23.  Subchapter A, Chapter 5, Property Code, is   amended by adding Section 5.0051 to read as follows:          Sec. 5.0051.  ACQUISITION OF TITLE TO REAL PROPERTY BY   FOREIGN TERRORIST ORGANIZATION. Notwithstanding any other law, a   foreign terrorist organization, as defined by Section 71.01, Penal   Code, and identified by the Department of Public Safety   intelligence database described by Article 67.052, Code of Criminal   Procedure, may not purchase or otherwise acquire title to real   property in this state.          SECTION 24.  Chapter 125, Civil Practice and Remedies Code,   as amended by this Act, applies only to an action commenced on or   after the effective date of this Act. An action commenced before the   effective date of this Act is governed by the law as it existed   immediately before the effective date of this Act, and that law is   continued in effect for that purpose.          SECTION 25.  Chapter 71, Penal Code, as amended by this Act,   applies only to an offense committed on or after the effective date   of this Act. An offense committed before the effective date of this   Act 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 Act if any element of the offense   occurred before that date.          SECTION 26.  Section 5.0051, Property Code, as added by this   Act, applies only to the purchase of or acquisition of title to real   property on or after the effective date of this Act.          SECTION 27.  This Act takes effect September 1, 2023.