H.B. No. 11
 
 
 
 
AN ACT
  relating to the powers and duties of the Texas Department of Public
  Safety, military and law enforcement training, and the
  investigation, prosecution, punishment, and prevention of certain
  offenses; creating an offense and increasing a criminal penalty;
  authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.12, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.12.  WHO ARE PEACE OFFICERS. The following are peace
  officers:
               (1)  sheriffs, their deputies, and those reserve
  deputies who hold a permanent peace officer license issued under
  Chapter 1701, Occupations Code;
               (2)  constables, deputy constables, and those reserve
  deputy constables who hold a permanent peace officer license issued
  under Chapter 1701, Occupations Code;
               (3)  marshals or police officers of an incorporated
  city, town, or village, and those reserve municipal police officers
  who hold a permanent peace officer license issued under Chapter
  1701, Occupations Code;
               (4)  rangers, [and] officers, and members of the
  reserve officer corps commissioned by the Public Safety Commission
  and the Director of the Department of Public Safety;
               (5)  investigators of the district attorneys', criminal
  district attorneys', and county attorneys' offices;
               (6)  law enforcement agents of the Texas Alcoholic
  Beverage Commission;
               (7)  each member of an arson investigating unit
  commissioned by a city, a county, or the state;
               (8)  officers commissioned under Section 37.081,
  Education Code, or Subchapter E, Chapter 51, Education Code;
               (9)  officers commissioned by the General Services
  Commission;
               (10)  law enforcement officers commissioned by the
  Parks and Wildlife Commission;
               (11)  airport police officers commissioned by a city
  with a population of more than 1.18 million located primarily in a
  county with a population of 2 million or more that operates an
  airport that serves commercial air carriers;
               (12)  airport security personnel commissioned as peace
  officers by the governing body of any political subdivision of this
  state, other than a city described by Subdivision (11), that
  operates an airport that serves commercial air carriers;
               (13)  municipal park and recreational patrolmen and
  security officers;
               (14)  security officers and investigators commissioned
  as peace officers by the comptroller;
               (15)  officers commissioned by a water control and
  improvement district under Section 49.216, Water Code;
               (16)  officers commissioned by a board of trustees
  under Chapter 54, Transportation Code;
               (17)  investigators commissioned by the Texas Medical
  Board;
               (18)  officers commissioned by:
                     (A)  the board of managers of the Dallas County
  Hospital District, the Tarrant County Hospital District, the Bexar
  County Hospital District, or the El Paso County Hospital District
  under Section 281.057, Health and Safety Code;
                     (B)  the board of directors of the Ector County
  Hospital District under Section 1024.117, Special District Local
  Laws Code; and
                     (C)  the board of directors of the Midland County
  Hospital District of Midland County, Texas, under Section 1061.121,
  Special District Local Laws Code;
               (19)  county park rangers commissioned under
  Subchapter E, Chapter 351, Local Government Code;
               (20)  investigators employed by the Texas Racing
  Commission;
               (21)  officers commissioned under Chapter 554,
  Occupations Code;
               (22)  officers commissioned by the governing body of a
  metropolitan rapid transit authority under Section 451.108,
  Transportation Code, or by a regional transportation authority
  under Section 452.110, Transportation Code;
               (23)  investigators commissioned by the attorney
  general under Section 402.009, Government Code;
               (24)  security officers and investigators commissioned
  as peace officers under Chapter 466, Government Code;
               (25)  [an officer employed by the Department of State
  Health Services under Section 431.2471, Health and Safety Code;
               [(26)]  officers appointed by an appellate court under
  Subchapter F, Chapter 53, Government Code;
               (26) [(27)]  officers commissioned by the state fire
  marshal under Chapter 417, Government Code;
               (27) [(28)]  an investigator commissioned by the
  commissioner of insurance under Section 701.104, Insurance Code;
               (28) [(29)]  apprehension specialists and inspectors
  general commissioned by the Texas Juvenile Justice Department as
  officers under Sections 242.102 and 243.052, Human Resources Code;
               (29) [(30)]  officers appointed by the inspector
  general of the Texas Department of Criminal Justice under Section
  493.019, Government Code;
               (30) [(31)]  investigators commissioned by the Texas
  Commission on Law Enforcement under Section 1701.160, Occupations
  Code;
               (31) [(32)]  commission investigators commissioned by
  the Texas Private Security Board under Section 1702.061
  [1702.061(f)], Occupations Code;
               (32) [(33)]  the fire marshal and any officers,
  inspectors, or investigators commissioned by an emergency services
  district under Chapter 775, Health and Safety Code;
               (33) [(34)]  officers commissioned by the State Board
  of Dental Examiners under Section 254.013, Occupations Code,
  subject to the limitations imposed by that section;
               (34) [(35)]  investigators commissioned by the Texas
  Juvenile Justice Department as officers under Section 221.011,
  Human Resources Code; and
               (35) [(36)]  the fire marshal and any related officers,
  inspectors, or investigators commissioned by a county under
  Subchapter B, Chapter 352, Local Government Code.
         SECTION 2.  Section 4, Article 18.20, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 4.  OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED.  
  A judge of competent jurisdiction may issue an order authorizing
  interception of wire, oral, or electronic communications only if
  the prosecutor applying for the order shows probable cause to
  believe that the interception will provide evidence of the
  commission of:
               (1)  a felony under Section 19.02, 19.03, or 43.26,
  Penal Code;
               (2)  a felony under:
                     (A)  Chapter 481, Health and Safety Code, other
  than felony possession of marihuana;
                     (B)  Section 485.032, Health and Safety Code; or
                     (C)  Chapter 483, Health and Safety Code;
               (3)  an offense under Section 20.03 or 20.04, Penal
  Code;
               (4)  an offense under Chapter 20A, Penal Code;
               (5)  an offense under Chapter 34, Penal Code, if the
  criminal activity giving rise to the proceeds involves the
  commission of an offense under Title 5, Penal Code, or an offense
  under federal law or the laws of another state containing elements
  that are substantially similar to the elements of an offense under
  Title 5;
               (6)  an offense under Section 38.11, Penal Code; [or]
               (7)  an offense under Section 43.04 or 43.05, Penal
  Code; or
               (8)  an attempt, conspiracy, or solicitation to commit
  an offense listed in this section.
         SECTION 3.  Article 59.01(2), Code of Criminal Procedure, as
  amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the
  83rd Legislature, Regular Session, 2013, is reenacted and amended
  to read as follows:
               (2)  "Contraband" means property of any nature,
  including real, personal, tangible, or intangible, that is:
                     (A)  used in the commission of:
                           (i)  any first or second degree felony under
  the Penal Code;
                           (ii)  any felony under Section 15.031(b),
  20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
  33A, or 35, Penal Code;
                           (iii)  any felony under The Securities Act
  (Article 581-1 et seq., Vernon's Texas Civil Statutes); or
                           (iv)  any offense under Chapter 49, Penal
  Code, that is punishable as a felony of the third degree or state
  jail felony, if the defendant has been previously convicted three
  times of an offense under that chapter;
                     (B)  used or intended to be used in the commission
  of:
                           (i)  any felony under Chapter 481, Health
  and Safety Code (Texas Controlled Substances Act);
                           (ii)  any felony under Chapter 483, Health
  and Safety Code;
                           (iii)  a felony under Chapter 151, Finance
  Code;
                           (iv)  any felony under Chapter 34, Penal
  Code;
                           (v)  a Class A misdemeanor under Subchapter
  B, Chapter 365, Health and Safety Code, if the defendant has been
  previously convicted twice of an offense under that subchapter;
                           (vi)  any felony under Chapter 32, Human
  Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
  involves the state Medicaid program;
                           (vii)  a Class B misdemeanor under Chapter
  522, Business & Commerce Code;
                           (viii)  a Class A misdemeanor under Section
  306.051, Business & Commerce Code;
                           (ix)  any offense under Section 42.10, Penal
  Code;
                           (x)  any offense under Section 46.06(a)(1)
  or 46.14, Penal Code;
                           (xi)  any offense under Chapter 71, Penal
  Code;
                           (xii)  any offense under Section 20.05 or
  20.06, Penal Code; or
                           (xiii) [(xiv)]  an offense under Section
  326.002, Business & Commerce Code;
                     (C)  the proceeds gained from the commission of a
  felony listed in Paragraph (A) or (B) of this subdivision, a
  misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
  this subdivision, or a crime of violence;
                     (D)  acquired with proceeds gained from the
  commission of a felony listed in Paragraph (A) or (B) of this
  subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
  or (xi) of this subdivision, or a crime of violence;
                     (E)  used to facilitate or intended to be used to
  facilitate the commission of a felony under Section 15.031 or
  43.25, Penal Code; or
                     (F)  used to facilitate or intended to be used to
  facilitate the commission of a felony under Section 20A.02 or
  Chapter 43, Penal Code.
         SECTION 4.  Subchapter B, Chapter 402, Government Code, is
  amended by adding Section 402.038 to read as follows:
         Sec. 402.038.  TRANSNATIONAL AND ORGANIZED CRIME DIVISION.  
  (a)  The office of the attorney general shall establish a
  transnational and organized crime division.
         (b)  To address matters related to border security and
  organized crime, the transnational and organized crime division
  shall:
               (1)  establish within the division a prosecution unit
  to provide critical assistance to local prosecutors;
               (2)  using existing funds, establish within the
  division a trafficking of persons unit to:
                     (A)  assist local law enforcement agencies and
  local prosecutors in investigating and prosecuting trafficking of
  persons and related crimes; and
                     (B)  work with the appropriate local and state
  agencies to identify victims of trafficking of persons and to
  provide the types of assistance available for those victims under
  Chapter 56, Code of Criminal Procedure; and
               (3)  develop initiatives to provide greater state
  assistance, support, and coordination among state law enforcement
  agencies, local law enforcement agencies, and local prosecutors.
         (c)  Prosecution assistance provided by the division under
  this section shall be in accordance with the assistance authorized
  under Section 402.028.
         SECTION 5.  Section 411.0043, Government Code, is amended to
  read as follows:
         Sec. 411.0043.  TECHNOLOGY POLICY; REVIEW.  (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 the
  public is able to interact with the department on the Internet.
         (b)  The department shall periodically:
               (1)  review the department's existing information
  technology system to determine whether:
                     (A)  the system's security should be upgraded; and
                     (B)  the system provides the department with the
  best ability to monitor and investigate criminal activity on the
  Internet; and
               (2)  make any necessary improvements to the
  department's information technology system.
         SECTION 6.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.0163 to read as follows:
         Sec. 411.0163.  HIRING OFFICERS WITH PREVIOUS LAW
  ENFORCEMENT EXPERIENCE.  Notwithstanding any other provision of
  law, the department may, at the time a commissioned officer is
  hired, elect to credit up to four years of experience as a peace
  officer in the state as years of service for the purpose of
  calculating the officer's salary under Schedule C.  All officers
  are subject to the one-year probationary period under Section
  411.007(g) notwithstanding the officer's rank or salary
  classification.
         SECTION 7.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.0164 to read as follows:
         Sec. 411.0164.  50-HOUR WORKWEEK FOR COMMISSIONED OFFICERS.  
  Notwithstanding any other law, the department may implement a
  10-hour workday and 50-hour workweek for commissioned officers of
  the department.
         SECTION 8.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.0165 to read as follows:
         Sec. 411.0165.  VETERAN APPLICANTS FOR TROOPER TRAINING.  
  The department may accept a person applying to the department's
  trooper trainee academy if the person:
               (1)  has served four or more years in the United States
  armed forces as a member of the military police or other security
  force and received an honorable discharge; and
               (2)  meets all other department requirements for a
  commissioned officer.
         SECTION 9.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Sections 411.0208 and 411.0209 to read as
  follows:
         Sec. 411.0208.  RESERVE OFFICER CORPS.  (a)  The commission
  may provide for the establishment of a reserve officer corps
  consisting of retired or previously commissioned officers of the
  department who retired or resigned in good standing.
         (b)  The commission shall establish qualifications and
  standards of training for members of the reserve officer corps.
         (c)  The commission may limit the size of the reserve officer
  corps.
         (d)  The director shall appoint the members of the reserve
  officer corps.  Members serve at the director's discretion.
         (e)  The director may call the reserve officer corps into
  service at any time the director considers it necessary to have
  additional officers to assist the department in conducting
  background investigations, sex offender compliance checks, and
  other duties as determined necessary by the director.
         Sec. 411.0209.  DEPARTMENT ASSISTANCE AT INTERNATIONAL
  BORDER CHECKPOINTS.  (a)  To prevent the unlawful transfer of
  contraband from this state to the United Mexican States and other
  unlawful activity, the department shall implement a strategy for
  providing to federal authorities and to local law enforcement
  authorities working with those federal authorities at
  international border checkpoints assistance in the interdiction of
  weapons, bulk currency, stolen vehicles, and other contraband, and
  of fugitives, being smuggled into the United Mexican States.
         (b)  The department may share with the federal government the
  cost of staffing any international border checkpoints for the
  purposes described by this section.
         (c)  The director and applicable local law enforcement
  authorities shall adopt procedures as necessary to administer this
  section.
         SECTION 10.  Subchapter D, Chapter 411, Government Code, is
  amended by adding Section 411.054 to read as follows:
         Sec. 411.054.  INCIDENT-BASED CRIME STATISTICS REPORTING
  GOAL.  (a)  The department shall establish a goal that, not later
  than September 1, 2019, all local law enforcement agencies:
               (1)  will have implemented an incident-based reporting
  system that meets the reporting requirements of the National
  Incident-Based Reporting System of the Uniform Crime Reporting
  Program of the Federal Bureau of Investigation; and
               (2)  will use the system described by Subdivision (1)
  to submit to the department information and statistics concerning
  criminal offenses committed in the jurisdiction of the local law
  enforcement agency.
         (b)  Not later than January 1, 2017, the department shall
  submit a report to the legislature that identifies the number of
  local law enforcement agencies that have implemented the system
  described by Subsection (a).
         SECTION 11.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.0141 to read as follows:
         Sec. 411.0141.  MULTIUSE TRAINING FACILITY.  (a)  The Texas
  Facilities Commission shall construct a multiuse training facility
  to be used by the department, the Texas military forces, county and
  municipal law enforcement agencies, and any other military or law
  enforcement agency, including agencies of the federal government,
  for training purposes.
         (b)  The Texas Facilities Commission, with the assistance of
  the department, shall locate and acquire real property for the
  purpose of constructing the training facility.  The governing body
  of a county or municipality, on behalf of the county or
  municipality, may donate real property to the department for the
  training facility.The donation may be in fee simple or otherwise.
         (c)  The department shall, with the assistance of the Texas
  Facilities Commission, design the training facility.
         (d)  On completion of the construction of the training
  facility, the Texas Facilities Commission shall transfer ownership
  of the training facility, including the real property and
  buildings, to the department.
         (e)  The department shall manage the training facility and
  may adopt rules necessary to implement this section.  The
  department shall make the training facility available for use by
  the department, the Texas military forces, county and municipal law
  enforcement agencies, and any other military or law enforcement
  agency, including agencies of the federal government.  The
  department may set and collect fees for the use of the training
  facility.
         SECTION 12.  Section 772.007, Government Code, is reenacted
  to read as follows:
         Sec. 772.007.  TEXAS ANTI-GANG GRANT PROGRAM.  (a)  The
  criminal justice division established under Section 772.006 shall
  administer a competitive grant program to support regional,
  multidisciplinary approaches to combat gang violence through the
  coordination of gang prevention, intervention, and suppression
  activities.
         (b)  The grant program administered under this section must
  be directed toward regions of this state that have demonstrably
  high levels of gang violence.
         (c)  The criminal justice division shall award grants to
  qualified applicants, as determined by the division, that
  demonstrate a comprehensive approach that balances gang
  prevention, intervention, and suppression activities to reduce
  gang violence.
         (d)  The criminal justice division shall include in the
  biennial report required by Section 772.006(a)(9) detailed
  reporting of the results and performance of the grant program
  administered under this section.
         (e)  The criminal justice division may use any revenue
  available for purposes of this section.
         SECTION 13.  Chapter 362, Local Government Code, is amended
  by adding Section 362.005 to read as follows:
         Sec. 362.005.  TEXAS TRANSNATIONAL INTELLIGENCE CENTER.  
  (a)  The sheriff's department of a county with a population of at
  least 700,000 but not more than 800,000 that borders the
  Texas-Mexico border and the police department of the municipality
  having the largest population in that county shall jointly
  establish and operate the Texas Transnational Intelligence Center
  as a central repository of real-time intelligence relating to:
               (1)  autopsies in which the person's death is likely
  connected to transnational criminal activity;
               (2)  criminal activity in the counties along the
  Texas-Mexico border and certain other counties; and
               (3)  other transnational criminal activity in the
  state.
         (b)  The Texas Department of Public Safety shall assist the
  county sheriff's department and the municipal police department in
  the establishment and operation of the center.
         (c)  Each law enforcement agency in a county located along
  the Texas-Mexico border or in a county that contains a federal
  checkpoint shall report to the Texas Transnational Intelligence
  Center intelligence regarding criminal activity in the law
  enforcement agency's jurisdiction, including details on
  kidnappings, home invasions, and incidents of impersonation of law
  enforcement officers.  The Texas Alcoholic Beverage Commission and
  Parks and Wildlife Department shall report to the center
  intelligence regarding transnational criminal activity in the
  agency's jurisdiction.
         (d)  The intelligence in the Texas Transnational
  Intelligence Center shall be made available to each law enforcement
  agency in the state and the Texas Alcoholic Beverage Commission and
  Parks and Wildlife Department.
         (e)  The Texas Transnational Intelligence Center shall
  comply with Section 421.085, Government Code, and the rules
  relating to that section.
         SECTION 14.  Section 20.05, Penal Code, is amended to read as
  follows:
         Sec. 20.05.  SMUGGLING OF PERSONS.  (a)  A person commits an
  offense if the person, with the intent to obtain a pecuniary
  benefit, knowingly:
               (1)  [intentionally] uses a motor vehicle, aircraft,
  [or] watercraft, or other means of conveyance to transport an
  individual with the intent to:
                     (A) [(1)]  conceal the individual from a peace
  officer or special investigator; or
                     (B) [(2)]  flee from a person the actor knows is a
  peace officer or special investigator attempting to lawfully arrest
  or detain the actor; or
               (2)  encourages or induces a person to enter or remain
  in this country in violation of federal law by concealing,
  harboring, or shielding that person from detection.
         (b)  An [Except as provided by Subsection (c), an] offense
  under this section is [a state jail felony.
         [(c)  An offense under this section is] a felony of the third
  degree, except that [if the actor commits] the offense is:
               (1)  a felony of the second degree if:
                     (A)  the actor commits the offense [for pecuniary
  benefit; or
               [(2)]  in a manner that creates a substantial
  likelihood that the smuggled [transported] individual will suffer
  serious bodily injury or death; or
                     (B)  the smuggled individual is a child younger
  than 18 years of age at the time of the offense; or
               (2)  a felony of the first degree 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.
         (c) [(d)]  It is an affirmative defense to prosecution of an
  offense under this section, other than an offense punishable under
  Subsection (b)(1)(A) or (b)(2), that the actor is related to the
  smuggled [transported] individual within the second degree of
  consanguinity or, at the time of the offense, within the second
  degree of affinity.
         (d) [(e)]  If conduct constituting an offense under this
  section also constitutes an offense under another section of this
  code, the actor may be prosecuted under either section or under both
  sections.
         SECTION 15.  Chapter 20, Penal Code, is amended by adding
  Section 20.06 to read as follows:
         Sec. 20.06.  CONTINUOUS SMUGGLING OF PERSONS.  (a)  A person
  commits an offense if, during a period that is 10 or more days in
  duration, the person engages two or more times in conduct that
  constitutes an offense under Section 20.05.
         (b)  If a jury is the trier of fact, members of the jury are
  not required to agree unanimously on which specific conduct engaged
  in by the defendant constituted an offense under Section 20.05 or on
  which exact date the defendant engaged in that conduct.  The jury
  must agree unanimously that the defendant, during a period that is
  10 or more days in duration, engaged two or more times in conduct
  that constitutes an offense under Section 20.05.
         (c)  If the victim of an offense under Subsection (a) is the
  same victim as a victim of an offense under Section 20.05, a
  defendant may not be convicted of the offense under Section 20.05 in
  the same criminal action as the offense under Subsection (a),
  unless the offense under Section 20.05:
               (1)  is charged in the alternative;
               (2)  occurred outside the period in which the offense
  alleged under Subsection (a) was committed; or
               (3)  is considered by the trier of fact to be a lesser
  included offense of the offense alleged under Subsection (a).
         (d)  A defendant may not be charged with more than one count
  under Subsection (a) if all of the conduct that constitutes an
  offense under Section 20.05 is alleged to have been committed
  against the same victim.
         (e)  Except as provided by Subsections (f) and (g), an
  offense under this section is a felony of the second degree.
         (f)  An offense under this section is a felony of the first
  degree 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.
         (g)  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, if:
               (1)  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
               (2)  the smuggled individual suffered serious bodily
  injury or death.
         SECTION 16.  Sections 71.02(a) and (b), Penal Code, are
  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,
  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 children,
  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
  through forgery, fraud, misrepresentation, or deception;
               (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
               (18)  any offense classified as a felony under the Tax
  Code.
         (b)  Except as provided in Subsections (c) and (d), an
  offense under this section is one category higher than the most
  serious offense listed in Subsection (a) that was committed, and if
  the most serious offense is a Class A misdemeanor, the offense is a
  state jail felony, except that the offense is a felony of the first
  degree punishable by imprisonment in the Texas Department of
  Criminal Justice for:
               (1)  life without parole, if the most serious offense
  is an aggravated sexual assault and if at the time of that offense
  the defendant is 18 years of age or older and:
                     (A)  the victim of the offense is younger than six
  years of age;
                     (B)  the victim of the offense is younger than 14
  years of age and the actor commits the offense in a manner described
  by Section 22.021(a)(2)(A); or
                     (C)  the victim of the offense is younger than 17
  years of age and suffered serious bodily injury as a result of the
  offense; [or]
               (2)  life or for any term of not more than 99 years or
  less than 30 years if the most serious offense is an offense under
  Section 20.06 that is punishable under Subsection (g) of that
  section; or
               (3)  life or for any term of not more than 99 years or
  less than 15 years if the most serious offense is an offense
  punishable as a felony of the first degree, other than an offense
  described by Subdivision (1) or (2).
         SECTION 17.  (a)  The lieutenant governor and the speaker of
  the house of representatives shall create a joint interim committee
  to study border security.
         (b)  The committee shall be composed of 10 members as
  follows:
               (1)  five members of the senate appointed by the
  lieutenant governor; and
               (2)  five members of the house of representatives
  appointed by the speaker of the house of representatives.
         (c)  The lieutenant governor and speaker of the house of
  representatives shall each designate a co-chair from among the
  committee members.
         (d)  The committee shall submit a full report, including
  findings and recommendations, to the 85th Legislature before it
  convenes in regular session in January of 2017.
         (e)  The lieutenant governor and the speaker of the house of
  representatives shall appoint the members of the committee created
  under this section as soon as possible after the effective date of
  this Act.
         SECTION 18.  The change in law made by this Act to Section 4,
  Article 18.20, Code of Criminal Procedure, applies only to an
  application for an interception order filed on or after the
  effective date of this Act.  An application for an interception
  order filed before the effective date of this Act is governed by the
  law in effect on the date the application was filed, and the former
  law is continued in effect for that purpose.
         SECTION 19.  Not later than December 1, 2015, the office of
  the attorney general shall establish the transnational and
  organized crime division as required by Section 402.038, Government
  Code, as added by this Act.
         SECTION 20.  The changes in law made by this Act to Sections
  20.05 and 71.02, Penal Code, apply 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 21.  To the extent of any conflict, this Act prevails
  over another Act of the 84th Legislature, Regular Session, 2015,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 22.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 11 was passed by the House on March
  19, 2015, by the following vote:  Yeas 130, Nays 11, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 11 on May 28, 2015, by the following vote:  Yeas 122, Nays 22, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 11 was passed by the Senate, with
  amendments, on May 26, 2015, by the following vote:  Yeas 27, Nays
  4.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor