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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for engaging in certain conduct |
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involving a critical infrastructure facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Critical |
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Infrastructure Protection Act. |
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SECTION 2. Subtitle B, Title 4, Government Code, is amended |
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by adding Chapter 424 to read as follows: |
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CHAPTER 424. PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES |
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Sec. 424.001. DEFINITION. In this chapter, "critical |
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infrastructure facility" has the meaning assigned by Section |
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30.05(b)(7), Penal Code, and also includes a critical |
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infrastructure facility that is being constructed and all of the |
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equipment and appurtenances used during that construction. |
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Sec. 424.002. LIABILITY FOR DAMAGE TO CRITICAL |
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INFRASTRUCTURE FACILITY. (a) A defendant who engages in conduct |
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constituting an offense under Section 30.05(d)(3)(A)(iii), Penal |
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Code, and who also damages, destroys, vandalizes, defaces, or |
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tampers with a critical infrastructure facility is liable to the |
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property owner for damages arising from that conduct. |
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(b) It is not a defense to liability under this section that |
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a defendant has been acquitted or has not been prosecuted or |
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convicted under Section 30.05(d)(3)(A)(iii), Penal Code, or has |
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been convicted of a different offense or of a different type or |
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class of offense, for the conduct that is alleged to give rise to |
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liability under this section. |
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Sec. 424.003. CERTAIN VICARIOUS LIABILITY. Regardless of |
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the relationship between the organization and the person, an |
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organization that compensates a person for engaging in conduct |
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occurring on the premises of a critical infrastructure facility is |
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vicariously liable to the property owner, as provided by this |
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chapter, for damages arising from the conduct if the conduct |
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constituted an offense under Section 30.05(d)(3)(A)(iii), Penal |
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Code. |
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Sec. 424.004. DAMAGES. (a) A claimant who prevails in a |
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suit under Sections 424.002 or 424.003 shall be awarded: |
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(1) actual damages, including damages for mental |
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anguish even if an injury other than mental anguish is not shown; |
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(2) court costs; and |
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(3) reasonable attorney's fees. |
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(b) In addition to an award under Subsection (a) and |
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notwithstanding Section 41.008(c), Civil Practices and Remedies |
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Code, a claimant who prevails in a suit under Section 424.002 or |
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424.003 may recover exemplary damages. |
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Sec. 424.005. CAUSE OF ACTION CUMULATIVE. The cause of |
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action created by Sections 424.002 or 424.003 is cumulative of any |
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other remedy provided by common law or statute. |
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Sec. 424.006. NONAPPLICABILITY. Chapter 27, Civil |
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Practices and Remedies Code, does not apply to a cause of action |
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under this chapter. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. |
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If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |