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  S.B. No. 1900
 
 
 
 
AN ACT
  relating to foreign terrorist organizations, including the
  compilation of information regarding, certain civil actions
  brought against, and the prosecution of certain organized crime
  offenses involving a foreign terrorist organization and of
  sedition.
         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 557.001, Government Code, is amended by
  amending Subsection (a) and adding Subsection (b-1) to read as
  follows:
         (a)  A person commits an offense if the person knowingly:
               (1)  commits, attempts to commit, or conspires with one
  or more persons to commit an act intended to overthrow,
  destabilize, destroy, or alter the constitutional form of
  government of this state or of any political subdivision of this
  state by force, [or] violence, or a threat of force or violence;
               (2)  under circumstances that constitute a clear and
  present danger to the security of this state or a political
  subdivision of this state, advocates, advises, or teaches or
  conspires with one or more persons to advocate, advise, or teach a
  person to commit or attempt to commit an act described in
  Subdivision (1); or
               (3)  participates, with knowledge of the nature of the
  organization, in the management of an organization that engages in
  or attempts to engage in an act intended to overthrow, destabilize,
  destroy, or alter the constitutional form of government of this
  state or of any political subdivision of this state by force or
  violence.
         (b-1)  Notwithstanding Section 15.02(d), Penal Code, a
  conspiracy to commit an offense under this section is punishable in
  the same manner as an offense under this section.
         SECTION 18.  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 19.  Section 71.02, Penal Code, is amended to read as
  follows:
         Sec. 71.02.  ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.  
  (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.
         (b)  Except as provided in Subsections (c), [and] (d), and
  (e), 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;
               (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).
         (c)  Notwithstanding Section 15.02(d), a conspiracy 
  [Conspiring] to commit an offense under this section is punishable
  in [is of] the same manner as an offense under this section [degree
  as the most serious offense listed in Subsection (a) that the person
  conspired to commit].
         (d)  At the punishment stage of a trial, the defendant may
  raise the issue as to whether in voluntary and complete
  renunciation of the offense he withdrew from the combination before
  commission of an offense listed in Subsection (a) and made
  substantial effort to prevent the commission of the offense.  If
  the defendant proves the issue in the affirmative by a
  preponderance of the evidence the offense is the same category of
  offense as the most serious offense listed in Subsection (a) that is
  committed[, unless the defendant is convicted of conspiring to
  commit the offense, in which event the offense is one category lower
  than the most serious offense that the defendant conspired to
  commit].
         (e)  An offense that is punishable as a second degree felony
  or as any lower category of offense under Subsection (b) is one
  additional category higher than the category listed under
  Subsection (b) if the person used or exhibited a deadly weapon
  during the commission of one or more of the offenses listed under
  Subsection (a) and if an offense is punishable as a Class A
  misdemeanor under Subsection (b), the offense is a state jail
  felony.
         SECTION 20.  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 21.  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 22.  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 23.  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 24.  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 25.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1900 passed the Senate on
  April 12, 2023, by the following vote: Yeas 29, Nays 2; and that
  the Senate concurred in House amendments on May 25, 2023, by the
  following vote: Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1900 passed the House, with
  amendments, on May 22, 2023, by the following vote: Yeas 93,
  Nays 51, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor