Relating to the landowner compensation program.

89(R) SB 2601 - Enrolled version - Bill Text

S.B. No. 2601

AN ACT

relating to the landowner compensation program.

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

SECTION 1. Article 56C.001(2), Code of Criminal Procedure,

is amended to read as follows:

(2) "Border crime" means conduct:

(A) constituting an offense under:

(i) Subchapter D, Chapter 481, Health and

Safety Code;

(ii) Section 20.05
, 20.06,
or 38.04, Penal

Code; or

(iii) Chapter 20A, Penal Code; and

(B) involving transnational criminal activity.

SECTION 2. Article 56C.003, Code of Criminal Procedure, is

amended to read as follows:

Art. 56C.003. LANDOWNER COMPENSATION PROGRAM. (a) From

the funding sources described by Subsection (a-1)
[
money

appropriated for the purpose
], the attorney general shall establish

and administer a program to compensate landowners
and lessees
who

suffer real property damage
on agricultural land, or damage to

livestock, timber, or crops
on agricultural land
,
caused by:

(1) a trespasser as a result of an offense under

Chapter 28, Penal Code, that was committed in the course of or in

furtherance of a border crime; or

(2) a law enforcement response to a trespasser who was

engaged in a border crime.

(a-1)

The attorney general may use money from the following

sources to establish the program described by Subsection (a):

(1)

money appropriated, credited, or transferred by

the legislature for purposes of the program; and

(2)

grants and reimbursements received from the

federal government for purposes of the program.

(b) The attorney general shall establish:

(1) eligibility criteria for compensation under this

article, including requirements for providing proof of eligibility

for compensation;

(2) application procedures;

(3) criteria for evaluating applications and awarding

compensation;

(4) guidelines related to compensation amounts,

provided that the maximum amount awarded per incident causing

damage may not exceed
a total of
$75,000
and any portion of damages

attributable to livestock, timber, or crops may not exceed $10,000
;

and

(5) procedures for monitoring the use of compensation

awarded under this article and ensuring compliance with any

conditions of the award.

(b-1)

For purposes of Subsection (a), damage caused to

agricultural land includes any debris, pollutants, or contaminants

left on the land during the applicable incident, and compensation

awarded under this article may include an amount necessary to clean

up the debris, pollutants, or contaminants to restore the soil to

its agricultural use.

(c) The attorney general may not award compensation under

this article for [
real property
] damage caused by a trespasser

described by Subsection (a)(1) unless the damage is documented in a

written report by a law enforcement agency as having occurred in

connection with a border crime.

(c-1)

On request by the attorney general and not later than

the 14th business day after the date of the request, a law

enforcement agency shall release to the attorney general all

reports, including witness statements and criminal history record

information, to allow the attorney general to determine whether a

person qualifies for an award of compensation under this article

and the extent of the damage.

(c-2)

The attorney general may not award compensation under

this article to a lessee for real property damage caused by a

trespasser described by Subsection (a)(1) unless the lessee

provides a notarized statement from the landowner authorizing the

lessee to directly receive compensation awarded under this article

for the damage.

(d) In awarding compensation under this article for [
real

property
] damage caused by a trespasser described by Subsection

(a)(1), the attorney general may not consider the outcome of any

criminal prosecution arising out of
:

(1)
the offense under Chapter 28, Penal Code, as a

result of which the applicant suffered [
property
] damage
;
or

(2)
the applicable offense listed in Article

56C.001(2)(A).

SECTION 3. Article 56C.006(a), Code of Criminal Procedure,

is amended to read as follows:

(a) The program established under Article 56C.003 is a payer

of last resort for [
real property
] damage described by that

article.

SECTION 4. Sections 552.132(a), (b), (c), and (d),

Government Code, are amended to read as follows:

(a) Except as provided by Subsection (d), in this section,

"crime victim or claimant" means
:

(1)
a victim or claimant under Chapter 56B, Code of

Criminal Procedure, who has filed an application for compensation

under that chapter
; or

(2)

a person who has filed an application for

compensation under Chapter 56C, Code of Criminal Procedure
.

(b) The following information held by [
the crime victim's

compensation division of
] the attorney general's office
in

connection with an application for compensation under Chapter 56B

or 56C, Code of Criminal Procedure,
is confidential:

(1) the name, social security number, address, or

telephone number of a crime victim or claimant; or

(2) any other information the disclosure of which

would identify or tend to identify the crime victim or claimant.

(c) If the crime victim or claimant is awarded compensation

under Article 56B.103
,
[
or
] 56B.104
, or 56C.003
, Code of Criminal

Procedure, as of the date of the award of compensation, the name of

the crime victim or claimant and the amount of compensation awarded

to that crime victim or claimant are public information and are not

excepted from the requirements of Section 552.021.

(d) An employee of a governmental body who is also a victim

under Chapter 56B, Code of Criminal Procedure,
or has suffered

property damage for which the employee is eligible for compensation

under Chapter 56C of that code,
regardless of whether the employee

has filed an application for compensation under
the applicable

[
that
] chapter, may elect whether to allow public access to

information held by the attorney general's office or other

governmental body that would identify or tend to identify the

employee
[
victim
], including a photograph or other visual

representation of the
employee
[
victim
]. An election under this

subsection must be made in writing on a form developed by the

governmental body, be signed by the employee, and be filed with the

governmental body before the third anniversary of the latest to

occur of one of the following:

(1) the date the crime was committed
or the property

damage occurred, as applicable
;

(2) the date employment begins; or

(3) the date the governmental body develops the form

and provides it to employees.

SECTION 5. Section 2251.052, Insurance Code, is amended by

adding Subsection (a-1) to read as follows:

(a-1)

In setting rates, an insurer may not consider whether

a claim has been made by or on behalf of a policyholder in relation

to an event documented by a report described by Article 56C.003(c),

Code of Criminal Procedure.

SECTION 6. Chapter 56C, Code of Criminal Procedure, as

amended by this Act, applies only to compensation for damages

incurred in connection with conduct constituting an offense

occurring on or after the effective date of this Act. Compensation

for damages incurred in connection with conduct constituting an

offense occurring before the effective date of this Act is governed

by the law in effect on the date the conduct occurred, and the

former law is continued in effect for that purpose. For purposes of

this section, conduct constituting an offense occurred before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 7. Section 2251.052(a-1), Insurance Code, as added

by this Act, applies only to an insurance policy that is delivered,

issued for delivery, or renewed on or after January 1, 2026. A

policy delivered, issued for delivery, or renewed before January 1,

2026, 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 8. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 2601 passed the Senate on

April 24, 2025, by the following vote: Yeas 31, Nays 0;

May 26, 2025, Senate refused to concur in House amendments and

requested appointment of Conference Committee; May 27, 2025, House

granted request of the Senate; May 30, 2025, Senate adopted

Conference Committee Report by the following vote: Yeas 31,

Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2601 passed the House, with

amendments, on May 23, 2025, by the following vote: Yeas 139,

Nays 0, one present not voting; May 27, 2025, House granted request

of the Senate for appointment of Conference Committee;

May 31, 2025, House adopted Conference Committee Report by the

following vote: Yeas 129, Nays 0, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor