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Texas Code of Criminal Procedure - CRIM P Art. § 56C.003. Landowner Compensation Program

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) From the funding sources described by Subsection (a-1), 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 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 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 damage;  or

(2)  the applicable offense listed in Article 56C.001(2)(A).

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 56C.003. Landowner Compensation Program - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-56c-003/

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