Texas 2023 - 88th Regular

Texas House Bill HB4635

Filed
3/9/23  
Out of House Committee
4/28/23  
Voted on by House
5/5/23  
Out of Senate Committee
5/21/23  
Voted on by Senate
5/23/23  
Governor Action
6/13/23  

Caption

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

Impact

The enactment of HB 4635 will lead to amendments in existing laws and introduce new definitions and penalties related to racketeering and unlawful debt collection. Specifically, it establishes civil remedies for victims and allows for the civil forfeiture of properties involved in racketeering activities. This act is poised to have a far-reaching impact on local prosecutors and investigative agencies by providing the authority to seize and manage properties connected to organized crime, thereby altering the landscape of law enforcement operations in Texas.

Summary

House Bill 4635, known as the Texas Racketeering Act, introduces significant legal measures against organized crime and racketeering activities within the state. The bill provides law enforcement and prosecutors with enhanced legal tools to enforce penalties against individuals and organizations involved in a range of unlawful activities, particularly focusing on the collection of unlawful debts. The act reinforces the existing frameworks of civil and criminal regulatory responses to organized crime, significantly modeled after federal-level RICO statutes, aiming to strengthen the capacity of state agencies to combat these issues more effectively.

Sentiment

The general sentiment around HB 4635 appears to be supportive among law enforcement agencies and related organizations, who advocate for its passage as a much-needed tool to better address organized crime in Texas. However, there are concerns among civil liberties groups and some legislators, who argue that the provisions could lead to overreach and potential abuses of power in the enforcement of racketeering laws. The debate thus raises critical questions about balancing effective law enforcement against the safeguarding of individual rights and due process.

Contention

The discussion surrounding HB 4635 has highlighted notable points of contention, particularly regarding the broad definitions of racketeering and unlawful debt that may extend the reach of law enforcement beyond traditional parameters. Critics worry about the implications for small businesses and individuals who might become targets of investigation under the newly defined offenses, fearing unjust penalties or asset forfeiture without sufficient safeguards. As the bill becomes law, its application and interpretation will be closely monitored, particularly to address any civil rights concerns arising from its enforcement.

Companion Bills

TX SB1788

Identical Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

Previously Filed As

TX S0076

Criminal Gang and Anti-Racketeering

TX H5062

Criminal Gang and Anti-Racketeering

TX H3520

SC Street Gang and Criminal Enterprise Prevention and Anti-Racketeering Act

TX SB2130

Relating to the regulation of certain transactions and activities involving the provision of veterinary services; authorizing civil penalties; creating criminal offenses.

TX HB265

Crimes and offenses; crimes of unlawful use of DNA created, criminal penalties provided

TX SB70

Add Racketeering Crimes

TX SB17

Relating to the purchase or acquisition of an interest in real property by certain aliens or foreign entities; creating a criminal offense; providing a civil penalty.

TX HB1049

To Amend Arkansas Law Concerning Criminal Offenses; And To Criminalize Unlawful Squatting.

TX HB449

Crimes and offenses; crimes of unlawful use of DNA in the first, second, and third degree created, criminal penalties provided

TX SB315

Relating to a property right in DNA; providing injunctive relief and a civil penalty; creating a criminal offense.

Similar Bills

CA SB1352

Property taxation: newly constructed: reconstructed property.

CA AB245

Property taxation: application of base year value: disaster relief.

CA SB1053

Property taxation: transfer of base year value: disaster relief.

CA SB603

An act to amend Section 69 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

HI HB1398

Relating To Property.

HI HB1398

Relating To Property.

TX HB2011

Relating to the right to repurchase from a condemning entity certain real property for which ad valorem taxes are delinquent.