HB 4982 — Relating to hate crimes, including criminal and civil liability for those crimes and the hate crime prevention grant program; increasing a criminal penalty.

Summary

Relating to hate crimes, including criminal and civil liability for those crimes and the hate crime prevention grant program; increasing a criminal penalty.

Bill Text

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 5 section(s) of the Texas statutes: Section 402.040, Government Code, Section 411.046, Government Code, Section 1701.273, Occupations Code, Section 12.47(a), Penal Code, Section 25.071(a), Penal Code.

• CHAPTER 100B. LIABILITY FOR HATE CRIMES Sec. 100B.001. DEFINITION. In this chapter, "hate crime" means conduct constituting an offense in which the victim or the victim's property is selected because of a bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender or gender identity, or sexual preference or by status as a peace officer, judge, or homeless person. Sec. 100B.002. LIABILITY FOR HATE CRIMES. A person who commits a hate crime is liable to the victim of the hate crime for damages incurred by the victim as a result of the crime. Sec. 100B.003. DAMAGES. A prevailing claimant in an action brought under this chapter may recover: (1) actual damages; (2) except as provided by Subdivision (3), exemplary damages in an amount not to exceed three times the amount of actual damages; (3) if a defendant threatens, intimidates, or harasses the claimant or a witness during the action, additional exemplary damages of $25,000 against that defendant; and (4) court costs and attorney's fees incurred in bringing the action. Sec. 100B.004. CONVICTION NOT REQUIRED. A criminal conviction for which an affirmative finding of bias or prejudice is made under Article 42.014, Code of Criminal Procedure, is not required to prove liability in an action brought under this chapter.

  amended

• or → 42.0601, or 42.074,

  amended

• or or → 42.0601, or 42.074, 42.0601, or 42.074,

  amended

• or or may → or 42.074, or gender identity , , or homeless person shall

  amended

• Section 402.040, Government Code

  Sec. 402.040. HATE CRIME PREVENTION GRANT PROGRAM. (a) In this section: (1) "Grant program" means the hate crime prevention grant program established under this section. (2) "Hate crime" means an offense in which the victim or the victim's property is selected because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure. (b) The attorney general shall establish and administer a grant program to award grants to: (1) eligible law enforcement agencies that investigate hate crimes; and (2) eligible crime victim assistance programs that provide assistance to victims of hate crimes. (c) Money awarded under the grant program may be used only to: (1) assist law enforcement officers in investigating hate crimes according to best practices identified in the instruction described by Section 1701.273, Occupations Code; or (2) provide resources and other assistance to victims of hate crimes. (d) The attorney general shall establish: (1) additional eligibility criteria for grant program applicants; (2) grant program application procedures; (3) guidelines relating to grant amounts; (4) procedures for evaluating grant applications; and (5) procedures for monitoring the use of a grant awarded under the grant program and ensuring compliance with any conditions of a grant. (e) The attorney general shall award grants as provided by this section from available money, including money appropriated for the purpose of the grant program. The attorney general may accept gifts, grants, and donations from any source for the purpose of the grant program.

  added

• Section 411.046, Government Code

  (d) The bureau of identification and records shall publish, on the bureau's Internet website and at regular intervals as prescribed by rules adopted by the department, the number of offenses and the type of offenses reported to the bureau by local law enforcement agencies under Subsection (b). (e) Not later than January 31 of each year, the bureau of identification and records shall submit a written report to the governor and the legislature that includes the number of offenses and the type of offenses reported to the bureau by local law enforcement agencies under Subsection (b) during the preceding calendar year.

  amended

• Section 1701.273, Occupations Code

  Sec. 1701.273. HATE CRIME AWARENESS TRAINING PROGRAM. (a) The commission shall establish a hate crime awareness training program for law enforcement officers. The training program must include instruction on: (1) identifying and investigating hate crimes; (2) interacting with victims of hate crimes; and (3) reporting hate crimes, including: (A) mandatory reporting of hate crimes to the Department of Public Safety as required by Section 411.046(b), Government Code; and (B) voluntary reporting of hate crimes to the Federal Bureau of Investigation. (b) The commission shall consult with federal, state, and local law enforcement agencies in developing the training program required by this section. (c) The commission shall require a law enforcement officer to biennially complete: (1) the training required under this section; or (2) another training equivalent to the training program required under this section, as determined by the commission.

  added

• Section 12.47(a), Penal Code

  If the offense is a first degree felony, the minimum term of imprisonment for the offense is increased to 15 years.

  amended

• Section 25.071(a), Penal Code

  or → , 42.0601, or 42.074,

  amended

Action History

1. April 03, 2025

   Referred to State Affairs

2. April 03, 2025

   Read first time

3. March 13, 2025

   Filed

Sponsors

• Vikki Goodwin · Primary

Subjects