HB 4982

relating to hate crimes, including criminal and civil liability for
those crimes and the hate crime prevention grant program;
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  This Act shall be known as the Texas Hate Crimes
Prevention and Victim Protection Act.
SECTION 2.  Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 100B to read as follows:
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
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:
(2)  except as provided by Subdivision (3), exemplary
damages in an amount not to exceed three times the amount of actual
(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
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
SECTION 3.  Article 7B.101, Code of Criminal Procedure, is
Art. 7B.101.  REQUEST FOR PROTECTIVE ORDER.  A person may
request the court to issue a protective order under Title 4, Family
Code, for the protection of the person at any proceeding:
(1)  in which the defendant appears in constitutional
county court, statutory county court, or district court;
(2)  that is related to an offense under Title 5, Penal
Code, or Section 28.02, 28.03, [or] 28.08, 42.0601, or 42.074,
(3)  in which it is alleged that the defendant
committed the offense because of bias or prejudice as described by
SECTION 4.  Article 7B.102, Code of Criminal Procedure, is
Art. 7B.102.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER.  The court shall issue a protective order in the manner
provided by Title 4, Family Code, if, in lieu of the finding that
family violence occurred as required by Section 85.001, Family
(1)  probable cause exists to believe that an offense
under Title 5, Penal Code, or Section 28.02, 28.03, [or] 28.08,
42.0601, or 42.074, Penal Code, was committed;
(2)  the defendant committed the offense because of
(3)  the nature of the scheme or course of conduct
engaged in by the defendant in committing the offense indicates the
defendant is likely in the future to:
(A)  engage in conduct prohibited by Title 5,
Penal Code, or Section 28.02, 28.03, [or] 28.08, 42.0601, or
(B)  engage in that conduct described by Paragraph
(A) because of bias or prejudice.
SECTION 5.  Articles 42.014(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a)  In the trial of an offense under Title 5, Penal Code, or
Section 28.02, 28.03, 28.08, [or] 42.0601, or 42.074, Penal Code,
the judge shall make an affirmative finding of fact and enter the
affirmative finding in the judgment of the case if at the guilt or
innocence phase of the trial, the judge or the jury, whichever is
the trier of fact, determines beyond a reasonable doubt that the
defendant intentionally selected the person against whom the
offense was committed, or intentionally selected the person's
property that was damaged or affected as a result of the offense,
because of the defendant's 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, [or] judge, or homeless person.
(b)  The sentencing judge shall [may], as a condition of
punishment, require attendance in an educational program to further
tolerance and acceptance of others.
SECTION 6.  Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.040 to read as follows:
Sec. 402.040.  HATE CRIME PREVENTION GRANT PROGRAM.  (a)  In
(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
(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
(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
(d)  The attorney general shall establish:
(1)  additional eligibility criteria for grant program
(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
(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
SECTION 7.  Section 411.046, Government Code, is amended by
adding Subsections (d) and (e) to read as follows:
(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
SECTION 8.  Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Section 1701.273 to read as follows:
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
(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),
(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
(c)  The commission shall require a law enforcement officer
(1)  the training required under this section; or
(2)  another training equivalent to the training
program required under this section, as determined by the
SECTION 9.  Section 12.47(a), Penal Code, is amended to read
(a)  If an affirmative finding under Article 42.014, Code of
Criminal Procedure, is made in the trial of an offense other than a
first degree felony or a Class A misdemeanor, the punishment for the
offense is increased to the punishment prescribed for the next
highest category of offense.  If the offense is a first degree
felony, the minimum term of imprisonment for the offense is
increased to 15 years.  If the offense is a Class A misdemeanor, the
minimum term of confinement for the offense is increased to 180
days.  This section does not apply to the trial of an offense of
injury to a disabled individual under Section 22.04, if the
affirmative finding in the case under Article 42.014, Code of
Criminal Procedure, shows that the defendant intentionally
selected the victim because the victim was disabled.
SECTION 10.  Section 25.071(a), Penal Code, is amended to
(a)  A person commits an offense if, in violation of an order
issued under Subchapter C, Chapter 7B, Code of Criminal Procedure,
the person knowingly or intentionally:
(1)  commits an offense under Title 5 or Section 28.02,
28.03, [or] 28.08, 42.0601, or 42.074, and commits the offense
because of bias or prejudice as described by Article 42.014, Code of
(A)  directly with a protected individual in a
threatening or harassing manner;
(B)  a threat through any person to a protected
(C)  in any manner with the protected individual,
if the order prohibits any communication with a protected
(3)  goes to or near the residence or place of
employment or business of a protected individual.
SECTION 11.  (a)  Chapter 100B, Civil Practice and Remedies
Code, as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act.
(b)  The changes in law made by this Act in amending Chapter
7B, Code of Criminal Procedure, apply only to a protective order
issued on or after the effective date of this Act.  A protective
order issued before the effective date of this Act is governed by
the law in effect on the date the order was issued, and the former
law is continued in effect for that purpose.
(c)  A law enforcement officer who, on September 1, 2025,
holds a license under Chapter 1701, Occupations Code, shall
complete the training required by Section 1701.273, Occupations
Code, as added by this Act, not later than September 1, 2027.
(d)  As soon as practicable after the effective date of this
Act, the Texas Commission on Law Enforcement shall adopt rules to
implement the changes in law made by Section 1701.273, Occupations
(e)  The changes in law made by this Act in amending Articles
42.014(a) and (b), Code of Criminal Procedure, and Sections
12.47(a) and 25.071(a), Penal Code, apply 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 12.  This Act takes effect September 1, 2025.