Subscribe to receive our Floor Reports covering all the action on the Texas House and Senate floor!
Relating to the prosecution of organized criminal activity involving the interception, use, or disclosure of certain communications.
The Legislative Budget Board does not anticipate any significant fiscal impact to the state.
HB 869 would add unlawful interception, use, or disclosure of oral, wire or electronic communication and any felony under the Tax Code to the list of offenses which can constitute engaging in organized criminal activity.
Texas Action is neutral on HB 869 because it neither advances nor hinders any of our liberty principles. This bill does add significant enhancement to the penalty for unlawful interception of a communication, which we would usually oppose. However, this bill has significant mens rea protections, because "intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang" must be proven for the unlawful interception to be qualify as engaging in organized crime.