89th Legislature

HB 133

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

HB 133 seeks to address and criminalize forms of foreign political coercion and intimidation known as transnational repression. The bill creates two new criminal offenses in the Texas Penal Code: Transnational Repression and Unauthorized Enforcement of Foreign Law. These provisions target individuals who act as agents of foreign governments or foreign terrorist organizations and engage in unlawful conduct on U.S. soil to suppress or retaliate against constitutionally protected speech or to compel cooperation with foreign regimes.

Under the bill, a person commits the offense of transnational repression if they conspire to or commit certain listed crimes, such as assault, trafficking, harassment, or coercion, with the intent to silence, punish, or control someone engaging in protected First Amendment activity. The offense is further qualified by requiring that the perpetrator act on behalf of a foreign government or foreign terrorist organization.

The second offense, unauthorized enforcement of foreign law, criminalizes attempts to use or impose a foreign legal judgment, procedure, or threat that violates fundamental U.S. or Texas constitutional rights. This aims to prevent informal or extrajudicial enforcement of foreign laws that contradict American civil liberties, including cases involving coercion or threats.

Additionally, HB 133 directs the Texas Commission on Law Enforcement to conduct a study and establish training programs for local and state law enforcement regarding the nature of transnational repression. The goal is to increase awareness among officers and ensure that Texas is equipped to identify and address threats from foreign state actors operating within the state.

In summary, HB 133 enhances protections for individual rights in Texas by targeting the activities of foreign agents seeking to suppress free speech and personal autonomy. It introduces both criminal deterrents and law enforcement tools to confront and curb foreign political interference in the lives of residents and citizens.

The Committee Substitute for HB 133 significantly refines and expands upon the originally filed version in both scope and enforcement provisions. At its core, both versions criminalize acts of transnational repression, where agents of foreign governments or terrorist organizations target individuals in Texas to suppress protected speech or coerce behavior in alignment with foreign objectives. However, the substitute version introduces a broader range of qualifying offenses and adds enhanced legal clarity.

One of the key differences is the expansion of the list of underlying crimes that may constitute transnational repression. While the original bill focused on assault, aggravated assault, harassment, and stalking, the substitute version adds human trafficking (Section 20A.02) and compelling prostitution (Section 43.05) to this list. This change reflects a broader concern with violent or coercive conduct frequently used by foreign agents to intimidate or control individuals, especially vulnerable populations.

The substitute also strengthens the penalty structure. While both versions elevate the punishment one level above the most serious underlying offense, the committee substitute establishes minimum sentencing thresholds—a 180-day minimum for certain misdemeanors and a 15-year minimum for the most severe felonies. These changes signal a legislative intent to treat such offenses with greater seriousness and deter foreign-directed repression through stronger punitive measures.

Finally, the committee substitute provides greater precision in definitions and constitutional alignment. It more clearly anchors the term “protected conduct” in both the U.S. and Texas Constitutions, ensuring the bill safeguards First Amendment liberties. Overall, the committee substitute reflects a more comprehensive and enforceable approach to addressing foreign political repression within the state of Texas.

Author
Janie Lopez
Greg Bonnen
Cole Hefner
Ryan Guillen
Co-Author
Jeffrey Barry
Ben Bumgarner
Giovanni Capriglione
David Cook
Pat Curry
Cody Harris
Janis Holt
Carrie Isaac
Brooks Landgraf
John McQueeney
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 133 is not expected to have a significant fiscal impact on the state. While the legislation creates new criminal offenses related to transnational repression and the unauthorized enforcement of foreign law, and requires the Department of Public Safety (DPS) to develop a related training program for law enforcement, both DPS and the Office of the Governor (OOG) anticipate that these obligations can be met within existing agency resources.

Additionally, the bill mandates a study on the threat of transnational repression to be conducted jointly by DPS and the OOG. Again, these activities are expected to be manageable without necessitating new appropriations. The Office of Court Administration did note there could be some costs associated with processing the new criminal offenses; however, these are assumed to be absorbable within current operational budgets.

As for the broader criminal justice system, the fiscal note highlights uncertainty about the potential impact on correctional populations or demands on state correctional facilities. Because transnational repression is a relatively novel legal category, there is insufficient data to estimate how often these new offenses might be prosecuted or lead to incarceration.

In terms of local government impact, the analysis concludes that no significant fiscal effects are expected for counties, municipalities, or other local entities. This implies that while local law enforcement may receive training under the bill, the implementation and enforcement of the provisions are not projected to impose substantial new costs.

Vote Recommendation Notes

HB 133 is a well-structured legislative effort to address the emerging threat of transnational repression—a form of foreign coercion where oppressive governments or terrorist organizations attempt to silence or intimidate individuals on U.S. soil. The bill criminalizes such actions when carried out or conspired by agents of foreign regimes and strengthens Texas’s ability to protect residents, including dissidents, activists, and immigrants, from this type of foreign interference.

The bill also creates a related offense for the unauthorized enforcement of foreign laws within Texas, further affirming the state's sovereignty and commitment to constitutional rights. By empowering the Department of Public Safety to develop a specialized training program and directing a collaborative state study with the Governor's Office, the bill promotes proactive law enforcement education and strategic response to foreign threats without granting any new rulemaking authority or requiring significant new expenditures, as confirmed in the fiscal note.

The underlying policy aims are firmly rooted in liberty principles: defending individual rights (free speech and due process), limiting foreign and government overreach, and reinforcing personal safety and autonomy. 

Given its strong legal clarity, practical enforceability, and constitutional alignment, Texas Policy Research recommends that lawmakers vote YES on HB 133.

  • Individual Liberty: This is the bill's most directly impacted principle. The bill protects individuals in Texas from foreign actors seeking to suppress constitutionally protected freedoms, particularly speech, expression, and political activity. By criminalizing attempts to retaliate against, coerce, or surveil people on behalf of foreign governments or terrorist organizations, the legislation reinforces the First Amendment and Article I, Section 8 of the Texas Constitution. This ensures that Texans are not subject to the fear or consequences of expressing dissent against foreign regimes.
  • Personal Responsibility: The bill promotes accountability by imposing criminal penalties on individuals acting on behalf of foreign entities who violate Texas law and individual rights. It holds these actors personally responsible for their participation in coercive schemes, even if directed by a foreign power. This reinforces the idea that individuals are accountable for actions that infringe upon the freedoms of others, regardless of who instructs them.
  • Free Enterprise: While not directly aimed at commercial activity, the bill indirectly supports free enterprise by providing a safer and freer environment for individuals who may be targeted due to business, political, or journalistic activities that offend foreign regimes. Entrepreneurs, journalists, and activists—particularly those from repressive countries—are better able to operate in Texas without fear of foreign retaliation. This fosters a climate of open expression and free market ideas.
  • Private Property Rights: Though the bill does not directly modify property law, it strengthens the protection of personal security and autonomy, which are foundational to property rights. By criminalizing foreign surveillance and coercion, the bill helps prevent intrusions into personal lives and private spaces, both physical and digital.
  • Limited Government: Importantly, the bill is narrowly tailored to prevent foreign overreach, not expand domestic surveillance or regulatory powers. It avoids creating broad new bureaucratic structures and does not grant sweeping rulemaking authority to state agencies. Instead, it focuses on targeted law enforcement training and research, maintaining a limited scope while effectively addressing the threat of foreign influence.
View Bill Text and Status