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.