SB 2601

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 2601 proposes amendments to the Texas Code of Criminal Procedure and the Insurance Code to expand and strengthen the Landowner Compensation Program, which provides financial assistance to property owners affected by border-related criminal activity. The bill revises the definition of “border crime” to include additional offenses and clarifies that damages caused by trespassers in connection with such crimes, as well as damages resulting from law enforcement’s response to those crimes, are compensable under the program.

A key change introduced by the bill is the inclusion of lessees of agricultural land as eligible recipients of compensation, provided they have a notarized statement from the landowner granting authorization to receive funds. The bill also specifies that property damage includes the presence of debris, pollutants, or contaminants, and allows cleanup costs to be reimbursed. Additionally, the bill mandates that law enforcement agencies must share relevant reports with the attorney general within 14 business days of a request to assist in evaluating claims.

In a related provision, the bill adds a new subsection to the Insurance Code to ensure that insurers cannot use claims filed under this program as a basis for increasing premiums or otherwise penalizing policyholders. This change applies to insurance policies issued or renewed on or after January 1, 2026. The overall purpose of the legislation is to offer greater support to Texans affected by the consequences of criminal activity along the Texas-Mexico border while protecting them from insurance discrimination and administrative delays.

The Committee Substitute for SB 2601 refines and expands upon the originally filed version to enhance the functionality and implementation of the Landowner Compensation Program. While both versions aim to provide financial relief for landowners and lessees whose agricultural property is damaged due to border-related criminal activity or law enforcement responses to such crimes, the substitute bill makes several notable improvements in scope and procedural detail.

One key difference is the treatment of environmental damage. The originally filed version specifies that compensation may include the cost necessary to restore soil to its agricultural use when debris, pollutants, or contaminants are left on the land. The Committee Substitute retains the inclusion of those types of damage but omits the specific language regarding soil restoration. This change potentially broadens the range of compensable damages by allowing more flexibility in how environmental harm is evaluated, rather than limiting it to soil restoration alone.

Another important addition in the committee substitute is the inclusion of a new provision requiring law enforcement agencies to provide relevant investigative reports to the attorney general within 14 business days upon request. This provision is absent from the original version and significantly enhances the program's administrative efficiency. It ensures that claims can be more quickly verified and processed by facilitating timely access to supporting documentation.

Finally, the Committee Substitute reflects technical refinements to language and structure, consistent with best practices in legislative drafting. These changes improve clarity and readability, helping ensure that the law can be effectively interpreted and applied. Overall, the Committee Substitute builds on the original version by streamlining implementation and expanding practical protections for landowners and lessees impacted by border-related criminal activity.
Author (1)
Cesar Blanco
Co-Author (6)
Brian Birdwell
Sarah Eckhardt
Peter Flores
Juan Hinojosa
Lois Kolkhorst
Judith Zaffirini
Sponsor (1)
Ryan Guillen
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2601 will have no significant fiscal implications for the state. While the bill expands eligibility and administrative duties under the Landowner Compensation Program, including allowing the Office of the Attorney General to request investigative information from law enforcement agencies, it is expected that any associated costs can be absorbed within existing agency resources.

The analysis assumes that current appropriations and staffing levels at the Office of the Attorney General, the Department of Public Safety, and the Department of Insurance will be sufficient to implement the bill’s requirements. These include processing additional claims, verifying damage eligibility, and integrating interagency cooperation in a timely manner. Thus, no new funding or positions are projected to be needed.

Additionally, the bill is not expected to create a significant fiscal burden on local governments. Since the implementation focuses on administrative procedures and compensation from appropriated state funds, the roles of local agencies remain supportive rather than operational, minimizing any fiscal impact at the local level.

In summary, while SB 2601 enhances program operations and expands access, it is designed in a fiscally neutral manner, utilizing current infrastructure and appropriations without requiring additional budget allocations.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SB 2601 based on its focused, liberty-minded improvements to the Landowner Compensation Program. Originally created to reimburse landowners for property damage caused by border-related crimes, this bill strengthens the program by expanding eligibility to include agricultural lessees (with landowner consent), clarifying that damages include environmental degradation such as debris or pollutants, and enhancing administrative coordination by requiring law enforcement agencies to timely share investigative records with the Office of the Attorney General.

From a liberty principles perspective, the bill robustly supports private property rights and individual liberty by ensuring that Texans, particularly those in vulnerable border communities, can receive compensation when their land is damaged through no fault of their own. It also safeguards free enterprise by protecting agricultural producers and rural small businesses from unreimbursed losses that could jeopardize their operations. Importantly, the bill includes a provision prohibiting insurance companies from raising rates based on compensation claims tied to this program, a move that prevents unfair economic penalties and reinforces access to affordable insurance coverage.

Crucially, the bill does not grow the size or scope of government, nor does it increase taxes or fees. The fiscal note confirms that all anticipated costs can be absorbed using existing resources, and no new agencies or mandates are created. Additionally, the legislation avoids placing new regulatory burdens on individuals or businesses. It is a restrained and well-calibrated policy that enhances the function of an existing program while respecting the principle of limited government.

In summary, SB 2601 is a well-constructed, limited, and responsive policy that addresses real-world problems with minimal fiscal or regulatory impact. It supports core liberty values and provides practical relief to Texans affected by border-related crime.

  • Individual Liberty: The bill supports individual liberty by ensuring that landowners and agricultural lessees who suffer damage due to criminal trespass or law enforcement action related to border crime have access to compensation. By broadening eligibility and clarifying what damages are covered, the bill acknowledges the rights of individuals to use and enjoy their land free from harm caused by external events. It provides a state-supported avenue for relief without burdening the individual with litigation or out-of-pocket restoration costs, thereby affirming the principle that government should safeguard the liberty of those who are affected through no fault of their own.
  • Personal Responsibility: While offering compensation, the bill preserves personal responsibility by setting clear eligibility criteria. Individuals must demonstrate specific, verifiable damage linked to defined criminal activity or law enforcement responses. Lessees must provide a notarized statement from the landowner to be eligible, reinforcing accountability and mutual agreement. The program does not offer blanket coverage or entitlements; it requires evidence and a defined connection to border crime, maintaining a responsible structure for access to public support.
  • Free Enterprise: Texas farmers, ranchers, and rural business owners—many of whom operate on narrow margins—stand to benefit from this legislation. Property damage can have serious economic consequences, and by offering compensation, the bill helps stabilize operations and prevent business disruption. It also prohibits insurance companies from penalizing landowners for filing claims under this program, preserving fair market access to insurance services. These measures support a healthy, competitive economic environment where property owners can operate without undue risk from border-related disruptions.
  • Private Property Rights: At its core, the bill defends private property rights. It recognizes the principle that Texans should not have to bear the financial burden of damage inflicted by criminal activity or government actions they did not initiate or control. By compensating for damage and including categories such as pollutants or debris, the bill broadens the scope of protection and reflects a strong commitment to restoring landowners to their rightful condition of use and enjoyment.
  • Limited Government: The bill does not expand government infrastructure or impose new mandates. According to the fiscal note, its implementation will be absorbed within existing resources. It requires no new taxes or fees and introduces no new regulatory requirements on individuals or businesses. Instead, it strengthens an existing program with narrowly tailored reforms based on real-world input and measurable outcomes. The bill reflects a restrained use of state resources aligned with the principle that government should do only what is necessary to protect rights and ensure justice.
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