Texas has officially enacted the first state law in America criminalizing foreign intimidation tactics on U.S. soil, with Governor Abbott’s signature on Senate Bill 1349 establishing severe penalties for agents of foreign governments operating unlawfully within state borders.
At a Glance
- SB 1349 creates two new criminal offenses: Transnational Repression and Unauthorized Enforcement of Foreign Law
- The legislation primarily targets Chinese Communist Party influence operations and other foreign adversaries
- Offenses include surveillance, intimidation, and coercion meant to silence speech or force cooperation with foreign regimes
- Law enforcement will receive specialized training to identify and address transnational repression
- The law takes effect September 1, 2024, following overwhelming bipartisan support in the Texas legislature
First-of-its-Kind Legislation Establishes Criminal Penalties
Texas Governor Greg Abbott has signed Senate Bill 1349 into law, establishing the nation’s first comprehensive state-level protections against foreign intimidation tactics on American soil. The legislation, which passed the Texas House with a commanding 125-15 vote, creates two distinct criminal offenses: Transnational Repression and Unauthorized Enforcement of Foreign Law. These new statutes directly target individuals acting as agents of foreign governments or terrorist organizations who engage in unlawful conduct designed to suppress free speech or compel cooperation with foreign regimes.
The law, effective September 1, 2024, establishes serious criminal penalties for violations. Monitoring or surveilling someone in Texas on behalf of a foreign government constitutes a second-degree felony, with penalties exceeding those for serious crimes like human trafficking and assault. The legislation specifically addresses tactics used by foreign entities to intimidate, harass, or silence individuals living in Texas, particularly those who may have fled oppressive regimes or who criticize foreign governments.
Enforcement and Training Requirements
Beyond establishing criminal penalties, SB 1349 mandates comprehensive training and research initiatives. The Texas Department of Public Safety must develop a specialized training program for peace officers by April 1, 2026, ensuring law enforcement throughout the state can properly identify and respond to instances of transnational repression. Additionally, DPS and the Office of the Governor must conduct a thorough study on transnational repression threats, with findings and recommendations due to the state Legislature by March 1, 2026.
The legislation builds upon Governor Abbott’s previous executive order directing the Texas Department of Public Safety to arrest individuals involved in influence operations for foreign entities, particularly the Chinese Communist Party. The bill’s sponsor, Senator Bryan Hughes, included provisions expanding the scope of qualifying offenses to include human trafficking and compelling prostitution, reflecting the comprehensive approach to addressing foreign influence operations in Texas.
“Both the Biden and Trump administrations have pursued efforts to counter transnational repression domestically here in the United States, including with the FBI, but the FBI cannot and should not be the first line of defense for Texans targeted by these maligned foreign actors.”, said Kelly Currie.
Constitutional Protections and Fiscal Impact
The legislation was carefully crafted to protect constitutional rights while targeting foreign influence operations. SB 1349 includes clear definitions and constitutional alignment to safeguard First Amendment liberties while still providing strong deterrents against foreign intimidation tactics. The law specifically criminalizes attempts to impose foreign legal judgments that violate U.S. or Texas constitutional rights, addressing concerns about unauthorized foreign legal influence in American jurisdictions.
According to fiscal impact analyses, the law is expected to have minimal financial implications for both state and local governments. The Texas Policy Research organization, which endorsed the legislation with a “YES” recommendation, emphasized that obligations created by the bill can be met within existing resources. The bipartisan support for the measure, reflected in the overwhelming House vote, demonstrates strong consensus on the need to address foreign influence operations at the state level rather than relying solely on federal protections.
