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Signed Into Law
Signed May 24, 2025Effective 2025-09-01
SB1349

Regular Session

Relating to creating the criminal offenses of transnational repression and unauthorized enforcement of foreign law and to a study and law enforcement training regarding transnational repression.

Government Affairs & Regulatory Compliance Analysis

SB1349: Government Affairs Overview

Senate Bill 1349 establishes a new Second Degree Felony for "Unauthorized Enforcement of Foreign Law," effectively criminalizing private investigations or security operations conducted in Texas on behalf of foreign governments without explicit U. S. or State authorization.

Sen. Bryan Hughes·Senate Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01

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SB1349
Moderate
Relating to creating the criminal offenses of transnational repression and unauthorized enforcement of foreign law and to a study and law enforcement ...
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
DPSDistrict AttorneysLocal Law Enforcement AgenciesOffice of the Governor
Primary Author: Sen. Bryan Hughes
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (All active surveillance operations with a foreign nexus must be audited and potentially terminated by this date; there is no grandfather clause).
  • Agency Rulemaking:
  • March 1, 2026: DPS submits legislative report on transnational repression.
  • April 1, 2026: DPS finalizes law enforcement training. *Note: Expect a significant increase in enforcement and arrests after this date once officers are trained to identify these offenses.*

Immediate Action Plan

  • 1. Audit Active Cases: Immediately review all open investigation and surveillance files for foreign government nexus.
  • 2. Update Intake Forms: Add a mandatory declaration regarding foreign government affiliation and purpose of investigation to client intake forms.
  • 3. Revise Insurance: Consult with brokers regarding coverage gaps for criminal defense related to employee actions under this new statute.
  • 4. Freeze "Foreign Law" Enforcement: Issue a directive to security teams to cease any operations aimed at enforcing foreign civil or criminal codes until legal counsel reviews the specific case.

Operational Changes Required

Contracts

  • Vendor MSAs: Master Services Agreements with private investigation and security firms must be amended to include indemnification clauses specifically addressing SB1349 liability.
  • Client Engagement Letters: Must explicitly state that the firm will not engage in activities to "prevent violation of foreign law" without proof of U.S. government authorization.
  • Employment Agreements: Update non-compete and code of conduct policies to strictly prohibit employees from "moonlighting" as agents for foreign entities, as this creates vicarious liability for the employer.

Hiring/Training

  • "Know Your Client" (KYC) Protocols: Implement mandatory screening for all new surveillance or asset recovery engagements to determine if the funding source or beneficiary is a foreign government or state-owned enterprise.
  • Internal Training: Security directors and HR staff must be trained to recognize "transnational repression" tactics (e.g., stalking, harassment) to properly report incidents involving employees targeted by foreign agents.

Reporting & Record-Keeping

  • Authorization Documentation: If acting on behalf of a foreign entity to investigate an individual in Texas, you must retain physical proof of "approval of this state or the United States" (e.g., a federal warrant or MLAT request).
  • Incident Logs: Maintain a specific log for interactions with individuals claiming foreign authority; this is critical for defense against conspiracy charges.

Fees & Costs

  • Insurance Review: Review Directors & Officers (D&O) and Errors & Omissions (E&O) policies. Criminal acts are typically excluded; verify if defense costs are covered for employees charged under this statute while acting in the scope of employment.
  • Legal Retainers: Budget for increased legal costs to vet foreign clients and interpret the "agent" definition during the initial intake phase.

Strategic Ambiguities & Considerations

  • Definition of "Agent/Controlled By": The statute applies to entities "controlled by" a foreign government. It is unclear if U.S. subsidiaries of foreign state-owned enterprises fall under this definition. Until clarified by case law, treat them as foreign agents.
  • Mechanism of "Approval": Section 76.046 allows enforcement *with* approval from the State or U.S. Government, but establishes no administrative process to obtain such approval. Without a clear permit process, businesses should assume no approval exists outside of formal law enforcement cooperation.
  • Scope of "Surveillance": The law does not define if "surveilles" is limited to physical following or includes digital monitoring/geolocation. Tech companies and data brokers should assume digital tracking falls under this statute.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 18, 2025
Passed Senate
Apr 24, 2025
Passed House
May 9, 2025
Signed
May 24, 2025
Effective
Sep 1, 2025
TopicsAliensCrimesCrimes--against PersonsCrimes--against Persons--generalInterim StudiesInternational RelationsPeace OfficersStaff Development & TrainingPublic Safety, Department ofCriminal InvestigationsTerrorism & Internal SecurityCriminal Justice Division, Governor's Office
03

Senate Authors

Sen. Bryan HughesRepublican · Primary Author
Coauthors (3)

House Sponsors

Rep. Janie LopezRepublican · Primary Sponsor
Joint Sponsors
Cosponsors (10)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB1349

Q

What does Texas SB1349 do?

Senate Bill 1349 establishes a new Second Degree Felony for "Unauthorized Enforcement of Foreign Law," effectively criminalizing private investigations or security operations conducted in Texas on behalf of foreign governments without explicit U. S. or State authorization.

Q

Who authored SB1349?

SB1349 was authored by Texas Senator Bryan Hughes during the Regular Session.

Q

When was SB1349 signed into law?

SB1349 was signed into law by Governor Greg Abbott on May 24, 2025.

Q

Which agencies enforce SB1349?

SB1349 is enforced by Department of Public Safety (DPS), District Attorneys, Local Law Enforcement Agencies and Office of the Governor.

Q

How significant are the changes in SB1349?

The regulatory priority for SB1349 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB1349?

The cost impact of SB1349 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1349 address?

SB1349 addresses topics including aliens, crimes, crimes--against persons, crimes--against persons--general and interim studies.

Q

What are the key dates for SB1349?

Key dates for SB1349: Effective date is 2025-09-01. Rulemaking: Submit report to Legislature regarding the study on transnational repression threats and legislative recommendations. (2026-03-01); Develop and finalize the Transnational Repression Training Program for peace officers. (2026-04-01). Consult with legal counsel regarding applicability.

Q

What are the penalties under SB1349?

SB1349 establishes the following penalties: criminal penalty of Penalty enhancement (one category higher than underlying offense); 15-year minimum confinement if underlying offense is 1st-degree felony for Transnational Repression: Committing assault, harassment, stalking, or trafficking as an agent of a foreign government to coerce/retaliate against an individual.; criminal penalty of Felony of the Second Degree for Unauthorized Enforcement of Foreign Law: Acting as a foreign agent to prevent violations of foreign law or surveil individuals for that purpose without State/US approval.. Consult with legal counsel for specific applicability to your situation.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026