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.

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.