State Critical Infrastructure Laws (Texas HB 3557 and Similar, 2019+)

• Type: State legislation wave — 2019 through present
• Lead example: Texas HB 3557 (2019)
• Other states: South Dakota, Kentucky, Indiana, Iowa, Tennessee, West Virginia, Alabama, Georgia, Missouri, and others
• Modeled on: Oklahoma HB 1123 (2017) and Louisiana HB 727 (2018)
• Template source: ALEC (American Legislative Exchange Council) model legislation

What These Laws Do

By 2025, more than 20 states have enacted some form of critical infrastructure protection legislation that elevates criminal penalties for protest activity near oil, gas, pipeline, electricity, and water infrastructure. The laws share a common structure:

• Felony trespass — Being on or near a designated critical infrastructure facility becomes a felony (rather than a misdemeanor) even without any damage or disruption.
• Enhanced penalties for interference — Any interference with operations — including passive obstruction — carries felony charges and significant prison time.
• Organizational liability — Nonprofit organizations, advocacy groups, or any entity that "conspires," "induces," or "assists" in critical infrastructure trespass faces civil or criminal penalties, often $1 million or more.
• Expanded facility definitions — Definitions broad enough to cover pipelines crossing rural land, natural gas processing facilities, water treatment plants, and sometimes data centers and telecommunications infrastructure.

Texas HB 3557 (2019):

• Passed Texas House 119–22; Senate 30–1
• Creates new felony offense for intentionally or knowingly damaging, destroying, or tampering with critical infrastructure
• Organizational liability: entities that conspire with or induce trespass face fines up to $500,000
• Signed by Governor Greg Abbott

South Dakota SB 189 (2019):

• Passed in response to Keystone XL pipeline protests
• Creates new "riot boosting" provisions that hold out-of-state funders of protest organizations liable if any participant commits property damage
• Challenged in federal court; portions enjoined as unconstitutionally vague

Kentucky HB 360 (2021):

• Elevated penalties for trespass on natural gas, oil, chemical, and water facilities
• Organizational liability for conspiracy

Indiana SB 361 (2021):

• Felony trespass for critical infrastructure; enhanced organizational penalties

Why Critics Oppose Them

• Industry-written template legislation — These laws are almost word-for-word copies of ALEC model legislation drafted by and for the fossil fuel industry. Legislators in multiple states introduced them within weeks of each other using the same language.
• Criminalizes presence, not harm — The laws are triggered by being present near infrastructure, not by causing damage. A protester standing on a pipeline right-of-way with a sign can face the same felony charge as someone with cutting equipment.
• $500,000–$1 million organizational fines target the movement, not individuals — The organizational liability provisions are designed to bankrupt environmental advocacy organizations by making them financially liable for the actions of any individual who attends a protest they publicized.
• South Dakota "riot boosting" provisions — South Dakota's version attempted to extend liability to out-of-state donors to organizations whose members later committed trespass — a direct attempt to cut off funding for national environmental advocacy groups. Federal courts blocked this provision.
• Chilling effect documented — Studies by the Brennan Center for Justice and others have documented that these laws cause environmental and indigenous advocacy groups to cancel planned protests and withdraw legal support from activists.

Constitutional Concerns

• 1st Amendment (assembly, speech, association) — felony penalties for peaceful presence near infrastructure, and organizational fines for funding or publicizing protest activity.
• Overbreadth — facility definitions and "interference" standards so broad they sweep in protected conduct.
• Vagueness — "conspiracy to induce trespass" is undefined in ways that make it impossible for organizations to know what publicity or support is lawful.
• Equal protection — selective felony treatment for protests near energy infrastructure vs. protests near any other type of property.

Key Votes to Screen

State-level. Track votes in Texas, South Dakota, Kentucky, Indiana, Iowa, Tennessee, West Virginia, Alabama, and other states that have passed this wave legislation. Also track which federal legislators have endorsed federal infrastructure protection legislation or publicly praised these state laws.

Why This Matters for We The Citizens

The critical infrastructure law wave is the clearest example of industry-written model legislation converting legislative bodies into enforcement arms for corporate interests. A state legislator who voted YES is on record adopting ALEC-drafted fossil fuel industry talking points as criminal law. This is a direct screen for industry capture.

See also: Bad Laws Overview | Oklahoma HB 1123 | Louisiana HB 727 | North Dakota SB 2044