By: King  S.B. No. 947
         (In the Senate - Filed February 15, 2023; March 3, 2023,
  read first time and referred to Committee on Criminal Justice;
  March 30, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; March 30, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 947 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to creating a criminal offense for damaging certain
  critical infrastructure facilities and providing for the
  prosecution of that conduct as manslaughter in certain
  circumstances; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 19.04(b), Penal Code, is amended to read
  as follows:
         (b)  An offense under this section is a felony of the second
  degree, except that the offense is a felony of the first degree if
  it is shown on the trial of the offense that the defendant committed
  an offense under Section 28.09 and that conduct caused the death of
  an individual.
         SECTION 2.  Chapter 28, Penal Code, is amended by adding
  Section 28.09 to read as follows:
         Sec. 28.09.  DAMAGING CRITICAL INFRASTRUCTURE FACILITY. (a)
  In this section:
               (1)  "Critical infrastructure facility" means an
  electrical power generating facility, substation, switching
  station, electrical control center, or electrical transmission or
  distribution facility.
               (2)  "Cyber attack" means an attempt to damage,
  disrupt, or gain unauthorized access to a computer, computer
  network, or computer system.
               (3)  "Drone" has the meaning assigned by Article 2.33,
  Code of Criminal Procedure, as added by Chapter 1011 (H.B. 1758),
  Acts of the 87th Legislature, Regular Session, 2021.
               (4)  "Explosive weapon" has the meaning assigned by
  Section 28.03.
               (5)  "Extended power outage" means a power outage:
                     (A)  lasting for two hours or more; or
                     (B)  affecting 1,000 or more meters used to
  measure electric energy consumption by retail customers.
               (6)  "Firearm" has the meaning assigned by Section
  46.01.
         (b)  A person commits an offense if, without the effective
  consent of the owner or operator of a critical infrastructure
  facility, the person:
               (1)  intentionally or knowingly damages, destroys,
  vandalizes, or impairs the function of any critical infrastructure
  facility; and
               (2)  as a result of the conduct described by
  Subdivision (1), causes an extended power outage.
         (c)  An offense under this section is a felony of the second
  degree, except that the offense is a felony of the first degree if:
               (1)  the amount of pecuniary damage to the critical
  infrastructure facility is $100,000 or more; or
               (2)  the actor uses a firearm, drone, cyber attack, or
  explosive weapon in the commission of the offense.
         (d)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.  
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2023.
 
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