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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for the offense of |
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assault committed against certain employees or agents of a utility |
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and to the prosecution of the criminal offense of interference with |
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public duties of those employees or agents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.01(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under Subsection (a)(1) is a Class A |
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misdemeanor, except that the offense is a felony of the third degree |
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if the offense is committed against: |
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(1) a person the actor knows is a public servant while |
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the public servant is lawfully discharging an official duty, or in |
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retaliation or on account of an exercise of official power or |
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performance of an official duty as a public servant; |
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(2) a person whose relationship to or association with |
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the defendant is described by Section 71.0021(b), 71.003, or |
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71.005, Family Code, if: |
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(A) it is shown on the trial of the offense that |
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the defendant has been previously convicted of an offense that was |
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committed: |
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(i) against a person whose relationship to |
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or association with the defendant is described by Section |
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71.0021(b), 71.003, or 71.005, Family Code; and |
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(ii) under: |
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(a) this chapter, Chapter 19, or |
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Section 20.03, 20.04, 21.11, or 25.11; |
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(b) Section 25.07, if the applicable |
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violation was based on the commission of family violence as |
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described by Subsection (a)(1) of that section; or |
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(c) Section 25.072, if any of the |
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applicable violations were based on the commission of family |
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violence as described by Section 25.07(a)(1); or |
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(B) the offense is committed by intentionally, |
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knowingly, or recklessly impeding the normal breathing or |
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circulation of the blood of the person by applying pressure to the |
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person's throat or neck or by blocking the person's nose or mouth; |
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(3) a person who contracts with government to perform |
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a service in a facility described by Section 1.07(a)(14), Penal |
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Code, or Section 51.02(13) or (14), Family Code, or an employee of |
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that person: |
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(A) while the person or employee is engaged in |
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performing a service within the scope of the contract, if the actor |
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knows the person or employee is authorized by government to provide |
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the service; or |
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(B) in retaliation for or on account of the |
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person's or employee's performance of a service within the scope of |
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the contract; |
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(4) a person the actor knows is a security officer |
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while the officer is performing a duty as a security officer; |
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(5) a person the actor knows is emergency services |
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personnel while the person is providing emergency services; |
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(6) a person the actor knows is a process server while |
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the person is performing a duty as a process server; |
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(7) a pregnant individual to force the individual to |
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have an abortion; |
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(8) a person the actor knows is pregnant at the time of |
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the offense; [or] |
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(9) a person the actor knows is hospital personnel |
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while the person is located on hospital property, including all |
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land and buildings owned or leased by the hospital; or |
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(10) a person the actor knows is an employee or agent |
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of a utility while the person is performing a duty within the scope |
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of that employment or agency. |
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SECTION 2. Section 22.01(e), Penal Code, is amended by |
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adding Subdivision (5) to read as follows: |
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(5) "Utility" means: |
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(A) an electric utility, as defined by Section |
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31.002, Utilities Code; |
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(B) a telecommunications provider, as defined by |
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Section 51.002, Utilities Code; |
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(C) a video service provider or cable service |
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provider, as defined by Section 66.002, Utilities Code; |
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(D) a gas utility, as defined by Section 101.003, |
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Utilities Code, which for the purposes of this subsection includes |
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a municipally owned utility as defined by that section; |
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(E) a gas utility, as defined by Section 121.001, |
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Utilities Code; |
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(F) a pipeline used for the transportation or |
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sale of oil, gas, or related products; or |
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(G) an electric cooperative or municipally owned |
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utility, as defined by Section 11.003, Utilities Code. |
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SECTION 3. Sections 38.15(a) and (e), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person with criminal |
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negligence interrupts, disrupts, impedes, or otherwise interferes |
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with: |
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(1) a peace officer while the peace officer is |
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performing a duty or exercising authority imposed or granted by |
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law; |
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(2) a person who is employed to provide emergency |
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medical services including the transportation of ill or injured |
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persons while the person is performing that duty; |
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(3) a fire fighter, while the fire fighter is fighting |
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a fire or investigating the cause of a fire; |
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(4) an animal under the supervision of a peace |
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officer, corrections officer, or jailer, if the person knows the |
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animal is being used for law enforcement, corrections, prison or |
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jail security, or investigative purposes; |
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(5) the transmission of a communication over a |
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citizen's band radio channel, the purpose of which communication is |
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to inform or inquire about an emergency; |
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(6) an officer with responsibility for animal control |
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in a county or municipality, while the officer is performing a duty |
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or exercising authority imposed or granted under Chapter 821 or |
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822, Health and Safety Code; [or] |
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(7) a person who: |
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(A) has responsibility for assessing, enacting, |
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or enforcing public health, environmental, radiation, or safety |
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measures for the state or a county or municipality; |
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(B) is investigating a particular site as part of |
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the person's responsibilities under Paragraph (A); |
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(C) is acting in accordance with policies and |
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procedures related to the safety and security of the site described |
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by Paragraph (B); and |
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(D) is performing a duty or exercising authority |
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imposed or granted under the Agriculture Code, Health and Safety |
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Code, Occupations Code, or Water Code; or |
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(8) a person who is an employee or agent of a utility |
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while the person is performing a duty within the scope of that |
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employment or agency. |
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(e) In this section: |
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(1) "Emergency" [, "emergency"] means a condition or |
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circumstance in which an individual is or is reasonably believed by |
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the person transmitting the communication to be in imminent danger |
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of serious bodily injury or in which property is or is reasonably |
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believed by the person transmitting the communication to be in |
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imminent danger of damage or destruction. |
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(2) "Utility" means: |
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(A) an electric utility, as defined by Section |
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31.002, Utilities Code; |
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(B) a telecommunications provider, as defined by |
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Section 51.002, Utilities Code; |
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(C) a video service provider or cable service |
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provider, as defined by Section 66.002, Utilities Code; |
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(D) a gas utility, as defined by Section 101.003, |
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Utilities Code, which for the purposes of this subsection includes |
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a municipally owned utility as defined by that section; |
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(E) a gas utility, as defined by Section 121.001, |
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Utilities Code; |
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(F) a pipeline used for the transportation or |
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sale of oil, gas, or related products; or |
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(G) an electric cooperative or municipally owned |
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utility, as defined by Section 11.003, Utilities Code. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2025. |