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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalties for the offenses of |
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assault and harassment committed against certain employees or |
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agents of a utility and committed in a disaster area or evacuated |
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area. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.50, Penal Code, is amended by adding |
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Subsection (d-1) to read as follows: |
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(d-1) Notwithstanding this section, if an offense is |
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punishable as a felony of the third degree under Section |
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22.01(b)(10), the punishment for that offense may not be increased |
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under Subsection (c). |
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SECTION 2. Section 12.501, Penal Code, is amended by adding |
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Subsection (d-1) to read as follows: |
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(d-1) Notwithstanding this section, if an offense is |
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punishable as a Class A misdemeanor under Section 42.07(c)(3), the |
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punishment for that offense may not be increased under Subsection |
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(d). |
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SECTION 3. 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 or reasonably should |
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know is an employee or agent of a utility while the person is: |
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(A) performing a duty within the scope of that |
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employment or agency; and |
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(B) located in an area that is: |
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(i) subject to a declaration of a state of |
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disaster made by: |
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(a) the president of the United States |
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under the Robert T. Stafford Disaster Relief and Emergency |
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Assistance Act (42 U.S.C. Section 5121 et seq.); |
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(b) the governor under Section |
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418.014, Government Code; or |
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(c) the presiding officer of the |
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governing body of a political subdivision under Section 418.108, |
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Government Code; or |
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(ii) subject to an emergency evacuation |
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order. |
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SECTION 4. 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 cable service provider or video 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 5. Section 42.07(b), Penal Code, is amended by |
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adding Subdivision (4) to read as follows: |
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(4) "Utility" has the meaning assigned by Section |
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22.01(e). |
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SECTION 6. Section 42.07(c), Penal Code, is amended to read |
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as follows: |
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(c) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if: |
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(1) the actor has previously been convicted under this |
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section; [or] |
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(2) the offense was committed under Subsection (a)(7) |
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or (8) and: |
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(A) the offense was committed against a child |
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under 18 years of age with the intent that the child: |
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(i) commit suicide; or |
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(ii) engage in conduct causing serious |
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bodily injury to the child; or |
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(B) the actor has previously violated a temporary |
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restraining order or injunction issued under Chapter 129A, Civil |
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Practice and Remedies Code; or |
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(3) the offense was committed against a person the |
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actor knows or reasonably should know is an employee or agent of a |
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utility while the person is performing a duty within the scope of |
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that employment or agency and the offense was committed in an area |
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that was, at the time of the offense: |
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(A) subject to a declaration of a state of |
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disaster made by: |
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(i) the president of the United States |
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under the Robert T. Stafford Disaster Relief and Emergency |
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Assistance Act (42 U.S.C. Section 5121 et seq.); |
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(ii) the governor under Section 418.014, |
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Government Code; or |
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(iii) the presiding officer of the |
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governing body of a political subdivision under Section 418.108, |
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Government Code; or |
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(B) subject to an emergency evacuation order. |
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SECTION 7. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2025. |