H.B. No. 981
    1-1                                AN ACT
    1-2  relating to the justification for the use of force as a defense in
    1-3  the prosecution of a criminal case.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 9.31(b), Penal Code, is amended to read
    1-6  as follows:
    1-7        (b)  The use of force against another is not justified:
    1-8              (1)  in response to verbal provocation alone;
    1-9              (2)  to resist an arrest or search that the actor knows
   1-10  is being made by a peace officer, or by a person acting in a peace
   1-11  officer's presence and at his direction, even though  the arrest or
   1-12  search is unlawful, unless the resistance is justified under
   1-13  Subsection (c);
   1-14              (3)  if the actor consented to the exact force used or
   1-15  attempted by the other;
   1-16              (4)  if  the actor provoked the other's use or
   1-17  attempted use of unlawful force, unless:
   1-18                    (A)  the actor abandons the encounter, or clearly
   1-19  communicates to the other his intent to do so reasonably believing
   1-20  he cannot safely abandon the encounter;  and
   1-21                    (B)  the other nevertheless continues or attempts
   1-22  to use unlawful force against the actor; or
   1-23              (5)  if the actor sought an explanation from or
   1-24  discussion with the other person concerning the actor's differences
    2-1  with the other person while the actor was:
    2-2                    (A)  carrying a weapon in violation of Section
    2-3  46.02; or
    2-4                    (B)  possessing or transporting a weapon in
    2-5  violation of Section 46.05.
    2-6        SECTION 2.  (a)  The change in law made by this Act applies
    2-7  only to an offense committed on or after the effective date of this
    2-8  Act.  For purposes of this section, an offense is committed before
    2-9  the effective date of this Act if any element of the offense occurs
   2-10  before the effective date.
   2-11        (b)  An offense committed before the effective date of this
   2-12  Act is covered by the law in effect when the offense was committed,
   2-13  and the former law is continued in effect for that purpose.
   2-14        SECTION 3.  This Act takes effect September 1, 1995.
   2-15        SECTION 4.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.