By Hightower H.B. No. 1753 74R7122 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment of the offense of assault committed by 1-3 or against a public servant. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 22.01, Penal Code, is amended by amending 1-6 Subsection (b) and adding Subsection (d) to read as follows: 1-7 (b) An offense under Subsection (a)(1) is a Class A 1-8 misdemeanor, except that the offense is a felony of the third 1-9 degree if the offense is committed: 1-10 (1) by a public servant acting under color of the 1-11 servant's office or employment; or 1-12 (2) against a person the actor knows is a public 1-13 servant while the public servant is lawfully discharging an 1-14 official duty, or in retaliation or on account of an exercise of 1-15 official power or performance of an official duty as a public 1-16 servant. 1-17 (d) For purposes of Subsection (b), the actor is presumed to 1-18 have known the person assaulted was a public servant if the person 1-19 was wearing a distinctive uniform or badge indicating the person's 1-20 employment as a public servant. 1-21 SECTION 2. (a) The change in law made by this Act applies 1-22 only to an offense committed on or after the effective date of this 1-23 Act. For purposes of this section, an offense is committed before 1-24 the effective date of this Act if any element of the offense occurs 2-1 before the effective date. 2-2 (b) An offense committed before the effective date of this 2-3 Act is covered by the law in effect when the offense was committed, 2-4 and the former law is continued in effect for that purpose. 2-5 SECTION 3. This Act takes effect September 1, 1995. 2-6 SECTION 4. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended.