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.