By Naishtat H.B. No. 2854
74R6838 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of coercion of a public servant.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 36.03(c), Penal Code, is amended to read
1-5 as follows:
1-6 (c) <It is an exception to the application of> Subsection
1-7 (a)(1) of this section does not apply to a <that the> person who:
1-8 (1) <influences or attempts to influence the public
1-9 servant> is a member of the governing body of a governmental
1-10 entity;
1-11 (2) acts<, and that the action that influences or
1-12 attempts> to influence or attempts to influence another <the>
1-13 public servant through <is> an official action, including
1-14 deliberations by the governing body, taken by the person; and
1-15 (3) does not act with the specific intent to obtain or
1-16 attempt to obtain a benefit for the person <member of the governing
1-17 body. For the purposes of this subsection, the term "official
1-18 action" includes deliberations by the governing body of a
1-19 governmental entity>.
1-20 SECTION 2. (a) The change in law made by this Act applies
1-21 only to an offense committed on or after the effective date of this
1-22 Act. For the purposes of this section, an offense is committed
1-23 before the effective date of this Act if any element of the offense
1-24 occurs before the effective date.
2-1 (b) An offense committed before the effective date of this
2-2 Act is covered by the law in effect when the offense was committed,
2-3 and the former law is continued in effect for that purpose.
2-4 SECTION 3. This Act takes effect September 1, 1995.
2-5 SECTION 4. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.