SRC-JRN S.B. 1628 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1628
By: Duncan
Criminal Justice
5-20-97
As Filed


DIGEST 

Currently, Texas law does not consider public school employees as public
servants.  However, prior to the 73rd Legislature, certain penalties were
not applicable to employees of public schools who were assaulted.  This
bill increases the penalty for certain assaults committed against public
school employees. 

PURPOSE

As proposed, S.B. 1628 increases the penalty for certain assaults
committed against public school employees. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 22.01(b), Penal Code, to define "public servant"
to include public school employees. 

SECTION 2. Amends Section 22.01(c), Penal Code, to provide that an offense
under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the
offense, rather than an offense under Subsection (a)(3) is a Class A
misdemeanor.  Provides that a Class A misdemeanor is committed if the
offense is committed against a public school employee while the employee
is engaged in performing duties within the scope of employment or
committed in retaliation for or on account of the employee's performance
of duties within the scope of employment, among other committed acts. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.