76R9259 GWK-D                           
         By Ellis, et al.                                      H.B. No. 1713
         Substitute the following for H.B. No. 1713:
         By Ellis                                          C.S.H.B. No. 1713
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the harassment of persons by individuals imprisoned or
 1-3     confined in adult or juvenile correctional facilities; creating an
 1-4     offense.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 22, Penal Code, is amended by adding
 1-7     Section 22.11 to read as follows:
 1-8           Sec. 22.11.  HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL
 1-9     FACILITIES.  (a)  A person commits an offense if the person, while
1-10     imprisoned or confined in a secure correctional facility or a
1-11     facility operated by or under contract with the Texas Youth
1-12     Commission and with intent to harass, alarm, or annoy  another
1-13     person, causes the other person to contact the blood, seminal
1-14     fluid, urine, or feces of the actor or any other person.
1-15           (b)  An offense under this section is:
1-16                 (1)  a Class C misdemeanor if the victim of the offense
1-17     is a person imprisoned or confined in a facility described by
1-18     Subsection (a); or
1-19                 (2)  a felony of the third degree if the victim is any
1-20     person other than a person described by Subdivision (1).
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, 1999.
 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.