1-1     By:  Ellis, et al. (Senate Sponsor - Ogden)           H.B. No. 1713
 1-2           (In the Senate - Received from the House April 8, 1999;
 1-3     April 9, 1999, read first time and referred to Committee on
 1-4     Criminal Justice; May 10, 1999, reported favorably, as amended, by
 1-5     the following vote:  Yeas 7, Nays 0; May 10, 1999, sent to
 1-6     printer.)
 1-7     COMMITTEE AMENDMENT NO. 1                              By:  Shapiro
 1-8           Amend H.B. 1713 as follows:
 1-9           (1)  In SECTION 1 of the bill, in proposed Section 22.11,
1-10     Penal Code, (House Engrossment, page 1, lines 36-41,) by striking
1-11     subsection (b) and substituting a new subsection (b) to read as
1-12     follows:
1-13     "(b)  An offense under this section is a felony of the third
1-14     degree."
1-15           (2)  In SECTION 1 of the bill, in the proposed Section 22.11,
1-16     Penal Code, (House Engrossment) add a new subsection (c) to read as
1-17     follows:
1-18     "(c)  If conduct constituting an offense under this section also
1-19     constitutes an offense under another section of this code, the
1-20     actor may be prosecuted under either section.
1-21                            A BILL TO BE ENTITLED
1-22                                   AN ACT
1-23     relating to the harassment of persons by individuals imprisoned or
1-24     confined in adult or juvenile correctional facilities; creating an
1-25     offense.
1-26           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27           SECTION 1.  Chapter 22, Penal Code, is amended by adding
1-28     Section 22.11 to read as follows:
1-29           Sec. 22.11.  HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL
1-30     FACILITIES.  (a)  A person commits an offense if the person, while
1-31     imprisoned or confined in a secure correctional facility or a
1-32     facility operated by or under contract with the Texas Youth
1-33     Commission and with intent to harass, alarm, or annoy  another
1-34     person, causes the other person to contact the blood, seminal
1-35     fluid, urine, or feces of the actor or any other person.
1-36           (b)  An offense under this section is:
1-37                 (1)  a Class C misdemeanor if the victim of the offense
1-38     is a person imprisoned or confined in a facility described by
1-39     Subsection (a); or
1-40                 (2)  a felony of the third degree if the victim is any
1-41     person other than a person described by Subdivision (1).
1-42           SECTION 2.  (a)  The change in law made by this Act applies
1-43     only to an offense committed on or after the effective date of this
1-44     Act.  For purposes of this section, an offense is committed before
1-45     the effective date of this Act if any element of the offense occurs
1-46     before the effective date.
1-47           (b)  An offense committed before the effective date of this
1-48     Act is covered by the law in effect when the offense was committed,
1-49     and the former law is continued in effect for that purpose.
1-50           SECTION 3.  This Act takes effect September 1, 1999.
1-51           SECTION 4.  The importance of this legislation and the
1-52     crowded condition of the calendars in both houses create an
1-53     emergency and an imperative public necessity that the
1-54     constitutional rule requiring bills to be read on three several
1-55     days in each house be suspended, and this rule is hereby suspended.
1-56                                  * * * * *