By Berman H.B. No. 275
77R76 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for assaults committed against certain
1-3 sports officials.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 22.01(b), (c), and (e), Penal Code, are
1-6 amended 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:
1-9 (1) a felony of the third degree if the offense is
1-10 committed against:
1-11 (A) [(1)] a person the actor knows is a public
1-12 servant while the public servant is lawfully discharging an
1-13 official duty, or in retaliation or on account of an exercise of
1-14 official power or performance of an official duty as a public
1-15 servant; or
1-16 (B) [(2)] a member of the defendant's family or
1-17 household, if it is shown on the trial of the offense that the
1-18 defendant has been previously convicted of an offense against a
1-19 member of the defendant's family or household under this section;
1-20 or
1-21 (2) a state jail felony if it is shown on the trial of
1-22 the offense that the offense was committed against a person the
1-23 actor knows is a sports official either:
1-24 (A) while the official is performing duties in
2-1 the official's capacity as a sports official; or
2-2 (B) in retaliation for or on account of the
2-3 official's performance of a duty within the official's capacity as
2-4 a sports official.
2-5 (c) An offense under Subsection (a)(2) or (3) is a Class C
2-6 misdemeanor, except that the [an] offense [under Subsection (a)(3)]
2-7 is a Class A misdemeanor if the offense is:
2-8 (1) [was] committed under Subsection (a)(3) against an
2-9 elderly individual or disabled individual, as those terms are
2-10 defined by Section 22.04; or
2-11 (2) committed against a person the actor knows is a
2-12 sports official either:
2-13 (A) while the official is performing duties in
2-14 the official's capacity as a sports official; or
2-15 (B) in retaliation for or on account of the
2-16 official's performance of a duty within the official's capacity as
2-17 a sports official.
2-18 (e) In this section:
2-19 (1) "Family" has the meaning assigned by Section
2-20 71.003, Family Code.
2-21 (2) "Household" has the meaning assigned by Section
2-22 71.005, Family Code.
2-23 (3) "Sports official" means a person who serves in any
2-24 official capacity with respect to an interscholastic,
2-25 intercollegiate, or other organized amateur or professional
2-26 athletic competition and includes a referee, umpire, linesman,
2-27 coach, instructor, administrator, or staff member.
3-1 SECTION 2. The change in law made by this Act applies only to
3-2 an offense committed on or after the effective date of this Act. An
3-3 offense committed before the effective date of this Act is covered
3-4 by the law in effect when the offense was committed, and the former
3-5 law is continued in effect for that purpose. For purposes of this
3-6 section, an offense was committed before the effective date of this
3-7 Act if any element of the offense occurred before that date.
3-8 SECTION 3. This Act takes effect September 1, 2001.