By:  Keel, et al. (Senate Sponsor - Shapiro)                      H.B. No. 11 
	(In the Senate - Received from the House April 2, 2003; 
April 7, 2003, read first time and referred to Committee on 
Infrastructure Development and Security; May 12, 2003, reported 
adversely, with favorable Committee Substitute by the following 
vote:  Yeas 9, Nays 0; May 12, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 11                                     By:  Ellis
A BILL TO BE ENTITLED
AN ACT
relating to the offense of terroristic threat and to the punishment 
as a capital offense of murder occurring during the commission or 
attempted commission of terroristic threat.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 19.03(a), Penal Code, is amended to read 
as follows:     
	(a)  A person commits an offense if the person [he] commits 
murder as defined under Section 19.02(b)(1) and:
		(1)  the person murders a peace officer or fireman who 
is acting in the lawful discharge of an official duty and who the 
person knows is a peace officer or fireman;
		(2)  the person intentionally commits the murder in the 
course of committing or attempting to commit kidnapping, burglary, 
robbery, aggravated sexual assault, arson, [or] obstruction or 
retaliation, or terroristic threat under Section 22.07(a)(1), (3), 
(4), (5), or (6);
		(3)  the person commits the murder for remuneration or 
the promise of remuneration or employs another to commit the murder 
for remuneration or the promise of remuneration;
		(4)  the person commits the murder while escaping or 
attempting to escape from a penal institution;
		(5)  the person, while incarcerated in a penal 
institution, murders another:
			(A)  who is employed in the operation of the penal 
institution; or         
			(B)  with the intent to establish, maintain, or 
participate in a combination or in the profits of a combination;
		(6)  the person:                                                              
			(A)  while incarcerated for an offense under this 
section or Section 19.02, murders another; or
			(B)  while serving a sentence of life imprisonment 
or a term of 99 years for an offense under Section 20.04, 22.021, or 
29.03, murders another;
		(7)  the person murders more than one person:                                 
			(A)  during the same criminal transaction; or                                
			(B)  during different criminal transactions but 
the murders are committed pursuant to the same scheme or course of 
conduct; or
		(8)  the person murders an individual under six years 
of age.               
	SECTION 2.  Section 22.07, Penal Code, is amended to read as 
follows:        
	Sec. 22.07.  TERRORISTIC THREAT.  (a)  A person commits an 
offense if he threatens to commit any offense involving violence to 
any person or property with intent to:
		(1)  cause a reaction of any type to his threat by an 
official or volunteer agency organized to deal with emergencies;
		(2)  place any person in fear of imminent serious 
bodily injury; [or]
		(3)  prevent or interrupt the occupation or use of a 
building; room; place of assembly; place to which the public has 
access; place of employment or occupation; aircraft, automobile, or 
other form of conveyance; or other public place; [or]
		(4)  cause impairment or interruption of public 
communications, public transportation, public water, gas, or power 
supply or other public service;
		(5)  place the public or a substantial group of the 
public in fear of serious bodily injury; or
		(6)  influence the conduct or activities of a branch or 
agency of the federal government, the state, or a political 
subdivision of the state.
	(b)  An offense under Subdivision (1) or (2) of Subsection 
(a) is a Class B misdemeanor.  An offense under Subdivision (3) of 
Subsection (a) is a Class A misdemeanor.  An offense under 
Subdivision (4), (5), or (6) of Subsection (a) is a felony of the 
third degree.
	SECTION 3.  Section 42.06(b), Penal Code, is amended to read 
as follows:     
	(b)  An offense under this section is a state jail felony 
[Class A misdemeanor] unless the false report is of an emergency 
involving a public primary or secondary school, public 
communications, public transportation, public water, gas, or power 
supply or other public service, in which event the offense is a 
[state jail] felony of the third degree.
	SECTION 4.  Section 46.01, Penal Code, is amended by adding 
Subdivision (17) to read as follows:
		(17)  "Hoax chemical dispensing device" means a device 
that:         
			(A)  reasonably appears to be a chemical 
dispensing device; or      
			(B)  by its design causes alarm or reaction of any 
type by an official of a public safety agency or a volunteer agency 
organized to deal with emergencies.
	SECTION 5.  Section 46.08, Penal Code, is amended to read as 
follows:        
	Sec. 46.08.  HOAX BOMBS OR CHEMICAL DISPENSING DEVICES.  (a)  
A person commits an offense if the person knowingly manufactures, 
sells, purchases, transports, or possesses a hoax bomb or a hoax 
chemical dispensing device with intent to use the hoax bomb or 
device to:
		(1)  make another believe that the hoax bomb or device 
is an explosive, [or] incendiary, or chemical dispensing device, as 
applicable; or
		(2)  cause alarm or reaction of any type by an official 
of a public safety agency or volunteer agency organized to deal with 
emergencies.
	(b)  An offense under this section is a state jail felony 
[Class A misdemeanor].
	SECTION 6.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 7.  This Act takes effect September 1, 2003.                           
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