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By:  Keel, et al.                                                 H.B. No. 274



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of harassment by persons 
in certain correctional and detention facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 22.11, Penal Code, is amended by 
amending Subsection (a) and adding Subsection (d) to read as 
follows:
	(a)  A person commits an offense if the person, while 
imprisoned or confined in a [secure] correctional or detention
facility [or a facility operated by or under contract with the Texas 
Youth Commission] and with intent to harass, alarm, or annoy 
another person, causes the other person to contact the blood, 
seminal fluid, vaginal fluid, saliva, urine, or feces of the actor 
or any other person.
	(d)  In this section, "correctional or detention facility" 
means:     
		(1)  a secure correctional facility; or                                
		(2)  a "secure correctional facility" or a "secure 
detention facility" as defined by Section 51.02, Family Code, 
operated by or under contract with a juvenile board or the Texas 
Youth Commission or any other facility operated by or under 
contract with that commission.
	SECTION 2.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003.  An offense 
committed before September 1, 2003, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For the purposes of this subsection, an 
offense was committed before September 1, 2003, if any element of 
the offense occurred before that date.