78R5388 BDH-D

By:  Eiland                                                       H.B. No. 1458



A BILL TO BE ENTITLED

AN ACT

relating to criminal obstruction of or retaliation against an 
honorably retired peace officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 36.06(b), Penal Code, is amended to read 
as follows:     
	(b)  In [For purposes of] this section:         
		(1)  "Honorably retired peace officer" means a peace 
officer who:    
			(A)  did not retire in lieu of any disciplinary 
action;             
			(B)  was eligible to retire from a law enforcement 
agency or was ineligible to retire only as a result of an injury 
received in the course of the officer's employment with the agency; 
and
			(C)  is entitled to receive a pension or annuity 
for service as a law enforcement officer or is not entitled to 
receive a pension or annuity only because the law enforcement 
agency that employed the officer does not offer a pension or annuity 
to its employees.
		(2)  "Informant" [, "informant"] means a person who has 
communicated information to the government in connection with any 
governmental function.
		(3)  "Public servant" includes an honorably retired 
peace officer.   
	SECTION 2.  (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 governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.