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A BILL TO BE ENTITLED
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AN ACT
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relating to injurious or disruptive conduct at major venue sporting |
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events; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 9, Penal Code, is amended by adding Chapter |
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44 to read as follows: |
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CHAPTER 44. CAUSING INJURY OR DISRUPTION DURING |
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MAJOR VENUE SPORTING EVENT |
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Sec. 44.01. DEFINITIONS. In this chapter: |
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(1) "Dangerous instrument" means an instrument, an |
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object, or a substance that, under the circumstances in which it is |
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used, attempted to be used, or threatened to be used, is readily |
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capable of causing death or other serious physical injury or harm. |
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(2) "Major venue sporting event" means an athletic |
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competition or practice involving a professional team or an |
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athletic competition or practice being conducted in a venue with a |
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permanent seating capacity of more than 5,000. The duration of the |
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competition or practice includes the period from the opening of the |
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venue's gates to the public until the closing of the gates after the |
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event. |
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(3) "Restricted area" includes an area designated for |
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use by players, coaches, officials, or other team or league |
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personnel that is on or adjacent to the area of play during the |
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period from the opening of the venue's gates to the public to the |
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closing of the gates after a major venue sporting event. |
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(4) "Sports participant" means an umpire, referee, |
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player, coach, manager, security employee, groundskeeper, stadium |
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operations employee, or any other sanctioned participant in a major |
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venue sporting event. |
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(5) "Substance" includes any liquid or saliva. |
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Sec. 44.02. ENTRY ONTO RESTRICTED AREA. (a) A person |
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other than a sports participant who knowingly enters or remains |
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unlawfully on the restricted area of a major venue sporting event |
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commits an offense. |
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(b) An offense under this subsection is a Class A |
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misdemeanor. |
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Sec. 44.03. SUBJECTING PARTICIPANT TO CONTACT WITH A |
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SUBSTANCE OR OBJECT. (a) A person other than a sports participant |
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who subjects a sports participant to contact by means of any |
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instrument, object, or substance during a major venue sporting |
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event, or who attempts to do so, with the intent to cause physical |
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injury to the participant or to disrupt the event commits an |
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offense. |
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(b) If an offense committed under this section involves the |
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use of a dangerous instrument, the offense is a Class A misdemeanor. |
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(c) If an offense committed under this section involves the |
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use of an instrument, an object, or a substance other than a |
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dangerous instrument, the offense is a Class B misdemeanor. |
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Sec. 44.04. THROWING OR PLACING A SUBSTANCE OR OBJECT ON |
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PLAYING AREA. (a) A person other than a sports participant who |
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places, drops, tosses, or hurls any instrument, object, or |
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substance onto the restricted area of a major venue sporting event, |
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or who attempts to do so, with the intent to cause physical injury |
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to a participant during the event or to disrupt the event commits an |
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offense. |
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(b) If an offense committed under this section involves the |
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use of a dangerous instrument, the offense is a Class A misdemeanor. |
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(c) If an offense committed under this section involves the |
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use of an instrument, an object, or a substance other than a |
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dangerous instrument, the offense is a Class B misdemeanor. |
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Sec. 44.05. USING PHYSICAL CONTACT TO CAUSE INJURY OR |
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DISRUPTION DURING SPORTING EVENT. (a) A person other than a |
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sports participant who strikes, slaps, kicks, or otherwise subjects |
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to physical contact a sports participant during a major venue |
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sporting event, or who attempts to do so, with the intent to cause |
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physical injury to the participant or with the intent to disrupt the |
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event commits an offense. |
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(b) An offense under this section is a Class A misdemeanor. |
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Sec. 44.06. CIVIL DAMAGES. (a) A person who violates |
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Section 44.02 or 44.04 is liable to any person injured or aggrieved |
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by conduct described by those sections for civil damages of not less |
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than $1,000 and not more than $5,000. |
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(b) A person who violates Section 44.03 or 44.05 is liable |
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to any person injured or aggrieved by conduct described by those |
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sections for civil damages of not less than $10,000 and not more |
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than $25,000. |
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(c) The civil damages under this section are in addition to |
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any criminal penalty or sanction that may be imposed, and the civil |
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damages do not limit or preclude any other cause of action available |
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to a person injured or aggrieved by conduct prohibited under this |
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chapter. |
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SECTION 2. This Act takes effect September 1, 2007. |