82R22718 MAW-F
 
  By: Woolley H.B. No. 1856
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of and punishment for the offense of
  tampering with a witness.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.05, Penal Code, is amended by
  amending Subsection (d) and adding Subsections (e) and (f) to read
  as follows:
         (d)  An offense under this section is a [state jail] felony
  of the third degree, except that if the official proceeding is part
  of the prosecution of a criminal case, an offense under this section
  is the same category of offense as the most serious offense charged
  in that criminal case.
         (e)  Notwithstanding Subsection (d), if the most serious
  offense charged is a capital felony, an offense under this section
  is a felony of the first degree.
         (f)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2011.