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A BILL TO BE ENTITLED
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AN ACT
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relating to the consequences for an elected officer who threatens, |
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punishes, or intimidates a person based on the person's religious |
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beliefs; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.022(4), Local Government Code, is |
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amended to read as follows: |
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(4) "Official misconduct" means intentional unlawful |
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behavior relating to official duties by an officer entrusted with |
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the administration of justice or the execution of the law. The term |
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includes an intentional or corrupt failure, refusal, or neglect of |
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an officer to perform a duty imposed on the officer by law or the use |
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of an officer's office to threaten, punish, or intimidate an |
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individual based on the individual's religious beliefs. |
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SECTION 2. Subchapter C, Chapter 26, Local Government Code, |
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is amended by adding Section 26.048 to read as follows: |
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Sec. 26.048. REMOVAL FROM OFFICE FOR RELIGIOUS TARGETING. |
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An elected officer of a municipality may be removed from office |
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under the municipality's removal procedures for the use of the |
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officer's office to threaten, punish, or intimidate an individual |
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based on the individual's religious beliefs. |
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SECTION 3. Section 87.011(3), Local Government Code, is |
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amended to read as follows: |
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(3) "Official misconduct" means intentional, unlawful |
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behavior relating to official duties by an officer entrusted with |
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the administration of justice or the execution of the law. The term |
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includes an intentional or corrupt failure, refusal, or neglect of |
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an officer to perform a duty imposed on the officer by law or the use |
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of an officer's office to threaten, punish, or intimidate an |
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individual based on the individual's religious beliefs. |
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SECTION 4. Section 39.03(a), Penal Code, is amended to read |
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as follows: |
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(a) A public servant acting under color of his office or |
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employment commits an offense if he: |
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(1) intentionally subjects another to mistreatment or |
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to arrest, detention, search, seizure, dispossession, assessment, |
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or lien that he knows is unlawful; |
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(2) intentionally denies or impedes another in the |
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exercise or enjoyment of any right, privilege, power, or immunity, |
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knowing his conduct is unlawful; [or] |
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(3) intentionally subjects another to sexual |
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harassment; or |
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(4) is an elected officer and intentionally threatens, |
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punishes, or intimidates another based on the other's religious |
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beliefs. |
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SECTION 5. This Act takes effect September 1, 2015. |