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A BILL TO BE ENTITLED
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AN ACT
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relating to persons who are public servants for purposes of the |
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offenses of official oppression and misuse of official information; |
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creating offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.03, Penal Code, is amended by adding |
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Subsection (c-1) to read as follows: |
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(c-1) For purposes of this section, "public servant" |
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includes: |
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(1) an officer, employee, or agent of: |
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(A) the United States; |
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(B) a branch, department, or agency of the United |
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States; or |
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(C) another person acting under a contract with a |
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branch, department, or agency of the United States to provide a |
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security or law enforcement service; or |
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(2) any other person acting under color of federal |
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law. |
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SECTION 2. Section 39.06, Penal Code, is amended by adding |
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Subsection (d-1) to read as follows: |
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(d-1) For purposes of this section, "public servant" |
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includes: |
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(1) an officer, employee, or agent of: |
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(A) the United States; |
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(B) a branch, department, or agency of the United |
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States; or |
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(C) another person acting under a contract with a |
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branch, department, or agency of the United States to provide a |
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security or law enforcement service; or |
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(2) any other person acting under color of federal |
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law. |
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SECTION 3. This Act shall be construed, as a matter of state |
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law, to be enforceable up to but no further than the maximum |
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possible extent consistent with federal constitutional |
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requirements, even if that construction is not readily apparent, |
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and such constructions are authorized only to the extent necessary |
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to save the statute from judicial invalidation. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2015. |