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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of obstructing a highway or other |
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passageway; modifying criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.03, Penal Code, is amended to read as |
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follows: |
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Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (a) A |
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person commits an offense if, without legal privilege or authority, |
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the person [he] intentionally, knowingly, or recklessly: |
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(1) obstructs a highway, street, sidewalk, railway, |
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waterway, elevator, aisle, hallway, entrance, or exit to which the |
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public or a substantial group of the public has access, or any other |
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place used for the passage of persons, vehicles, or conveyances, |
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regardless of the means of creating the obstruction (including the |
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use of U.S. mail, a common or contract carrier, interagency mail, or |
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a telecommunications device) and whether the obstruction arises |
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from the person's [his] acts alone, [or] from the person's [his] |
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acts and the acts of others, or the acts of others; or |
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(2) disobeys a reasonable request or order to move |
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issued by a person the actor knows to be or is informed is a peace |
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officer, a fireman, or a person with authority to control the use of |
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the premises: |
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(A) to prevent obstruction of a highway or any of |
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those areas mentioned in Subdivision (1); or |
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(B) to maintain public safety by dispersing those |
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gathered in dangerous proximity to a fire, riot, or other hazard. |
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(b) As used in [For purposes of] this section: [,] |
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(1) "obstruct" means: |
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(A) to render impassable; or |
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(B) to render passage unreasonably inconvenient |
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or hazardous, including an action that is more likely than not to |
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cause accident or mishap to one or more persons making passage, |
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including the actor. |
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(2) "telecommunications device" has the meaning |
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assigned by Section 33A.01(7). |
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(c) It is an affirmative defense to prosecution of an |
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offense under this section that the person caused an obstruction in |
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order to prevent the commission of a crime; to report suspicious or |
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unreasonable activity; or to summon the aid of law enforcement, |
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fire suppression, or medical assistance. |
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(d) This section does not apply to a person acting for a |
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governmental entity in an official capacity or a person licensed by |
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a government entity to engage in an activity that causes a temporary |
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obstruction. |
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(e) An offense under this section is a Class B misdemeanor, |
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unless it is shown on the trial of the offense that the defendant |
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has not been previously convicted at least one time of an offense |
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under this section, in which event the offense is punishable as a |
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Class C misdemeanor. |
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SECTION 2. 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 3. |
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This Act takes effect September 1, 2017. |