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AN ACT
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relating to criminal conduct that endangers law enforcement; |
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creating a criminal offense and increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.13, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) An offense under this section is a Class C misdemeanor, |
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except that the offense is: |
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(1) a felony of the third degree if the conduct causes |
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bodily injury to the officer; or |
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(2) a felony of the first degree if the conduct causes |
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serious bodily injury to the officer. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section or the other law, but not both. |
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SECTION 2. Title 10, Penal Code, is amended by adding |
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Chapter 50 to read as follows: |
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CHAPTER 50. FIREWORKS |
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Sec. 50.01. DEFINITIONS. In this chapter: |
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(1) "Consumer firework" and "fireworks" have the |
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meanings assigned by 49 C.F.R. Section 173.59. |
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(2) "Law enforcement officer" means a person who is a |
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peace officer under Article 2.12, Code of Criminal Procedure, or a |
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person who is a federal law enforcement officer, as defined by 5 |
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U.S.C. Section 8331(20). |
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Sec. 50.02. UNLAWFUL USE OF FIREWORKS. (a) A person |
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commits an offense if the person explodes or ignites fireworks with |
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the intent to: |
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(1) interfere with the lawful performance of an |
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official duty by a law enforcement officer; or |
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(2) flee from a person the actor knows is a law |
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enforcement officer attempting to lawfully arrest or detain the |
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actor. |
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(b) Except as provided by Subsections (c) and (d), an |
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offense under this section is a state jail felony. |
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(c) An offense under this section that involves any firework |
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that is not a consumer firework is a second degree felony. |
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(d) Notwithstanding Subsection (c), an offense under this |
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section is a felony of the first degree if the offense causes |
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serious bodily injury to a person the actor knows is a law |
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enforcement officer while the law enforcement officer is lawfully |
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discharging an official duty or in retaliation or on account of an |
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exercise of official power or performance of an official duty as a |
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law enforcement officer. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under any other law, the actor may be |
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prosecuted under this section, the other law, or both. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2366 was passed by the House on April |
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30, 2021, by the following vote: Yeas 119, Nays 12, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2366 was passed by the Senate on May |
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24, 2021, by the following vote: Yeas 29, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |