H.B. No. 3157
 
 
 
 
AN ACT
  relating to the criminal offenses of violation of civil rights of
  and improper sexual activity with persons in custody; increasing a
  criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.04(b), Penal Code, is amended to read
  as follows:
         (b)  An offense under Subsection (a)(1) is a felony of the
  third degree [Class A misdemeanor]. An offense under Subsection
  (a)(2) is a [state jail] felony of the second degree, except that an
  offense under Subsection (a)(2) is a felony of the first [second]
  degree if the offense is committed against:
               (1)  an individual in the custody of the Texas Juvenile
  Justice Department or placed in a juvenile facility; or
               (2)  a juvenile offender detained in or committed to a
  correctional facility.
         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, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3157 was passed by the House on May
  14, 2021, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3157 on May 28, 2021, by the following vote:  Yeas 143, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3157 was passed by the Senate, with
  amendments, on May 26, 2021, by the following vote:  Yeas 29, Nays
  2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor