88R5771 JSC-D
 
  By: Rosenthal H.B. No. 1028
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to engaging in certain prohibited conduct with the intent
  to intimidate or interfere with a person seeking or providing
  health care services or attending an established place of religious
  worship; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.01(d), Penal Code, is amended to read
  as follows:
         (d)  An offense under this section is a Class C misdemeanor,
  except that the offense is a Class B misdemeanor if the offense was
  [unless] committed:
               (1)  under Subsection (a)(7) or (a)(8); or
               (2)  under Subsection (a)(4), if the actor engaged in
  the prohibited conduct with the intent to intimidate or interfere
  with a person:
                     (A)  seeking or providing health care services; or
                     (B)  attending an established place of religious
  worship[, in which event it is a Class B misdemeanor].
         SECTION 2.  Section 42.04, Penal Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (d) to read
  as follows:
         (a)  Except as provided by Subsection (d), if [If] conduct
  that would otherwise violate Section 42.01(a)(5) (Unreasonable
  Noise), 42.03 (Obstructing Passageway), or 42.055 (Funeral Service
  Disruptions) consists of speech or other communication, of
  gathering with others to hear or observe such speech or
  communication, or of gathering with others to picket or otherwise
  express in a nonviolent manner a position on social, economic,
  political, or religious questions, the actor must be ordered to
  move, disperse, or otherwise remedy the violation prior to his
  arrest if he has not yet intentionally harmed the interests of
  others which those sections seek to protect.
         (c)  Except as provided by Subsection (d), it [It] is a
  defense to prosecution under Section 42.01(a)(5), 42.03, or 42.055:
               (1)  that in circumstances in which this section
  requires an order no order was given;
               (2)  that an order, if given, was manifestly
  unreasonable in scope; or
               (3)  that an order, if given, was promptly obeyed.
         (d)  An order under Subsection (a) is not required, and the
  defense provided under Subsection (c) does not apply, in the
  prosecution of an offense under Section 42.03 if the actor engaged
  in the prohibited conduct:
               (1)  with respect to the entry of a health care facility
  or established place of religious worship; and
               (2)  with the intent to intimidate or interfere with a
  person seeking or providing health care services at the facility or
  attending the place of worship, as applicable.
         SECTION 3.  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 4.  This Act takes effect September 1, 2023.