By: A. Johnson of Harris H.B. No. 3062
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for the offense of aggravated assault.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.02(b), Penal Code, is amended to read
  as follows:
         (b)  An offense under this section is a felony of the second
  degree, except that the offense is a felony of the first degree if:
               (1)  the actor uses a deadly weapon during the
  commission of the assault and causes serious bodily injury to a
  person whose relationship to or association with the defendant is
  described by Section 71.0021(b), 71.003, or 71.005, Family Code;
               (2)  regardless of whether the offense is committed
  under Subsection (a)(1) or (a)(2), the offense is committed:
                     (A)  by a public servant acting under color of the
  servant's office or employment;
                     (B)  against a person the actor knows is a public
  servant while the public servant is lawfully discharging an
  official duty, or in retaliation or on account of an exercise of
  official power or performance of an official duty as a public
  servant;
                     (C)  in retaliation against or on account of the
  service of another as a witness, prospective witness, informant, or
  person who has reported the occurrence of a crime;
                     (D)  against a person the actor knows is a process
  server while the person is performing a duty as a process server; or
                     (E)  against a person the actor knows is a
  security officer while the officer is performing a duty as a
  security officer; or
               (3)  the actor is inside of or directly en route to or
  from a motor vehicle, as defined by Section 501.002, Transportation
  Code, and:
                     (A)  knowingly discharges a firearm at or in the
  direction of a habitation, building, or vehicle;
                     (B)  is reckless as to whether the habitation,
  building, or vehicle is occupied; and
                     (C)  in discharging the firearm:
                           (i)  [,]causes [serious] bodily injury to
  any person or damage to any property; or
                           (ii)  threatens places another in fear of
  immenent serious bodily injury.injury to any person.
         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, 2023.