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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a criminal offense for damaging certain |
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critical infrastructure facilities and providing for the |
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prosecution of that conduct as manslaughter in certain |
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circumstances; 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 19.04(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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it is shown on the trial of the offense that the defendant committed |
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an offense under Section 28.09 and that conduct caused the death of |
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an individual. |
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SECTION 2. Chapter 28, Penal Code, is amended by adding |
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Section 28.09 to read as follows: |
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Sec. 28.09. DAMAGING CRITICAL INFRASTRUCTURE FACILITY. (a) |
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In this section: |
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(1) "Critical infrastructure facility" means an |
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electrical power generating facility, substation, switching |
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station, electrical control center, or electrical transmission or |
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distribution facility. |
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(2) "Cyber attack" means an attempt to damage, |
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disrupt, or gain unauthorized access to a computer, computer |
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network, or computer system. |
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(3) "Drone" has the meaning assigned by Article 2.33, |
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Code of Criminal Procedure, as added by Chapter 1011 (H.B. 1758), |
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Acts of the 87th Legislature, Regular Session, 2021. |
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(4) "Explosive weapon" has the meaning assigned by |
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Section 28.03. |
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(5) "Extended power outage" means a power outage: |
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(A) lasting for two hours or more; or |
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(B) affecting 1,000 or more meters used to |
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measure electric energy consumption by retail customers. |
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(6) "Firearm" has the meaning assigned by Section |
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46.01. |
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(b) A person commits an offense if, without the effective |
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consent of the owner or operator of a critical infrastructure |
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facility, the person: |
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(1) intentionally or knowingly damages, destroys, |
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vandalizes, or impairs the function of any critical infrastructure |
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facility; and |
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(2) as a result of the conduct described by |
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Subdivision (1), causes an extended power outage. |
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(c) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if: |
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(1) the amount of pecuniary damage to the critical |
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infrastructure facility is $100,000 or more; or |
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(2) the actor uses a firearm, drone, cyber attack, or |
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explosive weapon in the commission of the offense. |
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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, the other law, or both. |
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SECTION 3. 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 4. This Act takes effect September 1, 2023. |
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* * * * * |