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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of official oppression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.03, Penal Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (e) to read |
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as follows: |
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(a) A public servant acting under color of the public |
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servant's [his] office or employment commits an offense if the |
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public servant [he]: |
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(1) intentionally subjects another to mistreatment or |
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to arrest, detention, search, seizure, dispossession, assessment, |
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or lien that the public servant [he] knows is unlawful; |
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(2) intentionally denies or impedes another in the |
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exercise or enjoyment of any right, privilege, power, or immunity, |
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knowing the public servant's [his] conduct is unlawful; [or] |
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(3) intentionally subjects another to sexual |
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harassment; or |
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(4) directly provides an alcoholic beverage to a |
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legislative employee or intern who is younger than 21 years of age. |
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(d) An offense under Subsection (a)(1), (2), or (3) [this |
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section] is a Class A misdemeanor, except that the [an] offense is a |
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felony of the third degree if the public servant acted with the |
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intent to impair the accuracy of data reported to the Texas |
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Education Agency through the Public Education Information |
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Management System (PEIMS) described by Sections 48.008 and 48.009, |
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Education Code, under a law requiring that reporting. |
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(e) An offense under Subsection (a)(4) is a Class A |
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misdemeanor with a term of confinement of one year. |
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SECTION 2. 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 |
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Act. 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 3. This Act takes effect September 1, 2023. |