BILL ANALYSIS

 

 

Senate Research Center

S.B. 482

 

By: Alvarado et al.

 

Criminal Justice

 

6/12/2025

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In the wake of Hurricane Beryl, utility workers restoring power faced not only the physical challenges of repairing downed power lines but also alarming hostility from some members of the public. These workers were met with harassment, verbal threats and, in some cases, physical assaults that put their safety at risk. They persisted in their essential work despite these dangers, highlighting the need for stronger legal protections for utility workers during emergencies. S.B. 482 enhances protections for utility workers by increasing criminal penalties for offenses committed against them while performing their duties during declared disasters or in areas with evacuation orders.

 

Bill Provisions:

 

As filed, S.B. 482 creates the following amendments to the Penal Code:

         Classifies assault against a utility worker while performing their duties in areas of declared disaster or evacuated areas as a third-degree felony

         Classifies harassment of a utility worker during disasters as a Class A misdemeanor.

         Defines "utility" in detail, covering services like electricity, gas, telecommunications and pipelines.

 

S.B. 482 amends current law relating to the offenses of assault, harassment, and interference with public duties committed against certain employees or agents of a utility.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 12.50(b), Penal Code, to provide that the increase in punishment authorized by Section 12.50 (Penalty If Offense Committed in Disaster Area or Evacuated Area) applies only to an offense under certain sections, including Section 38.15 (Interference With Public Duties), and to make nonsubstantive changes.

 

SECTION 2. Amends Sections 22.01(b) and (d), Penal Code, as follows:

 

(b) Provides that an offense under Subsection (a)(1) (relating to providing that a person commits an assaultive offense if the person intentionally, knowingly, or recklessly causes bodily injury to another) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against certain persons, including a person the actor knows or reasonably should know is an employee or agent of a utility while the person is performing a duty within the scope of that employment or agency. Makes nonsubstantive changes.

 

(d) Provides that, for purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, an employee or agent of a utility, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment, agency, or status, as applicable, rather than indicating the person's employment as a public servant or status as a security officer or emergency services personnel.

 

SECTION 3. Amends Section 22.01(e), Penal Code, by adding Subdivision (5) to define "utility."

 

SECTION 4. Amends Sections 38.15(a) and (e), Penal Code, as follows:

 

(a) Provides that a person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with certain persons, including a person who is an employee or agent of a utility while the person is performing a duty within the scope of that employment or agency. Makes nonsubstantive changes.

 

(e) Defines "utility."

 

SECTION 5. Amends Section 42.07(b), Penal Code, by adding Subdivision (4) to define "utility."

 

SECTION 6. Amends Section 42.07(c), Penal Code, to provide that an offense under Sec. 42.07 (Harassment) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if certain events have occurred, including if the offense was committed against a person the actor knows or reasonably should know is an employee or agent of a utility while the person is performing a duty within the scope of that employment or agency, and to make nonsubstantive changes.

 

SECTION 7. Makes application of this Act prospective.

 

SECTION 8. Effective date: September 1, 2025.