S.B. No. 482

AN ACT

relating to the offenses of assault, harassment, and interference with public duties committed against certain employees or agents of a utility.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.50(b), Penal Code, is amended to read as follows:

(b) The increase in punishment authorized by this section applies only to an offense under:

(1) Section 20.05;

(2) Section 20.06;

(3) Section 20.07;

(4) Section 22.01;

(5) Section 28.02;

(6) Section 29.02;

(7) Section 30.02;

(8) Section 30.03;

(9) Section 30.04;

(10) Section 30.05; [and]

(11) Section 31.03; and

(12) Section 38.15.

SECTION 2. Sections 22.01(b) and (d), Penal Code, are amended to read as follows:

(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:

(1) 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;

(2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if:

(A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense that was committed:

(i) against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and

(ii) under:

(a) this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11;

(b) Section 25.07, if the applicable violation was based on the commission of family violence as described by Subsection (a)(1) of that section; or

(c) Section 25.072, if any of the applicable violations were based on the commission of family violence as described by Section 25.07(a)(1); or

(B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth;

(3) a person who contracts with government to perform a service in a facility described by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person:

(A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or

(B) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract;

(4) a person the actor knows is a security officer while the officer is performing a duty as a security officer;

(5) a person the actor knows is emergency services personnel while the person is providing emergency services;

(6) a person the actor knows is a process server while the person is performing a duty as a process server;

(7) a pregnant individual to force the individual to have an abortion;

(8) a person the actor knows is pregnant at the time of the offense; [or]

(9) a person the actor knows is hospital personnel while the person is located on hospital property, including all land and buildings owned or leased by the hospital; or

(10) 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.

(d) 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, [as a public servant] or status, as applicable [a security officer or emergency services personnel].

SECTION 3. Section 22.01(e), Penal Code, is amended by adding Subdivision (5) to read as follows:

(5) "Utility" means:

(A) an electric utility, as defined by Section 31.002, Utilities Code;

(B) a telecommunications provider, as defined by Section 51.002, Utilities Code;

(C) a cable service provider or video service provider, as defined by Section 66.002, Utilities Code;

(D) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section;

(E) a gas utility, as defined by Section 121.001, Utilities Code;

(F) a pipeline used for the transportation or sale of oil, gas, or related products; or

(G) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code.

SECTION 4. Sections 38.15(a) and (e), Penal Code, are amended to read as follows:

(a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:

(1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;

(2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons while the person is performing that duty;

(3) a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire;

(4) an animal under the supervision of a peace officer, corrections officer, or jailer, if the person knows the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes;

(5) the transmission of a communication over a citizen's band radio channel, the purpose of which communication is to inform or inquire about an emergency;

(6) an officer with responsibility for animal control in a county or municipality, while the officer is performing a duty or exercising authority imposed or granted under Chapter 821 or 822, Health and Safety Code; [or]

(7) a person who:

(A) has responsibility for assessing, enacting, or enforcing public health, environmental, radiation, or safety measures for the state or a county or municipality;

(B) is investigating a particular site as part of the person's responsibilities under Paragraph (A);

(C) is acting in accordance with policies and procedures related to the safety and security of the site described by Paragraph (B); and

(D) is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code; or

(8) 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.

(e) In this section:

(1) "Emergency" [, "emergency"] means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction.

(2) "Utility" means:

(A) an electric utility, as defined by Section 31.002, Utilities Code;

(B) a telecommunications provider, as defined by Section 51.002, Utilities Code;

(C) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code;

(D) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section;

(E) a gas utility, as defined by Section 121.001, Utilities Code;

(F) a pipeline used for the transportation or sale of oil, gas, or related products;

(G) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code;

(H) a broadband provider, as defined by Section 253.0001, Utilities Code; or

(I) a retail water or sewer utility service, as defined by Section 13.002, Water Code.

SECTION 5. Section 42.07(b), Penal Code, is amended by adding Subdivision (4) to read as follows:

(4) "Utility" has the meaning assigned by Section 22.01(e).

SECTION 6. Section 42.07(c), Penal Code, is amended to read as follows:

(c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:

(1) the actor has previously been convicted under this section; [or]

(2) the offense was committed under Subsection (a)(7) or (8) and:

(A) the offense was committed against a child under 18 years of age with the intent that the child:

(i) commit suicide; or

(ii) engage in conduct causing serious bodily injury to the child; or

(B) the actor has previously violated a temporary restraining order or injunction issued under Chapter 129A, Civil Practice and Remedies Code; or

(3) 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.

SECTION 7. The changes in law made by this Act apply 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.

SECTION 8. This Act takes effect September 1, 2025.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 482 passed the Senate on April 29, 2025, by the following vote: Yeas 30, Nays 1; and that the Senate concurred in House amendments on May 22, 2025, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 482 passed the House, with amendments, on May 20, 2025, by the following vote: Yeas 130, Nays 16, two present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor