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A BILL TO BE ENTITLED
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AN ACT
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relating to harassment of hospital personnel while the person is on |
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hospital property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.11, Texas Penal Code, is amended by |
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amending Subsections (a) and (d) to read as follows: |
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(a) A person commits an offense if, with the intent to |
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assault, harass, or alarm, the person: |
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(1) while imprisoned or confined in a correctional or |
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detention facility, causes another person to contact the blood, |
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seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, |
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any other person, or an animal; |
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(2) while committed to a civil commitment facility, |
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causes: |
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(A) an officer or employee of the Texas Civil |
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Commitment Office to contact the blood, seminal fluid, vaginal |
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fluid, saliva, urine, or feces of the actor, any other person, or an |
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animal: |
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(i) while the officer or employee is |
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lawfully discharging an official duty at a civil commitment |
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facility; or |
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(ii) in retaliation for or on account of an |
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exercise of official power or performance of an official duty by the |
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officer or employee; or |
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(B) a person who contracts with the state to |
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perform a service in the facility or an employee of that person to |
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contact the blood, seminal fluid, vaginal fluid, saliva, urine, or |
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feces of the actor, any other person, or an animal: |
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(i) while the person or employee is engaged |
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in performing a service within the scope of the contract, if the |
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actor knows the person or employee is authorized by the state to |
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provide the service; or |
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(ii) in retaliation for or on account of the |
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person's or employee's performance of a service within the scope of |
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the contract; [or] |
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(3) causes another person the actor knows to be a |
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public servant to contact the blood, seminal fluid, vaginal fluid, |
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saliva, urine, or feces of the actor, any other person, or an animal |
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while the public servant is lawfully discharging an official duty |
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or in retaliation or on account of an exercise of the public |
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servant's official power or performance of an official duty; or |
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(4) while on hospital property, causes hospital |
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personnel to contact the blood, seminal fluid, vaginal fluid, |
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saliva, urine, or feces of the actor, any other person, or an animal |
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as an act of physical force unless the contact occurs in the |
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ordinary course of delivering healthcare services. |
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(d) In this section: [,] |
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(1) "correctional or detention facility" means: |
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(A) [(1)] a secure correctional facility; or |
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(B) [(2)] a "secure correctional facility" or a |
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"secure detention facility" as defined by Section 51.02, Family |
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Code, operated by or under contract with a juvenile board or the |
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Texas Juvenile Justice Department or any other facility operated by |
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or under contract with that department; and |
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(2) "hospital personnel" includes nurses, physicians, |
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physician assistants, maintenance or janitorial staff, |
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receptionists, and other individuals who are employed by or work in |
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a facility that is licensed as a general hospital or special |
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hospital, as those terms are defined by Section 241.003, Health and |
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Safety Code, including a hospital maintained or operated by the |
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state. |
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SECTION 2. This Act takes effect September 1, 2025. |