81R3792 SJM-F
By: Frost H.B. No. 1076
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of obstruction of or
retaliation against a process server.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 36.06(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an offense if he intentionally or
knowingly harms or threatens to harm another by an unlawful act:
(1) in retaliation for or on account of the service or
status of another as a:
(A) public servant, process server, witness,
prospective witness, or informant; or
(B) person who has reported or who the actor
knows intends to report the occurrence of a crime; or
(2) to prevent or delay the service of another as a:
(A) public servant, process server, witness,
prospective witness, or informant; or
(B) person who has reported or who the actor
knows intends to report the occurrence of a crime.
(b) In this section:
(1) "Civil process" means all process issued or
sanctioned by a civil court.
(2) "Honorably retired peace officer" means a peace
officer who:
(A) did not retire in lieu of any disciplinary
action;
(B) was eligible to retire from a law enforcement
agency or was ineligible to retire only as a result of an injury
received in the course of the officer's employment with the agency;
and
(C) is entitled to receive a pension or annuity
for service as a law enforcement officer or is not entitled to
receive a pension or annuity only because the law enforcement
agency that employed the officer does not offer a pension or annuity
to its employees.
(3) [(2)] "Informant" means a person who has
communicated information to the government in connection with any
governmental function.
(4) "Process server" means a person who serves civil
process.
(5) [(3)] "Public servant" includes an honorably
retired peace officer.
SECTION 2. This Act takes effect September 1, 2009.