| 1 | 1 | | 84R6883 ATP-D |
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| 2 | 2 | | By: Shaheen H.B. No. 1355 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the consequences for an elected officer who threatens, |
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| 8 | 8 | | punishes, or intimidates a person based on the person's religious |
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| 9 | 9 | | beliefs; creating a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 21.022(4), Local Government Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (4) "Official misconduct" means intentional unlawful |
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| 14 | 14 | | behavior relating to official duties by an officer entrusted with |
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| 15 | 15 | | the administration of justice or the execution of the law. The term |
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| 16 | 16 | | includes an intentional or corrupt failure, refusal, or neglect of |
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| 17 | 17 | | an officer to perform a duty imposed on the officer by law or the use |
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| 18 | 18 | | of an officer's office to threaten, punish, or intimidate an |
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| 19 | 19 | | individual based on the individual's religious beliefs. |
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| 20 | 20 | | SECTION 2. Subchapter C, Chapter 26, Local Government Code, |
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| 21 | 21 | | is amended by adding Section 26.048 to read as follows: |
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| 22 | 22 | | Sec. 26.048. REMOVAL FROM OFFICE FOR RELIGIOUS TARGETING. |
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| 23 | 23 | | An elected officer of a municipality may be removed from office |
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| 24 | 24 | | under the municipality's removal procedures for the use of the |
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| 25 | 25 | | officer's office to threaten, punish, or intimidate an individual |
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| 26 | 26 | | based on the individual's religious beliefs. |
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| 27 | 27 | | SECTION 3. Section 87.011(3), Local Government Code, is |
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| 28 | 28 | | amended to read as follows: |
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| 29 | 29 | | (3) "Official misconduct" means intentional, unlawful |
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| 30 | 30 | | behavior relating to official duties by an officer entrusted with |
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| 31 | 31 | | the administration of justice or the execution of the law. The term |
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| 32 | 32 | | includes an intentional or corrupt failure, refusal, or neglect of |
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| 33 | 33 | | an officer to perform a duty imposed on the officer by law or the use |
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| 34 | 34 | | of an officer's office to threaten, punish, or intimidate an |
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| 35 | 35 | | individual based on the individual's religious beliefs. |
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| 36 | 36 | | SECTION 4. Section 39.03(a), Penal Code, is amended to read |
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| 37 | 37 | | as follows: |
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| 38 | 38 | | (a) A public servant acting under color of his office or |
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| 39 | 39 | | employment commits an offense if he: |
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| 40 | 40 | | (1) intentionally subjects another to mistreatment or |
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| 41 | 41 | | to arrest, detention, search, seizure, dispossession, assessment, |
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| 42 | 42 | | or lien that he knows is unlawful; |
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| 43 | 43 | | (2) intentionally denies or impedes another in the |
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| 44 | 44 | | exercise or enjoyment of any right, privilege, power, or immunity, |
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| 45 | 45 | | knowing his conduct is unlawful; [or] |
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| 46 | 46 | | (3) intentionally subjects another to sexual |
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| 47 | 47 | | harassment; or |
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| 48 | 48 | | (4) is an elected officer and intentionally threatens, |
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| 49 | 49 | | punishes, or intimidates another based on the other's religious |
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| 50 | 50 | | beliefs. |
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| 51 | 51 | | SECTION 5. This Act takes effect September 1, 2015. |
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