| 1 | 1 | | 84R10907 LEH-D |
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| 2 | 2 | | By: Shaheen H.B. No. 2687 |
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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 persons who are public servants for purposes of the |
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| 8 | 8 | | offenses of official oppression and misuse of official information; |
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| 9 | 9 | | creating offenses. |
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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 39.03, Penal Code, is amended by adding |
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| 12 | 12 | | Subsection (c-1) to read as follows: |
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| 13 | 13 | | (c-1) For purposes of this section, "public servant" |
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| 14 | 14 | | includes: |
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| 15 | 15 | | (1) an officer, employee, or agent of: |
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| 16 | 16 | | (A) the United States; |
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| 17 | 17 | | (B) a branch, department, or agency of the United |
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| 18 | 18 | | States; or |
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| 19 | 19 | | (C) another person acting under a contract with a |
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| 20 | 20 | | branch, department, or agency of the United States to provide a |
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| 21 | 21 | | security or law enforcement service; or |
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| 22 | 22 | | (2) any other person acting under color of federal |
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| 23 | 23 | | law. |
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| 24 | 24 | | SECTION 2. Section 39.06, Penal Code, is amended by adding |
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| 25 | 25 | | Subsection (d-1) to read as follows: |
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| 26 | 26 | | (d-1) For purposes of this section, "public servant" |
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| 27 | 27 | | includes: |
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| 28 | 28 | | (1) an officer, employee, or agent of: |
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| 29 | 29 | | (A) the United States; |
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| 30 | 30 | | (B) a branch, department, or agency of the United |
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| 31 | 31 | | States; or |
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| 32 | 32 | | (C) another person acting under a contract with a |
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| 33 | 33 | | branch, department, or agency of the United States to provide a |
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| 34 | 34 | | security or law enforcement service; or |
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| 35 | 35 | | (2) any other person acting under color of federal |
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| 36 | 36 | | law. |
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| 37 | 37 | | SECTION 3. This Act shall be construed, as a matter of state |
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| 38 | 38 | | law, to be enforceable up to but no further than the maximum |
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| 39 | 39 | | possible extent consistent with federal constitutional |
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| 40 | 40 | | requirements, even if that construction is not readily apparent, |
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| 41 | 41 | | and such constructions are authorized only to the extent necessary |
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| 42 | 42 | | to save the statute from judicial invalidation. |
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| 43 | 43 | | SECTION 4. The change in law made by this Act applies only |
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| 44 | 44 | | to an offense committed on or after the effective date of this Act. |
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| 45 | 45 | | An offense committed before the effective date of this Act is |
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| 46 | 46 | | governed by the law in effect on the date the offense was committed, |
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| 47 | 47 | | and the former law is continued in effect for that purpose. For |
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| 48 | 48 | | purposes of this section, an offense was committed before the |
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| 49 | 49 | | effective date of this Act if any element of the offense occurred |
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| 50 | 50 | | before that date. |
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| 51 | 51 | | SECTION 5. This Act takes effect September 1, 2015. |
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