84R10907 LEH-D
By: Shaheen H.B. No. 2687
A BILL TO BE ENTITLED
AN ACT
relating to persons who are public servants for purposes of the
offenses of official oppression and misuse of official information;
creating offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.03, Penal Code, is amended by adding
Subsection (c-1) to read as follows:
(c-1) For purposes of this section, "public servant"
includes:
(1) an officer, employee, or agent of:
(A) the United States;
(B) a branch, department, or agency of the United
States; or
(C) another person acting under a contract with a
branch, department, or agency of the United States to provide a
security or law enforcement service; or
(2) any other person acting under color of federal
law.
SECTION 2. Section 39.06, Penal Code, is amended by adding
Subsection (d-1) to read as follows:
(d-1) For purposes of this section, "public servant"
includes:
(1) an officer, employee, or agent of:
(A) the United States;
(B) a branch, department, or agency of the United
States; or
(C) another person acting under a contract with a
branch, department, or agency of the United States to provide a
security or law enforcement service; or
(2) any other person acting under color of federal
law.
SECTION 3. This Act shall be construed, as a matter of state
law, to be enforceable up to but no further than the maximum
possible extent consistent with federal constitutional
requirements, even if that construction is not readily apparent,
and such constructions are authorized only to the extent necessary
to save the statute from judicial invalidation.
SECTION 4. The change in law made by this Act applies 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. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2015.