| 1 | 1 | | 84R2848 JSC-D |
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| 2 | 2 | | By: Dutton H.B. No. 563 |
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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 prosecution of and punishment for the offense of |
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| 8 | 8 | | official oppression. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 39.03(a) and (d), Penal Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A public servant acting under color of his office or |
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| 13 | 13 | | employment commits an offense if he: |
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| 14 | 14 | | (1) intentionally subjects another to mistreatment or |
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| 15 | 15 | | to arrest, detention, search, seizure, dispossession, assessment, |
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| 16 | 16 | | or lien that he knows is unlawful; |
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| 17 | 17 | | (2) intentionally denies or impedes another in the |
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| 18 | 18 | | exercise or enjoyment of any right, privilege, power, or immunity, |
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| 19 | 19 | | knowing his conduct is unlawful; [or] |
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| 20 | 20 | | (3) intentionally subjects another to sexual |
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| 21 | 21 | | harassment; or |
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| 22 | 22 | | (4) intentionally subjects another to excessive |
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| 23 | 23 | | physical force. |
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| 24 | 24 | | (d) An offense under this section is a Class A misdemeanor, |
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| 25 | 25 | | except that an offense is a felony of the third degree if: |
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| 26 | 26 | | (1) the public servant acted with the intent to impair |
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| 27 | 27 | | the accuracy of data reported to the Texas Education Agency through |
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| 28 | 28 | | the Public Education Information Management System (PEIMS) |
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| 29 | 29 | | described by Section 42.006, Education Code, under a law requiring |
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| 30 | 30 | | that reporting; or |
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| 31 | 31 | | (2) the actor is a peace officer who engaged in conduct |
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| 32 | 32 | | constituting an offense under Subsection (a)(4). |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to an offense committed on or after the effective date of this Act. |
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| 35 | 35 | | An offense committed before the effective date of this Act is |
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| 36 | 36 | | governed by the law in effect on the date the offense was committed, |
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| 37 | 37 | | and the former law is continued in effect for that purpose. For |
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| 38 | 38 | | purposes of this section, an offense was committed before the |
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| 39 | 39 | | effective date of this Act if any element of the offense occurred |
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| 40 | 40 | | before that date. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2015. |
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