Texas 2017 - 85th Regular

Texas House Bill HB2930 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Moody H.B. No. 2930
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the offense of obstructing a highway or other
7	7	passageway; modifying criminal penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 42.03, Penal Code, is amended to read as
10	10	follows:
11	11	Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (a) A
12	12	person commits an offense if, without legal privilege or authority,
13	13	the person [he] intentionally, knowingly, or recklessly:
14	14	(1) obstructs a highway, street, sidewalk, railway,
15	15	waterway, elevator, aisle, hallway, entrance, or exit to which the
16	16	public or a substantial group of the public has access, or any other
17	17	place used for the passage of persons, vehicles, or conveyances,
18	18	regardless of the means of creating the obstruction (including the
19	19	use of U.S. mail, a common or contract carrier, interagency mail, or
20	20	a telecommunications device) and whether the obstruction arises
21	21	from the person's [his] acts alone, [or] from the person's [his]
22	22	acts and the acts of others, or the acts of others; or
23	23	(2) disobeys a reasonable request or order to move
24	24	issued by a person the actor knows to be or is informed is a peace
25	25	officer, a fireman, or a person with authority to control the use of
26	26	the premises:
27	27	(A) to prevent obstruction of a highway or any of
28	28	those areas mentioned in Subdivision (1); or
29	29	(B) to maintain public safety by dispersing those
30	30	gathered in dangerous proximity to a fire, riot, or other hazard.
31	31	(b) As used in [For purposes of] this section: [,]
32	32	(1) "obstruct" means:
33	33	(A) to render impassable; or
34	34	(B) to render passage unreasonably inconvenient
35	35	or hazardous, including an action that is more likely than not to
36	36	cause accident or mishap to one or more persons making passage,
37	37	including the actor.
38	38	(2) "telecommunications device" has the meaning
39	39	assigned by Section 33A.01(7).
40	40	(c) It is an affirmative defense to prosecution of an
41	41	offense under this section that the person caused an obstruction in
42	42	order to prevent the commission of a crime; to report suspicious or
43	43	unreasonable activity; or to summon the aid of law enforcement,
44	44	fire suppression, or medical assistance.
45	45	(d) This section does not apply to a person acting for a
46	46	governmental entity in an official capacity or a person licensed by
47	47	a government entity to engage in an activity that causes a temporary
48	48	obstruction.
49	49	(e) An offense under this section is a Class B misdemeanor,
50	50	unless it is shown on the trial of the offense that the defendant
51	51	has not been previously convicted at least one time of an offense
52	52	under this section, in which event the offense is punishable as a
53	53	Class C misdemeanor.
54	54	SECTION 2. The change in law made by this Act applies only
55	55	to an offense committed on or after the effective date of this Act.
56	56	An offense committed before the effective date of this Act is
57	57	governed by the law in effect on the date the offense was committed,
58	58	and the former law is continued in effect for that purpose. For
59	59	purposes of this section, an offense was committed before the
60	60	effective date of this Act if any element of the offense occurred
61	61	before that date.
62	62	SECTION 3.
63	63	This Act takes effect September 1, 2017.