87R8340 MEW-D
By: Ellzey H.B. No. 2135
A BILL TO BE ENTITLED
AN ACT
relating to enhancing the criminal penalty for aggravated assault
committed in or on school property or on a passenger transportation
vehicle of a primary or secondary school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.02(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if:
(1) the actor uses a deadly weapon during the
commission of the assault and causes serious bodily injury to a
person whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code;
(2) regardless of whether the offense is committed
under Subsection (a)(1) or (a)(2), the offense is committed:
(A) by a public servant acting under color of the
servant's office or employment;
(B) against a person the actor knows is a public
servant while the public servant is lawfully discharging an
official duty, or in retaliation or on account of an exercise of
official power or performance of an official duty as a public
servant;
(C) in retaliation against or on account of the
service of another as a witness, prospective witness, informant, or
person who has reported the occurrence of a crime; [or]
(D) against a person the actor knows is a
security officer while the officer is performing a duty as a
security officer;
(E) in or on any property, including a parking
lot, parking garage, or other parking area, that is owned or leased
by a public or private primary or secondary school; or
(F) on a passenger transportation vehicle that
is:
(i) owned or operated by a public or private
primary or secondary school or owned or operated by another entity
under contract with a public or private primary or secondary
school; and
(ii) being used to transport persons to or
from the school or school-sponsored activities; or
(3) the actor is in a motor vehicle, as defined by
Section 501.002, Transportation Code, and:
(A) knowingly discharges a firearm at or in the
direction of a habitation, building, or vehicle;
(B) is reckless as to whether the habitation,
building, or vehicle is occupied; and
(C) in discharging the firearm, causes serious
bodily injury to any person.
SECTION 2. 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 3. This Act takes effect September 1, 2021.