| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to criminal conduct that endangers law enforcement; |
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| 6 | 12 | | creating a criminal offense and increasing a criminal penalty. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 42.13, Penal Code, is amended by |
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| 9 | 15 | | amending Subsection (c) and adding Subsection (d) to read as |
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| 10 | 16 | | follows: |
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| 11 | 17 | | (c) An offense under this section is a Class C misdemeanor, |
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| 12 | 18 | | except that the offense is: |
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| 13 | 19 | | (1) a felony of the third degree if the conduct causes |
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| 14 | 20 | | bodily injury to the officer; or |
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| 15 | 21 | | (2) a felony of the first degree if the conduct causes |
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| 16 | 22 | | serious bodily injury to the officer. |
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| 17 | 23 | | (d) If conduct that constitutes an offense under this |
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| 18 | 24 | | section also constitutes an offense under any other law, the actor |
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| 19 | 25 | | may be prosecuted under this section or the other law, but not both. |
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| 20 | 26 | | SECTION 2. Title 10, Penal Code, is amended by adding |
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| 21 | 27 | | Chapter 50 to read as follows: |
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| 22 | 28 | | CHAPTER 50. FIREWORKS |
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| 23 | 29 | | Sec. 50.01. DEFINITIONS. In this chapter: |
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| 24 | 30 | | (1) "Consumer firework" and "fireworks" have the |
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| 25 | 31 | | meanings assigned by 49 C.F.R. Section 173.59. |
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| 26 | 32 | | (2) "Law enforcement officer" means a person who is a |
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| 27 | 33 | | peace officer under Article 2.12, Code of Criminal Procedure, or a |
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| 28 | 34 | | person who is a federal law enforcement officer, as defined by 5 |
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| 29 | 35 | | U.S.C. Section 8331(20). |
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| 30 | 36 | | Sec. 50.02. UNLAWFUL USE OF FIREWORKS. (a) A person |
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| 31 | 37 | | commits an offense if the person explodes or ignites fireworks with |
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| 32 | 38 | | the intent to: |
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| 33 | 39 | | (1) interfere with the lawful performance of an |
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| 34 | 40 | | official duty by a law enforcement officer; or |
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| 35 | 41 | | (2) flee from a person the actor knows is a law |
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| 36 | 42 | | enforcement officer attempting to lawfully arrest or detain the |
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| 37 | 43 | | actor. |
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| 38 | 44 | | (b) Except as provided by Subsections (c) and (d), an |
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| 39 | 45 | | offense under this section is a state jail felony. |
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| 40 | 46 | | (c) An offense under this section that involves any firework |
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| 41 | 47 | | that is not a consumer firework is a second degree felony. |
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| 42 | 48 | | (d) Notwithstanding Subsection (c), an offense under this |
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| 43 | 49 | | section is a felony of the first degree if the offense causes |
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| 44 | 50 | | serious bodily injury to a person the actor knows is a law |
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| 45 | 51 | | enforcement officer while the law enforcement officer is lawfully |
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| 46 | 52 | | discharging an official duty or in retaliation or on account of an |
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| 47 | 53 | | exercise of official power or performance of an official duty as a |
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| 48 | 54 | | law enforcement officer. |
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| 49 | 55 | | (e) If conduct constituting an offense under this section |
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| 50 | 56 | | also constitutes an offense under any other law, the actor may be |
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| 51 | 57 | | prosecuted under this section, the other law, or both. |
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| 52 | 58 | | SECTION 3. The changes in law made by this Act apply only to |
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| 53 | 59 | | an offense committed on or after the effective date of this Act. An |
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| 54 | 60 | | offense committed before the effective date of this Act is governed |
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| 55 | 61 | | by the law in effect when the offense was committed, and the former |
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| 56 | 62 | | law is continued in effect for that purpose. For purposes of this |
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| 57 | 63 | | section, an offense was committed before the effective date of this |
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| 58 | 64 | | Act if any element of the offense occurred before that date. |
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| 59 | 65 | | SECTION 4. This Act takes effect September 1, 2021. |
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| 60 | | - | ______________________________ ______________________________ |
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| 61 | | - | President of the Senate Speaker of the House |
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| 62 | | - | I certify that H.B. No. 2366 was passed by the House on April |
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| 63 | | - | 30, 2021, by the following vote: Yeas 119, Nays 12, 1 present, not |
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| 64 | | - | voting. |
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| 65 | | - | ______________________________ |
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| 66 | | - | Chief Clerk of the House |
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| 67 | | - | I certify that H.B. No. 2366 was passed by the Senate on May |
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| 68 | | - | 24, 2021, by the following vote: Yeas 29, Nays 1. |
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| 69 | | - | ______________________________ |
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| 70 | | - | Secretary of the Senate |
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| 71 | | - | APPROVED: _____________________ |
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| 72 | | - | Date |
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| 73 | | - | _____________________ |
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| 74 | | - | Governor |
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| 66 | + | * * * * * |
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