By: Ellzey H.B. No. 2746
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the criminal offense of use of laser
pointers; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.13, Penal Code, is amended by
amending Subsection (c) and adding Subsections (d) and (e) to read
as follows:
(c) An offense under this section is a Class C misdemeanor,
except that the offense is a felony of the third degree if the
conduct causes serious bodily injury to the officer.
(d) It is a defense to prosecution under this section that
at the time of the offense the actor was discharging the actor's
duties as a lighting technician at a venue which produces or hosts
events involving laser pointers, including a concert or similar
event.
(e) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2021.