| 1 | 1 | | 88R9089 MZM-F |
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| 2 | 2 | | By: Hunter H.B. No. 2997 |
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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 creating a criminal offense for damaging certain |
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| 8 | 8 | | critical infrastructure facilities and providing for the |
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| 9 | 9 | | prosecution of that conduct as manslaughter in certain |
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| 10 | 10 | | circumstances; increasing a criminal penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 19.04(b), Penal Code, is amended to read |
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| 13 | 13 | | as follows: |
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| 14 | 14 | | (b) An offense under this section is a felony of the second |
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| 15 | 15 | | degree, except that the offense is a felony of the first degree if |
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| 16 | 16 | | it is shown on the trial of the offense that the defendant committed |
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| 17 | 17 | | an offense under Section 28.09 and that conduct caused the death of |
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| 18 | 18 | | an individual. |
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| 19 | 19 | | SECTION 2. Chapter 28, Penal Code, is amended by adding |
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| 20 | 20 | | Section 28.09 to read as follows: |
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| 21 | 21 | | Sec. 28.09. DAMAGING CRITICAL INFRASTRUCTURE FACILITY. (a) |
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| 22 | 22 | | In this section: |
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| 23 | 23 | | (1) "Critical infrastructure facility" means an |
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| 24 | 24 | | electrical power generating facility, substation, switching |
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| 25 | 25 | | station, electrical control center, or electrical transmission or |
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| 26 | 26 | | distribution facility. |
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| 27 | 27 | | (2) "Explosive weapon" has the meaning assigned by |
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| 28 | 28 | | Section 28.03. |
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| 29 | 29 | | (3) "Extended power outage" means a power outage |
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| 30 | 30 | | lasting for more than 24 hours. |
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| 31 | 31 | | (4) "Firearm" has the meaning assigned by Section |
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| 32 | 32 | | 46.01. |
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| 33 | 33 | | (b) A person commits an offense if, without the effective |
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| 34 | 34 | | consent of the owner or operator of a critical infrastructure |
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| 35 | 35 | | facility, the person: |
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| 36 | 36 | | (1) intentionally or knowingly damages, destroys, |
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| 37 | 37 | | vandalizes, or impairs the function of any critical infrastructure |
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| 38 | 38 | | facility; and |
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| 39 | 39 | | (2) as a result of the conduct described by |
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| 40 | 40 | | Subdivision (1), causes an extended power outage. |
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| 41 | 41 | | (c) An offense under this section is a felony of the second |
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| 42 | 42 | | degree, except that the offense is a felony of the first degree if: |
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| 43 | 43 | | (1) the amount of pecuniary damage to the critical |
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| 44 | 44 | | infrastructure facility is $100,000 or more; or |
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| 45 | 45 | | (2) the actor uses a firearm or explosive weapon in the |
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| 46 | 46 | | commission of the offense. |
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| 47 | 47 | | (d) If conduct that constitutes an offense under this |
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| 48 | 48 | | section also constitutes an offense under any other law, the actor |
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| 49 | 49 | | may be prosecuted under this section, the other law, or both. |
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| 50 | 50 | | SECTION 3. The change in law made by this Act applies only |
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| 51 | 51 | | to an offense committed on or after the effective date of this Act. |
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| 52 | 52 | | An offense committed before the effective date of this Act is |
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| 53 | 53 | | governed by the law in effect on the date the offense was committed, |
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| 54 | 54 | | and the former law is continued in effect for that purpose. For |
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| 55 | 55 | | purposes of this section, an offense was committed before the |
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| 56 | 56 | | effective date of this Act if any element of the offense occurred |
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| 57 | 57 | | before that date. |
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| 58 | 58 | | SECTION 4. This Act takes effect September 1, 2023. |
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