By: King S.B. No. 947
A BILL TO BE ENTITLED
AN ACT
relating to creating a criminal offense for damaging certain
critical infrastructure facilities and providing for the
prosecution of that conduct as manslaughter in certain
circumstances; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 19.04(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
it is shown on the trial of the offense that the defendant committed
an offense under Section 28.09 and that conduct caused the death of
an individual.
SECTION 2. Chapter 28, Penal Code, is amended by adding
Section 28.09 to read as follows:
Sec. 28.09. DAMAGING CRITICAL INFRASTRUCTURE FACILITY. (a)
In this section:
(1) "Critical infrastructure facility" means an
electrical power generating facility, substation, switching
station, electrical control center, or electrical transmission or
distribution facility.
(2) "Cyber attack" means an attempt to damage,
disrupt, or gain unauthorized access to a computer, computer
network, or computer system.
(3) "Drone" has the meaning assigned by Article 2.33,
Code of Criminal Procedure, as added by Chapter 1011 (H.B. 1758),
Acts of the 87th Legislature, Regular Session, 2021.
(4) "Explosive weapon" has the meaning assigned by
Section 28.03.
(5) "Extended power outage" means a power outage:
(A) lasting for two hours or more; or
(B) affecting 1,000 or more meters used to
measure electric energy consumption by retail customers.
(6) "Firearm" has the meaning assigned by Section
46.01.
(b) A person commits an offense if, without the effective
consent of the owner or operator of a critical infrastructure
facility, the person:
(1) intentionally or knowingly damages, destroys,
vandalizes, or impairs the function of any critical infrastructure
facility; and
(2) as a result of the conduct described by
Subdivision (1), causes an extended power outage.
(c) 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 amount of pecuniary damage to the critical
infrastructure facility is $100,000 or more; or
(2) the actor uses a firearm, drone, cyber attack, or
explosive weapon in the commission of the offense.
(d) 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 3. 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 4. This Act takes effect September 1, 2023.