| 1 | 1 | | S.B. No. 947 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to creating a criminal offense for damaging certain |
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| 6 | 6 | | critical infrastructure facilities and providing for the |
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| 7 | 7 | | prosecution of that conduct as manslaughter in certain |
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| 8 | 8 | | circumstances; increasing a criminal penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 19.04(b), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (b) An offense under this section is a felony of the second |
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| 13 | 13 | | degree, except that the offense is a felony of the first degree if |
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| 14 | 14 | | it is shown on the trial of the offense that the defendant committed |
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| 15 | 15 | | an offense under Section 28.09 and that conduct caused the death of |
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| 16 | 16 | | an individual. |
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| 17 | 17 | | SECTION 2. Chapter 28, Penal Code, is amended by adding |
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| 18 | 18 | | Section 28.09 to read as follows: |
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| 19 | 19 | | Sec. 28.09. DAMAGING CRITICAL INFRASTRUCTURE FACILITY. (a) |
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| 20 | 20 | | In this section: |
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| 21 | 21 | | (1) "Critical infrastructure facility" means an |
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| 22 | 22 | | electrical power generating facility, substation, switching |
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| 23 | 23 | | station, electrical control center, or electrical transmission or |
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| 24 | 24 | | distribution facility. |
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| 25 | 25 | | (2) "Cyber attack" means an attempt to damage, |
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| 26 | 26 | | disrupt, or gain unauthorized access to a computer, computer |
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| 27 | 27 | | network, or computer system. |
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| 28 | 28 | | (3) "Drone" has the meaning assigned by Article 2.33, |
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| 29 | 29 | | Code of Criminal Procedure, as added by Chapter 1011 (H.B. 1758), |
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| 30 | 30 | | Acts of the 87th Legislature, Regular Session, 2021. |
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| 31 | 31 | | (4) "Explosive weapon" has the meaning assigned by |
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| 32 | 32 | | Section 28.03. |
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| 33 | 33 | | (5) "Extended power outage" means a power outage: |
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| 34 | 34 | | (A) lasting for two hours or more; or |
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| 35 | 35 | | (B) affecting 1,000 or more meters used to |
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| 36 | 36 | | measure electric energy consumption by retail customers. |
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| 37 | 37 | | (6) "Firearm" has the meaning assigned by Section |
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| 38 | 38 | | 46.01. |
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| 39 | 39 | | (b) A person commits an offense if, without the effective |
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| 40 | 40 | | consent of the owner or operator of a critical infrastructure |
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| 41 | 41 | | facility, the person: |
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| 42 | 42 | | (1) intentionally or knowingly damages, destroys, |
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| 43 | 43 | | vandalizes, or impairs the function of any critical infrastructure |
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| 44 | 44 | | facility; and |
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| 45 | 45 | | (2) as a result of the conduct described by |
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| 46 | 46 | | Subdivision (1), causes an extended power outage. |
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| 47 | 47 | | (c) An offense under this section is a felony of the second |
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| 48 | 48 | | degree, except that the offense is a felony of the first degree if: |
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| 49 | 49 | | (1) the amount of pecuniary damage to the critical |
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| 50 | 50 | | infrastructure facility is $100,000 or more; or |
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| 51 | 51 | | (2) the actor uses a firearm, drone, cyber attack, or |
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| 52 | 52 | | explosive weapon in the commission of the offense. |
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| 53 | 53 | | (d) If conduct that constitutes an offense under this |
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| 54 | 54 | | section also constitutes an offense under any other law, the actor |
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| 55 | 55 | | may be prosecuted under this section, the other law, or both. |
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| 56 | 56 | | SECTION 3. The change in law made by this Act applies only |
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| 57 | 57 | | to an offense committed on or after the effective date of this Act. |
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| 58 | 58 | | An offense committed before the effective date of this Act is |
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| 59 | 59 | | governed by the law in effect on the date the offense was committed, |
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| 60 | 60 | | and the former law is continued in effect for that purpose. For |
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| 61 | 61 | | purposes of this section, an offense was committed before the |
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| 62 | 62 | | effective date of this Act if any element of the offense occurred |
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| 63 | 63 | | before that date. |
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| 64 | 64 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 65 | 65 | | ______________________________ ______________________________ |
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| 66 | 66 | | President of the Senate Speaker of the House |
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| 67 | 67 | | I hereby certify that S.B. No. 947 passed the Senate on |
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| 68 | 68 | | April 12, 2023, by the following vote: Yeas 31, Nays 0. |
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| 69 | 69 | | ______________________________ |
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| 70 | 70 | | Secretary of the Senate |
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| 71 | 71 | | I hereby certify that S.B. No. 947 passed the House on |
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| 72 | 72 | | May 23, 2023, by the following vote: Yeas 147, Nays 0, one |
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| 73 | 73 | | present not voting. |
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| 74 | 74 | | ______________________________ |
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| 75 | 75 | | Chief Clerk of the House |
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| 76 | 76 | | Approved: |
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| 77 | 77 | | ______________________________ |
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| 78 | 78 | | Date |
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| 79 | 79 | | ______________________________ |
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| 80 | 80 | | Governor |
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