89R2903 MZM-D
By: Hull H.B. No. 1160
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for the offense of
assault committed against certain employees or agents of a utility
and to the prosecution of the criminal offense of interference with
public duties of those employees or agents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01(b), Penal Code, is amended to read
as follows:
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the third degree
if the offense is committed against:
(1) a person the actor knows is a public servant while
the public servant is lawfully discharging an official duty, or in
retaliation or on account of an exercise of official power or
performance of an official duty as a public servant;
(2) a person whose relationship to or association with
the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code, if:
(A) it is shown on the trial of the offense that
the defendant has been previously convicted of an offense that was
committed:
(i) against a person whose relationship to
or association with the defendant is described by Section
71.0021(b), 71.003, or 71.005, Family Code; and
(ii) under:
(a) this chapter, Chapter 19, or
Section 20.03, 20.04, 21.11, or 25.11;
(b) Section 25.07, if the applicable
violation was based on the commission of family violence as
described by Subsection (a)(1) of that section; or
(c) Section 25.072, if any of the
applicable violations were based on the commission of family
violence as described by Section 25.07(a)(1); or
(B) the offense is committed by intentionally,
knowingly, or recklessly impeding the normal breathing or
circulation of the blood of the person by applying pressure to the
person's throat or neck or by blocking the person's nose or mouth;
(3) a person who contracts with government to perform
a service in a facility described by Section 1.07(a)(14), Penal
Code, or Section 51.02(13) or (14), Family Code, or an employee of
that person:
(A) while the person or employee is engaged in
performing a service within the scope of the contract, if the actor
knows the person or employee is authorized by government to provide
the service; or
(B) in retaliation for or on account of the
person's or employee's performance of a service within the scope of
the contract;
(4) a person the actor knows is a security officer
while the officer is performing a duty as a security officer;
(5) a person the actor knows is emergency services
personnel while the person is providing emergency services;
(6) a person the actor knows is a process server while
the person is performing a duty as a process server;
(7) a pregnant individual to force the individual to
have an abortion;
(8) a person the actor knows is pregnant at the time of
the offense; [or]
(9) a person the actor knows is hospital personnel
while the person is located on hospital property, including all
land and buildings owned or leased by the hospital; or
(10) a person the actor knows is an employee or agent
of a utility while the person is performing a duty within the scope
of that employment or agency.
SECTION 2. Section 22.01(e), Penal Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Utility" means:
(A) an electric utility, as defined by Section
31.002, Utilities Code;
(B) a telecommunications provider, as defined by
Section 51.002, Utilities Code;
(C) a video service provider or cable service
provider, as defined by Section 66.002, Utilities Code;
(D) a gas utility, as defined by Section 101.003,
Utilities Code, which for the purposes of this subsection includes
a municipally owned utility as defined by that section;
(E) a gas utility, as defined by Section 121.001,
Utilities Code;
(F) a pipeline used for the transportation or
sale of oil, gas, or related products; or
(G) an electric cooperative or municipally owned
utility, as defined by Section 11.003, Utilities Code.
SECTION 3. Sections 38.15(a) and (e), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person with criminal
negligence interrupts, disrupts, impedes, or otherwise interferes
with:
(1) a peace officer while the peace officer is
performing a duty or exercising authority imposed or granted by
law;
(2) a person who is employed to provide emergency
medical services including the transportation of ill or injured
persons while the person is performing that duty;
(3) a fire fighter, while the fire fighter is fighting
a fire or investigating the cause of a fire;
(4) an animal under the supervision of a peace
officer, corrections officer, or jailer, if the person knows the
animal is being used for law enforcement, corrections, prison or
jail security, or investigative purposes;
(5) the transmission of a communication over a
citizen's band radio channel, the purpose of which communication is
to inform or inquire about an emergency;
(6) an officer with responsibility for animal control
in a county or municipality, while the officer is performing a duty
or exercising authority imposed or granted under Chapter 821 or
822, Health and Safety Code; [or]
(7) a person who:
(A) has responsibility for assessing, enacting,
or enforcing public health, environmental, radiation, or safety
measures for the state or a county or municipality;
(B) is investigating a particular site as part of
the person's responsibilities under Paragraph (A);
(C) is acting in accordance with policies and
procedures related to the safety and security of the site described
by Paragraph (B); and
(D) is performing a duty or exercising authority
imposed or granted under the Agriculture Code, Health and Safety
Code, Occupations Code, or Water Code; or
(8) a person who is an employee or agent of a utility
while the person is performing a duty within the scope of that
employment or agency.
(e) In this section:
(1) "Emergency" [, "emergency"] means a condition or
circumstance in which an individual is or is reasonably believed by
the person transmitting the communication to be in imminent danger
of serious bodily injury or in which property is or is reasonably
believed by the person transmitting the communication to be in
imminent danger of damage or destruction.
(2) "Utility" means:
(A) an electric utility, as defined by Section
31.002, Utilities Code;
(B) a telecommunications provider, as defined by
Section 51.002, Utilities Code;
(C) a video service provider or cable service
provider, as defined by Section 66.002, Utilities Code;
(D) a gas utility, as defined by Section 101.003,
Utilities Code, which for the purposes of this subsection includes
a municipally owned utility as defined by that section;
(E) a gas utility, as defined by Section 121.001,
Utilities Code;
(F) a pipeline used for the transportation or
sale of oil, gas, or related products; or
(G) an electric cooperative or municipally owned
utility, as defined by Section 11.003, Utilities Code.
SECTION 4. 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.
SECTION 5. This Act takes effect September 1, 2025.