Texas 2025 - 89th Regular

Texas House Bill HB1160 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2903 MZM-D
2	2	By: Hull H.B. No. 1160
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to increasing the criminal penalty for the offense of
10	10	assault committed against certain employees or agents of a utility
11	11	and to the prosecution of the criminal offense of interference with
12	12	public duties of those employees or agents.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 22.01(b), Penal Code, is amended to read
15	15	as follows:
16	16	(b) An offense under Subsection (a)(1) is a Class A
17	17	misdemeanor, except that the offense is a felony of the third degree
18	18	if the offense is committed against:
19	19	(1) a person the actor knows is a public servant while
20	20	the public servant is lawfully discharging an official duty, or in
21	21	retaliation or on account of an exercise of official power or
22	22	performance of an official duty as a public servant;
23	23	(2) a person whose relationship to or association with
24	24	the defendant is described by Section 71.0021(b), 71.003, or
25	25	71.005, Family Code, if:
26	26	(A) it is shown on the trial of the offense that
27	27	the defendant has been previously convicted of an offense that was
28	28	committed:
29	29	(i) against a person whose relationship to
30	30	or association with the defendant is described by Section
31	31	71.0021(b), 71.003, or 71.005, Family Code; and
32	32	(ii) under:
33	33	(a) this chapter, Chapter 19, or
34	34	Section 20.03, 20.04, 21.11, or 25.11;
35	35	(b) Section 25.07, if the applicable
36	36	violation was based on the commission of family violence as
37	37	described by Subsection (a)(1) of that section; or
38	38	(c) Section 25.072, if any of the
39	39	applicable violations were based on the commission of family
40	40	violence as described by Section 25.07(a)(1); or
41	41	(B) the offense is committed by intentionally,
42	42	knowingly, or recklessly impeding the normal breathing or
43	43	circulation of the blood of the person by applying pressure to the
44	44	person's throat or neck or by blocking the person's nose or mouth;
45	45	(3) a person who contracts with government to perform
46	46	a service in a facility described by Section 1.07(a)(14), Penal
47	47	Code, or Section 51.02(13) or (14), Family Code, or an employee of
48	48	that person:
49	49	(A) while the person or employee is engaged in
50	50	performing a service within the scope of the contract, if the actor
51	51	knows the person or employee is authorized by government to provide
52	52	the service; or
53	53	(B) in retaliation for or on account of the
54	54	person's or employee's performance of a service within the scope of
55	55	the contract;
56	56	(4) a person the actor knows is a security officer
57	57	while the officer is performing a duty as a security officer;
58	58	(5) a person the actor knows is emergency services
59	59	personnel while the person is providing emergency services;
60	60	(6) a person the actor knows is a process server while
61	61	the person is performing a duty as a process server;
62	62	(7) a pregnant individual to force the individual to
63	63	have an abortion;
64	64	(8) a person the actor knows is pregnant at the time of
65	65	the offense; [or]
66	66	(9) a person the actor knows is hospital personnel
67	67	while the person is located on hospital property, including all
68	68	land and buildings owned or leased by the hospital; or
69	69	(10) a person the actor knows is an employee or agent
70	70	of a utility while the person is performing a duty within the scope
71	71	of that employment or agency.
72	72	SECTION 2. Section 22.01(e), Penal Code, is amended by
73	73	adding Subdivision (5) to read as follows:
74	74	(5) "Utility" means:
75	75	(A) an electric utility, as defined by Section
76	76	31.002, Utilities Code;
77	77	(B) a telecommunications provider, as defined by
78	78	Section 51.002, Utilities Code;
79	79	(C) a video service provider or cable service
80	80	provider, as defined by Section 66.002, Utilities Code;
81	81	(D) a gas utility, as defined by Section 101.003,
82	82	Utilities Code, which for the purposes of this subsection includes
83	83	a municipally owned utility as defined by that section;
84	84	(E) a gas utility, as defined by Section 121.001,
85	85	Utilities Code;
86	86	(F) a pipeline used for the transportation or
87	87	sale of oil, gas, or related products; or
88	88	(G) an electric cooperative or municipally owned
89	89	utility, as defined by Section 11.003, Utilities Code.
90	90	SECTION 3. Sections 38.15(a) and (e), Penal Code, are
91	91	amended to read as follows:
92	92	(a) A person commits an offense if the person with criminal
93	93	negligence interrupts, disrupts, impedes, or otherwise interferes
94	94	with:
95	95	(1) a peace officer while the peace officer is
96	96	performing a duty or exercising authority imposed or granted by
97	97	law;
98	98	(2) a person who is employed to provide emergency
99	99	medical services including the transportation of ill or injured
100	100	persons while the person is performing that duty;
101	101	(3) a fire fighter, while the fire fighter is fighting
102	102	a fire or investigating the cause of a fire;
103	103	(4) an animal under the supervision of a peace
104	104	officer, corrections officer, or jailer, if the person knows the
105	105	animal is being used for law enforcement, corrections, prison or
106	106	jail security, or investigative purposes;
107	107	(5) the transmission of a communication over a
108	108	citizen's band radio channel, the purpose of which communication is
109	109	to inform or inquire about an emergency;
110	110	(6) an officer with responsibility for animal control
111	111	in a county or municipality, while the officer is performing a duty
112	112	or exercising authority imposed or granted under Chapter 821 or
113	113	822, Health and Safety Code; [or]
114	114	(7) a person who:
115	115	(A) has responsibility for assessing, enacting,
116	116	or enforcing public health, environmental, radiation, or safety
117	117	measures for the state or a county or municipality;
118	118	(B) is investigating a particular site as part of
119	119	the person's responsibilities under Paragraph (A);
120	120	(C) is acting in accordance with policies and
121	121	procedures related to the safety and security of the site described
122	122	by Paragraph (B); and
123	123	(D) is performing a duty or exercising authority
124	124	imposed or granted under the Agriculture Code, Health and Safety
125	125	Code, Occupations Code, or Water Code; or
126	126	(8) a person who is an employee or agent of a utility
127	127	while the person is performing a duty within the scope of that
128	128	employment or agency.
129	129	(e) In this section:
130	130	(1) "Emergency" [, "emergency"] means a condition or
131	131	circumstance in which an individual is or is reasonably believed by
132	132	the person transmitting the communication to be in imminent danger
133	133	of serious bodily injury or in which property is or is reasonably
134	134	believed by the person transmitting the communication to be in
135	135	imminent danger of damage or destruction.
136	136	(2) "Utility" means:
137	137	(A) an electric utility, as defined by Section
138	138	31.002, Utilities Code;
139	139	(B) a telecommunications provider, as defined by
140	140	Section 51.002, Utilities Code;
141	141	(C) a video service provider or cable service
142	142	provider, as defined by Section 66.002, Utilities Code;
143	143	(D) a gas utility, as defined by Section 101.003,
144	144	Utilities Code, which for the purposes of this subsection includes
145	145	a municipally owned utility as defined by that section;
146	146	(E) a gas utility, as defined by Section 121.001,
147	147	Utilities Code;
148	148	(F) a pipeline used for the transportation or
149	149	sale of oil, gas, or related products; or
150	150	(G) an electric cooperative or municipally owned
151	151	utility, as defined by Section 11.003, Utilities Code.
152	152	SECTION 4. The change in law made by this Act applies only
153	153	to an offense committed on or after the effective date of this Act.
154	154	An offense committed before the effective date of this Act is
155	155	governed by the law in effect on the date the offense was committed,
156	156	and the former law is continued in effect for that purpose.
157	157	SECTION 5. This Act takes effect September 1, 2025.