89R5263 EAS-D
By: Jones of Dallas H.B. No. 1459
A BILL TO BE ENTITLED
AN ACT
relating to the conduct that constitutes the use of a deadly weapon
for purposes of the prosecution of the offense of aggravated
assault or aggravated sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.02, Penal Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) For purposes of this section, the use of a deadly
weapon does not include the transmission of bodily fluid by an
individual infected with human immunodeficiency virus (HIV).
SECTION 2. Section 22.021, Penal Code, is amended by adding
Subsection (c-1) to read as follows:
(c-1) For purposes of this section, the use of a deadly
weapon does not include the transmission of bodily fluid by an
individual infected with human immunodeficiency virus (HIV).
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, 2025.