Texas 2025 - 89th Regular

Texas House Bill HB3498 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	89R12590 MZM-F
2	2	By: Cook H.B. No. 3498
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to increasing the criminal penalty for assault of a retail
10	10	establishment employee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 22.01(b), Penal Code, is amended to read
13	13	as follows:
14	14	(b) An offense under Subsection (a)(1) is a Class A
15	15	misdemeanor, except that the offense is a felony of the third degree
16	16	if the offense is committed against:
17	17	(1) a person the actor knows is a public servant while
18	18	the public servant is lawfully discharging an official duty, or in
19	19	retaliation or on account of an exercise of official power or
20	20	performance of an official duty as a public servant;
21	21	(2) a person whose relationship to or association with
22	22	the defendant is described by Section 71.0021(b), 71.003, or
23	23	71.005, Family Code, if:
24	24	(A) it is shown on the trial of the offense that
25	25	the defendant has been previously convicted of an offense that was
26	26	committed:
27	27	(i) against a person whose relationship to
28	28	or association with the defendant is described by Section
29	29	71.0021(b), 71.003, or 71.005, Family Code; and
30	30	(ii) under:
31	31	(a) this chapter, Chapter 19, or
32	32	Section 20.03, 20.04, 21.11, or 25.11;
33	33	(b) Section 25.07, if the applicable
34	34	violation was based on the commission of family violence as
35	35	described by Subsection (a)(1) of that section; or
36	36	(c) Section 25.072, if any of the
37	37	applicable violations were based on the commission of family
38	38	violence as described by Section 25.07(a)(1); or
39	39	(B) the offense is committed by intentionally,
40	40	knowingly, or recklessly impeding the normal breathing or
41	41	circulation of the blood of the person by applying pressure to the
42	42	person's throat or neck or by blocking the person's nose or mouth;
43	43	(3) a person who contracts with government to perform
44	44	a service in a facility described by Section 1.07(a)(14), Penal
45	45	Code, or Section 51.02(13) or (14), Family Code, or an employee of
46	46	that person:
47	47	(A) while the person or employee is engaged in
48	48	performing a service within the scope of the contract, if the actor
49	49	knows the person or employee is authorized by government to provide
50	50	the service; or
51	51	(B) in retaliation for or on account of the
52	52	person's or employee's performance of a service within the scope of
53	53	the contract;
54	54	(4) a person the actor knows is a security officer
55	55	while the officer is performing a duty as a security officer;
56	56	(5) a person the actor knows is emergency services
57	57	personnel while the person is providing emergency services;
58	58	(6) a person the actor knows is a process server while
59	59	the person is performing a duty as a process server;
60	60	(7) a pregnant individual to force the individual to
61	61	have an abortion;
62	62	(8) a person the actor knows is pregnant at the time of
63	63	the offense; [or]
64	64	(9) a person the actor knows is hospital personnel
65	65	while the person is located on hospital property, including all
66	66	land and buildings owned or leased by the hospital; or
67	67	(10) a person the actor knows is an employee of a
68	68	retail establishment while the person is located on the retail
69	69	establishment's property, including all land and buildings owned or
70	70	leased by the retail establishment.
71	71	SECTION 2. The change in law made by this Act applies only
72	72	to an offense committed on or after the effective date of this Act.
73	73	An offense committed before the effective date of this Act is
74	74	governed by the law in effect on the date the offense was committed,
75	75	and the former law is continued in effect for that purpose. For
76	76	purposes of this section, an offense was committed before the
77	77	effective date of this Act if any element of the offense occurred
78	78	before that date.
79	79	SECTION 3. This Act takes effect September 1, 2025.