Texas 2025 - 89th Regular

Texas House Bill HB3869 Compare Versions

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

Old	New	Differences
1	1	89R5580 MZM-D
2	2	By: Harless H.B. No. 3869
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to increasing the criminal penalties for the offenses of
10	10	assault and harassment committed against certain employees or
11	11	agents of a utility and committed in a disaster area or evacuated
12	12	area.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 12.50, Penal Code, is amended by adding
15	15	Subsection (d-1) to read as follows:
16	16	(d-1) Notwithstanding this section, if an offense is
17	17	punishable as a felony of the third degree under Section
18	18	22.01(b)(10), the punishment for that offense may not be increased
19	19	under Subsection (c).
20	20	SECTION 2. Section 12.501, Penal Code, is amended by adding
21	21	Subsection (d-1) to read as follows:
22	22	(d-1) Notwithstanding this section, if an offense is
23	23	punishable as a Class A misdemeanor under Section 42.07(c)(3), the
24	24	punishment for that offense may not be increased under Subsection
25	25	(d).
26	26	SECTION 3. Section 22.01(b), Penal Code, is amended to read
27	27	as follows:
28	28	(b) An offense under Subsection (a)(1) is a Class A
29	29	misdemeanor, except that the offense is a felony of the third degree
30	30	if the offense is committed against:
31	31	(1) a person the actor knows is a public servant while
32	32	the public servant is lawfully discharging an official duty, or in
33	33	retaliation or on account of an exercise of official power or
34	34	performance of an official duty as a public servant;
35	35	(2) a person whose relationship to or association with
36	36	the defendant is described by Section 71.0021(b), 71.003, or
37	37	71.005, Family Code, if:
38	38	(A) it is shown on the trial of the offense that
39	39	the defendant has been previously convicted of an offense that was
40	40	committed:
41	41	(i) against a person whose relationship to
42	42	or association with the defendant is described by Section
43	43	71.0021(b), 71.003, or 71.005, Family Code; and
44	44	(ii) under:
45	45	(a) this chapter, Chapter 19, or
46	46	Section 20.03, 20.04, 21.11, or 25.11;
47	47	(b) Section 25.07, if the applicable
48	48	violation was based on the commission of family violence as
49	49	described by Subsection (a)(1) of that section; or
50	50	(c) Section 25.072, if any of the
51	51	applicable violations were based on the commission of family
52	52	violence as described by Section 25.07(a)(1); or
53	53	(B) the offense is committed by intentionally,
54	54	knowingly, or recklessly impeding the normal breathing or
55	55	circulation of the blood of the person by applying pressure to the
56	56	person's throat or neck or by blocking the person's nose or mouth;
57	57	(3) a person who contracts with government to perform
58	58	a service in a facility described by Section 1.07(a)(14), Penal
59	59	Code, or Section 51.02(13) or (14), Family Code, or an employee of
60	60	that person:
61	61	(A) while the person or employee is engaged in
62	62	performing a service within the scope of the contract, if the actor
63	63	knows the person or employee is authorized by government to provide
64	64	the service; or
65	65	(B) in retaliation for or on account of the
66	66	person's or employee's performance of a service within the scope of
67	67	the contract;
68	68	(4) a person the actor knows is a security officer
69	69	while the officer is performing a duty as a security officer;
70	70	(5) a person the actor knows is emergency services
71	71	personnel while the person is providing emergency services;
72	72	(6) a person the actor knows is a process server while
73	73	the person is performing a duty as a process server;
74	74	(7) a pregnant individual to force the individual to
75	75	have an abortion;
76	76	(8) a person the actor knows is pregnant at the time of
77	77	the offense; [or]
78	78	(9) a person the actor knows is hospital personnel
79	79	while the person is located on hospital property, including all
80	80	land and buildings owned or leased by the hospital; or
81	81	(10) a person the actor knows or reasonably should
82	82	know is an employee or agent of a utility while the person is:
83	83	(A) performing a duty within the scope of that
84	84	employment or agency; and
85	85	(B) located in an area that is:
86	86	(i) subject to a declaration of a state of
87	87	disaster made by:
88	88	(a) the president of the United States
89	89	under the Robert T. Stafford Disaster Relief and Emergency
90	90	Assistance Act (42 U.S.C. Section 5121 et seq.);
91	91	(b) the governor under Section
92	92	418.014, Government Code; or
93	93	(c) the presiding officer of the
94	94	governing body of a political subdivision under Section 418.108,
95	95	Government Code; or
96	96	(ii) subject to an emergency evacuation
97	97	order.
98	98	SECTION 4. Section 22.01(e), Penal Code, is amended by
99	99	adding Subdivision (5) to read as follows:
100	100	(5) "Utility" means:
101	101	(A) an electric utility, as defined by Section
102	102	31.002, Utilities Code;
103	103	(B) a telecommunications provider, as defined by
104	104	Section 51.002, Utilities Code;
105	105	(C) a cable service provider or video service
106	106	provider, as defined by Section 66.002, Utilities Code;
107	107	(D) a gas utility, as defined by Section 101.003,
108	108	Utilities Code, which for the purposes of this subsection includes
109	109	a municipally owned utility as defined by that section;
110	110	(E) a gas utility, as defined by Section 121.001,
111	111	Utilities Code;
112	112	(F) a pipeline used for the transportation or
113	113	sale of oil, gas, or related products; or
114	114	(G) an electric cooperative or municipally owned
115	115	utility, as defined by Section 11.003, Utilities Code.
116	116	SECTION 5. Section 42.07(b), Penal Code, is amended by
117	117	adding Subdivision (4) to read as follows:
118	118	(4) "Utility" has the meaning assigned by Section
119	119	22.01(e).
120	120	SECTION 6. Section 42.07(c), Penal Code, is amended to read
121	121	as follows:
122	122	(c) An offense under this section is a Class B misdemeanor,
123	123	except that the offense is a Class A misdemeanor if:
124	124	(1) the actor has previously been convicted under this
125	125	section; [or]
126	126	(2) the offense was committed under Subsection (a)(7)
127	127	or (8) and:
128	128	(A) the offense was committed against a child
129	129	under 18 years of age with the intent that the child:
130	130	(i) commit suicide; or
131	131	(ii) engage in conduct causing serious
132	132	bodily injury to the child; or
133	133	(B) the actor has previously violated a temporary
134	134	restraining order or injunction issued under Chapter 129A, Civil
135	135	Practice and Remedies Code; or
136	136	(3) the offense was committed against a person the
137	137	actor knows or reasonably should know is an employee or agent of a
138	138	utility while the person is performing a duty within the scope of
139	139	that employment or agency and the offense was committed in an area
140	140	that was, at the time of the offense:
141	141	(A) subject to a declaration of a state of
142	142	disaster made by:
143	143	(i) the president of the United States
144	144	under the Robert T. Stafford Disaster Relief and Emergency
145	145	Assistance Act (42 U.S.C. Section 5121 et seq.);
146	146	(ii) the governor under Section 418.014,
147	147	Government Code; or
148	148	(iii) the presiding officer of the
149	149	governing body of a political subdivision under Section 418.108,
150	150	Government Code; or
151	151	(B) subject to an emergency evacuation order.
152	152	SECTION 7. The changes in law made by this Act apply only to
153	153	an offense committed on or after the effective date of this Act. An
154	154	offense committed before the effective date of this Act is governed
155	155	by the law in effect on the date the offense was committed, and the
156	156	former law is continued in effect for that purpose.
157	157	SECTION 8. This Act takes effect September 1, 2025.