89R5580 MZM-D
By: Harless H.B. No. 3869
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalties for the offenses of
assault and harassment committed against certain employees or
agents of a utility and committed in a disaster area or evacuated
area.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.50, Penal Code, is amended by adding
Subsection (d-1) to read as follows:
(d-1) Notwithstanding this section, if an offense is
punishable as a felony of the third degree under Section
22.01(b)(10), the punishment for that offense may not be increased
under Subsection (c).
SECTION 2. Section 12.501, Penal Code, is amended by adding
Subsection (d-1) to read as follows:
(d-1) Notwithstanding this section, if an offense is
punishable as a Class A misdemeanor under Section 42.07(c)(3), the
punishment for that offense may not be increased under Subsection
(d).
SECTION 3. 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 or reasonably should
know is an employee or agent of a utility while the person is:
(A) performing a duty within the scope of that
employment or agency; and
(B) located in an area that is:
(i) subject to a declaration of a state of
disaster made by:
(a) the president of the United States
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Section 5121 et seq.);
(b) the governor under Section
418.014, Government Code; or
(c) the presiding officer of the
governing body of a political subdivision under Section 418.108,
Government Code; or
(ii) subject to an emergency evacuation
order.
SECTION 4. 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 cable service provider or video 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 5. Section 42.07(b), Penal Code, is amended by
adding Subdivision (4) to read as follows:
(4) "Utility" has the meaning assigned by Section
22.01(e).
SECTION 6. Section 42.07(c), Penal Code, is amended to read
as follows:
(c) An offense under this section is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if:
(1) the actor has previously been convicted under this
section; [or]
(2) the offense was committed under Subsection (a)(7)
or (8) and:
(A) the offense was committed against a child
under 18 years of age with the intent that the child:
(i) commit suicide; or
(ii) engage in conduct causing serious
bodily injury to the child; or
(B) the actor has previously violated a temporary
restraining order or injunction issued under Chapter 129A, Civil
Practice and Remedies Code; or
(3) the offense was committed against a person the
actor knows or reasonably should know is an employee or agent of a
utility while the person is performing a duty within the scope of
that employment or agency and the offense was committed in an area
that was, at the time of the offense:
(A) subject to a declaration of a state of
disaster made by:
(i) the president of the United States
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Section 5121 et seq.);
(ii) the governor under Section 418.014,
Government Code; or
(iii) the presiding officer of the
governing body of a political subdivision under Section 418.108,
Government Code; or
(B) subject to an emergency evacuation order.
SECTION 7. The changes in law made by this Act apply 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 8. This Act takes effect September 1, 2025.