Texas 2025 - 89th Regular

Texas Senate Bill SB2792 Compare Versions

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11 By: West S.B. No. 2792
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to harassment of hospital personnel while the person is on
99 hospital property.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 22.11, Texas Penal Code, is amended by
1212 amending Subsections (a) and (d) to read as follows:
1313 (a) A person commits an offense if, with the intent to
1414 assault, harass, or alarm, the person:
1515 (1) while imprisoned or confined in a correctional or
1616 detention facility, causes another person to contact the blood,
1717 seminal fluid, vaginal fluid, saliva, urine, or feces of the actor,
1818 any other person, or an animal;
1919 (2) while committed to a civil commitment facility,
2020 causes:
2121 (A) an officer or employee of the Texas Civil
2222 Commitment Office to contact the blood, seminal fluid, vaginal
2323 fluid, saliva, urine, or feces of the actor, any other person, or an
2424 animal:
2525 (i) while the officer or employee is
2626 lawfully discharging an official duty at a civil commitment
2727 facility; or
2828 (ii) in retaliation for or on account of an
2929 exercise of official power or performance of an official duty by the
3030 officer or employee; or
3131 (B) a person who contracts with the state to
3232 perform a service in the facility or an employee of that person to
3333 contact the blood, seminal fluid, vaginal fluid, saliva, urine, or
3434 feces of the actor, any other person, or an animal:
3535 (i) while the person or employee is engaged
3636 in performing a service within the scope of the contract, if the
3737 actor knows the person or employee is authorized by the state to
3838 provide the service; or
3939 (ii) in retaliation for or on account of the
4040 person's or employee's performance of a service within the scope of
4141 the contract; [or]
4242 (3) causes another person the actor knows to be a
4343 public servant to contact the blood, seminal fluid, vaginal fluid,
4444 saliva, urine, or feces of the actor, any other person, or an animal
4545 while the public servant is lawfully discharging an official duty
4646 or in retaliation or on account of an exercise of the public
4747 servant's official power or performance of an official duty; or
4848 (4) while on hospital property, causes hospital
4949 personnel to contact the blood, seminal fluid, vaginal fluid,
5050 saliva, urine, or feces of the actor, any other person, or an animal
5151 as an act of physical force unless the contact occurs in the
5252 ordinary course of delivering healthcare services.
5353 (d) In this section: [,]
5454 (1) "correctional or detention facility" means:
5555 (A) [(1)] a secure correctional facility; or
5656 (B) [(2)] a "secure correctional facility" or a
5757 "secure detention facility" as defined by Section 51.02, Family
5858 Code, operated by or under contract with a juvenile board or the
5959 Texas Juvenile Justice Department or any other facility operated by
6060 or under contract with that department; and
6161 (2) "hospital personnel" includes nurses, physicians,
6262 physician assistants, maintenance or janitorial staff,
6363 receptionists, and other individuals who are employed by or work in
6464 a facility that is licensed as a general hospital or special
6565 hospital, as those terms are defined by Section 241.003, Health and
6666 Safety Code, including a hospital maintained or operated by the
6767 state.
6868 SECTION 2. This Act takes effect September 1, 2025.