Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
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.
Bodily fluid doesn’t count as a deadly weapon in aggravated assault.
The bill says that when a person with HIV passes bodily fluid to someone else, that act does not count as using a deadly weapon under the Texas aggravated assault and aggravated sexual assault sections. It touches people with HIV who are prosecuted under those two sections, along with prosecutors and courts. Starting September 1, 2025, prosecutors cannot use HIV transmission alone as the deadly-weapon element that raises an assault or sexual assault to the aggravated level.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 2986 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 2986 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 22, 2024 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.
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.
WHAT IT DOES
Bodily fluid doesn’t count as a deadly weapon in aggravated assault.
The bill says that when a person with HIV passes bodily fluid to someone else, that act does not count as using a deadly weapon under the Texas aggravated assault and aggravated sexual assault sections. It touches people with HIV who are prosecuted under those two sections, along with prosecutors and courts. Starting September 1, 2025, prosecutors cannot use HIV transmission alone as the deadly-weapon element that raises an assault or sexual assault to the aggravated level.
Last action, Mar 14, 2023: Referred to Criminal Jurisprudence
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.
Caption, 88R bill history
Sources
Texas House · Filed Nov 22, 2024
03/11/2025 H Referred to Criminal Jurisprudence: Mar 11 2025 3:26PM
Data snapshot Oct 26, 2026 at 6:51 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Subjects
Crimes--Against Persons--Sexual
Crimes--Miscellaneous
Health--AIDS
Health--Other Diseases & Medical Conditions
Text
The text as introduced · 239 words
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.