bill raising penalties for assaulting utility workers

The text as introduced · 1,180 words

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.