Applies when an officer causes serious bodily injury or shows a deadly weapon.
The bill raises the penalty for official oppression, the offense of a public servant abusing their office, when a peace officer causes or threatens bodily injury and, while doing so, causes serious bodily injury or uses or shows a deadly weapon. In those cases the offense becomes a second degree felony instead of a Class A misdemeanor, and prosecutors may also charge under any other Penal Code section the same conduct violates. It touches peace officers and the people they deal with, keeps the existing third degree felony for faking school data reports, and applies to conduct on or after September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 183 (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 SB 183 (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 Feb 28, 2025 and referred to the Senate Criminal Justice committee. No public hearing. The bill died.
relating to increasing the criminal penalty for certain acts of
official oppression.
WHAT IT DOES
Applies when an officer causes serious bodily injury or shows a deadly weapon.
The bill raises the penalty for official oppression, the offense of a public servant abusing their office, when a peace officer causes or threatens bodily injury and, while doing so, causes serious bodily injury or uses or shows a deadly weapon. In those cases the offense becomes a second degree felony instead of a Class A misdemeanor, and prosecutors may also charge under any other Penal Code section the same conduct violates. It touches peace officers and the people they deal with, keeps the existing third degree felony for faking school data reports, and applies to conduct on or after September 1, 2025.
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
Senate committee · Criminal Justice · Final status: Died in committee
Subjects
Crimes--Against Persons--General
Criminal Procedure--Sentencing & Punishment
Text
The text as introduced · 338 words
89R448 JCG-D
By: Miles
S.B. No. 1774
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for certain acts of
official oppression.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.03, Penal Code, is amended by
amending Subsection (d) and adding Subsections (e), (f), and (g) to
read as follows:
(d) Except as otherwise provided by this section, an [ An ]
offense under this section is a Class A misdemeanor .
(e) An [ , except that an ] offense under this section is a
felony of the third degree if the public servant acted with the
intent to impair the accuracy of data reported to the Texas
Education Agency through the Public Education Information
Management System (PEIMS) described by Sections 48.008 and 48.009,
Education Code, under a law requiring that reporting.
(f) An offense under this section is a felony of the second
degree if the public servant, at the time of the commission of the
offense, was a peace officer and:
(1) caused bodily injury to another or threatened
another with imminent bodily injury; and
(2) while engaging in the conduct described by
Subdivision (1):
(A) caused serious bodily injury to another; or
(B) used or exhibited a deadly weapon.
(g) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or both sections.
SECTION 2. 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 3. This Act takes effect September 1, 2025.