Relating to increasing the criminal penalties for the offenses of assault and harassment committed against certain employees or agents of a utility and to the prosecution of the criminal offense of interference with public duties of those employees or agents; increasing criminal penalties for certain criminal offenses relating to interference with public duties.

89(R) HB 1160 - Engrossed version - Bill Text

By: Hull, Harless, Perez of Harris, DeAyala,

H.B. No. 1160

Hernandez, et al.

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 to the prosecution of the criminal offense

of interference with public duties of those employees or agents;

increasing criminal penalties for certain criminal offenses

relating to interference with public duties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.50(b), Penal Code, is amended to read

as follows:

(b) The increase in punishment authorized by this section

applies only to an offense under:

(1) Section 20.05;

(2) Section 20.06;

(3) Section 20.07;

(4) Section 22.01;

(5) Section 28.02;

(6) Section 29.02;

(7) Section 30.02;

(8) Section 30.03;

(9) Section 30.04;

(10) Section 30.05; [
and
]

(11) Section 31.03
; and

(12) Section 38.15
.

SECTION 2. Sections 22.01(b) and (d), Penal Code, are

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 is an employee or agent

of a utility while the person is performing a duty within the scope

of that employment or agency
.

(d) For purposes of Subsection (b), the actor is presumed to

have known the person assaulted was a public servant, a security

officer,
an employee or agent of a utility,
or emergency services

personnel if the person was wearing a distinctive uniform or badge

indicating the person's employment
, agency,
[
as a public servant
]

or status
,
as
applicable
[
a security officer or emergency services

personnel
].

SECTION 3. 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 video service provider or cable 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;

(G)

an electric cooperative or municipally owned

utility, as defined by Section 11.003, Utilities Code;

(H)

a broadband provider, as defined by Section

253.0001, Utilities Code; or

(I)

a retail water or sewer utility service, as

defined by Section 13.002, Water Code.

SECTION 4. Sections 38.15(a) and (e), Penal Code, are

amended to read as follows:

(a) A person commits an offense if the person with criminal

negligence interrupts, disrupts, impedes, or otherwise interferes

with:

(1) a peace officer while the peace officer is

performing a duty or exercising authority imposed or granted by

law;

(2) a person who is employed to provide emergency

medical services including the transportation of ill or injured

persons while the person is performing that duty;

(3) a fire fighter, while the fire fighter is fighting

a fire or investigating the cause of a fire;

(4) an animal under the supervision of a peace

officer, corrections officer, or jailer, if the person knows the

animal is being used for law enforcement, corrections, prison or

jail security, or investigative purposes;

(5) the transmission of a communication over a

citizen's band radio channel, the purpose of which communication is

to inform or inquire about an emergency;

(6) an officer with responsibility for animal control

in a county or municipality, while the officer is performing a duty

or exercising authority imposed or granted under Chapter 821 or

822, Health and Safety Code; [
or
]

(7) a person who:

(A) has responsibility for assessing, enacting,

or enforcing public health, environmental, radiation, or safety

measures for the state or a county or municipality;

(B) is investigating a particular site as part of

the person's responsibilities under Paragraph (A);

(C) is acting in accordance with policies and

procedures related to the safety and security of the site described

by Paragraph (B); and

(D) is performing a duty or exercising authority

imposed or granted under the Agriculture Code, Health and Safety

Code, Occupations Code, or Water Code
; or

(8)

a person who is an employee or agent of a utility

while the person is performing a duty within the scope of that

employment or agency
.

(e) In this section
:

(1) "Emergency"
[
, "emergency"
] means a condition or

circumstance in which an individual is or is reasonably believed by

the person transmitting the communication to be in imminent danger

of serious bodily injury or in which property is or is reasonably

believed by the person transmitting the communication to be in

imminent danger of damage or destruction.

(2) "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 video service provider or cable 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;

(G)

an electric cooperative or municipally owned

utility, as defined by Section 11.003, Utilities Code;

(H)

a broadband provider, as defined by Section

253.0001, Utilities Code; or

(I)

a retail water or sewer utility service, as

defined by Section 13.002, Water 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
.

SECTION 7. 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.

SECTION 8. This Act takes effect September 1, 2025.