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.