By: Frazier H.B. No. 106       A BILL TO BE ENTITLED   AN ACT   relating to a defense to prosecution for certain assaultive   offenses involving the use or exhibition of a less-lethal   projectile device by a peace officer.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 22, Penal Code, is amended by adding   Section 22.065 to read as follows:          Sec. 22.065.  DEFENSE TO CERTAIN ASSAULTIVE OFFENSES   INVOLVING LESS-LETHAL PROJECTILE DEVICE BY PEACE OFFICER. (a) In   this section, "less-lethal projectile device" means any weapon,   device, or munition that deploys a projectile that is designed or   intended to temporarily incapacitate the target while minimizing   the risk of serious bodily injury or death.          (b)  It is a defense to prosecution of an offense under   Section 22.01, 22.02, 22.04, or 22.05 that:                (1)  the conduct constituting the offense involved the   use or exhibition of a less-lethal projectile device;                (2)  the actor used or exhibited the device while   discharging the actor's official duties as a peace officer; and                (3)  the actor did not intend to cause serious bodily   injury or death when using or exhibiting the device.          SECTION 2.  The change in law made by this Act applies to   conduct that occurs before, on, or after the effective date of this   Act, except that a final conviction for an offense that exists on   the effective date of this Act is unaffected by this Act.          SECTION 3.  This Act takes effect on the 91st day after the   last day of the legislative session.