88R9089 MZM-F     By: Hunter H.B. No. 2997       A BILL TO BE ENTITLED   AN ACT   relating to creating a criminal offense for damaging certain   critical infrastructure facilities and providing for the   prosecution of that conduct as manslaughter in certain   circumstances; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 19.04(b), Penal Code, is amended to read   as follows:          (b)  An offense under this section is a felony of the second   degree, except that the offense is a felony of the first degree if   it is shown on the trial of the offense that the defendant committed   an offense under Section 28.09 and that conduct caused the death of   an individual.          SECTION 2.  Chapter 28, Penal Code, is amended by adding   Section 28.09 to read as follows:          Sec. 28.09.  DAMAGING CRITICAL INFRASTRUCTURE FACILITY. (a)   In this section:                (1)  "Critical infrastructure facility" means an   electrical power generating facility, substation, switching   station, electrical control center, or electrical transmission or   distribution facility.                (2)  "Explosive weapon" has the meaning assigned by   Section 28.03.                (3)  "Extended power outage" means a power outage   lasting for more than 24 hours.                (4)  "Firearm" has the meaning assigned by Section   46.01.          (b)  A person commits an offense if, without the effective   consent of the owner or operator of a critical infrastructure   facility, the person:                (1)  intentionally or knowingly damages, destroys,   vandalizes, or impairs the function of any critical infrastructure   facility; and                (2)  as a result of the conduct described by   Subdivision (1), causes an extended power outage.          (c)  An offense under this section is a felony of the second   degree, except that the offense is a felony of the first degree if:                (1)  the amount of pecuniary damage to the critical   infrastructure facility is $100,000 or more; or                (2)  the actor uses a firearm or explosive weapon in the   commission of the offense.          (d)  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.          SECTION 3.  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 4.  This Act takes effect September 1, 2023.