85R6032 KJE-D     By: Coleman H.B. No. 1849       A BILL TO BE ENTITLED   AN ACT   relating to an offense committed against a person because of bias or   prejudice on the basis of gender identity or expression.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Articles 42.014(a) and (c), Code of Criminal   Procedure, are amended to read as follows:          (a)  In the trial of an offense under Title 5, Penal Code, or   Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an   affirmative finding of fact and enter the affirmative finding in   the judgment of the case if at the guilt or innocence phase of the   trial, the judge or the jury, whichever is the trier of fact,   determines beyond a reasonable doubt that the defendant   intentionally selected the person against whom the offense was   committed or intentionally selected property damaged or affected as   a result of the offense because of the defendant's bias or prejudice   against a group identified by race, color, disability, religion,   national origin or ancestry, age, gender, [or] sexual preference,   or gender identity or expression.          (c)  In this article:                (1)  "Gender identity or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the person's actual or perceived sex.                (2)  "Sexual [, "sexual] preference" has the following   meaning only: a preference for heterosexuality, homosexuality, or   bisexuality.          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, 2017.