87R10016 TYPED     By: Buckley, Harless, Ellzey, Murr, et al. H.B. No. 2366       A BILL TO BE ENTITLED   AN ACT   relating to criminal conduct that endangers law enforcement;   creating a criminal offense and increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 42.13, Penal Code, is amended by   amending Subsection (c) and adding Subsection (d) to read as   follows:          (c)  An offense under this section is a Class C misdemeanor,   except that the offense is:                (1)  a felony of the third degree if the conduct causes   bodily injury to the officer; or                (2)  a felony of the first degree if the conduct causes   serious bodily injury to the officer.          (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 or the other law, but not both.          SECTION 2.  Title 10, Penal Code, is amended by adding   Chapter 50 to read as follows:   CHAPTER 50. FIREWORKS          Sec. 50.01.  DEFINITIONS. In this chapter:                (1)  "Consumer firework" and "fireworks" have the   meanings assigned by 49 C.F.R. Section 173.59.                (2)  "Law enforcement officer" means a person who is a   peace officer under Article 2.12, Code of Criminal Procedure, or a   person who is a federal law enforcement officer, as defined by 5   U.S.C. Section 8331(20).           Sec. 50.02.  UNLAWFUL USE OF FIREWORKS. (a) A person   commits an offense if the person explodes or ignites fireworks with   the intent to:                (1)  interfere with the lawful performance of an   official duty by a law enforcement officer; or                (2)  flee from a person the actor knows is a law   enforcement officer attempting to lawfully arrest or detain the   actor.          (b)  Except as provided by Subsections (c) and (d), an   offense under this section is a state jail felony.          (c)  An offense under this section that involves any firework   that is not a consumer firework is a second degree felony.          (d)  Notwithstanding Subsection (c), an offense under this   section is a felony of the first degree if the offense causes   serious bodily injury to a person the actor knows is a law   enforcement officer while the law enforcement officer 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   law enforcement officer.          (e)  If conduct constituting 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 changes in law made by this Act apply 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 when 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, 2021.