89R27689 MZM-D     By: Alvarado, et al. S.B. No. 482     (Harless)     Substitute the following for S.B. No. 482:  No.       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.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 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.          (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 2.  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 cable service provider or video 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; or                      (G)  an electric cooperative or municipally owned   utility, as defined by Section 11.003, Utilities Code.          SECTION 3.  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 4.  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 5.  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 on the date the offense was committed, and the   former law is continued in effect for that purpose.          SECTION 6.  This Act takes effect September 1, 2025.