88R2272 MCF-D     By: Menéndez S.B. No. 2537       A BILL TO BE ENTITLED   AN ACT   relating to a criminal offense committed against a person because   of bias or prejudice on the basis of sexual orientation or gender   identity.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42.014(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  In the trial of an offense under Title 5, Penal Code, or   Section 28.02, 28.03, 28.08, or 42.0601, 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 the person's property that was   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 orientation, or gender identity [preference] or   by status as a peace officer or judge.          SECTION 2.  Article 42.014(c), Code of Criminal Procedure,   is repealed.          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.