S.B. No. 947         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)  "Cyber attack" means an attempt to damage,   disrupt, or gain unauthorized access to a computer, computer   network, or computer system.                (3)  "Drone" has the meaning assigned by Article 2.33,   Code of Criminal Procedure, as added by Chapter 1011 (H.B. 1758),   Acts of the 87th Legislature, Regular Session, 2021.                (4)  "Explosive weapon" has the meaning assigned by   Section 28.03.                (5)  "Extended power outage" means a power outage:                      (A)  lasting for two hours or more; or                      (B)  affecting 1,000 or more meters used to   measure electric energy consumption by retail customers.                (6)  "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, drone, cyber attack, 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.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 947 passed the Senate on   April 12, 2023, by the following vote:  Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 947 passed the House on   May 23, 2023, by the following vote:  Yeas 147, Nays 0, one   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor