HB 1160
AN ACT relating to increasing the criminal penalty for the offense of
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Increases criminal penalties for assault against utility employees and agents, elevating certain assault cases to a third-degree felony. It specifically protects employees of electric utilities, telecommunications providers, gas utilities, pipelines, and other utility services while they are performing job duties. The bill also makes it a criminal offense to intentionally interfere with or impede utility employees performing their official responsibilities, with penalties designed to ensure the safety and uninterrupted operation of critical infrastructure services.
Subject Areas
Bill Text
relating to increasing the criminal penalty for the offense of assault committed against certain employees or agents of a utility and to the prosecution of the criminal offense of interference with public duties of those employees or agents. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 22.01(b), Penal Code, is amended to read (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 (A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense that was (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 (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 (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 (B) in retaliation for or on account of the person's or employee's performance of a service within the scope of (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 (8) a person the actor knows is pregnant at the time of (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 is an employee or agent of a utility while the person is performing a duty within the scope SECTION 2. Section 22.01(e), Penal Code, is amended by adding Subdivision (5) to read as follows: (A) an electric utility, as defined by Section (B) a telecommunications provider, as defined by Section 51.002, Utilities Code; (C) a video service provider or cable 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, (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. Sections 38.15(a) and (e), Penal Code, are (a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes (1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by (2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons while the person is performing that duty; (3) a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire; (4) an animal under the supervision of a peace officer, corrections officer, or jailer, if the person knows the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes; (5) the transmission of a communication over a citizen's band radio channel, the purpose of which communication is to inform or inquire about an emergency; (6) an officer with responsibility for animal control in a county or municipality, while the officer is performing a duty or exercising authority imposed or granted under Chapter 821 or 822, Health and Safety Code; [or] (A) has responsibility for assessing, enacting, or enforcing public health, environmental, radiation, or safety measures for the state or a county or municipality; (B) is investigating a particular site as part of the person's responsibilities under Paragraph (A); (C) is acting in accordance with policies and procedures related to the safety and security of the site described (D) is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code; or (8) a person who is an employee or agent of a utility while the person is performing a duty within the scope of that (1) "Emergency" [, "emergency"] means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction. (A) an electric utility, as defined by Section (B) a telecommunications provider, as defined by Section 51.002, Utilities Code; (C) a video service provider or cable 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, (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 4. 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. SECTION 5. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to increasing the criminal penalty for the offense of
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