HB 3061

relating to enhancing the punishment for committing certain
criminal offenses while disguised or masked.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.505 to read as follows:
Sec. 12.505.  ENHANCED PENALTY FOR COMMITTING OFFENSE WHILE
DISGUISED OR MASKED.  (a)  Subject to Subsection (c), the punishment
for an offense described by Subsection (b) is increased to the
punishment prescribed for the next higher category of offense if it
is shown on the trial of the offense that during the commission of
(A)  in such a manner as to hide the actor's
identity or make the actor's identity difficult to determine; and
(B)  for the purpose of concealing the actor's
(2)  congregating with other individuals who were
(b)  The increase in punishment authorized by this section
applies only to an offense under:
(c)  If an offense listed under Subsection (b) is punishable
as a Class A misdemeanor, the minimum term of confinement for the
offense is increased to 180 days.  If an offense listed under
Subsection (b) is punishable as a felony of the first degree, the
punishment for that offense may not be increased under this
(d)  At the punishment stage of a trial in which the attorney
representing the state seeks the increase in punishment authorized
by this section, the defendant may raise the issue as to whether the
purpose of wearing the disguise or mask was for Halloween, a
masquerade ball, or a similar celebration.  If the defendant proves
the issue in the affirmative by a preponderance of the evidence, the
increase in punishment provided by this section does not apply.
(e)  For purposes of this section, "disguised or masked"
means using artificial methods of rendering identification
impossible or more difficult than in the absence of these methods.
SECTION 2.  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
SECTION 3.  This Act takes effect September 1, 2025.