HB 3498

relating to increasing the criminal penalty for assault of a retail
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 of a
retail establishment while the person is located on the retail
establishment's property, including all land and buildings owned or
leased by the retail establishment.
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.