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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of obstruction of or |
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retaliation against a process server. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 36.06(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if he intentionally or |
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knowingly harms or threatens to harm another by an unlawful act: |
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(1) in retaliation for or on account of the service or |
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status of another as a: |
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(A) public servant, process server, witness, |
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prospective witness, or informant; or |
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(B) person who has reported or who the actor |
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knows intends to report the occurrence of a crime; or |
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(2) to prevent or delay the service of another as a: |
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(A) public servant, process server, witness, |
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prospective witness, or informant; or |
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(B) person who has reported or who the actor |
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knows intends to report the occurrence of a crime. |
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(b) In this section: |
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(1) "Civil process" means all process issued or |
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sanctioned by a civil court. |
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(2) "Honorably retired peace officer" means a peace |
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officer who: |
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(A) did not retire in lieu of any disciplinary |
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action; |
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(B) was eligible to retire from a law enforcement |
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agency or was ineligible to retire only as a result of an injury |
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received in the course of the officer's employment with the agency; |
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and |
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(C) is entitled to receive a pension or annuity |
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for service as a law enforcement officer or is not entitled to |
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receive a pension or annuity only because the law enforcement |
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agency that employed the officer does not offer a pension or annuity |
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to its employees. |
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(3) [(2)] "Informant" means a person who has |
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communicated information to the government in connection with any |
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governmental function. |
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(4) "Process server" means a person who serves civil |
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process. |
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(5) [(3)] "Public servant" includes an honorably |
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retired peace officer. |
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SECTION 2. This Act takes effect September 1, 2013. |