85R6032 KJE-D
 
  By: Coleman H.B. No. 1849
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an offense committed against a person because of bias or
  prejudice on the basis of gender identity or expression.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 42.014(a) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  In the trial of an offense under Title 5, Penal Code, or
  Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an
  affirmative finding of fact and enter the affirmative finding in
  the judgment of the case if at the guilt or innocence phase of the
  trial, the judge or the jury, whichever is the trier of fact,
  determines beyond a reasonable doubt that the defendant
  intentionally selected the person against whom the offense was
  committed or intentionally selected property damaged or affected as
  a result of the offense because of the defendant's bias or prejudice
  against a group identified by race, color, disability, religion,
  national origin or ancestry, age, gender, [or] sexual preference,
  or gender identity or expression.
         (c)  In this article:
               (1)  "Gender identity or expression" means having or
  being perceived as having a gender-related identity, appearance,
  expression, or behavior, regardless of whether that identity,
  appearance, expression, or behavior is different from that commonly
  associated with the person's actual or perceived sex.
               (2)  "Sexual [, "sexual] preference" has the following
  meaning only: a preference for heterosexuality, homosexuality, or
  bisexuality.
         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
  before that date.
         SECTION 3.  This Act takes effect September 1, 2017.