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  H.B. No. 1306
 
 
 
 
AN ACT
  relating to increasing the criminal penalty for assault or
  aggravated assault of a process server.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.01(b), Penal Code, is amended to read
  as follows:
         (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
  71.005, Family Code, if:
                     (A)  it is shown on the trial of the offense that
  the defendant has been previously convicted of an offense under
  this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
  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; 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 as defined by Section 1.07(a)(14), Penal
  Code, or Section 51.02(13) or (14), Family Code, or an employee of
  that person:
                     (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
  the service; or
                     (B)  in retaliation for or on account of the
  person's or employee's performance of a service within the scope of
  the contract;
               (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
  have an abortion; or
               (8) [(7)]  a person the actor knows is pregnant at the
  time of the offense.
         SECTION 2.  Section 22.01(e), Penal Code, is amended by
  adding Subdivision (2) to read as follows:
               (2)  "Process server" has the meaning assigned by
  Section 156.001, Government Code.
         SECTION 3.  Sections 22.02(b) and (d), Penal Code, are
  amended to read as follows:
         (b)  An offense under this section is a felony of the second
  degree, except that the offense is a felony of the first degree if:
               (1)  the actor uses a deadly weapon during the
  commission of the assault and causes serious bodily injury to a
  person whose relationship to or association with the defendant is
  described by Section 71.0021(b), 71.003, or 71.005, Family Code;
               (2)  regardless of whether the offense is committed
  under Subsection (a)(1) or (a)(2), the offense is committed:
                     (A)  by a public servant acting under color of the
  servant's office or employment;
                     (B)  against 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;
                     (C)  in retaliation against or on account of the
  service of another as a witness, prospective witness, informant, or
  person who has reported the occurrence of a crime; [or]
                     (D)  against a person the actor knows is a process
  server while the person is performing a duty as a process server; or
                     (E)  against a person the actor knows is a
  security officer while the officer is performing a duty as a
  security officer; or
               (3)  the actor is in a motor vehicle, as defined by
  Section 501.002, Transportation Code, and:
                     (A)  knowingly discharges a firearm at or in the
  direction of a habitation, building, or vehicle;
                     (B)  is reckless as to whether the habitation,
  building, or vehicle is occupied; and
                     (C)  in discharging the firearm, causes serious
  bodily injury to any person.
         (d)  In this section:
               (1)  "Process server" has the meaning assigned by
  Section 156.001, Government Code.
               (2)  "Security [, "security] officer" means a
  commissioned security officer as defined by Section 1702.002,
  Occupations Code, or a noncommissioned security officer registered
  under Section 1702.221, Occupations 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.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense was
  committed before that date.
         SECTION 5.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1306 was passed by the House on May
  14, 2021, by the following vote:  Yeas 126, Nays 18, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1306 was passed by the Senate on May
  25, 2021, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor