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  H.B. No. 165
 
 
 
 
AN ACT
  relating to the prosecution of and punishment for an aggravated
  assault occurring as part of a mass shooting; increasing a criminal
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1.07(a), Penal Code, is amended by
  adding Subdivision (30-a) to read as follows:
               (30-a)  "Mass shooting" means a person's discharge of a
  firearm to cause serious bodily injury or death, or to attempt to
  cause serious bodily injury or death, to four or more persons:
                     (A)  during the same criminal transaction; or
                     (B)  during different criminal transactions but
  pursuant to the same scheme or course of conduct.
         SECTION 2.  Section 3.03, Penal Code, is amended by amending
  Subsection (a) and adding Subsection (c) to read as follows:
         (a)  When the accused is found guilty of more than one
  offense arising out of the same criminal episode prosecuted in a
  single criminal action, a sentence for each offense for which the
  accused [he] has been found guilty shall be pronounced. Except as
  provided by Subsections [Subsection] (b) and (c), the sentences
  shall run concurrently.
         (c)  If in a single criminal action the accused is found
  guilty of more than one offense under Section 22.02 that arises out
  of the same criminal episode, the sentences run consecutively if
  each sentence is for a conviction of an assault punishable as a
  felony of the first degree under Section 22.02(b)(4).
         SECTION 3.  Section 3.04(c), Penal Code, is amended to read
  as follows:
         (c)  The right to severance under this section does not apply
  to a prosecution for offenses described by Section 3.03(b) or (c)
  unless the court determines that the defendant or the state would be
  unfairly prejudiced by a joinder of offenses, in which event the
  judge may order the offenses to be tried separately or may order
  other relief as justice requires.
         SECTION 4.  Section 22.02(b), Penal Code, is 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;
                     (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; or
               (4)  the actor commits the assault as part of a mass
  shooting.
         SECTION 5.  The changes in law made by this Act apply 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 6.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 165 was passed by the House on April
  12, 2023, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 165 was passed by the Senate on May
  17, 2023, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor