S.B. No. 947

	AN ACT
	relating to creating a criminal offense for damaging certain
	critical infrastructure facilities and providing for the
	prosecution of that conduct as manslaughter in certain
	circumstances; increasing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 19.04(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
	it is shown on the trial of the offense that the defendant committed
	an offense under Section 28.09 and that conduct caused the death of
	an individual.
	SECTION 2.  Chapter 28, Penal Code, is amended by adding
	Section 28.09 to read as follows:
	Sec. 28.09.  DAMAGING CRITICAL INFRASTRUCTURE FACILITY. (a)
	In this section:
	(1)  "Critical infrastructure facility" means an
	electrical power generating facility, substation, switching
	station, electrical control center, or electrical transmission or
	distribution facility.
	(2)  "Cyber attack" means an attempt to damage,
	disrupt, or gain unauthorized access to a computer, computer
	network, or computer system.
	(3)  "Drone" has the meaning assigned by Article 2.33,
	Code of Criminal Procedure, as added by Chapter 1011 (H.B. 1758),
	Acts of the 87th Legislature, Regular Session, 2021.
	(4)  "Explosive weapon" has the meaning assigned by
	Section 28.03.
	(5)  "Extended power outage" means a power outage:
	(A)  lasting for two hours or more; or
	(B)  affecting 1,000 or more meters used to
	measure electric energy consumption by retail customers.
	(6)  "Firearm" has the meaning assigned by Section
	46.01.
	(b)  A person commits an offense if, without the effective
	consent of the owner or operator of a critical infrastructure
	facility, the person:
	(1)  intentionally or knowingly damages, destroys,
	vandalizes, or impairs the function of any critical infrastructure
	facility; and
	(2)  as a result of the conduct described by
	Subdivision (1), causes an extended power outage.
	(c)  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 amount of pecuniary damage to the critical
	infrastructure facility is $100,000 or more; or
	(2)  the actor uses a firearm, drone, cyber attack, or
	explosive weapon in the commission of the offense.
	(d)  If conduct that constitutes an offense under this
	section also constitutes an offense under any other law, the actor
	may be prosecuted under this section, the other law, or both.
	SECTION 3.  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 4.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 947 passed the Senate on
	April 12, 2023, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 947 passed the House on
	May 23, 2023, by the following vote:  Yeas 147, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor