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A BILL TO BE ENTITLED
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AN ACT
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relating to engaging in certain prohibited conduct with the intent |
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to intimidate or interfere with a person seeking or providing |
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health care services or attending an established place of religious |
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worship; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.01(d), Penal Code, is amended to read |
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as follows: |
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(d) An offense under this section is a Class C misdemeanor, |
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except that the offense is a Class B misdemeanor if the offense was |
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[unless] committed: |
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(1) under Subsection (a)(7) or (a)(8); or |
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(2) under Subsection (a)(4), if the actor engaged in |
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the prohibited conduct with the intent to intimidate or interfere |
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with a person: |
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(A) seeking or providing health care services; or |
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(B) attending an established place of religious |
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worship[, in which event it is a Class B misdemeanor]. |
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SECTION 2. Section 42.04, Penal Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) Except as provided by Subsection (d), if [If] conduct |
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that would otherwise violate Section 42.01(a)(5) (Unreasonable |
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Noise), 42.03 (Obstructing Passageway), or 42.055 (Funeral Service |
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Disruptions) consists of speech or other communication, of |
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gathering with others to hear or observe such speech or |
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communication, or of gathering with others to picket or otherwise |
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express in a nonviolent manner a position on social, economic, |
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political, or religious questions, the actor must be ordered to |
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move, disperse, or otherwise remedy the violation prior to his |
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arrest if he has not yet intentionally harmed the interests of |
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others which those sections seek to protect. |
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(c) Except as provided by Subsection (d), it [It] is a |
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defense to prosecution under Section 42.01(a)(5), 42.03, or 42.055: |
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(1) that in circumstances in which this section |
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requires an order no order was given; |
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(2) that an order, if given, was manifestly |
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unreasonable in scope; or |
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(3) that an order, if given, was promptly obeyed. |
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(d) An order under Subsection (a) is not required, and the |
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defense provided under Subsection (c) does not apply, in the |
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prosecution of an offense under Section 42.03 if the actor engaged |
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in the prohibited conduct: |
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(1) with respect to the entry of a health care facility |
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or established place of religious worship; and |
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(2) with the intent to intimidate or interfere with a |
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person seeking or providing health care services at the facility or |
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attending the place of worship, as applicable. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |