Bill Text: TX HB2997 | 2023-2024 | 88th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-14 - Referred to Criminal Jurisprudence [HB2997 Detail]
Download: Texas-2023-HB2997-Introduced.html
| 88R9089 MZM-F | ||
| By: Hunter | H.B. No. 2997 | |
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| 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) "Explosive weapon" has the meaning assigned by | ||
| Section 28.03. | ||
| (3) "Extended power outage" means a power outage | ||
| lasting for more than 24 hours. | ||
| (4) "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 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. | ||
