83R1336 ADM-F
	By: Lozano	H.B. No. 532

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the offense of obstruction of or
	retaliation against a process server.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 36.06(a) and (b), Penal Code, are
	amended to read as follows:
	(a)  A person commits an offense if he intentionally or
	knowingly harms or threatens to harm another by an unlawful act:
	(1)  in retaliation for or on account of the service or
	status of another as a:
	(A)  public servant, process server, witness,
	prospective witness, or informant; or
	(B)  person who has reported or who the actor
	knows intends to report the occurrence of a crime; or
	(2)  to prevent or delay the service of another as a:
	(A)  public servant, process server, witness,
	prospective witness, or informant; or
	(B)  person who has reported or who the actor
	knows intends to report the occurrence of a crime.
	(b)  In this section:
	(1)  "Civil process" means all process issued or
	sanctioned by a civil court.
	(2)  "Honorably retired peace officer" means a peace
	officer who:
	(A)  did not retire in lieu of any disciplinary
	action;
	(B)  was eligible to retire from a law enforcement
	agency or was ineligible to retire only as a result of an injury
	received in the course of the officer's employment with the agency;
	and
	(C)  is entitled to receive a pension or annuity
	for service as a law enforcement officer or is not entitled to
	receive a pension or annuity only because the law enforcement
	agency that employed the officer does not offer a pension or annuity
	to its employees.
	(3) [(2)]  "Informant" means a person who has
	communicated information to the government in connection with any
	governmental function.
	(4)  "Process server" means a person who serves civil
	process.
	(5) [(3)]  "Public servant" includes an honorably
	retired peace officer.
	SECTION 2.  This Act takes effect September 1, 2013.