Bill Text: TX HB952 | 2011-2012 | 82nd Legislature | Introduced

Texas House Bill 952 (Prior Session Legislation)

Introduced

Bill Title: Relating to the creation of the offense of obstruction of or retaliation against a process server.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-04-19 - Withdrawn from schedule [HB952 Detail]

Download: Texas-2011-HB952-Introduced.html

	82R5686 SJM-F

	By: Lozano	H.B. No. 952



	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, 2011.