The bill, S.B. No. 46, proposes to increase the criminal penalties for certain acts of official oppression by amending Section 39.03 of the Penal Code. It introduces new provisions that classify offenses based on the intent and actions of public servants. Specifically, it establishes that an offense is a felony of the third degree if a public servant intentionally impairs the accuracy of data reported to the Texas Education Agency. Additionally, it escalates the offense to a felony of the second degree if the public servant is a peace officer who causes bodily injury or threatens imminent bodily injury while also causing serious bodily injury or using a deadly weapon.

Furthermore, the bill clarifies that if the conduct constituting an offense under this section also violates another section of the Penal Code, the actor may be prosecuted under either or both sections. The changes in law will apply only to offenses committed on or after the effective date of January 1, 2026, ensuring that any offenses occurring before this date will be governed by the previous law.

Statutes affected:
Introduced: Penal Code 39.03 (Penal Code 39)