Legislative Blog
J.B. Williams, J.D.
8 bills that modify the Penal Code
A Blog about 88th Legislature Laws
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of 88th Legislature Laws
The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.
Blog Summary
SB 386
SB 840 - Jacqueline 'Jackie' Pokuaa and Katie 'Annette' Flowers Act
SB 947 - Enhancement of offenses to critical infrastructure
SB 1004
SB 1308
SB 1361
SB 1551 - You must provide a driver's license, name, date of birth, residential address if requested when lawfully detained by a peace officer
SB 1653
8 bills that modify the Penal Code
Published: 2026-04-13
Multiple short modifications
SB 386 - 2 pages
Making it presumed that the actor knew the individual they murdered was a peace officer or fireman if the individual was wearing a distinctive uniform or badge so indicating employment as a peace office or fireman.
This can also be known as the Richard Houston II Act. He was a 21 year veteran of the Mesquite Police Department when he was shot and killed in the line of duty in 2021.
SB 840 - 4 pages
This deals with assault that is a Class A misdemeanor becoming a third degree felony. There were already several basis for this to happen. Now if the assault is someone the individual knows is a hospital personnel and they are on hospital property, it will enhance the charge.
This is also known as the Jacqueline 'Jackie' Pokuaa and Katie 'Annette' Flowers Act. These were 2 healthcare workers at Methodist Dallas Medical Center whom were killed by a parolee at the hospital.
SB 947 - 4 pages
Damage to critical infrastructure can be a 2nd degree felony, which is enhanced to a first degree felony if someone dies as a result. If someone, without owner/operator consent, intentionally or knowingly damages, destroys, vandalizes, or impairs the function of any critical infrastructure facility; and this results in an extended power outage, then it is an offense.
An extended power outage lasts for 2 or more hours; or affects 1,000 or more meters.
The offense is also enhanced if the amount of pecuniary damage is $100,000 or more; or a drone, firearm, cyber attack, or explosive weapon was used.
SB 1004 - 3 pages
Tampering with, conspiring with someone to tamper with, an electronic monitoring device is a state jail felony. It becomes a third degree felony if the individual was in a super-intensive supervision program. This does not apply to removal for medical necessity.
SB 1308 - 6 pages
It is an offense to operate an unmanned aircraft over an airport or military installation. This includes permitting it to make contact with the airport or military installation or any object/person on the premises. It also includes operating it in a manner that interferes with the operations or causes a disturbance to the airport or military installation.
You can claim the following as a defense:
- it was done by the federal government, state or government activity;
- a person under contract with the federal government, state or government entity;
- law enforcement;
- person under contract or on behalf of law enforcement;
- owner/operator of the airport or military installation;
- a person under contract or pon behalf of an owner/operator of the airport or military installation;
- a person with prior written authorization of the owner/operator of the airport or military installation;
- a person with prior written authorization from the FAA; or
- the owner/occupant of the property where the airport or military installation is (or a person with that persons written consent);
An offense here is a Class B misdemeanor, or if prior conviction that a Class A misdemeanor.
SB 1361 - 2 pages
It is an offense to create a deep fake that is knowingly produced or distributed that shows the person, without the consent of the person appearing to be depicted, engage in sexual conduct or with intimate parts exposed. It is a Class A misdemeanor.
SB 1551 - 3 pages
It is an offense if an operator of a motor vehicle is lawfully detained by a peace officer for an alleged violation of law and the operator fails to provide or display their driver's license upon request; and intentionally refuses to provide their name, driver's license number, residential address, or date of birth upon request. If the address provided does not match the driver's license but is the operator's actual residential address than it is not a violation. These would be Class C misdemeanors.
The violation is enhanced to a Class B misdemeanor, if at trial it is shown that the operator gave false or fictitious name.
I guess this is to clarify that you must provide this information when being stopped by a peace officer.
SB 1653 - 2 pages
A modification that removed the language 'engaging in prostitution' from the first degree felony of engaging in conduct with a person under 18.
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