By: Buckingham, et al. S.B. No. 912     A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty for certain conduct   engaged in while participating in a riot and to restitution for   property damage resulting from participating in a riot.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 42.02, Penal Code, is amended by   amending Subsections (a) and (e) and adding Subsections (a-1), (g),   and (h) to read as follows:          (a)  In [For the purpose of] this section:                (1)  "First responder" has the meaning assigned by   Section 421.095, Government Code.                (2)  "Riot"[, "riot"] means the assemblage of seven or   more persons resulting in conduct which:                      (A) [(1)]  creates an immediate danger of damage   to property or injury to persons;                      (B) [(2)]  substantially obstructs law   enforcement or other governmental functions or services; or                      (C) [(3)]  by force, threat of force, or physical   action deprives any person of a legal right or disturbs any person   in the enjoyment of a legal right.          (a-1)  The term "riot" as defined by Subsection (a) does not   include an assemblage of seven or more persons gathering in the   exercise of their rights under the First Amendment to the United   States Constitution unless those persons engage in conduct   described by Subsections (a)(2)(A)-(C).           (e)  Except as provided by Subsections [in Subsection] (f)   and (g), an offense under this section is a Class B misdemeanor.          (g)  An offense under this section is a state jail felony if   it is shown on the trial of the offense that the actor, while   participating in the riot, knowingly committed or attempted to   commit an offense under Section 22.01(a)(1) or (3) against a person   the actor knew was a first responder while the person was performing   a duty as a first responder.          (h)  For purposes of Subsection (g), the actor is presumed to   have known the person was a first responder if the person was   wearing a distinctive uniform or badge indicating the person's   status as a first responder.          SECTION 2.  Article 42.037, Code of Criminal Procedure, is   amended by adding Subsection (w) to read as follows:          (w)  The court shall order a defendant convicted of an   offense under Section 42.02, Penal Code, to make restitution for   any damage to or loss or destruction of property by reimbursing the   owner of the property for the cost of restoring or replacing the   property.          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 was   committed before that date.          SECTION 4.  This Act takes effect September 1, 2021.