It is an affirmative defense to prosecution under Section 33.02 or 33.022 that the actor was an officer, employee, or agent of a communication common carrier or electric utility and committed the proscribed act or acts in the course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the communication common carrier or electric utility.
Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 33.04 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Acts 2017, 85th Leg., R.S., Ch. 684 (H.B. 9), Sec. 4, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.18, eff. January 1, 2019.