SECTION 1. Section 46.035(h-1), Penal Code, is amended to read as follows:
(h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c) that at the time of the commission of the offense, the actor was not:
(1) a statewide elected official; or
(2) a member of the legislature.
SECTION 2. Section 46.035, Penal Code, is amended by adding Subsection (h-2) to read as follows:
(h-2) It is a defense to prosecution under Subsections (b)(1), (2), and (4)-(6), and (c)
that at the time of the commission of the offense, the actor was a person who, on September 1, 2011,
was not serving as a member of the legislature.
Do you think the legislature would support that? Why or why not?