Under TPC 22.01(b)(1), it appears an officer working an off-duty job, in uniform is not covered (enhanced to 3rd). The legislature has however seen fit to cover others such as emergency services personnell (e)(1) & security guards (e)(3). It appears to be an oversight in the legislation. Has anyone tried one of these cases as a felony?

[This message was edited by NANCYW on 12-10-08 at .]

Not exactly an answer to your question, but civil cases place an officer in uniform on duty when he or she takes a law enforcement action on an off-duty job.

"an off-duty policeman can still be engaged in the lawful discharge of his duties. In both Monroe v. State, 465 S.W.2d 757 (Tex.Cr.App. 1971) and Wood v. State, 486 S.W.2d 771 (Tex.Cr.App. 1972), the injured parties were police officers, in uniform, who were "moonlighting" as a nightclub bouncer [**4] and a parking lot attendant, respectively. But both were injured as they attempted to make lawful arrests of defendants on other grounds. And in Thompson v. State, 426 S.W.2d 242 (Tex.Cr.App. 1968), an off-duty policeman in plainclothes who was "moonlighting" as an apartment building security guard was attempting to break up a rowdy party when he was assaulted. In all three of these cases, this Court held that the particular activity in which the peace officers were engaged when they were assaulted was in the lawful discharge of their duties as policemen. Their activities were certainly tantamount or analogous to such duties."

Morris v. State, 523 S.W.2d 417