76R7459 GWK-F                          
         By Barrientos, et al.                                  S.B. No. 962
         Substitute the following for S.B. No. 962:
         By Keel                                            C.S.S.B. No. 962
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution and punishment of the offense of
 1-3     harassment.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 42.07, Penal Code, is amended to read as
 1-6     follows:
 1-7           Sec. 42.07.  HARASSMENT.  (a)  A person commits an offense
 1-8     if, with intent to harass, annoy, alarm, abuse, torment, or
 1-9     embarrass another, he:
1-10                 (1)  initiates communication by telephone, [or] in
1-11     writing, or by electronic communication and in the course of the
1-12     communication makes a comment, request, suggestion, or proposal
1-13     that is obscene;
1-14                 (2)  threatens, by telephone, [or] in writing, or by
1-15     electronic communication, in a manner reasonably likely to alarm
1-16     the person receiving the threat, to inflict bodily injury on the
1-17     person or to commit a felony against the person, a member of his
1-18     family, or his property;
1-19                 (3)  conveys, in a manner reasonably likely to alarm
1-20     the person receiving the report, a false report, which is known by
1-21     the conveyor to be false, that another person has suffered death or
1-22     serious bodily injury;
1-23                 (4)  causes the telephone of another to ring repeatedly
1-24     or makes repeated telephone communications anonymously or in a
 2-1     manner reasonably likely to harass, annoy, alarm, abuse, torment,
 2-2     embarrass, or offend another;
 2-3                 (5)  makes a telephone call and intentionally fails to
 2-4     hang up or disengage the connection; [or]
 2-5                 (6)  knowingly permits a telephone under his control to
 2-6     be used by a person to commit an offense under this section; or
 2-7                 (7)  sends repeated electronic communications, either
 2-8     signed or anonymously, or sends repeated electronic communications
 2-9     in a manner reasonably likely to harass, annoy, alarm, abuse,
2-10     torment, embarrass, or offend another.
2-11           (b)  In this section:
2-12                 (1)  "Electronic communication" includes a
2-13     communication initiated  by electronic mail, network call, or a
2-14     facsimile machine and a communication made to a pager.
2-15                 (2)  "Family" has the meaning assigned by Section
2-16     71.003, Family Code.
2-17                 (3)  "Obscene" [For purposes of Subsection (a)(1),
2-18     "obscene"] means containing a patently offensive description of or
2-19     a solicitation to commit an ultimate sex act, including sexual
2-20     intercourse, masturbation, cunnilingus, fellatio, or anilingus, or
2-21     a description of an excretory function.  [In this section, "family"
2-22     has the meaning assigned by Section 71.01, Family Code.]                  
2-23           (c)  An offense under this section is a Class B misdemeanor
2-24     unless the defendant has previously been convicted under this
2-25     section, in which event the offense is a Class A misdemeanor.
2-26           SECTION 2.  (a)  The change in law made by this Act applies
2-27     only to an offense committed on or after the effective date of this
 3-1     Act.  For purposes of this section, an offense is committed before
 3-2     the effective date of this Act if any element of the offense occurs
 3-3     before the effective date.
 3-4           (b)  An offense committed before the effective date of this
 3-5     Act is covered by the law in effect when the offense was committed,
 3-6     and the former law is continued in effect for that purpose.
 3-7           SECTION 3.  This Act takes effect September 1, 1999.
 3-8           SECTION 4.  The importance of this legislation and the
 3-9     crowded condition of the calendars in both houses create an
3-10     emergency and an imperative public necessity that the
3-11     constitutional rule requiring bills to be read on three several
3-12     days in each house be suspended, and this rule is hereby suspended.