HBA-AMW H.B. 151 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 151
By: Villarreal, Mike
Criminal Jurisprudence
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

Concerns have been raised regarding use of the Internet, electronic mail,
and other electronic devices to harass individuals.  Under current law, the
offense of harassment includes communication initiated by telephone or
writing.  However, the offense of harassment does not include communication
by electronic mail, electronic facsimile, or by another electronic device.
House Bill 151 provides that a person commits an offense if the person uses
electronic communication with the intent to harass, annoy, alarm, abuse,
torment, or embarrass another and in the course of the communication makes
a comment, request, suggestion, or proposal that is obscene.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 151 amends the Penal Code to provide that a person commits an
offense if the person uses electronic communication with the intent to
harass, annoy, alarm, abuse, torment, or embarrass another and in the
course of the communication makes a comment, request, suggestion, or
proposal that is obscene. The bill defines "electronic communication" to
include a communication initiated by electronic mail, facsimile machine, or
by any other electronic device. 

EFFECTIVE DATE

September 1, 2001.