By Villarreal H.B. No. 151
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of the offense of harassment.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 42.07(a) and (b), Penal Code, are
1-5 amended to read as follows:
1-6 (a) A person commits an offense if, with intent to harass,
1-7 annoy, alarm, abuse, torment, or embarrass another, he:
1-8 (1) initiates communication by telephone, [or] in
1-9 writing, or by electronic communication and in the course of the
1-10 communication makes a comment, request, suggestion, or proposal
1-11 that is obscene;
1-12 (2) threatens, by telephone or in writing, in a
1-13 manner reasonably likely to alarm the person receiving the threat,
1-14 to inflict bodily injury on the person or to commit a felony
1-15 against the person, a member of his family, or his property;
1-16 (3) conveys, in a manner reasonably likely to alarm
1-17 the person receiving the report, a false report, which is known by
1-18 the conveyor to be false, that another person has suffered death or
1-19 serious bodily injury;
1-20 (4) causes the telephone of another to ring repeatedly
1-21 or makes repeated telephone communications anonymously or in a
1-22 manner reasonably likely to harass, annoy, alarm, abuse, torment,
2-1 embarrass, or offend another;
2-2 (5) makes a telephone call and intentionally fails to
2-3 hang up or disengage the connection; or
2-4 (6) knowingly permits a telephone under his control
2-5 to be used by a person to commit an offense under this section.
2-6 (b) In this section:
2-7 (1) "Electronic communication" includes a
2-8 communication initiated by electronic mail, facsimile machine, or
2-9 by any other electronic device.
2-10 (2) "Family" has the meaning assigned by Section
2-11 71.003, Family Code.
2-12 (3) "Obscene" [For purposes of Subsection (a)(1),
2-13 "obscene"] means containing a patently offensive description of or
2-14 a solicitation to commit an ultimate sex act, including sexual
2-15 intercourse, masturbation, cunnilingus, fellatio, or anilingus, or
2-16 a description of an excretory function. [In this section, "family"
2-17 has the meaning assigned by Section 71.003, Family Code.]
2-18 SECTION 2. (a) The change in law made by this Act applies
2-19 only to an offense committed on or after the effective date of this
2-20 Act. For purposes of this section, an offense is committed before
2-21 the effective date of this Act if any element of the offense occurs
2-22 before the effective date.
2-23 (b) An offense committed before the effective date of this
2-24 Act is covered by the law in effect when the offense was committed,
2-25 and the former law is continued in effect for that purpose.
2-26 SECTION 3. This Act takes effect September 1, 2001.