BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1093

                                                                                                                                            By: Geren

                                                                                                                       Criminal Jurisprudence

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

During the 79th 3rd Called Session, the Legislature passed H.B. 97 to address the disturbing problem of individuals disrupting the funerals of fallen soldiers.  A radical activist group had launched a campaign claiming that the deaths of American soldiers in Iraq are divine punishment for a country that harbors homosexuals.  The protests have occurred throughout Texas and across the country.

 

Unfortunately, even after passage of this legislation, some radical activists continue to protest military funerals.  These individuals carry signs glorifying the deaths of American soldiers in Iraq.

 

H.B. 1093 simply extends the distance barrier for individuals picketing a funeral from 500 feet to 1000 feet. This legislation protects the sanctity of funerals while respecting all Americans' First Amendment right to free speech.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

House Bill 1093 amends Section 42.055(b) of the Penal Code by extending the distance for a person engaged in picketing a funeral from within 500 feet to within 1000 feet of the funeral service site.

 

EFFECTIVE DATE

 

September 1, 2007.