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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of obstruction or |
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retaliation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 36.06(a-1) and (d), Penal Code, are |
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amended to read as follows: |
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(a-1) A person commits an offense if the person : |
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(1) posts on a publicly accessible website: |
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(A) the residence address or telephone number of |
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an individual the actor knows is a public servant; or |
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(B) the name, residence address, or telephone |
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number of a member of a public servant's family or household; and |
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(2) engages in the conduct described by Subdivision |
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(1) with the intent to cause harm or a threat of harm to the |
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individual or a member of the individual's family or household in |
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retaliation for or on account of the service or status of the |
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individual as a public servant. |
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(d) For purposes of Subsection (a-1), it is prima facie |
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evidence of the intent to cause harm or a threat of harm to an |
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individual the person knows is a public servant or a member of the |
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individual's [a public servant's] family or household if the actor: |
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(1) receives a written demand from the individual or |
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an official representative of the individual's employer to not |
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disclose the name, address, or telephone number for reasons of |
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safety; and |
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(2) either: |
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(A) fails to remove the name, address, or |
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telephone number from the publicly accessible website within a |
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period of 48 hours after receiving the demand; or |
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(B) reposts the name, address, or telephone |
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number on the same or a different publicly accessible website, or |
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makes the information publicly available through another medium, |
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within a period of four years after receiving the demand, |
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regardless of whether the individual is no longer a public servant. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |