H.B. No. 3490
 
 
 
 
AN ACT
  relating to the prosecution and punishment of the criminal offense
  of harassment; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 42.07(a) and (c), Penal Code, are
  amended to read as follows:
         (a)  A person commits an offense if, with intent to harass,
  annoy, alarm, abuse, torment, or embarrass another, the person:
               (1)  initiates communication and in the course of the
  communication makes a comment, request, suggestion, or proposal
  that is obscene;
               (2)  threatens, in a manner reasonably likely to alarm
  the person receiving the threat, to inflict bodily injury on the
  person or to commit a felony against the person, a member of the
  person's family or household, or the person's property;
               (3)  conveys, in a manner reasonably likely to alarm
  the person receiving the report, a false report, which is known by
  the conveyor to be false, that another person has suffered death or
  serious bodily injury;
               (4)  causes the telephone of another to ring repeatedly
  or makes repeated telephone communications anonymously or in a
  manner reasonably likely to harass, annoy, alarm, abuse, torment,
  embarrass, or offend another;
               (5)  makes a telephone call and intentionally fails to
  hang up or disengage the connection;
               (6)  knowingly permits a telephone under the person's
  control to be used by another to commit an offense under this
  section; [or]
               (7)  sends repeated electronic communications in a
  manner reasonably likely to harass, annoy, alarm, abuse, torment,
  embarrass, or offend another; or
               (8)  publishes on an Internet website, including a
  social media platform, repeated electronic communications in a
  manner reasonably likely to harass, abuse, or torment another
  person.
         (c)  An offense under this section is a Class B misdemeanor,
  except that the offense is a Class A misdemeanor if:
               (1)  the actor has previously been convicted under this
  section; or
               (2)  the offense was committed under Subsection (a)(7)
  or (8) and:
                     (A)  the offense was committed against a child
  under 18 years of age with the intent that the child:
                           (i)  commit suicide; or
                           (ii)  engage in conduct causing serious
  bodily injury to the child; or
                     (B)  the actor has previously violated a temporary
  restraining order or injunction issued under Chapter 129A, Civil
  Practice and Remedies Code.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3490 was passed by the House on May
  10, 2019, by the following vote:  Yeas 101, Nays 34, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3490 was passed by the Senate on May
  21, 2019, by the following vote:  Yeas 29, Nays 2.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor