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