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AN ACT
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relating to the prosecution of the offense of harassment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.07(a), Penal Code, is amended to read |
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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; |
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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 cause emotional distress, abuse, or |
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torment to another person, unless the communications are made in |
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connection with a matter of public concern; or |
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(9) makes obscene, intimidating, or threatening |
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telephone calls or other electronic communications from a temporary |
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or disposable telephone number provided by an Internet application |
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or other technological means. |
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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, 2023. |
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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. 1427 was passed by the House on May 2, |
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2023, by the following vote: Yeas 139, Nays 5, 3 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. 1427 was passed by the Senate on May |
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18, 2023, by the following vote: Yeas 31, Nays 0. |
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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 |