88R9979 JSC-D
 
  By: Hull H.B. No. 2715
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition on following an individual and tracking
  or monitoring the individual's personal property or motor vehicle
  and to the criminal prosecution of that conduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 7B.005(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  In a protective order issued under this subchapter, the
  court may:
               (1)  order the alleged offender to take action as
  specified by the court that the court determines is necessary or
  appropriate to prevent or reduce the likelihood of future harm to
  the applicant or a member of the applicant's family or household; or
               (2)  prohibit the alleged offender from:
                     (A)  communicating:
                           (i)  directly or indirectly with the
  applicant or any member of the applicant's family or household in a
  threatening or harassing manner; or
                           (ii)  in any manner with the applicant or any
  member of the applicant's family or household except through the
  applicant's attorney or a person appointed by the court, if the
  court finds good cause for the prohibition;
                     (B)  going to or near the residence, place of
  employment or business, or child-care facility or school of the
  applicant or any member of the applicant's family or household;
                     (C)  engaging in conduct directed specifically
  toward the applicant or any member of the applicant's family or
  household, including following the person, that is reasonably
  likely to harass, annoy, alarm, abuse, torment, or embarrass the
  person; [and]
                     (D)  possessing a firearm, unless the alleged
  offender is a peace officer, as defined by Section 1.07, Penal Code,
  actively engaged in employment as a sworn, full-time paid employee
  of a state agency or political subdivision; and
                     (E)  tracking or monitoring personal property or a
  motor vehicle in the possession of the applicant or of a member of
  the applicant's family or household, without the applicant's
  consent, including by:
                           (i)  using a tracking application on a
  personal electronic device in the possession of the applicant or
  the family or household member or using a tracking device; or
                           (ii)  physically following the applicant or
  the family or household member or causing another to physically
  follow the applicant or member.
         SECTION 2.  Article 17.292(c), Code of Criminal Procedure,
  is amended to read as follows:
         (c)  The magistrate in the order for emergency protection may
  prohibit the arrested party from:
               (1)  committing:
                     (A)  family violence or an assault on the person
  protected under the order; or
                     (B)  an act in furtherance of an offense under
  Section 20A.02 or 42.072, Penal Code;
               (2)  communicating:
                     (A)  directly with a member of the family or
  household or with the person protected under the order in a
  threatening or harassing manner;
                     (B)  a threat through any person to a member of the
  family or household or to the person protected under the order; or
                     (C)  if the magistrate finds good cause, in any
  manner with a person protected under the order or a member of the
  family or household of a person protected under the order, except
  through the party's attorney or a person appointed by the court;
               (3)  going to or near:
                     (A)  the residence, place of employment, or
  business of a member of the family or household or of the person
  protected under the order; or
                     (B)  the residence, child care facility, or school
  where a child protected under the order resides or attends; [or]
               (4)  possessing a firearm, unless the person is a peace
  officer, as defined by Section 1.07, Penal Code, actively engaged
  in employment as a sworn, full-time paid employee of a state agency
  or political subdivision; or
               (5)  tracking or monitoring personal property or a
  motor vehicle in the possession of the person protected under the
  order or of a member of the family or household of the person
  protected under the order, without the protected person's consent,
  including by:
                     (A)  using a tracking application on a personal
  electronic device in the possession of the person or the family or
  household member or using a tracking device; or
                     (B)  physically following the person or the family
  or household member or causing another to physically follow the
  person or member.
         SECTION 3.  Article 17.49(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  A magistrate may require as a condition of release on
  bond that a defendant charged with an offense involving family
  violence:
               (1)  refrain from going to or near a residence, school,
  place of employment, or other location, as specifically described
  in the bond, frequented by an alleged victim of the offense;
               (2)  carry or wear a global positioning monitoring
  system device and, except as provided by Subsection (h), pay a
  reimbursement fee for the costs associated with operating that
  system in relation to the defendant; [or]
               (3)  except as provided by Subsection (h), if the
  alleged victim of the offense consents after receiving the
  information described by Subsection (d), pay a reimbursement fee
  for the costs associated with providing the victim with an
  electronic receptor device that:
                     (A)  is capable of receiving the global
  positioning monitoring system information from the device carried
  or worn by the defendant; and
                     (B)  notifies the victim if the defendant is at or
  near a location that the defendant has been ordered to refrain from
  going to or near under Subdivision (1); or
               (4)  refrain from tracking or monitoring personal
  property or a motor vehicle in the possession of the alleged victim
  of the offense, without the victim's consent, including by:
                     (A)  using a tracking application on a personal
  electronic device in the possession of the victim or using a
  tracking device; or
                     (B)  physically following the victim or causing
  another to physically follow the victim.
         SECTION 4.  Section 6.501(a), Family Code, is amended to
  read as follows:
         (a)  After the filing of a suit for dissolution of a
  marriage, on the motion of a party or on the court's own motion, the
  court may grant a temporary restraining order without notice to the
  adverse party for the preservation of the property and for the
  protection of the parties as necessary, including an order
  prohibiting one or both parties from:
               (1)  intentionally communicating in person or in any
  other manner, including by telephone or another electronic voice
  transmission, video chat, in writing, or electronic messaging, with
  the other party by use of vulgar, profane, obscene, or indecent
  language or in a coarse or offensive manner, with intent to annoy or
  alarm the other party;
               (2)  threatening the other party in person or in any
  other manner, including by telephone or another electronic voice
  transmission, video chat, in writing, or electronic messaging, to
  take unlawful action against any person, intending by this action
  to annoy or alarm the other party;
               (3)  placing a telephone call, anonymously, at an
  unreasonable hour, in an offensive and repetitious manner, or
  without a legitimate purpose of communication with the intent to
  annoy or alarm the other party;
               (4)  intentionally, knowingly, or recklessly causing
  bodily injury to the other party or to a child of either party;
               (5)  threatening the other party or a child of either
  party with imminent bodily injury;
               (6)  intentionally, knowingly, or recklessly
  destroying, removing, concealing, encumbering, transferring, or
  otherwise harming or reducing the value of the property of the
  parties or either party with intent to obstruct the authority of the
  court to order a division of the estate of the parties in a manner
  that the court deems just and right, having due regard for the
  rights of each party and any children of the marriage;
               (7)  intentionally falsifying a writing or record,
  including an electronic record, relating to the property of either
  party;
               (8)  intentionally misrepresenting or refusing to
  disclose to the other party or to the court, on proper request, the
  existence, amount, or location of any tangible or intellectual
  property of the parties or either party, including electronically
  stored or recorded information;
               (9)  intentionally or knowingly damaging or destroying
  the tangible or intellectual property of the parties or either
  party, including electronically stored or recorded information;
               (10)  intentionally or knowingly tampering with the
  tangible or intellectual property of the parties or either party,
  including electronically stored or recorded information, and
  causing pecuniary loss or substantial inconvenience to the other
  party;
               (11)  except as specifically authorized by the court:
                     (A)  selling, transferring, assigning,
  mortgaging, encumbering, or in any other manner alienating any of
  the property of the parties or either party, regardless of whether
  the property is:
                           (i)  personal property, real property, or
  intellectual property; or
                           (ii)  separate or community property;
                     (B)  incurring any debt, other than legal expenses
  in connection with the suit for dissolution of marriage;
                     (C)  withdrawing money from any checking or
  savings account in a financial institution for any purpose;
                     (D)  spending any money in either party's
  possession or subject to either party's control for any purpose;
                     (E)  withdrawing or borrowing money in any manner
  for any purpose from a retirement, profit sharing, pension, death,
  or other employee benefit plan, employee savings plan, individual
  retirement account, or Keogh account of either party; or
                     (F)  withdrawing or borrowing in any manner all or
  any part of the cash surrender value of a life insurance policy on
  the life of either party or a child of the parties;
               (12)  entering any safe deposit box in the name of or
  subject to the control of the parties or either party, whether
  individually or jointly with others;
               (13)  changing or in any manner altering the
  beneficiary designation on any life insurance policy on the life of
  either party or a child of the parties;
               (14)  canceling, altering, failing to renew or pay
  premiums on, or in any manner affecting the level of coverage that
  existed at the time the suit was filed of, any life, casualty,
  automobile, or health insurance policy insuring the parties'
  property or persons, including a child of the parties;
               (15)  opening or diverting mail or e-mail or any other
  electronic communication addressed to the other party;
               (16)  signing or endorsing the other party's name on any
  negotiable instrument, check, or draft, including a tax refund,
  insurance payment, and dividend, or attempting to negotiate any
  negotiable instrument payable to the other party without the
  personal signature of the other party;
               (17)  taking any action to terminate or limit credit or
  charge credit cards in the name of the other party;
               (18)  discontinuing or reducing the withholding for
  federal income taxes from either party's wages or salary;
               (19)  destroying, disposing of, or altering any
  financial records of the parties, including a canceled check,
  deposit slip, and other records from a financial institution, a
  record of credit purchases or cash advances, a tax return, and a
  financial statement;
               (20)  destroying, disposing of, or altering any e-mail,
  text message, video message, or chat message or other electronic
  data or electronically stored information relevant to the subject
  matter of the suit for dissolution of marriage, regardless of
  whether the information is stored on a hard drive, in a removable
  storage device, in cloud storage, or in another electronic storage
  medium;
               (21)  modifying, changing, or altering the native
  format or metadata of any electronic data or electronically stored
  information relevant to the subject matter of the suit for
  dissolution of marriage, regardless of whether the information is
  stored on a hard drive, in a removable storage device, in cloud
  storage, or in another electronic storage medium;
               (22)  deleting any data or content from any social
  network profile used or created by either party or a child of the
  parties;
               (23)  using any password or personal identification
  number to gain access to the other party's e-mail account, bank
  account, social media account, or any other electronic account;
               (24)  terminating or in any manner affecting the
  service of water, electricity, gas, telephone, cable television, or
  any other contractual service, including security, pest control,
  landscaping, or yard maintenance at the residence of either party,
  or in any manner attempting to withdraw any deposit paid in
  connection with any of those services;
               (25)  excluding the other party from the use and
  enjoyment of a specifically identified residence of the other
  party; [or]
               (26)  entering, operating, or exercising control over a
  motor vehicle in the possession of the other party; or
               (27)  tracking or monitoring personal property or a
  motor vehicle in the possession of a party, without that party's
  consent, including by:
                     (A)  using a tracking application on a personal
  electronic device in the possession of that party or using a
  tracking device; or
                     (B)  physically following that party or causing
  another to physically follow that party.
         SECTION 5.  Section 85.021, Family Code, is amended to read
  as follows:
         Sec. 85.021.  REQUIREMENTS OF ORDER APPLYING TO ANY
  PARTY.  In a protective order, the court may:
               (1)  prohibit a party from:
                     (A)  removing a child who is a member of the family
  or household from:
                           (i)  the possession of a person named in the
  order; or
                           (ii)  the jurisdiction of the court;
                     (B)  transferring, encumbering, or otherwise
  disposing of property, other than in the ordinary course of
  business, that is mutually owned or leased by the parties; [or]
                     (C)  removing a pet, companion animal, or
  assistance animal, as defined by Section 121.002, Human Resources
  Code, from the possession or actual or constructive care of a person
  named in the order; or
                     (D)  tracking or monitoring personal property or a
  motor vehicle in the possession of a person named in the order,
  without that person's consent, including by:
                           (i)  using a tracking application on a
  personal electronic device in the possession of the person or using
  a tracking device; or
                           (ii)  physically following the person or
  causing another to physically follow the person;
               (2)  grant exclusive possession of a residence to a
  party and, if appropriate, direct one or more parties to vacate the
  residence if the residence:
                     (A)  is jointly owned or leased by the party
  receiving exclusive possession and a party being denied possession;
                     (B)  is owned or leased by the party retaining
  possession; or
                     (C)  is owned or leased by the party being denied
  possession and that party has an obligation to support the party or
  a child of the party granted possession of the residence;
               (3)  provide for the possession of and access to a child
  of a party if the person receiving possession of or access to the
  child is a parent of the child;
               (4)  require the payment of support for a party or for a
  child of a party if the person required to make the payment has an
  obligation to support the other party or the child; or
               (5)  award to a party the use and possession of
  specified property that is community property or jointly owned or
  leased property.
         SECTION 6.  Section 85.022(b), Family Code, is amended to
  read as follows:
         (b)  In a protective order, the court may prohibit the person
  found to have committed family violence from:
               (1)  committing family violence;
               (2)  communicating:
                     (A)  directly with a person protected by an order
  or a member of the family or household of a person protected by an
  order, in a threatening or harassing manner;
                     (B)  a threat through any person to a person
  protected by an order or a member of the family or household of a
  person protected by an order; and
                     (C)  if the court finds good cause, in any manner
  with a person protected by an order or a member of the family or
  household of a person protected by an order, except through the
  party's attorney or a person appointed by the court;
               (3)  going to or near the residence or place of
  employment or business of a person protected by an order or a member
  of the family or household of a person protected by an order;
               (4)  going to or near the residence, child-care
  facility, or school a child protected under the order normally
  attends or in which the child normally resides;
               (5)  engaging in conduct directed specifically toward a
  person who is a person protected by an order or a member of the
  family or household of a person protected by an order, including
  following the person, that is reasonably likely to harass, annoy,
  alarm, abuse, torment, or embarrass the person;
               (6)  possessing a firearm, unless the person is a peace
  officer, as defined by Section 1.07, Penal Code, actively engaged
  in employment as a sworn, full-time paid employee of a state agency
  or political subdivision; [and]
               (7)  harming, threatening, or interfering with the
  care, custody, or control of a pet, companion animal, or assistance
  animal, as defined by Section 121.002, Human Resources Code, that
  is possessed by or is in the actual or constructive care of a person
  protected by an order or by a member of the family or household of a
  person protected by an order; and
               (8)  tracking or monitoring personal property or a
  motor vehicle in the possession of a person protected by an order or
  of a member of the family or household of a person protected by an
  order, without the person's consent, including by:
                     (A)  using a tracking application on a personal
  electronic device in the possession of the person or the family or
  household member or using a tracking device; or
                     (B)  physically following the person or the family
  or household member or causing another to physically follow the
  person or member.
         SECTION 7.  Section 25.07(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if, in violation of a
  condition of bond set in a family violence, sexual assault or abuse,
  indecent assault, stalking, or trafficking case and related to the
  safety of a victim or the safety of the community, an order issued
  under Subchapter A, Chapter 7B, Code of Criminal Procedure, an
  order issued under Article 17.292, Code of Criminal Procedure, an
  order issued under Section 6.504, Family Code, Chapter 83, Family
  Code, if the temporary ex parte order has been served on the person,
  Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code,
  or an order issued by another jurisdiction as provided by Chapter
  88, Family Code, the person knowingly or intentionally:
               (1)  commits family violence or an act in furtherance
  of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
  42.072;
               (2)  communicates:
                     (A)  directly with a protected individual or a
  member of the family or household in a threatening or harassing
  manner;
                     (B)  a threat through any person to a protected
  individual or a member of the family or household; or
                     (C)  in any manner with the protected individual
  or a member of the family or household except through the person's
  attorney or a person appointed by the court, if the violation is of
  an order described by this subsection and the order prohibits any
  communication with a protected individual or a member of the family
  or household;
               (3)  goes to or near any of the following places as
  specifically described in the order or condition of bond:
                     (A)  the residence or place of employment or
  business of a protected individual or a member of the family or
  household; or
                     (B)  any child care facility, residence, or school
  where a child protected by the order or condition of bond normally
  resides or attends;
               (4)  possesses a firearm;
               (5)  harms, threatens, or interferes with the care,
  custody, or control of a pet, companion animal, or assistance
  animal that is possessed by a person protected by the order or
  condition of bond; [or]
               (6)  removes, attempts to remove, or otherwise tampers
  with the normal functioning of a global positioning monitoring
  system; or
               (7)  tracks or monitors personal property or a motor
  vehicle in the possession of a protected individual or of a member
  of the family or household of a protected individual, without the
  individual's consent, including by:
                     (A)  using a tracking application on a personal
  electronic device in the possession of the protected individual or
  the family or household member or using a tracking device; or
                     (B)  physically following the protected
  individual or family or household member or causing another to
  physically follow the individual or member.
         SECTION 8.  Section 42.07, Penal Code, is amended by
  amending Subsection (a) and adding Subsection (e) 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;
               (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 cause emotional distress, abuse, or
  torment to another person, unless the communications are made in
  connection with a matter of public concern; or
               (9)  tracks or monitors the personal property or motor
  vehicle of another person, without the other person's consent,
  including by:
                     (A)  using a tracking application on the person's
  personal electronic device or using a tracking device; or
                     (B)  physically following the other person or
  causing any person to physically follow the other person.
         (e)  For purposes of Subsection (a)(9), it is presumed that a
  person did not consent to the actor's conduct if:
               (1)  the person has filed an application for a
  protective or restraining order against or with respect to the
  actor under Subchapter A, Chapter 7B, Code of Criminal Procedure,
  Article 17.292, Code of Criminal Procedure, Section 6.504, Family
  Code, or Subtitle B, Title 4, Family Code, or an order has been
  issued against or with respect to the actor under one of those
  provisions; or
               (2)  the person is married to the actor and a petition
  for dissolution of marriage has been filed, or the person was
  previously married to the actor and the marriage has been
  dissolved.
         SECTION 9.  (a) Article 7B.005, Code of Criminal Procedure,
  as amended by this Act, and Sections 6.501, 85.021, and 85.022,
  Family Code, as amended by this Act, apply only to a protective or
  restraining order rendered on or after the effective date of this
  Act. A protective or restraining order rendered before the
  effective date of this Act is governed by the law in effect on the
  date the order was rendered, and the former law is continued in
  effect for that purpose.
         (b)  Article 17.292, Code of Criminal Procedure, as amended
  by this Act, applies only to a magistrate's order for emergency
  protection entered on or after the effective date of this Act. A
  magistrate's order for emergency protection entered before the
  effective date of this Act is governed by the law in effect on the
  date the order was entered, and the former law is continued in
  effect for that purpose.
         (c)  Article 17.49, Code of Criminal Procedure, as amended by
  this Act, applies only to a defendant released on bond in connection
  with an offense committed on or after the effective date of this
  Act.  A defendant released on bond in connection with an offense
  committed before the effective date of this Act is governed by the
  law in effect when the offense was committed, and the former law is
  continued in effect for that purpose.  For purposes of this
  subsection, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         (d)  Sections 25.07 and 42.07, Penal Code, as amended by this
  Act, apply 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 subsection, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         SECTION 10.  This Act takes effect September 1, 2023.