BILL ANALYSIS

H.B. 5238

By: Lopez, Ray

Delivery of Government Efficiency

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current state law, it is illegal to obstruct or interfere with a lawful meeting, procession, or gathering by physical action or a verbal utterance. However, the law does not adequately address disruptions of events that occur in virtual or hybrid settings. The bill author has informed the committee that, as virtual events have become increasingly common and as public and governmental bodies continue to rely on virtual platforms for meetings and events, there have been instances of individuals intentionally disrupting virtual proceedings through electronic interference, including hacking or accessing these proceedings without authorization. H.B. 5238 seeks to provide law enforcement officers and prosecutors with clearer authority to act in cases where digital disruptions impede lawful proceedings.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 5238 amends the Penal Code to do the following regarding the offense of disrupting a lawful meeting, procession, or gathering:

· clarifies that the conduct constituting the offense applies whether the event is in person or virtual; and

· expands the conduct constituting the offense to include intentionally obstructing or interfering with the event by electronic disturbance, including hacking, of any virtual component of the event.

The bill applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date 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 these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.

EFFECTIVE DATE

September 1, 2025.