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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain criminal offenses involving |
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the unlawful disclosure of a residence address or telephone number. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 36.06(a-1) and (d), Penal Code, are |
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amended to read as follows: |
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(a-1) A person commits an offense if the person posts on a |
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publicly accessible website or discloses through an electronic |
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communication the residence address or telephone number of an |
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individual the actor knows is a public servant or a member of a |
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public servant's family or household with the intent to cause harm |
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or a threat of harm to the individual or a member of the |
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individual's family or household in retaliation for or on account |
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of the service or status of the individual as a public servant. |
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(d) For purposes of an offense under Subsection (a-1) |
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involving the posting of a residence address or telephone number on |
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a publicly accessible website, it is prima facie evidence of the |
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intent to cause harm or a threat of harm to an individual the person |
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knows is a public servant or a member of a public servant's family |
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or household if the actor: |
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(1) receives a written demand from the individual to |
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not disclose the address or telephone number for reasons of safety; |
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and |
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(2) either: |
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(A) fails to remove the address or telephone |
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number from the publicly accessible website within a period of 48 |
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hours after receiving the demand; or |
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(B) reposts the address or telephone number on |
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the same or a different publicly accessible website, or makes the |
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information publicly available through another medium, within a |
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period of four years after receiving the demand, regardless of |
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whether the individual is no longer a public servant. |
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SECTION 2. Section 36.06(b), Penal Code, is amended by |
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amending Subdivision (1) and adding Subdivision (1-a) to read as |
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follows: |
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(1) "Electronic communication" has the meaning |
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assigned by Section 42.07. |
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(1-a) "Honorably retired peace officer" means a peace |
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officer who: |
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(A) did not retire in lieu of any disciplinary |
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action; |
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(B) was eligible to retire from a law enforcement |
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agency or was ineligible to retire only as a result of an injury |
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received in the course of the officer's employment with the agency; |
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and |
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(C) is entitled to receive a pension or annuity |
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for service as a law enforcement officer or is not entitled to |
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receive a pension or annuity only because the law enforcement |
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agency that employed the officer does not offer a pension or annuity |
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to its employees. |
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SECTION 3. Section 42.074, Penal Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsection (e) to |
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read as follows: |
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(a) A person commits an offense if the person posts on a |
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publicly accessible website or discloses through an electronic |
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communication the residence address or telephone number of an |
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individual with the intent to cause harm or a threat of harm to the |
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individual or a member of the individual's family or household. |
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(b) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if the offense |
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results in the bodily injury of: |
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(1) the individual whose residence address or |
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telephone number was posted on a publicly accessible website or |
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disclosed through an electronic communication; or |
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(2) a member of the individual's family or household. |
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(c) This section does not apply to a public servant who |
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posted information described by Subsection (a) to a publicly |
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accessible website or disclosed that information through an |
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electronic communication in the performance of the public servant's |
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duties as required by or in accordance with state or federal law. |
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(e) In this section, "electronic communication" has the |
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meaning assigned by Section 42.07. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2025. |