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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of harassing, |
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intimidating, or threatening another person while concealing |
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identity with a mask or other headgear. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Penal Code, is amended by adding |
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Section 42.16 to read as follows: |
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Sec. 42.16. HARASSING, INTIMIDATING, OR THREATENING PERSON |
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WHILE CONCEALING IDENTITY WITH MASK OR OTHER HEADGEAR. (a) In this |
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section: |
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(1) "Harass" means to engage in a pattern of conduct |
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directed at a particular person or group of persons that is intended |
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to cause the person or group to: |
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(A) fear for the person's or group's safety; or |
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(B) experience substantial emotional distress. |
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(2) "Intimidate" means to engage in conduct that is |
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intended to cause another person or group of persons, out of fear |
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for the person's or group's safety, to take, or refrain from taking, |
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certain actions. |
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(3) "Mask or other headgear" means any article or |
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device worn on a person's head that tends to conceal the identity |
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of, or substantially increase the difficulty in identifying, the |
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person wearing the article or device. |
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(4) "Threaten" means to communicate a clear intention |
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to cause imminent bodily injury or death to a person. |
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(b) A person commits an offense if the person, while wearing |
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a mask or other headgear for the purpose of concealing the identity |
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of the person or substantially increasing the difficulty in |
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identifying the person, intentionally harasses, intimidates, or |
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threatens another person or group of persons in a public place. |
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(c) An offense under this section is a Class B misdemeanor. |
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(d) It is an affirmative defense to prosecution under this |
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section that the mask or other headgear is worn primarily: |
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(1) to celebrate a holiday or participate in a |
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celebration at which a mask or other headgear is commonly worn, |
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including Halloween or a masquerade ball; |
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(2) to ensure physical safety while engaged in an |
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occupation, trade, or profession; |
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(3) to ensure protection from the weather or while |
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participating in a winter sport; |
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(4) for purposes of a theatrical production or other |
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artistic endeavor; |
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(5) for purposes of ensuring safety during an |
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emergency, including while participating in an emergency drill; |
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(6) to protect a person's health or ensure that the |
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person does not spread illness; or |
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(7) for any religious purpose. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or both sections. |
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SECTION 2. This Act takes effect September 1, 2025. |
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