| 1 | 1 | | H.B. No. 611 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the creation of the criminal offense of unlawful |
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| 6 | 6 | | disclosure of residence address or telephone number. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 42, Penal Code, is amended by adding |
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| 9 | 9 | | Section 42.074 to read as follows: |
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| 10 | 10 | | Sec. 42.074. UNLAWFUL DISCLOSURE OF RESIDENCE ADDRESS OR |
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| 11 | 11 | | TELEPHONE NUMBER. (a) A person commits an offense if the person |
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| 12 | 12 | | posts on a publicly accessible website the residence address or |
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| 13 | 13 | | telephone number of an individual with the intent to cause harm or a |
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| 14 | 14 | | threat of harm to the individual or a member of the individual's |
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| 15 | 15 | | family or household. |
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| 16 | 16 | | (b) An offense under this section is a Class B misdemeanor, |
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| 17 | 17 | | except that the offense is a Class A misdemeanor if the offense |
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| 18 | 18 | | results in the bodily injury of: |
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| 19 | 19 | | (1) the individual whose residence address or |
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| 20 | 20 | | telephone number was posted on a publicly accessible website; or |
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| 21 | 21 | | (2) a member of the individual's family or household. |
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| 22 | 22 | | (c) This section does not apply to a public servant who |
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| 23 | 23 | | posted information described by Subsection (a) to a publicly |
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| 24 | 24 | | accessible website in the performance of the public servant's |
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| 25 | 25 | | duties as required by or in accordance with state or federal law. |
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| 26 | 26 | | (d) If conduct that constitutes an offense under this |
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| 27 | 27 | | section also constitutes an offense under Section 36.06(a-1), the |
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| 28 | 28 | | actor may be prosecuted under either section but not both. |
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| 29 | 29 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 30 | 30 | | ______________________________ ______________________________ |
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| 31 | 31 | | President of the Senate Speaker of the House |
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| 32 | 32 | | I certify that H.B. No. 611 was passed by the House on April |
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| 33 | 33 | | 25, 2023, by the following vote: Yeas 145, Nays 2, 1 present, not |
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| 34 | 34 | | voting. |
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| 35 | 35 | | ______________________________ |
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| 36 | 36 | | Chief Clerk of the House |
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| 37 | 37 | | I certify that H.B. No. 611 was passed by the Senate on May |
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| 38 | 38 | | 24, 2023, by the following vote: Yeas 30, Nays 1. |
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| 39 | 39 | | ______________________________ |
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| 40 | 40 | | Secretary of the Senate |
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| 41 | 41 | | APPROVED: _____________________ |
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| 42 | 42 | | Date |
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| 43 | 43 | | _____________________ |
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| 44 | 44 | | Governor |
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