| 1 | 1 | | 88R4741 JRR-F |
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| 2 | 2 | | By: Perry S.B. No. 269 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of the criminal offense of residential |
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| 8 | 8 | | picketing. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 42.04(a) and (c), Penal Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) If conduct that would otherwise violate Section |
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| 13 | 13 | | 42.01(a)(5) (Unreasonable Noise), 42.03 (Obstructing Passageway), |
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| 14 | 14 | | [or] 42.055 (Funeral Service Disruptions), or 42.056 (Residential |
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| 15 | 15 | | Picketing) consists of speech or other communication, of gathering |
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| 16 | 16 | | with others to hear or observe such speech or communication, or of |
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| 17 | 17 | | gathering with others to picket or otherwise express in a |
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| 18 | 18 | | nonviolent manner a position on social, economic, political, or |
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| 19 | 19 | | religious questions, the actor must be ordered to move, disperse, |
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| 20 | 20 | | or otherwise remedy the violation prior to the actor's [his] arrest |
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| 21 | 21 | | if the actor [he] has not yet intentionally harmed the interests of |
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| 22 | 22 | | others which those sections seek to protect. |
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| 23 | 23 | | (c) It is a defense to prosecution under Section |
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| 24 | 24 | | 42.01(a)(5), 42.03, [or] 42.055, or 42.056: |
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| 25 | 25 | | (1) that in circumstances in which this section |
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| 26 | 26 | | requires an order no order was given; |
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| 27 | 27 | | (2) that an order, if given, was manifestly |
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| 28 | 28 | | unreasonable in scope; or |
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| 29 | 29 | | (3) that an order, if given, was promptly obeyed. |
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| 30 | 30 | | SECTION 2. Chapter 42, Penal Code, is amended by adding |
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| 31 | 31 | | Section 42.056 to read as follows: |
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| 32 | 32 | | Sec. 42.056. RESIDENTIAL PICKETING. (a) In this section: |
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| 33 | 33 | | (1) "Dwelling" means any structure or part of a |
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| 34 | 34 | | structure that is occupied as, or designed or intended for |
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| 35 | 35 | | occupancy as, a residence by one or more individuals. |
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| 36 | 36 | | (2) "Picketing" means: |
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| 37 | 37 | | (A) standing, sitting, or repeated walking, |
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| 38 | 38 | | riding, driving, or other similar action by a person displaying or |
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| 39 | 39 | | carrying a banner, placard, or sign; |
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| 40 | 40 | | (B) engaging in loud singing, chanting, |
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| 41 | 41 | | whistling, or yelling, with or without noise amplification through |
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| 42 | 42 | | a device such as a bullhorn or microphone; or |
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| 43 | 43 | | (C) blocking access to a dwelling. |
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| 44 | 44 | | (b) A person commits an offense if the person engages in |
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| 45 | 45 | | picketing before or about the dwelling of any individual with the |
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| 46 | 46 | | intent to harass or disturb the individual in the individual's |
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| 47 | 47 | | dwelling. |
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| 48 | 48 | | (c) An offense under this section is a Class B misdemeanor. |
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| 49 | 49 | | (d) If conduct constituting an offense under this section |
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| 50 | 50 | | also constitutes an offense under another law, the actor may be |
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| 51 | 51 | | prosecuted under this section, the other law, or both. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2023. |
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