Texas 2025 - 89th Regular

Texas House Bill HB368 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R296 JSC-D
2		-	By: Landgraf, Hull~~, Howard~~ H.B. No. 368
	2	+	By: Landgraf, Hull H.B. No. 368
3	3
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7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to a prohibition on remotely controlling electronic
10	10		devices of certain individuals and to the criminal prosecution of
11	11		that conduct.
12	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13		SECTION 1. Article 7B.005(a), Code of Criminal Procedure,
14	14		is amended to read as follows:
15	15		(a) In a protective order issued under this subchapter, the
16	16		court may:
17	17		(1) order the alleged offender to take action as
18	18		specified by the court that the court determines is necessary or
19	19		appropriate to prevent or reduce the likelihood of future harm to
20	20		the applicant or a member of the applicant's family or household; or
21	21		(2) prohibit the alleged offender from:
22	22		(A) communicating:
23	23		(i) directly or indirectly with the
24	24		applicant or any member of the applicant's family or household in a
25	25		threatening or harassing manner; or
26	26		(ii) in any manner with the applicant or any
27	27		member of the applicant's family or household except through the
28	28		applicant's attorney or a person appointed by the court, if the
29	29		court finds good cause for the prohibition;
30	30		(B) going to or near the residence, place of
31	31		employment or business, or child-care facility or school of the
32	32		applicant or any member of the applicant's family or household;
33	33		(C) engaging in conduct directed specifically
34	34		toward the applicant or any member of the applicant's family or
35	35		household, including following the person, that is reasonably
36	36		likely to harass, annoy, alarm, abuse, torment, or embarrass the
37	37		person;
38	38		(D) possessing a firearm, unless the alleged
39	39		offender is a peace officer, as defined by Section 1.07, Penal Code,
40	40		actively engaged in employment as a sworn, full-time paid employee
41	41		of a state agency or political subdivision; [and]
42	42		(E) tracking or monitoring personal property or a
43	43		motor vehicle in the possession of the applicant or of a member of
44	44		the applicant's family or household, without the applicant's
45	45		effective consent, including by:
46	46		(i) using a tracking application on a
47	47		personal electronic device in the possession of the applicant or
48	48		the family or household member or using a tracking device; or
49	49		(ii) physically following the applicant or
50	50		the family or household member or causing another to physically
51	51		follow the applicant or member; and
52	52		(F) remotely controlling an electronic device
53	53		affecting the residence, vehicle, or property of:
54	54		(i) the applicant; or
55	55		(ii) a member of the applicant's family or
56	56		household.
57	57		SECTION 2. Article 17.292(c), Code of Criminal Procedure,
58	58		is amended to read as follows:
59	59		(c) The magistrate in the order for emergency protection may
60	60		prohibit the arrested party from:
61	61		(1) committing:
62	62		(A) family violence or an assault on the person
63	63		protected under the order; or
64	64		(B) an act in furtherance of an offense under
65	65		Section 20A.02 or 42.072, Penal Code;
66	66		(2) communicating:
67	67		(A) directly with a member of the family or
68	68		household or with the person protected under the order in a
69	69		threatening or harassing manner;
70	70		(B) a threat through any person to a member of the
71	71		family or household or to the person protected under the order; or
72	72		(C) if the magistrate finds good cause, in any
73	73		manner with a person protected under the order or a member of the
74	74		family or household of a person protected under the order, except
75	75		through the party's attorney or a person appointed by the court;
76	76		(3) going to or near:
77	77		(A) the residence, place of employment, or
78	78		business of a member of the family or household or of the person
79	79		protected under the order; or
80	80		(B) the residence, child care facility, or school
81	81		where a child protected under the order resides or attends;
82	82		(4) possessing a firearm, unless the person is a peace
83	83		officer, as defined by Section 1.07, Penal Code, actively engaged
84	84		in employment as a sworn, full-time paid employee of a state agency
85	85		or political subdivision; [or]
86	86		(5) tracking or monitoring personal property or a
87	87		motor vehicle in the possession of the person protected under the
88	88		order or of a member of the family or household of the person
89	89		protected under the order, without the protected person's effective
90	90		consent, including by:
91	91		(A) using a tracking application on a personal
92	92		electronic device in the possession of the person or the family or
93	93		household member or using a tracking device; or
94	94		(B) physically following the person or the family
95	95		or household member or causing another to physically follow the
96	96		person or member; or
97	97		(6) remotely controlling an electronic device
98	98		affecting the residence, vehicle, or property of:
99	99		(A) the person protected under the order; or
100	100		(B) a member of the family or household of the
101	101		person protected under the order.
102	102		SECTION 3. Article 17.49(b), Code of Criminal Procedure, is
103	103		amended to read as follows:
104	104		(b) A magistrate may require as a condition of release on
105	105		bond that a defendant charged with an offense involving family
106	106		violence:
107	107		(1) refrain from going to or near a residence, school,
108	108		place of employment, or other location, as specifically described
109	109		in the bond, frequented by an alleged victim of the offense;
110	110		(2) carry or wear a global positioning monitoring
111	111		system device and, except as provided by Subsection (h), pay a
112	112		reimbursement fee for the costs associated with operating that
113	113		system in relation to the defendant;
114	114		(3) except as provided by Subsection (h), if the
115	115		alleged victim of the offense consents after receiving the
116	116		information described by Subsection (d), pay a reimbursement fee
117	117		for the costs associated with providing the victim with an
118	118		electronic receptor device that:
119	119		(A) is capable of receiving the global
120	120		positioning monitoring system information from the device carried
121	121		or worn by the defendant; and
122	122		(B) notifies the victim if the defendant is at or
123	123		near a location that the defendant has been ordered to refrain from
124	124		going to or near under Subdivision (1); [or]
125	125		(4) refrain from tracking or monitoring personal
126	126		property or a motor vehicle in the possession of the alleged victim
127	127		of the offense, without the victim's effective consent, including
128	128		by:
129	129		(A) using a tracking application on a personal
130	130		electronic device in the possession of the victim or using a
131	131		tracking device; or
132	132		(B) physically following the victim or causing
133	133		another to physically follow the victim; or
134	134		(5) refrain from remotely controlling an electronic
135	135		device affecting the residence, vehicle, or property of the alleged
136	136		victim of the offense.
137	137		SECTION 4. Section 6.501(a), Family Code, is amended to
138	138		read as follows:
139	139		(a) After the filing of a suit for dissolution of a
140	140		marriage, on the motion of a party or on the court's own motion, the
141	141		court may grant a temporary restraining order without notice to the
142	142		adverse party for the preservation of the property and for the
143	143		protection of the parties as necessary, including an order
144	144		prohibiting one or both parties from:
145	145		(1) intentionally communicating in person or in any
146	146		other manner, including by telephone or another electronic voice
147	147		transmission, video chat, in writing, or electronic messaging, with
148	148		the other party by use of vulgar, profane, obscene, or indecent
149	149		language or in a coarse or offensive manner, with intent to annoy or
150	150		alarm the other party;
151	151		(2) threatening the other party in person or in any
152	152		other manner, including by telephone or another electronic voice
153	153		transmission, video chat, in writing, or electronic messaging, to
154	154		take unlawful action against any person, intending by this action
155	155		to annoy or alarm the other party;
156	156		(3) placing a telephone call, anonymously, at an
157	157		unreasonable hour, in an offensive and repetitious manner, or
158	158		without a legitimate purpose of communication with the intent to
159	159		annoy or alarm the other party;
160	160		(4) intentionally, knowingly, or recklessly causing
161	161		bodily injury to the other party or to a child of either party;
162	162		(5) threatening the other party or a child of either
163	163		party with imminent bodily injury;
164	164		(6) intentionally, knowingly, or recklessly
165	165		destroying, removing, concealing, encumbering, transferring, or
166	166		otherwise harming or reducing the value of the property of the
167	167		parties or either party with intent to obstruct the authority of the
168	168		court to order a division of the estate of the parties in a manner
169	169		that the court deems just and right, having due regard for the
170	170		rights of each party and any children of the marriage;
171	171		(7) intentionally falsifying a writing or record,
172	172		including an electronic record, relating to the property of either
173	173		party;
174	174		(8) intentionally misrepresenting or refusing to
175	175		disclose to the other party or to the court, on proper request, the
176	176		existence, amount, or location of any tangible or intellectual
177	177		property of the parties or either party, including electronically
178	178		stored or recorded information;
179	179		(9) intentionally or knowingly damaging or destroying
180	180		the tangible or intellectual property of the parties or either
181	181		party, including electronically stored or recorded information;
182	182		(10) intentionally or knowingly tampering with the
183	183		tangible or intellectual property of the parties or either party,
184	184		including electronically stored or recorded information, and
185	185		causing pecuniary loss or substantial inconvenience to the other
186	186		party;
187	187		(11) except as specifically authorized by the court:
188	188		(A) selling, transferring, assigning,
189	189		mortgaging, encumbering, or in any other manner alienating any of
190	190		the property of the parties or either party, regardless of whether
191	191		the property is:
192	192		(i) personal property, real property, or
193	193		intellectual property; or
194	194		(ii) separate or community property;
195	195		(B) incurring any debt, other than legal expenses
196	196		in connection with the suit for dissolution of marriage;
197	197		(C) withdrawing money from any checking or
198	198		savings account in a financial institution for any purpose;
199	199		(D) spending any money in either party's
200	200		possession or subject to either party's control for any purpose;
201	201		(E) withdrawing or borrowing money in any manner
202	202		for any purpose from a retirement, profit sharing, pension, death,
203	203		or other employee benefit plan, employee savings plan, individual
204	204		retirement account, or Keogh account of either party; or
205	205		(F) withdrawing or borrowing in any manner all or
206	206		any part of the cash surrender value of a life insurance policy on
207	207		the life of either party or a child of the parties;
208	208		(12) entering any safe deposit box in the name of or
209	209		subject to the control of the parties or either party, whether
210	210		individually or jointly with others;
211	211		(13) changing or in any manner altering the
212	212		beneficiary designation on any life insurance policy on the life of
213	213		either party or a child of the parties;
214	214		(14) canceling, altering, failing to renew or pay
215	215		premiums on, or in any manner affecting the level of coverage that
216	216		existed at the time the suit was filed of, any life, casualty,
217	217		automobile, or health insurance policy insuring the parties'
218	218		property or persons, including a child of the parties;
219	219		(15) opening or diverting mail or e-mail or any other
220	220		electronic communication addressed to the other party;
221	221		(16) signing or endorsing the other party's name on any
222	222		negotiable instrument, check, or draft, including a tax refund,
223	223		insurance payment, and dividend, or attempting to negotiate any
224	224		negotiable instrument payable to the other party without the
225	225		personal signature of the other party;
226	226		(17) taking any action to terminate or limit credit or
227	227		charge credit cards in the name of the other party;
228	228		(18) discontinuing or reducing the withholding for
229	229		federal income taxes from either party's wages or salary;
230	230		(19) destroying, disposing of, or altering any
231	231		financial records of the parties, including a canceled check,
232	232		deposit slip, and other records from a financial institution, a
233	233		record of credit purchases or cash advances, a tax return, and a
234	234		financial statement;
235	235		(20) destroying, disposing of, or altering any e-mail,
236	236		text message, video message, or chat message or other electronic
237	237		data or electronically stored information relevant to the subject
238	238		matter of the suit for dissolution of marriage, regardless of
239	239		whether the information is stored on a hard drive, in a removable
240	240		storage device, in cloud storage, or in another electronic storage
241	241		medium;
242	242		(21) modifying, changing, or altering the native
243	243		format or metadata of any electronic data or electronically stored
244	244		information relevant to the subject matter of the suit for
245	245		dissolution of marriage, regardless of whether the information is
246	246		stored on a hard drive, in a removable storage device, in cloud
247	247		storage, or in another electronic storage medium;
248	248		(22) deleting any data or content from any social
249	249		network profile used or created by either party or a child of the
250	250		parties;
251	251		(23) using any password or personal identification
252	252		number to gain access to the other party's e-mail account, bank
253	253		account, social media account, or any other electronic account;
254	254		(24) terminating or in any manner affecting the
255	255		service of water, electricity, gas, telephone, cable television, or
256	256		any other contractual service, including security, pest control,
257	257		landscaping, or yard maintenance at the residence of either party,
258	258		or in any manner attempting to withdraw any deposit paid in
259	259		connection with any of those services;
260	260		(25) excluding the other party from the use and
261	261		enjoyment of a specifically identified residence of the other
262	262		party;
263	263		(26) entering, operating, or exercising control over a
264	264		motor vehicle in the possession of the other party; [or]
265	265		(27) tracking or monitoring personal property or a
266	266		motor vehicle in the possession of a party, without that party's
267	267		effective consent, including by:
268	268		(A) using a tracking application on a personal
269	269		electronic device in the possession of that party or using a
270	270		tracking device; or
271	271		(B) physically following that party or causing
272	272		another to physically follow that party; or
273	273		(28) remotely controlling an electronic device
274	274		affecting the residence, vehicle, or property of a party.
275	275		SECTION 5. Section 85.021, Family Code, is amended to read
276	276		as follows:
277	277		Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY
278	278		PARTY. In a protective order, the court may:
279	279		(1) prohibit a party from:
280	280		(A) removing a child who is a member of the family
281	281		or household from:
282	282		(i) the possession of a person named in the
283	283		order; or
284	284		(ii) the jurisdiction of the court;
285	285		(B) transferring, encumbering, or otherwise
286	286		disposing of property, other than in the ordinary course of
287	287		business, that is mutually owned or leased by the parties; [or]
288	288		(C) removing a pet, companion animal, or
289	289		assistance animal, as defined by Section 121.002, Human Resources
290	290		Code, from the possession or actual or constructive care of a person
291	291		named in the order; or
292	292		(D) remotely controlling an electronic device
293	293		affecting the residence, vehicle, or property of a person named in
294	294		the order;
295	295		(2) grant exclusive possession of a residence to a
296	296		party and, if appropriate, direct one or more parties to vacate the
297	297		residence if the residence:
298	298		(A) is jointly owned or leased by the party
299	299		receiving exclusive possession and a party being denied possession;
300	300		(B) is owned or leased by the party retaining
301	301		possession; or
302	302		(C) is owned or leased by the party being denied
303	303		possession and that party has an obligation to support the party or
304	304		a child of the party granted possession of the residence;
305	305		(3) provide for the possession of and access to a child
306	306		of a party if the person receiving possession of or access to the
307	307		child is a parent of the child;
308	308		(4) require the payment of support for a party or for a
309	309		child of a party if the person required to make the payment has an
310	310		obligation to support the other party or the child; or
311	311		(5) award to a party the use and possession of
312	312		specified property that is community property or jointly owned or
313	313		leased property.
314	314		SECTION 6. Section 85.022(b), Family Code, is amended to
315	315		read as follows:
316	316		(b) In a protective order, the court may prohibit the person
317	317		found to have committed family violence from:
318	318		(1) committing family violence;
319	319		(2) communicating:
320	320		(A) directly with a person protected by an order
321	321		or a member of the family or household of a person protected by an
322	322		order, in a threatening or harassing manner;
323	323		(B) a threat through any person to a person
324	324		protected by an order or a member of the family or household of a
325	325		person protected by an order; and
326	326		(C) if the court finds good cause, in any manner
327	327		with a person protected by an order or a member of the family or
328	328		household of a person protected by an order, except through the
329	329		party's attorney or a person appointed by the court;
330	330		(3) going to or near the residence or place of
331	331		employment or business of a person protected by an order or a member
332	332		of the family or household of a person protected by an order;
333	333		(4) going to or near the residence, child-care
334	334		facility, or school a child protected under the order normally
335	335		attends or in which the child normally resides;
336	336		(5) engaging in conduct directed specifically toward a
337	337		person who is a person protected by an order or a member of the
338	338		family or household of a person protected by an order, including
339	339		following the person, that is reasonably likely to harass, annoy,
340	340		alarm, abuse, torment, or embarrass the person;
341	341		(6) possessing a firearm, unless the person is a peace
342	342		officer, as defined by Section 1.07, Penal Code, actively engaged
343	343		in employment as a sworn, full-time paid employee of a state agency
344	344		or political subdivision;
345	345		(7) harming, threatening, or interfering with the
346	346		care, custody, or control of a pet, companion animal, or assistance
347	347		animal, as defined by Section 121.002, Human Resources Code, that
348	348		is possessed by or is in the actual or constructive care of a person
349	349		protected by an order or by a member of the family or household of a
350	350		person protected by an order; [and]
351	351		(8) tracking or monitoring personal property or a
352	352		motor vehicle in the possession of a person protected by an order or
353	353		of a member of the family or household of a person protected by an
354	354		order, without the person's effective consent, including by:
355	355		(A) using a tracking application on a personal
356	356		electronic device in the possession of the person or the family or
357	357		household member or using a tracking device; or
358	358		(B) physically following the person or the family
359	359		or household member or causing another to physically follow the
360	360		person or member; and
361	361		(9) remotely controlling an electronic device
362	362		affecting the residence, vehicle, or property of:
363	363		(A) a person protected by an order; or
364	364		(B) a member of the family or household of a
365	365		person protected by an order.
366	366		SECTION 7. Section 25.07(a), Penal Code, is amended to read
367	367		as follows:
368	368		(a) A person commits an offense if, in violation of a
369	369		condition of bond set in a family violence, sexual assault or abuse,
370	370		indecent assault, stalking, or trafficking case and related to the
371	371		safety of a victim or the safety of the community, an order issued
372	372		under Subchapter A, Chapter 7B, Code of Criminal Procedure, an
373	373		order issued under Article 17.292, Code of Criminal Procedure, an
374	374		order issued under Section 6.504, Family Code, Chapter 83, Family
375	375		Code, if the temporary ex parte order has been served on the person,
376	376		Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code,
377	377		or an order issued by another jurisdiction as provided by Chapter
378	378		88, Family Code, the person knowingly or intentionally:
379	379		(1) commits family violence or an act in furtherance
380	380		of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
381	381		42.072;
382	382		(2) communicates:
383	383		(A) directly with a protected individual or a
384	384		member of the family or household in a threatening or harassing
385	385		manner;
386	386		(B) a threat through any person to a protected
387	387		individual or a member of the family or household; or
388	388		(C) in any manner with the protected individual
389	389		or a member of the family or household except through the person's
390	390		attorney or a person appointed by the court, if the violation is of
391	391		an order described by this subsection and the order prohibits any
392	392		communication with a protected individual or a member of the family
393	393		or household;
394	394		(3) goes to or near any of the following places as
395	395		specifically described in the order or condition of bond:
396	396		(A) the residence or place of employment or
397	397		business of a protected individual or a member of the family or
398	398		household; or
399	399		(B) any child care facility, residence, or school
400	400		where a child protected by the order or condition of bond normally
401	401		resides or attends;
402	402		(4) possesses a firearm;
403	403		(5) harms, threatens, or interferes with the care,
404	404		custody, or control of a pet, companion animal, or assistance
405	405		animal that is possessed by a person protected by the order or
406	406		condition of bond;
407	407		(6) removes, attempts to remove, or otherwise tampers
408	408		with the normal functioning of a global positioning monitoring
409	409		system; [or]
410	410		(7) tracks or monitors personal property or a motor
411	411		vehicle in the possession of a protected individual or of a member
412	412		of the family or household of a protected individual, without the
413	413		individual's effective consent, including by:
414	414		(A) using a tracking application on a personal
415	415		electronic device in the possession of the protected individual or
416	416		the family or household member or using a tracking device; or
417	417		(B) physically following the protected
418	418		individual or family or household member or causing another to
419	419		physically follow the individual or member; or
420	420		(8) remotely controls an electronic device affecting
421	421		the residence, vehicle, or property of:
422	422		(A) a protected individual; or
423	423		(B) a member of the family or household of a
424	424		protected individual.
425	425		SECTION 8. Section 42.07(a), Penal Code, as amended by
426	426		Chapters 839 (H.B. 2715) and 1118 (H.B. 1427), Acts of the 88th
427	427		Legislature, Regular Session, 2023, is reenacted and amended to
428	428		read as follows:
429	429		(a) A person commits an offense if, with intent to harass,
430	430		annoy, alarm, abuse, torment, or embarrass another, the person:
431	431		(1) initiates communication and in the course of the
432	432		communication makes a comment, request, suggestion, or proposal
433	433		that is obscene;
434	434		(2) threatens, in a manner reasonably likely to alarm
435	435		the person receiving the threat, to inflict bodily injury on the
436	436		person or to commit a felony against the person, a member of the
437	437		person's family or household, or the person's property;
438	438		(3) conveys, in a manner reasonably likely to alarm
439	439		the person receiving the report, a false report, which is known by
440	440		the conveyor to be false, that another person has suffered death or
441	441		serious bodily injury;
442	442		(4) causes the telephone of another to ring repeatedly
443	443		or makes repeated telephone communications anonymously or in a
444	444		manner reasonably likely to harass, annoy, alarm, abuse, torment,
445	445		embarrass, or offend another;
446	446		(5) makes a telephone call and intentionally fails to
447	447		hang up or disengage the connection;
448	448		(6) knowingly permits a telephone under the person's
449	449		control to be used by another to commit an offense under this
450	450		section;
451	451		(7) sends repeated electronic communications in a
452	452		manner reasonably likely to harass, annoy, alarm, abuse, torment,
453	453		embarrass, or offend another;
454	454		(8) publishes on an Internet website, including a
455	455		social media platform, repeated electronic communications in a
456	456		manner reasonably likely to cause emotional distress, abuse, or
457	457		torment to another person, unless the communications are made in
458	458		connection with a matter of public concern; [or]
459	459		(9) tracks or monitors the personal property or motor
460	460		vehicle of another person, without the other person's effective
461	461		consent, including by:
462	462		(A) using a tracking application on the person's
463	463		personal electronic device or using a tracking device; or
464	464		(B) physically following the other person or
465	465		causing any person to physically follow the other person;
466	466		(10) [(9)] makes obscene, intimidating, or
467	467		threatening telephone calls or other electronic communications
468	468		from a temporary or disposable telephone number provided by an
469	469		Internet application or other technological means; or
470	470		(11) remotely controls an electronic device affecting
471	471		the residence, vehicle, or property of the other person.
472	472		SECTION 9. (a) Article 7B.005, Code of Criminal Procedure,
473	473		as amended by this Act, and Sections 6.501, 85.021, and 85.022,
474	474		Family Code, as amended by this Act, apply only to a protective
475	475		order or temporary restraining order rendered on or after the
476	476		effective date of this Act. A protective order or temporary
477	477		restraining order rendered before the effective date of this Act is
478	478		governed by the law in effect on the date the order was rendered,
479	479		and the former law is continued in effect for that purpose.
480	480		(b) Article 17.292, Code of Criminal Procedure, as amended
481	481		by this Act, applies only to a magistrate's order for emergency
482	482		protection entered on or after the effective date of this Act. A
483	483		magistrate's order for emergency protection entered before the
484	484		effective date of this Act is governed by the law in effect on the
485	485		date the order was entered, and the former law is continued in
486	486		effect for that purpose.
487	487		(c) Article 17.49, Code of Criminal Procedure, as amended by
488	488		this Act, applies only to a defendant released on bond in connection
489	489		with an offense committed on or after the effective date of this
490	490		Act. A defendant released on bond in connection with an offense
491	491		committed before the effective date of this Act is governed by the
492	492		law in effect when the offense was committed, and the former law is
493	493		continued in effect for that purpose. For purposes of this
494	494		subsection, an offense was committed before the effective date of
495	495		this Act if any element of the offense occurred before that date.
496	496		(d) Sections 25.07 and 42.07, Penal Code, as amended by this
497	497		Act, apply only to an offense committed on or after the effective
498	498		date of this Act. An offense committed before the effective date of
499	499		this Act is governed by the law in effect on the date the offense was
500	500		committed, and the former law is continued in effect for that
501	501		purpose. For purposes of this subsection, an offense was committed
502	502		before the effective date of this Act if any element of the offense
503	503		occurred before that date.
504	504		SECTION 10. To the extent of any conflict, this Act prevails
505	505		over another Act of the 89th Legislature, Regular Session, 2025,
506	506		relating to nonsubstantive additions to and corrections in enacted
507	507		codes.
508	508		SECTION 11. This Act takes effect September 1, 2025.