1 | 1 | | 89R12827 MEW/RDR-D |
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2 | 2 | | By: McLaughlin H.B. No. 4416 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to disorderly or threatening behavior and measures by |
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10 | 10 | | public schools and institutions of higher education to prevent that |
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11 | 11 | | behavior; increasing criminal penalties; creating a criminal |
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12 | 12 | | offense. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Subchapter Z, Chapter 29, Education Code, is |
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15 | 15 | | amended by adding Section 29.932 to read as follows: |
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16 | 16 | | Sec. 29.932. GENERAL AWARENESS CAMPAIGN REGARDING |
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17 | 17 | | CONSEQUENCES OF ENGAGING IN DISORDERLY OR THREATENING BEHAVIOR. |
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18 | 18 | | (a) In this section, "doxing" means to intentionally post on a |
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19 | 19 | | publicly accessible website the private, sensitive, or identifying |
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20 | 20 | | information of a person: |
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21 | 21 | | (1) without the person's consent; and |
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22 | 22 | | (2) with the intent to incite violence against or |
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23 | 23 | | otherwise harass or intimidate the person. |
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24 | 24 | | (b) A school district or open-enrollment charter school |
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25 | 25 | | shall develop and implement an annual comprehensive prevention and |
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26 | 26 | | outreach program for students on the consequences of engaging in |
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27 | 27 | | disorderly or threatening behavior, including the consequences of |
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28 | 28 | | doxing a person or engaging in conduct that otherwise constitutes a |
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29 | 29 | | criminal offense under Section 22.07, 42.06, 42.0601, 42.074, or |
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30 | 30 | | 46.08, Penal Code. The program must include: |
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31 | 31 | | (1) a general awareness campaign; and |
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32 | 32 | | (2) the provision of information to students and |
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33 | 33 | | parents or guardians of students regarding: |
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34 | 34 | | (A) responsible online behavior; and |
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35 | 35 | | (B) procedures for reporting suspicious activity |
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36 | 36 | | involving disorderly or threatening behavior. |
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37 | 37 | | SECTION 2. Subchapter C, Chapter 37, Education Code, is |
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38 | 38 | | amended by adding Section 37.091 to read as follows: |
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39 | 39 | | Sec. 37.091. PARENTAL NOTIFICATION REGARDING STUDENT |
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40 | 40 | | CONDUCT INVOLVING DISORDERLY OR THREATENING BEHAVIOR. A school |
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41 | 41 | | district or open-enrollment charter school shall immediately |
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42 | 42 | | notify a student's parent or guardian if the student is alleged to |
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43 | 43 | | have engaged in conduct that contains the elements of an offense |
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44 | 44 | | under Section 22.07, 42.06, 42.0601, 42.074, or 46.08, Penal Code. |
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45 | 45 | | SECTION 3. Subchapter Z, Chapter 51, Education Code, is |
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46 | 46 | | amended by adding Section 51.992 to read as follows: |
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47 | 47 | | Sec. 51.992. GENERAL AWARENESS CAMPAIGN REGARDING |
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48 | 48 | | CONSEQUENCES OF ENGAGING IN DISORDERLY OR THREATENING BEHAVIOR. |
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49 | 49 | | (a) In this section: |
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50 | 50 | | (1) "Doxing" means to intentionally post on a publicly |
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51 | 51 | | accessible website the private, sensitive, or identifying |
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52 | 52 | | information of a person: |
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53 | 53 | | (A) without the person's consent; and |
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54 | 54 | | (B) with the intent to incite violence against or |
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55 | 55 | | otherwise harass or intimidate the person. |
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56 | 56 | | (2) "Institution of higher education" has the meaning |
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57 | 57 | | assigned by Section 61.003. |
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58 | 58 | | (b) Each institution of higher education shall develop and |
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59 | 59 | | implement an annual comprehensive prevention and outreach program |
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60 | 60 | | for students on the consequences of engaging in disorderly or |
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61 | 61 | | threatening behavior, including the consequences of doxing a person |
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62 | 62 | | or engaging in conduct that otherwise constitutes a criminal |
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63 | 63 | | offense under Section 22.07, 42.06, 42.0601, 42.074, or 46.08, |
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64 | 64 | | Penal Code. The program must include: |
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65 | 65 | | (1) a general awareness campaign; and |
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66 | 66 | | (2) the provision of information to students |
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67 | 67 | | regarding: |
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68 | 68 | | (A) responsible online behavior; and |
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69 | 69 | | (B) procedures for reporting suspicious activity |
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70 | 70 | | involving disorderly or threatening behavior. |
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71 | 71 | | SECTION 4. Section 22.07(c-1), Penal Code, is amended to |
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72 | 72 | | read as follows: |
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73 | 73 | | (c-1) Notwithstanding Subsection (c) [(c)(2)], an offense |
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74 | 74 | | under Subsection (a)(2) is a state jail felony if the offense is |
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75 | 75 | | committed against a person the actor knows is: |
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76 | 76 | | (1) a peace officer or judge; or |
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77 | 77 | | (2) an employee or student of a public or private |
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78 | 78 | | primary or secondary school or postsecondary educational |
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79 | 79 | | institution. |
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80 | 80 | | SECTION 5. Section 42.074(b), Penal Code, is amended to |
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81 | 81 | | read as follows: |
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82 | 82 | | (b) An offense under this section is a Class B misdemeanor, |
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83 | 83 | | except that the offense is: |
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84 | 84 | | (1) a Class A misdemeanor if the offense results in the |
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85 | 85 | | bodily injury of: |
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86 | 86 | | (A) [(1)] the individual whose residence address |
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87 | 87 | | or telephone number was posted on a publicly accessible website; or |
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88 | 88 | | (B) [(2)] a member of the individual's family or |
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89 | 89 | | household; or |
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90 | 90 | | (2) a state jail felony if the individual whose |
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91 | 91 | | residence address or telephone number was posted on a publicly |
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92 | 92 | | accessible website is an employee or student of a public or private |
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93 | 93 | | primary or secondary school or postsecondary educational |
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94 | 94 | | institution. |
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95 | 95 | | SECTION 6. Chapter 42, Penal Code, is amended by adding |
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96 | 96 | | Section 42.0745 to read as follows: |
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97 | 97 | | Sec. 42.0745. PARENTAL FAILURE TO STOP UNLAWFUL DISCLOSURE |
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98 | 98 | | OF RESIDENCE ADDRESS OR TELEPHONE NUMBER. (a) In this section, |
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99 | 99 | | "child" means a person younger than 18 years of age. |
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100 | 100 | | (b) A parent or legal guardian of a child commits an offense |
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101 | 101 | | if the actor: |
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102 | 102 | | (1) observes or otherwise has knowledge of the child |
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103 | 103 | | engaging in conduct constituting an offense under Section 42.074; |
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104 | 104 | | and |
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105 | 105 | | (2) fails to take reasonable steps to stop the child |
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106 | 106 | | from engaging in the conduct. |
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107 | 107 | | (c) An offense under this section is a Class B misdemeanor, |
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108 | 108 | | except that the offense is a Class A misdemeanor if the offense |
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109 | 109 | | results in the bodily injury of: |
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110 | 110 | | (1) the individual whose residence address or |
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111 | 111 | | telephone number was posted on a publicly accessible website; or |
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112 | 112 | | (2) a member of the individual's family or household. |
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113 | 113 | | SECTION 7. Section 46.08(b), Penal Code, is amended to read |
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114 | 114 | | as follows: |
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115 | 115 | | (b) An offense under this section is a Class A misdemeanor, |
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116 | 116 | | except that the offense is a state jail felony if the actor intends |
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117 | 117 | | to use the hoax bomb on the premises, grounds, or campus of a public |
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118 | 118 | | or private primary or secondary school or postsecondary educational |
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119 | 119 | | institution. |
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120 | 120 | | SECTION 8. Section 29.932, Education Code, as added by this |
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121 | 121 | | Act, applies beginning with the 2025-2026 school year. |
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122 | 122 | | SECTION 9. Section 51.992, Education Code, as added by this |
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123 | 123 | | Act, applies beginning with the 2025-2026 academic year. |
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124 | 124 | | SECTION 10. Sections 22.07, 42.074, and 46.08, Penal Code, |
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125 | 125 | | as amended by this Act, apply only to an offense committed on or |
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126 | 126 | | after the effective date of this Act. An offense committed before |
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127 | 127 | | the effective date of this Act is governed by the law in effect on |
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128 | 128 | | the date the offense was committed, and the former law is continued |
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129 | 129 | | in effect for that purpose. For purposes of this section, an |
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130 | 130 | | offense was committed before the effective date of this Act if any |
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131 | 131 | | element of the offense occurred before that date. |
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132 | 132 | | SECTION 11. This Act takes effect September 1, 2025. |
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