Texas 2025 - 89th Regular

Texas House Bill HB4416 Compare Versions

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11 89R12827 MEW/RDR-D
22 By: McLaughlin H.B. No. 4416
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to disorderly or threatening behavior and measures by
1010 public schools and institutions of higher education to prevent that
1111 behavior; increasing criminal penalties; creating a criminal
1212 offense.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subchapter Z, Chapter 29, Education Code, is
1515 amended by adding Section 29.932 to read as follows:
1616 Sec. 29.932. GENERAL AWARENESS CAMPAIGN REGARDING
1717 CONSEQUENCES OF ENGAGING IN DISORDERLY OR THREATENING BEHAVIOR.
1818 (a) In this section, "doxing" means to intentionally post on a
1919 publicly accessible website the private, sensitive, or identifying
2020 information of a person:
2121 (1) without the person's consent; and
2222 (2) with the intent to incite violence against or
2323 otherwise harass or intimidate the person.
2424 (b) A school district or open-enrollment charter school
2525 shall develop and implement an annual comprehensive prevention and
2626 outreach program for students on the consequences of engaging in
2727 disorderly or threatening behavior, including the consequences of
2828 doxing a person or engaging in conduct that otherwise constitutes a
2929 criminal offense under Section 22.07, 42.06, 42.0601, 42.074, or
3030 46.08, Penal Code. The program must include:
3131 (1) a general awareness campaign; and
3232 (2) the provision of information to students and
3333 parents or guardians of students regarding:
3434 (A) responsible online behavior; and
3535 (B) procedures for reporting suspicious activity
3636 involving disorderly or threatening behavior.
3737 SECTION 2. Subchapter C, Chapter 37, Education Code, is
3838 amended by adding Section 37.091 to read as follows:
3939 Sec. 37.091. PARENTAL NOTIFICATION REGARDING STUDENT
4040 CONDUCT INVOLVING DISORDERLY OR THREATENING BEHAVIOR. A school
4141 district or open-enrollment charter school shall immediately
4242 notify a student's parent or guardian if the student is alleged to
4343 have engaged in conduct that contains the elements of an offense
4444 under Section 22.07, 42.06, 42.0601, 42.074, or 46.08, Penal Code.
4545 SECTION 3. Subchapter Z, Chapter 51, Education Code, is
4646 amended by adding Section 51.992 to read as follows:
4747 Sec. 51.992. GENERAL AWARENESS CAMPAIGN REGARDING
4848 CONSEQUENCES OF ENGAGING IN DISORDERLY OR THREATENING BEHAVIOR.
4949 (a) In this section:
5050 (1) "Doxing" means to intentionally post on a publicly
5151 accessible website the private, sensitive, or identifying
5252 information of a person:
5353 (A) without the person's consent; and
5454 (B) with the intent to incite violence against or
5555 otherwise harass or intimidate the person.
5656 (2) "Institution of higher education" has the meaning
5757 assigned by Section 61.003.
5858 (b) Each institution of higher education shall develop and
5959 implement an annual comprehensive prevention and outreach program
6060 for students on the consequences of engaging in disorderly or
6161 threatening behavior, including the consequences of doxing a person
6262 or engaging in conduct that otherwise constitutes a criminal
6363 offense under Section 22.07, 42.06, 42.0601, 42.074, or 46.08,
6464 Penal Code. The program must include:
6565 (1) a general awareness campaign; and
6666 (2) the provision of information to students
6767 regarding:
6868 (A) responsible online behavior; and
6969 (B) procedures for reporting suspicious activity
7070 involving disorderly or threatening behavior.
7171 SECTION 4. Section 22.07(c-1), Penal Code, is amended to
7272 read as follows:
7373 (c-1) Notwithstanding Subsection (c) [(c)(2)], an offense
7474 under Subsection (a)(2) is a state jail felony if the offense is
7575 committed against a person the actor knows is:
7676 (1) a peace officer or judge; or
7777 (2) an employee or student of a public or private
7878 primary or secondary school or postsecondary educational
7979 institution.
8080 SECTION 5. Section 42.074(b), Penal Code, is amended to
8181 read as follows:
8282 (b) An offense under this section is a Class B misdemeanor,
8383 except that the offense is:
8484 (1) a Class A misdemeanor if the offense results in the
8585 bodily injury of:
8686 (A) [(1)] the individual whose residence address
8787 or telephone number was posted on a publicly accessible website; or
8888 (B) [(2)] a member of the individual's family or
8989 household; or
9090 (2) a state jail felony if the individual whose
9191 residence address or telephone number was posted on a publicly
9292 accessible website is an employee or student of a public or private
9393 primary or secondary school or postsecondary educational
9494 institution.
9595 SECTION 6. Chapter 42, Penal Code, is amended by adding
9696 Section 42.0745 to read as follows:
9797 Sec. 42.0745. PARENTAL FAILURE TO STOP UNLAWFUL DISCLOSURE
9898 OF RESIDENCE ADDRESS OR TELEPHONE NUMBER. (a) In this section,
9999 "child" means a person younger than 18 years of age.
100100 (b) A parent or legal guardian of a child commits an offense
101101 if the actor:
102102 (1) observes or otherwise has knowledge of the child
103103 engaging in conduct constituting an offense under Section 42.074;
104104 and
105105 (2) fails to take reasonable steps to stop the child
106106 from engaging in the conduct.
107107 (c) An offense under this section is a Class B misdemeanor,
108108 except that the offense is a Class A misdemeanor if the offense
109109 results in the bodily injury of:
110110 (1) the individual whose residence address or
111111 telephone number was posted on a publicly accessible website; or
112112 (2) a member of the individual's family or household.
113113 SECTION 7. Section 46.08(b), Penal Code, is amended to read
114114 as follows:
115115 (b) An offense under this section is a Class A misdemeanor,
116116 except that the offense is a state jail felony if the actor intends
117117 to use the hoax bomb on the premises, grounds, or campus of a public
118118 or private primary or secondary school or postsecondary educational
119119 institution.
120120 SECTION 8. Section 29.932, Education Code, as added by this
121121 Act, applies beginning with the 2025-2026 school year.
122122 SECTION 9. Section 51.992, Education Code, as added by this
123123 Act, applies beginning with the 2025-2026 academic year.
124124 SECTION 10. Sections 22.07, 42.074, and 46.08, Penal Code,
125125 as amended by this Act, apply only to an offense committed on or
126126 after the effective date of this Act. An offense committed before
127127 the effective date of this Act is governed by the law in effect on
128128 the date the offense was committed, and the former law is continued
129129 in effect for that purpose. For purposes of this section, an
130130 offense was committed before the effective date of this Act if any
131131 element of the offense occurred before that date.
132132 SECTION 11. This Act takes effect September 1, 2025.