89R12827 MEW/RDR-D
By: McLaughlin H.B. No. 4416
A BILL TO BE ENTITLED
AN ACT
relating to disorderly or threatening behavior and measures by
public schools and institutions of higher education to prevent that
behavior; increasing criminal penalties; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.932 to read as follows:
Sec. 29.932. GENERAL AWARENESS CAMPAIGN REGARDING
CONSEQUENCES OF ENGAGING IN DISORDERLY OR THREATENING BEHAVIOR.
(a) In this section, "doxing" means to intentionally post on a
publicly accessible website the private, sensitive, or identifying
information of a person:
(1) without the person's consent; and
(2) with the intent to incite violence against or
otherwise harass or intimidate the person.
(b) A school district or open-enrollment charter school
shall develop and implement an annual comprehensive prevention and
outreach program for students on the consequences of engaging in
disorderly or threatening behavior, including the consequences of
doxing a person or engaging in conduct that otherwise constitutes a
criminal offense under Section 22.07, 42.06, 42.0601, 42.074, or
46.08, Penal Code. The program must include:
(1) a general awareness campaign; and
(2) the provision of information to students and
parents or guardians of students regarding:
(A) responsible online behavior; and
(B) procedures for reporting suspicious activity
involving disorderly or threatening behavior.
SECTION 2. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.091 to read as follows:
Sec. 37.091. PARENTAL NOTIFICATION REGARDING STUDENT
CONDUCT INVOLVING DISORDERLY OR THREATENING BEHAVIOR. A school
district or open-enrollment charter school shall immediately
notify a student's parent or guardian if the student is alleged to
have engaged in conduct that contains the elements of an offense
under Section 22.07, 42.06, 42.0601, 42.074, or 46.08, Penal Code.
SECTION 3. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.992 to read as follows:
Sec. 51.992. GENERAL AWARENESS CAMPAIGN REGARDING
CONSEQUENCES OF ENGAGING IN DISORDERLY OR THREATENING BEHAVIOR.
(a) In this section:
(1) "Doxing" means to intentionally post on a publicly
accessible website the private, sensitive, or identifying
information of a person:
(A) without the person's consent; and
(B) with the intent to incite violence against or
otherwise harass or intimidate the person.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) Each institution of higher education shall develop and
implement an annual comprehensive prevention and outreach program
for students on the consequences of engaging in disorderly or
threatening behavior, including the consequences of doxing a person
or engaging in conduct that otherwise constitutes a criminal
offense under Section 22.07, 42.06, 42.0601, 42.074, or 46.08,
Penal Code. The program must include:
(1) a general awareness campaign; and
(2) the provision of information to students
regarding:
(A) responsible online behavior; and
(B) procedures for reporting suspicious activity
involving disorderly or threatening behavior.
SECTION 4. Section 22.07(c-1), Penal Code, is amended to
read as follows:
(c-1) Notwithstanding Subsection (c) [(c)(2)], an offense
under Subsection (a)(2) is a state jail felony if the offense is
committed against a person the actor knows is:
(1) a peace officer or judge; or
(2) an employee or student of a public or private
primary or secondary school or postsecondary educational
institution.
SECTION 5. Section 42.074(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if the offense results in the
bodily injury of:
(A) [(1)] the individual whose residence address
or telephone number was posted on a publicly accessible website; or
(B) [(2)] a member of the individual's family or
household; or
(2) a state jail felony if the individual whose
residence address or telephone number was posted on a publicly
accessible website is an employee or student of a public or private
primary or secondary school or postsecondary educational
institution.
SECTION 6. Chapter 42, Penal Code, is amended by adding
Section 42.0745 to read as follows:
Sec. 42.0745. PARENTAL FAILURE TO STOP UNLAWFUL DISCLOSURE
OF RESIDENCE ADDRESS OR TELEPHONE NUMBER. (a) In this section,
"child" means a person younger than 18 years of age.
(b) A parent or legal guardian of a child commits an offense
if the actor:
(1) observes or otherwise has knowledge of the child
engaging in conduct constituting an offense under Section 42.074;
and
(2) fails to take reasonable steps to stop the child
from engaging in the conduct.
(c) An offense under this section is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if the offense
results in the bodily injury of:
(1) the individual whose residence address or
telephone number was posted on a publicly accessible website; or
(2) a member of the individual's family or household.
SECTION 7. Section 46.08(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a Class A misdemeanor,
except that the offense is a state jail felony if the actor intends
to use the hoax bomb on the premises, grounds, or campus of a public
or private primary or secondary school or postsecondary educational
institution.
SECTION 8. Section 29.932, Education Code, as added by this
Act, applies beginning with the 2025-2026 school year.
SECTION 9. Section 51.992, Education Code, as added by this
Act, applies beginning with the 2025-2026 academic year.
SECTION 10. Sections 22.07, 42.074, and 46.08, Penal Code,
as amended by this Act, apply only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 11. This Act takes effect September 1, 2025.