89R779 JRR-F
By: Perry S.B. No. 294
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the criminal offense of residential
picketing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 42.04(a) and (c), Penal Code, are
amended to read as follows:
(a) If conduct that would otherwise violate Section
42.01(a)(5) (Unreasonable Noise), 42.03 (Obstructing Passageway),
[or] 42.055 (Funeral Service Disruptions), or 42.056 (Residential
Picketing) consists of speech or other communication, of gathering
with others to hear or observe such speech or communication, or of
gathering with others to picket or otherwise express in a
nonviolent manner a position on social, economic, political, or
religious questions, the actor must be ordered to move, disperse,
or otherwise remedy the violation prior to the actor's [his] arrest
if the actor [he] has not yet intentionally harmed the interests of
others which those sections seek to protect.
(c) It is a defense to prosecution under Section
42.01(a)(5), 42.03, [or] 42.055, or 42.056:
(1) that in circumstances in which this section
requires an order no order was given;
(2) that an order, if given, was manifestly
unreasonable in scope; or
(3) that an order, if given, was promptly obeyed.
SECTION 2. Chapter 42, Penal Code, is amended by adding
Section 42.056 to read as follows:
Sec. 42.056. RESIDENTIAL PICKETING. (a) In this section:
(1) "Dwelling" means any structure or part of a
structure that is occupied as, or designed or intended for
occupancy as, a residence by one or more individuals.
(2) "Picketing" means:
(A) standing, sitting, or repeated walking,
riding, driving, or other similar action by a person displaying or
carrying a banner, placard, or sign;
(B) engaging in loud singing, chanting,
whistling, or yelling, with or without noise amplification through
a device such as a bullhorn or microphone; or
(C) blocking access to a dwelling.
(b) A person commits an offense if the person engages in
picketing before or about the dwelling of any individual with the
intent to harass or disturb the individual in the individual's
dwelling.
(c) An offense under this section is a Class B misdemeanor.
(d) If conduct constituting an offense under this section
also constitutes an offense under another law, the actor may be
prosecuted under this section, the other law, or both.
SECTION 3. This Act takes effect September 1, 2025.