HB3425 - Relating to the prosecution of certain criminal offenses involving the unlawful disclosure of a residence address or telephone number.

      H.B. No. 3425         AN ACT   relating to the prosecution of certain criminal offenses involving   the unlawful disclosure of a residence address or telephone number.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 36.06(a-1) and (d), Penal Code, are   amended to read as follows:          (a-1)  A person commits an offense if the person posts on a   publicly accessible website or discloses through an electronic   communication the residence address or telephone number of an   individual the actor knows is a public servant or a member of a   public servant's family or household with the intent to cause harm   or a threat of harm to the individual or a member of the   individual's family or household in retaliation for or on account   of the service or status of the individual as a public servant.          (d)  For purposes of an offense under Subsection (a-1)   involving the posting of a residence address or telephone number on   a publicly accessible website , it is prima facie evidence of the   intent to cause harm or a threat of harm to an individual the person   knows is a public servant or a member of a public servant's family   or household if the actor:                (1)  receives a written demand from the individual to   not disclose the address or telephone number for reasons of safety;   and                (2)  either:                      (A)  fails to remove the address or telephone   number from the publicly accessible website within a period of 48   hours after receiving the demand; or                      (B)  reposts the address or telephone number on   the same or a different publicly accessible website, or makes the   information publicly available through another medium, within a   period of four years after receiving the demand, regardless of   whether the individual is no longer a public servant.          SECTION 2.  Section 36.06(b), Penal Code, is amended by   amending Subdivision (1) and adding Subdivision (1-a) to read as   follows:                (1)   "Electronic communication" has the meaning   assigned by Section 42.07.                 (1-a)   "Honorably retired peace officer" means a peace   officer who:                      (A)  did not retire in lieu of any disciplinary   action;                      (B)  was eligible to retire from a law enforcement   agency or was ineligible to retire only as a result of an injury   received in the course of the officer's employment with the agency;   and                      (C)  is entitled to receive a pension or annuity   for service as a law enforcement officer or is not entitled to   receive a pension or annuity only because the law enforcement   agency that employed the officer does not offer a pension or annuity   to its employees.          SECTION 3.  Section 42.074, Penal Code, is amended by   amending Subsections (a), (b), and (c) and adding Subsection (e) to   read as follows:          (a)  A person commits an offense if the person posts on a   publicly accessible website or discloses through an electronic   communication the residence address or telephone number of an   individual with the intent to cause harm or a threat of harm to the   individual or a member of the individual's family or household.          (b)  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   disclosed through an electronic communication ; or                (2)  a member of the individual's family or household.          (c)  This section does not apply to a public servant who   posted information described by Subsection (a) to a publicly   accessible website or disclosed that information through an   electronic communication in the performance of the public servant's   duties as required by or in accordance with state or federal law.           (e)     In this section, "electronic communication" has the   meaning assigned by Section 42.07.          SECTION 4.  The changes in law made 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 5.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3425 was passed by the House on May   15, 2025, by the following vote:  Yeas 139, Nays 4, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 3425 was passed by the Senate on May   27, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor