HB4416 - 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.

  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.