88R22838 JSC-D     By: Hull, Leach, Moody, Talarico, Lujan, H.B. No. 2715       et al.     Substitute the following for H.B. No. 2715:     By:  Dutton C.S.H.B. No. 2715       A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on following an individual and tracking   or monitoring the individual's personal property or motor vehicle   and to the criminal prosecution of that conduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 7B.005(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  In a protective order issued under this subchapter, the   court may:                (1)  order the alleged offender to take action as   specified by the court that the court determines is necessary or   appropriate to prevent or reduce the likelihood of future harm to   the applicant or a member of the applicant's family or household; or                (2)  prohibit the alleged offender from:                      (A)  communicating:                            (i)  directly or indirectly with the   applicant or any member of the applicant's family or household in a   threatening or harassing manner; or                            (ii)  in any manner with the applicant or any   member of the applicant's family or household except through the   applicant's attorney or a person appointed by the court, if the   court finds good cause for the prohibition;                      (B)  going to or near the residence, place of   employment or business, or child-care facility or school of the   applicant or any member of the applicant's family or household;                      (C)  engaging in conduct directed specifically   toward the applicant or any member of the applicant's family or   household, including following the person, that is reasonably   likely to harass, annoy, alarm, abuse, torment, or embarrass the   person; [and]                      (D)  possessing a firearm, unless the alleged   offender is a peace officer, as defined by Section 1.07, Penal Code,   actively engaged in employment as a sworn, full-time paid employee   of a state agency or political subdivision; and                      (E)  tracking or monitoring personal property or a   motor vehicle in the possession of the applicant or of a member of   the applicant's family or household, without the applicant's   effective consent, including by:                            (i)  using a tracking application on a   personal electronic device in the possession of the applicant or   the family or household member or using a tracking device; or                            (ii)  physically following the applicant or   the family or household member or causing another to physically   follow the applicant or member.          SECTION 2.  Article 17.292(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  The magistrate in the order for emergency protection may   prohibit the arrested party from:                (1)  committing:                      (A)  family violence or an assault on the person   protected under the order; or                      (B)  an act in furtherance of an offense under   Section 20A.02 or 42.072, Penal Code;                (2)  communicating:                      (A)  directly with a member of the family or   household or with the person protected under the order in a   threatening or harassing manner;                      (B)  a threat through any person to a member of the   family or household or to the person protected under the order; or                      (C)  if the magistrate finds good cause, in any   manner with a person protected under the order or a member of the   family or household of a person protected under the order, except   through the party's attorney or a person appointed by the court;                (3)  going to or near:                      (A)  the residence, place of employment, or   business of a member of the family or household or of the person   protected under the order; or                      (B)  the residence, child care facility, or school   where a child protected under the order resides or attends; [or]                (4)  possessing a firearm, unless the person is a peace   officer, as defined by Section 1.07, Penal Code, actively engaged   in employment as a sworn, full-time paid employee of a state agency   or political subdivision; or                (5)  tracking or monitoring personal property or a   motor vehicle in the possession of the person protected under the   order or of a member of the family or household of the person   protected under the order, without the protected person's effective   consent, including by:                      (A)  using a tracking application on a personal   electronic device in the possession of the person or the family or   household member or using a tracking device; or                      (B)  physically following the person or the family   or household member or causing another to physically follow the   person or member.          SECTION 3.  Article 17.49(b), Code of Criminal Procedure, is   amended to read as follows:          (b)  A magistrate may require as a condition of release on   bond that a defendant charged with an offense involving family   violence:                (1)  refrain from going to or near a residence, school,   place of employment, or other location, as specifically described   in the bond, frequented by an alleged victim of the offense;                (2)  carry or wear a global positioning monitoring   system device and, except as provided by Subsection (h), pay a   reimbursement fee for the costs associated with operating that   system in relation to the defendant; [or]                (3)  except as provided by Subsection (h), if the   alleged victim of the offense consents after receiving the   information described by Subsection (d), pay a reimbursement fee   for the costs associated with providing the victim with an   electronic receptor device that:                      (A)  is capable of receiving the global   positioning monitoring system information from the device carried   or worn by the defendant; and                      (B)  notifies the victim if the defendant is at or   near a location that the defendant has been ordered to refrain from   going to or near under Subdivision (1); or                (4)  refrain from tracking or monitoring personal   property or a motor vehicle in the possession of the alleged victim   of the offense, without the victim's effective consent, including   by:                      (A)  using a tracking application on a personal   electronic device in the possession of the victim or using a   tracking device; or                      (B)  physically following the victim or causing   another to physically follow the victim.          SECTION 4.  Section 6.501(a), Family Code, is amended to   read as follows:          (a)  After the filing of a suit for dissolution of a   marriage, on the motion of a party or on the court's own motion, the   court may grant a temporary restraining order without notice to the   adverse party for the preservation of the property and for the   protection of the parties as necessary, including an order   prohibiting one or both parties from:                (1)  intentionally communicating in person or in any   other manner, including by telephone or another electronic voice   transmission, video chat, in writing, or electronic messaging, with   the other party by use of vulgar, profane, obscene, or indecent   language or in a coarse or offensive manner, with intent to annoy or   alarm the other party;                (2)  threatening the other party in person or in any   other manner, including by telephone or another electronic voice   transmission, video chat, in writing, or electronic messaging, to   take unlawful action against any person, intending by this action   to annoy or alarm the other party;                (3)  placing a telephone call, anonymously, at an   unreasonable hour, in an offensive and repetitious manner, or   without a legitimate purpose of communication with the intent to   annoy or alarm the other party;                (4)  intentionally, knowingly, or recklessly causing   bodily injury to the other party or to a child of either party;                (5)  threatening the other party or a child of either   party with imminent bodily injury;                (6)  intentionally, knowingly, or recklessly   destroying, removing, concealing, encumbering, transferring, or   otherwise harming or reducing the value of the property of the   parties or either party with intent to obstruct the authority of the   court to order a division of the estate of the parties in a manner   that the court deems just and right, having due regard for the   rights of each party and any children of the marriage;                (7)  intentionally falsifying a writing or record,   including an electronic record, relating to the property of either   party;                (8)  intentionally misrepresenting or refusing to   disclose to the other party or to the court, on proper request, the   existence, amount, or location of any tangible or intellectual   property of the parties or either party, including electronically   stored or recorded information;                (9)  intentionally or knowingly damaging or destroying   the tangible or intellectual property of the parties or either   party, including electronically stored or recorded information;                (10)  intentionally or knowingly tampering with the   tangible or intellectual property of the parties or either party,   including electronically stored or recorded information, and   causing pecuniary loss or substantial inconvenience to the other   party;                (11)  except as specifically authorized by the court:                      (A)  selling, transferring, assigning,   mortgaging, encumbering, or in any other manner alienating any of   the property of the parties or either party, regardless of whether   the property is:                            (i)  personal property, real property, or   intellectual property; or                            (ii)  separate or community property;                      (B)  incurring any debt, other than legal expenses   in connection with the suit for dissolution of marriage;                      (C)  withdrawing money from any checking or   savings account in a financial institution for any purpose;                      (D)  spending any money in either party's   possession or subject to either party's control for any purpose;                      (E)  withdrawing or borrowing money in any manner   for any purpose from a retirement, profit sharing, pension, death,   or other employee benefit plan, employee savings plan, individual   retirement account, or Keogh account of either party; or                      (F)  withdrawing or borrowing in any manner all or   any part of the cash surrender value of a life insurance policy on   the life of either party or a child of the parties;                (12)  entering any safe deposit box in the name of or   subject to the control of the parties or either party, whether   individually or jointly with others;                (13)  changing or in any manner altering the   beneficiary designation on any life insurance policy on the life of   either party or a child of the parties;                (14)  canceling, altering, failing to renew or pay   premiums on, or in any manner affecting the level of coverage that   existed at the time the suit was filed of, any life, casualty,   automobile, or health insurance policy insuring the parties'   property or persons, including a child of the parties;                (15)  opening or diverting mail or e-mail or any other   electronic communication addressed to the other party;                (16)  signing or endorsing the other party's name on any   negotiable instrument, check, or draft, including a tax refund,   insurance payment, and dividend, or attempting to negotiate any   negotiable instrument payable to the other party without the   personal signature of the other party;                (17)  taking any action to terminate or limit credit or   charge credit cards in the name of the other party;                (18)  discontinuing or reducing the withholding for   federal income taxes from either party's wages or salary;                (19)  destroying, disposing of, or altering any   financial records of the parties, including a canceled check,   deposit slip, and other records from a financial institution, a   record of credit purchases or cash advances, a tax return, and a   financial statement;                (20)  destroying, disposing of, or altering any e-mail,   text message, video message, or chat message or other electronic   data or electronically stored information relevant to the subject   matter of the suit for dissolution of marriage, regardless of   whether the information is stored on a hard drive, in a removable   storage device, in cloud storage, or in another electronic storage   medium;                (21)  modifying, changing, or altering the native   format or metadata of any electronic data or electronically stored   information relevant to the subject matter of the suit for   dissolution of marriage, regardless of whether the information is   stored on a hard drive, in a removable storage device, in cloud   storage, or in another electronic storage medium;                (22)  deleting any data or content from any social   network profile used or created by either party or a child of the   parties;                (23)  using any password or personal identification   number to gain access to the other party's e-mail account, bank   account, social media account, or any other electronic account;                (24)  terminating or in any manner affecting the   service of water, electricity, gas, telephone, cable television, or   any other contractual service, including security, pest control,   landscaping, or yard maintenance at the residence of either party,   or in any manner attempting to withdraw any deposit paid in   connection with any of those services;                (25)  excluding the other party from the use and   enjoyment of a specifically identified residence of the other   party; [or]                (26)  entering, operating, or exercising control over a   motor vehicle in the possession of the other party; or                (27)  tracking or monitoring personal property or a   motor vehicle in the possession of a party, without that party's   effective consent, including by:                      (A)  using a tracking application on a personal   electronic device in the possession of that party or using a   tracking device; or                      (B)  physically following that party or causing   another to physically follow that party.          SECTION 5.  Section 85.022(b), Family Code, is amended to   read as follows:          (b)  In a protective order, the court may prohibit the person   found to have committed family violence from:                (1)  committing family violence;                (2)  communicating:                      (A)  directly with a person protected by an order   or a member of the family or household of a person protected by an   order, in a threatening or harassing manner;                      (B)  a threat through any person to a person   protected by an order or a member of the family or household of a   person protected by an order; and                      (C)  if the court finds good cause, in any manner   with a person protected by an order or a member of the family or   household of a person protected by an order, except through the   party's attorney or a person appointed by the court;                (3)  going to or near the residence or place of   employment or business of a person protected by an order or a member   of the family or household of a person protected by an order;                (4)  going to or near the residence, child-care   facility, or school a child protected under the order normally   attends or in which the child normally resides;                (5)  engaging in conduct directed specifically toward a   person who is a person protected by an order or a member of the   family or household of a person protected by an order, including   following the person, that is reasonably likely to harass, annoy,   alarm, abuse, torment, or embarrass the person;                (6)  possessing a firearm, unless the person is a peace   officer, as defined by Section 1.07, Penal Code, actively engaged   in employment as a sworn, full-time paid employee of a state agency   or political subdivision; [and]                (7)  harming, threatening, or interfering with the   care, custody, or control of a pet, companion animal, or assistance   animal, as defined by Section 121.002, Human Resources Code, that   is possessed by or is in the actual or constructive care of a person   protected by an order or by a member of the family or household of a   person protected by an order; and                (8)  tracking or monitoring personal property or a   motor vehicle in the possession of a person protected by an order or   of a member of the family or household of a person protected by an   order, without the person's effective consent, including by:                      (A)  using a tracking application on a personal   electronic device in the possession of the person or the family or   household member or using a tracking device; or                      (B)  physically following the person or the family   or household member or causing another to physically follow the   person or member.          SECTION 6.  Section 25.07(a), Penal Code, is amended to read   as follows:          (a)  A person commits an offense if, in violation of a   condition of bond set in a family violence, sexual assault or abuse,   indecent assault, stalking, or trafficking case and related to the   safety of a victim or the safety of the community, an order issued   under Subchapter A, Chapter 7B, Code of Criminal Procedure, an   order issued under Article 17.292, Code of Criminal Procedure, an   order issued under Section 6.504, Family Code, Chapter 83, Family   Code, if the temporary ex parte order has been served on the person,   Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code,   or an order issued by another jurisdiction as provided by Chapter   88, Family Code, the person knowingly or intentionally:                (1)  commits family violence or an act in furtherance   of an offense under Section 20A.02, 22.011, 22.012, 22.021, or   42.072;                (2)  communicates:                      (A)  directly with a protected individual or a   member of the family or household in a threatening or harassing   manner;                      (B)  a threat through any person to a protected   individual or a member of the family or household; or                      (C)  in any manner with the protected individual   or a member of the family or household except through the person's   attorney or a person appointed by the court, if the violation is of   an order described by this subsection and the order prohibits any   communication with a protected individual or a member of the family   or household;                (3)  goes to or near any of the following places as   specifically described in the order or condition of bond:                      (A)  the residence or place of employment or   business of a protected individual or a member of the family or   household; or                      (B)  any child care facility, residence, or school   where a child protected by the order or condition of bond normally   resides or attends;                (4)  possesses a firearm;                (5)  harms, threatens, or interferes with the care,   custody, or control of a pet, companion animal, or assistance   animal that is possessed by a person protected by the order or   condition of bond; [or]                (6)  removes, attempts to remove, or otherwise tampers   with the normal functioning of a global positioning monitoring   system; or                (7)  tracks or monitors personal property or a motor   vehicle in the possession of a protected individual or of a member   of the family or household of a protected individual, without the   individual's effective consent, including by:                      (A)  using a tracking application on a personal   electronic device in the possession of the protected individual or   the family or household member or using a tracking device; or                      (B)  physically following the protected   individual or family or household member or causing another to   physically follow the individual or member.          SECTION 7.  Section 42.07, Penal Code, is amended by   amending Subsection (a) and adding Subsection (e) to read as   follows:          (a)  A person commits an offense if, with intent to harass,   annoy, alarm, abuse, torment, or embarrass another, the person:                (1)  initiates communication and in the course of the   communication makes a comment, request, suggestion, or proposal   that is obscene;                (2)  threatens, in a manner reasonably likely to alarm   the person receiving the threat, to inflict bodily injury on the   person or to commit a felony against the person, a member of the   person's family or household, or the person's property;                (3)  conveys, in a manner reasonably likely to alarm   the person receiving the report, a false report, which is known by   the conveyor to be false, that another person has suffered death or   serious bodily injury;                (4)  causes the telephone of another to ring repeatedly   or makes repeated telephone communications anonymously or in a   manner reasonably likely to harass, annoy, alarm, abuse, torment,   embarrass, or offend another;                (5)  makes a telephone call and intentionally fails to   hang up or disengage the connection;                (6)  knowingly permits a telephone under the person's   control to be used by another to commit an offense under this   section;                (7)  sends repeated electronic communications in a   manner reasonably likely to harass, annoy, alarm, abuse, torment,   embarrass, or offend another; [or]                (8)  publishes on an Internet website, including a   social media platform, repeated electronic communications in a   manner reasonably likely to cause emotional distress, abuse, or   torment to another person, unless the communications are made in   connection with a matter of public concern; or                (9)  tracks or monitors the personal property or motor   vehicle of another person, without the other person's effective   consent, including by:                      (A)  using a tracking application on the person's   personal electronic device or using a tracking device; or                      (B)  physically following the other person or   causing any person to physically follow the other person.          (e)  For purposes of Subsection (a)(9), it is presumed that a   person did not give effective consent to the actor's conduct if:                (1)  an application for a protective or restraining   order against or with respect to the actor has been filed by or on   behalf of the person under Subchapter A, Chapter 7B, Code of   Criminal Procedure, Article 17.292, Code of Criminal Procedure,   Section 6.504, Family Code, or Subtitle B, Title 4, Family Code, or   an order has been issued against or with respect to the actor under   one of those provisions; or                (2)  the person is married to the actor and a petition   for dissolution of marriage has been filed, or the person was   previously married to the actor and the marriage has been   dissolved.          SECTION 8.  (a) Article 7B.005, Code of Criminal Procedure,   as amended by this Act, and Sections 6.501 and 85.022, Family Code,   as amended by this Act, apply only to a protective or restraining   order rendered on or after the effective date of this Act. A   protective or restraining order rendered before the effective date   of this Act is governed by the law in effect on the date the order   was rendered, and the former law is continued in effect for that   purpose.          (b)  Article 17.292, Code of Criminal Procedure, as amended   by this Act, applies only to a magistrate's order for emergency   protection entered on or after the effective date of this Act. A   magistrate's order for emergency protection entered before the   effective date of this Act is governed by the law in effect on the   date the order was entered, and the former law is continued in   effect for that purpose.          (c)  Article 17.49, Code of Criminal Procedure, as amended by   this Act, applies only to a defendant released on bond in connection   with an offense committed on or after the effective date of this   Act.  A defendant released on bond in connection with an offense   committed before the effective date of this Act is governed by the   law in effect when the offense was committed, and the former law is   continued in effect for that purpose.  For purposes of this   subsection, an offense was committed before the effective date of   this Act if any element of the offense occurred before that date.          (d)  Sections 25.07 and 42.07, 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 subsection, an offense was committed   before the effective date of this Act if any element of the offense   occurred before that date.          SECTION 9.  This Act takes effect September 1, 2023.