HBA-EDN S.B. 139 77(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 139
By: Carona
Criminal Jurisprudence
4/30/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, certain forms of communication, including those by electronic
means, are not covered under Texas statutes pertaining to harassment.
Senate Bill 139 adds electronic means of communication to the forms
regulated for protection from the commission of a harassment offense.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 139 amends the Penal Code to provide that a person commits a
Class B misdemeanor, or a Class A misdemeanor for a second or subsequent
conviction of such an offense, if the person: 

_initiates electronic communication and in the course of the communication
makes a comment, request, suggestion, or proposal that is obscene; 

_threatens by electronic communication 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 the person's  property; 

_sends repeated electronic communications in a manner reasonably likely to
harass, annoy, alarm, abuse, torment, embarrass, or offend another.  

EFFECTIVE DATE

September 1, 2001. 

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 provides that a person commits an offense of
harassment if the person threatens by telephone, in writing, or by
electronic communication, in a manner reasonably likely to alarm the person
receiving the threat, to inflict bodily injury or to commit a felony
against a member of another person's household.