HBA-JRA S.B. 962 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 962
By: Barrientos
Criminal Jurisprudence
5/10/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Penal Code definition of harassment includes communications
made in person, in writing, or by telephone.  The code, however, does not
include communications made electronically, such as by Internet electronic
mail.  S.B. 962 includes electronic communication in the definition of an
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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.07, Penal Code, to provide that a person
commits a Class B misdemeanor if, with intent to harass, annoy, alarm,
abuse, torment, or embarrass another, the person initiates communication by
electronic communication that is obscene; threatens by electronic
communication; or knowingly sends repeated electronic communications either
signed or anonymously, or in a manner reasonably likely to harass or offend
another.  Provides that electronic communications includes but is not
limited to e-mail (electronic mail), pings (network calls), faxes, or pager
messages.  Provides that an offense under this section is a Class A
misdemeanor if the actor has been previously convicted under this section. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.