McLaughlin Bill Targets Parents Whose Kids Post Home Addresses

The text as introduced · 1,008 words

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.