Perry Bill Stacks A New Picketing Offense On Existing Ones

The text as introduced · 404 words

89R779 JRR-F

By: Perry
S.B. No. 294

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the criminal offense of residential

picketing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 42.04(a) and (c), Penal Code, are

amended to read as follows:

(a) If conduct that would otherwise violate Section

42.01(a)(5) (Unreasonable Noise), 42.03 (Obstructing Passageway),

[ or ] 42.055 (Funeral Service Disruptions) , or 42.056 (Residential

Picketing) consists of speech or other communication, of gathering

with others to hear or observe such speech or communication, or of

gathering with others to picket or otherwise express in a

nonviolent manner a position on social, economic, political, or

religious questions, the actor must be ordered to move, disperse,

or otherwise remedy the violation prior to the actor's [ his ] arrest

if the actor [ he ] has not yet intentionally harmed the interests of

others which those sections seek to protect.

(c) It is a defense to prosecution under Section

42.01(a)(5), 42.03, [ or ] 42.055 , or 42.056 :

(1) that in circumstances in which this section

requires an order no order was given;

(2) that an order, if given, was manifestly

unreasonable in scope; or

(3) that an order, if given, was promptly obeyed.

SECTION 2. Chapter 42, Penal Code, is amended by adding

Section 42.056 to read as follows:

Sec. 42.056. RESIDENTIAL PICKETING. (a) In this section:

(1) "Dwelling" means any structure or part of a

structure that is occupied as, or designed or intended for

occupancy as, a residence by one or more individuals.

(2) "Picketing" means:

(A) standing, sitting, or repeated walking,

riding, driving, or other similar action by a person displaying or

carrying a banner, placard, or sign;

(B) engaging in loud singing, chanting,

whistling, or yelling, with or without noise amplification through

a device such as a bullhorn or microphone; or

(C) blocking access to a dwelling.

(b) A person commits an offense if the person engages in

picketing before or about the dwelling of any individual with the

intent to harass or disturb the individual in the individual's

dwelling.

(c) An offense under this section is a Class B misdemeanor.

(d) If conduct constituting an offense under this section

also constitutes an offense under another law, the actor may be

prosecuted under this section, the other law, or both.

SECTION 3. This Act takes effect September 1, 2025.