Monitoring the Session

SB 164

Hagenbuch Bill Adds A 25-Foot Stay-Back Rule For First Responders

Filed

Verdict: Smells

SmellsInitial review
Sen. Brent HagenbuchRSenate 30
Why it's charged
Already a crime

THE TEXT

…“actor may be prosecuted under this section or the other law.”

Bill text, introduced version (I)

The bill itself expects the same conduct to already be an offense elsewhere in the Penal Code. Based on general knowledge of Texas law, threatening, harassing and interfering with public duties are already offenses under existing sections, so the new section mostly adds a distance trigger and a headline.

Already a crime

Initial review · graded Nov 9, 2026 · How we grade

Caption

relating to creating the criminal offense of approaching or remaining within 25 feet of a first responder with malicious intent after warning to stay away.

Caption from analyzed text · version I.

Summary

Threats and interference already count elsewhere. The bill says so itself. New part: 25 feet.

The bill creates a new Class B misdemeanor offense for a person who, after a first responder verbally warns them to stay 25 feet away, intentionally comes or stays within 25 feet to threaten, harass or interfere with that first responder. It covers peace officers, firefighters, EMS personnel, and parole and probation officers who are lawfully on duty, and it presumes a person knew who the first responder was if they wore a uniform or badge. On the ground, officers and other responders get a new charge they can use against people who ignore a stay-back warning with one of the listed intents, starting September 1, 2027.

Receipt

The receipt

90R-SB164 · 2026-11-09

SOLD BY

ITEM

relating to creating the criminal offense of approaching or remaining within 25 feet of a first responder with malicious intent after warning to stay away.

WHAT IT DOES

Threats and interference already count elsewhere. The bill says so itself. New part: 25 feet.

The bill creates a new Class B misdemeanor offense for a person who, after a first responder verbally warns them to stay 25 feet away, intentionally comes or stays within 25 feet to threaten, harass or interfere with that first responder. It covers peace officers, firefighters, EMS personnel, and parole and probation officers who are lawfully on duty, and it presumes a person knew who the first responder was if they wore a uniform or badge. On the ground, officers and other responders get a new charge they can use against people who ignore a stay-back warning with one of the listed intents, starting September 1, 2027.

CHARGES

[x] ALREADY A CRIMEanalysis confidence 50%

THE TEXT

…“actor may be prosecuted under this section or the other law.”

Bill text, introduced version (I)

The bill itself expects the same conduct to already be an offense elsewhere in the Penal Code. Based on general knowledge of Texas law, threatening, harassing and interfering with public duties are already offenses under existing sections, so the new section mostly adds a distance trigger and a headline.

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
FILED UNDER

No verified beat found.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 27, 2024 to Jun 15, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$50,000.00

Texans for Lawsuit Reform PAC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 23, 2025 to Sep 8, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101010787, 101032653.

Denton County Republican Lincoln Cabinet PAC$25,000.00

Denton County Republican Lincoln Cabinet PAC

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 1 other sitting lawmakers.

Derived recipient stock · Apr 8, 2026 to Apr 21, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Apr 21, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101058859.

John Kleinheinz$25,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 23, 2025 to Sep 8, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101010787, 101032653.

×

Denton County Republican Lincoln Cabinet PAC

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 1 other sitting lawmakers.

Derived recipient stock · Apr 8, 2026 to Apr 21, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Apr 21, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101058859.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by a super-expensive superintelligence, Nov 9, 2026, against the published rubric.

Sources

Texas Senate · Filed Nov 9, 2026

11/09/2026 S Filed

Texas Legislature Online · Introduced

Data snapshot Nov 10, 2026 at 2:40 AM CST. Grades, charges, quotes and corrections follow the published record.

Subjects

Crimes--Miscellaneous

Fire Fighters & Police--General

Health--Emergency Services & Personnel

Law Enforcement

HARASSMENT

Text

The text as introduced · 340 words

90R2296 JCG-D

By: Hagenbuch
S.B. No. 164

A BILL TO BE ENTITLED

AN ACT

relating to creating the criminal offense of approaching or

remaining within 25 feet of a first responder with malicious intent

after warning to stay away.

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

SECTION 1. Chapter 38, Penal Code, is amended by adding

Section 38.155 to read as follows:

Sec. 38.155. APPROACHING OR REMAINING NEAR FIRST RESPONDER

WITH MALICIOUS INTENT AFTER WARNING. (a) In this section:

(1) "First responder" means:

(A) a peace officer;

(B) fire protection personnel as defined by

Section 419.021, Government Code;

(C) emergency medical services personnel as

defined by Section 773.003, Health and Safety Code; or

(D) a parole officer or community supervision and

corrections department officer.

(2) "Harass" means to engage in a pattern of conduct

directed at a person with the intent to cause the person to

experience substantial emotional distress.

(b) A person commits an offense if:

(1) the person receives a verbal warning issued by an

individual the person knows or reasonably should know is a first

responder to stay at least 25 feet away from the first responder;

(2) the first responder is lawfully performing an

official duty; and

(3) the person intentionally violates the warning by

approaching or remaining within 25 feet of the first responder with

the intent to:

(A) threaten the first responder with imminent

bodily injury;

(B) harass the first responder; or

(C) interfere with the performance of the first

responder's official duties.

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

(d) For purposes of this section, the actor is presumed to

have known the individual is a first responder if the individual was

wearing a distinctive uniform or badge indicating the individual's

status as first responder.

(e) If conduct constituting an offense under this section

also constitutes an offense under another section of this code, the

actor may be prosecuted under this section or the other law.

SECTION 2. This Act takes effect September 1, 2027.