89R296 JSC-D
	By: Landgraf, Hull, Howard	H.B. No. 368

	A BILL TO BE ENTITLED
	AN ACT
	relating to a prohibition on remotely controlling electronic
	devices of certain individuals and to the criminal prosecution of
	that conduct.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 7B.005(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  In a protective order issued under this subchapter, the
	court may:
	(1)  order the alleged offender to take action as
	specified by the court that the court determines is necessary or
	appropriate to prevent or reduce the likelihood of future harm to
	the applicant or a member of the applicant's family or household; or
	(2)  prohibit the alleged offender from:
	(A)  communicating:
	(i)  directly or indirectly with the
	applicant or any member of the applicant's family or household in a
	threatening or harassing manner; or
	(ii)  in any manner with the applicant or any
	member of the applicant's family or household except through the
	applicant's attorney or a person appointed by the court, if the
	court finds good cause for the prohibition;
	(B)  going to or near the residence, place of
	employment or business, or child-care facility or school of the
	applicant or any member of the applicant's family or household;
	(C)  engaging in conduct directed specifically
	toward the applicant or any member of the applicant's family or
	household, including following the person, that is reasonably
	likely to harass, annoy, alarm, abuse, torment, or embarrass the
	person;
	(D)  possessing a firearm, unless the alleged
	offender is a peace officer, as defined by Section 1.07, Penal Code,
	actively engaged in employment as a sworn, full-time paid employee
	of a state agency or political subdivision; [and]
	(E)  tracking or monitoring personal property or a
	motor vehicle in the possession of the applicant or of a member of
	the applicant's family or household, without the applicant's
	effective consent, including by:
	(i)  using a tracking application on a
	personal electronic device in the possession of the applicant or
	the family or household member or using a tracking device; or
	(ii)  physically following the applicant or
	the family or household member or causing another to physically
	follow the applicant or member; and
	(F)  remotely controlling an electronic device
	affecting the residence, vehicle, or property of:
	(i)  the applicant; or
	(ii)  a member of the applicant's family or
	household.
	SECTION 2.  Article 17.292(c), Code of Criminal Procedure,
	is amended to read as follows:
	(c)  The magistrate in the order for emergency protection may
	prohibit the arrested party from:
	(1)  committing:
	(A)  family violence or an assault on the person
	protected under the order; or
	(B)  an act in furtherance of an offense under
	Section 20A.02 or 42.072, Penal Code;
	(2)  communicating:
	(A)  directly with a member of the family or
	household or with the person protected under the order in a
	threatening or harassing manner;
	(B)  a threat through any person to a member of the
	family or household or to the person protected under the order; or
	(C)  if the magistrate finds good cause, in any
	manner with a person protected under the order or a member of the
	family or household of a person protected under the order, except
	through the party's attorney or a person appointed by the court;
	(3)  going to or near:
	(A)  the residence, place of employment, or
	business of a member of the family or household or of the person
	protected under the order; or
	(B)  the residence, child care facility, or school
	where a child protected under the order resides or attends;
	(4)  possessing a firearm, unless the person is a peace
	officer, as defined by Section 1.07, Penal Code, actively engaged
	in employment as a sworn, full-time paid employee of a state agency
	or political subdivision; [or]
	(5)  tracking or monitoring personal property or a
	motor vehicle in the possession of the person protected under the
	order or of a member of the family or household of the person
	protected under the order, without the protected person's effective
	consent, including by:
	(A)  using a tracking application on a personal
	electronic device in the possession of the person or the family or
	household member or using a tracking device; or
	(B)  physically following the person or the family
	or household member or causing another to physically follow the
	person or member; or
	(6)  remotely controlling an electronic device
	affecting the residence, vehicle, or property of:
	(A)  the person protected under the order; or
	(B)  a member of the family or household of the
	person protected under the order.
	SECTION 3.  Article 17.49(b), Code of Criminal Procedure, is
	amended to read as follows:
	(b)  A magistrate may require as a condition of release on
	bond that a defendant charged with an offense involving family
	violence:
	(1)  refrain from going to or near a residence, school,
	place of employment, or other location, as specifically described
	in the bond, frequented by an alleged victim of the offense;
	(2)  carry or wear a global positioning monitoring
	system device and, except as provided by Subsection (h), pay a
	reimbursement fee for the costs associated with operating that
	system in relation to the defendant;
	(3)  except as provided by Subsection (h), if the
	alleged victim of the offense consents after receiving the
	information described by Subsection (d), pay a reimbursement fee
	for the costs associated with providing the victim with an
	electronic receptor device that:
	(A)  is capable of receiving the global
	positioning monitoring system information from the device carried
	or worn by the defendant; and
	(B)  notifies the victim if the defendant is at or
	near a location that the defendant has been ordered to refrain from
	going to or near under Subdivision (1); [or]
	(4)  refrain from tracking or monitoring personal
	property or a motor vehicle in the possession of the alleged victim
	of the offense, without the victim's effective consent, including
	by:
	(A)  using a tracking application on a personal
	electronic device in the possession of the victim or using a
	tracking device; or
	(B)  physically following the victim or causing
	another to physically follow the victim; or
	(5)  refrain from remotely controlling an electronic
	device affecting the residence, vehicle, or property of the alleged
	victim of the offense.
	SECTION 4.  Section 6.501(a), Family Code, is amended to
	read as follows:
	(a)  After the filing of a suit for dissolution of a
	marriage, on the motion of a party or on the court's own motion, the
	court may grant a temporary restraining order without notice to the
	adverse party for the preservation of the property and for the
	protection of the parties as necessary, including an order
	prohibiting one or both parties from:
	(1)  intentionally communicating in person or in any
	other manner, including by telephone or another electronic voice
	transmission, video chat, in writing, or electronic messaging, with
	the other party by use of vulgar, profane, obscene, or indecent
	language or in a coarse or offensive manner, with intent to annoy or
	alarm the other party;
	(2)  threatening the other party in person or in any
	other manner, including by telephone or another electronic voice
	transmission, video chat, in writing, or electronic messaging, to
	take unlawful action against any person, intending by this action
	to annoy or alarm the other party;
	(3)  placing a telephone call, anonymously, at an
	unreasonable hour, in an offensive and repetitious manner, or
	without a legitimate purpose of communication with the intent to
	annoy or alarm the other party;
	(4)  intentionally, knowingly, or recklessly causing
	bodily injury to the other party or to a child of either party;
	(5)  threatening the other party or a child of either
	party with imminent bodily injury;
	(6)  intentionally, knowingly, or recklessly
	destroying, removing, concealing, encumbering, transferring, or
	otherwise harming or reducing the value of the property of the
	parties or either party with intent to obstruct the authority of the
	court to order a division of the estate of the parties in a manner
	that the court deems just and right, having due regard for the
	rights of each party and any children of the marriage;
	(7)  intentionally falsifying a writing or record,
	including an electronic record, relating to the property of either
	party;
	(8)  intentionally misrepresenting or refusing to
	disclose to the other party or to the court, on proper request, the
	existence, amount, or location of any tangible or intellectual
	property of the parties or either party, including electronically
	stored or recorded information;
	(9)  intentionally or knowingly damaging or destroying
	the tangible or intellectual property of the parties or either
	party, including electronically stored or recorded information;
	(10)  intentionally or knowingly tampering with the
	tangible or intellectual property of the parties or either party,
	including electronically stored or recorded information, and
	causing pecuniary loss or substantial inconvenience to the other
	party;
	(11)  except as specifically authorized by the court:
	(A)  selling, transferring, assigning,
	mortgaging, encumbering, or in any other manner alienating any of
	the property of the parties or either party, regardless of whether
	the property is:
	(i)  personal property, real property, or
	intellectual property; or
	(ii)  separate or community property;
	(B)  incurring any debt, other than legal expenses
	in connection with the suit for dissolution of marriage;
	(C)  withdrawing money from any checking or
	savings account in a financial institution for any purpose;
	(D)  spending any money in either party's
	possession or subject to either party's control for any purpose;
	(E)  withdrawing or borrowing money in any manner
	for any purpose from a retirement, profit sharing, pension, death,
	or other employee benefit plan, employee savings plan, individual
	retirement account, or Keogh account of either party; or
	(F)  withdrawing or borrowing in any manner all or
	any part of the cash surrender value of a life insurance policy on
	the life of either party or a child of the parties;
	(12)  entering any safe deposit box in the name of or
	subject to the control of the parties or either party, whether
	individually or jointly with others;
	(13)  changing or in any manner altering the
	beneficiary designation on any life insurance policy on the life of
	either party or a child of the parties;
	(14)  canceling, altering, failing to renew or pay
	premiums on, or in any manner affecting the level of coverage that
	existed at the time the suit was filed of, any life, casualty,
	automobile, or health insurance policy insuring the parties'
	property or persons, including a child of the parties;
	(15)  opening or diverting mail or e-mail or any other
	electronic communication addressed to the other party;
	(16)  signing or endorsing the other party's name on any
	negotiable instrument, check, or draft, including a tax refund,
	insurance payment, and dividend, or attempting to negotiate any
	negotiable instrument payable to the other party without the
	personal signature of the other party;
	(17)  taking any action to terminate or limit credit or
	charge credit cards in the name of the other party;
	(18)  discontinuing or reducing the withholding for
	federal income taxes from either party's wages or salary;
	(19)  destroying, disposing of, or altering any
	financial records of the parties, including a canceled check,
	deposit slip, and other records from a financial institution, a
	record of credit purchases or cash advances, a tax return, and a
	financial statement;
	(20)  destroying, disposing of, or altering any e-mail,
	text message, video message, or chat message or other electronic
	data or electronically stored information relevant to the subject
	matter of the suit for dissolution of marriage, regardless of
	whether the information is stored on a hard drive, in a removable
	storage device, in cloud storage, or in another electronic storage
	medium;
	(21)  modifying, changing, or altering the native
	format or metadata of any electronic data or electronically stored
	information relevant to the subject matter of the suit for
	dissolution of marriage, regardless of whether the information is
	stored on a hard drive, in a removable storage device, in cloud
	storage, or in another electronic storage medium;
	(22)  deleting any data or content from any social
	network profile used or created by either party or a child of the
	parties;
	(23)  using any password or personal identification
	number to gain access to the other party's e-mail account, bank
	account, social media account, or any other electronic account;
	(24)  terminating or in any manner affecting the
	service of water, electricity, gas, telephone, cable television, or
	any other contractual service, including security, pest control,
	landscaping, or yard maintenance at the residence of either party,
	or in any manner attempting to withdraw any deposit paid in
	connection with any of those services;
	(25)  excluding the other party from the use and
	enjoyment of a specifically identified residence of the other
	party;
	(26)  entering, operating, or exercising control over a
	motor vehicle in the possession of the other party; [or]
	(27)  tracking or monitoring personal property or a
	motor vehicle in the possession of a party, without that party's
	effective consent, including by:
	(A)  using a tracking application on a personal
	electronic device in the possession of that party or using a
	tracking device; or
	(B)  physically following that party or causing
	another to physically follow that party; or
	(28)  remotely controlling an electronic device
	affecting the residence, vehicle, or property of a party.
	SECTION 5.  Section 85.021, Family Code, is amended to read
	as follows:
	Sec. 85.021.  REQUIREMENTS OF ORDER APPLYING TO ANY
	PARTY.  In a protective order, the court may:
	(1)  prohibit a party from:
	(A)  removing a child who is a member of the family
	or household from:
	(i)  the possession of a person named in the
	order; or
	(ii)  the jurisdiction of the court;
	(B)  transferring, encumbering, or otherwise
	disposing of property, other than in the ordinary course of
	business, that is mutually owned or leased by the parties; [or]
	(C)  removing a pet, companion animal, or
	assistance animal, as defined by Section 121.002, Human Resources
	Code, from the possession or actual or constructive care of a person
	named in the order; or
	(D)  remotely controlling an electronic device
	affecting the residence, vehicle, or property of a person named in
	the order;
	(2)  grant exclusive possession of a residence to a
	party and, if appropriate, direct one or more parties to vacate the
	residence if the residence:
	(A)  is jointly owned or leased by the party
	receiving exclusive possession and a party being denied possession;
	(B)  is owned or leased by the party retaining
	possession; or
	(C)  is owned or leased by the party being denied
	possession and that party has an obligation to support the party or
	a child of the party granted possession of the residence;
	(3)  provide for the possession of and access to a child
	of a party if the person receiving possession of or access to the
	child is a parent of the child;
	(4)  require the payment of support for a party or for a
	child of a party if the person required to make the payment has an
	obligation to support the other party or the child; or
	(5)  award to a party the use and possession of
	specified property that is community property or jointly owned or
	leased property.
	SECTION 6.  Section 85.022(b), Family Code, is amended to
	read as follows:
	(b)  In a protective order, the court may prohibit the person
	found to have committed family violence from:
	(1)  committing family violence;
	(2)  communicating:
	(A)  directly with a person protected by an order
	or a member of the family or household of a person protected by an
	order, in a threatening or harassing manner;
	(B)  a threat through any person to a person
	protected by an order or a member of the family or household of a
	person protected by an order; and
	(C)  if the court finds good cause, in any manner
	with a person protected by an order or a member of the family or
	household of a person protected by an order, except through the
	party's attorney or a person appointed by the court;
	(3)  going to or near the residence or place of
	employment or business of a person protected by an order or a member
	of the family or household of a person protected by an order;
	(4)  going to or near the residence, child-care
	facility, or school a child protected under the order normally
	attends or in which the child normally resides;
	(5)  engaging in conduct directed specifically toward a
	person who is a person protected by an order or a member of the
	family or household of a person protected by an order, including
	following the person, that is reasonably likely to harass, annoy,
	alarm, abuse, torment, or embarrass the person;
	(6)  possessing a firearm, unless the person is a peace
	officer, as defined by Section 1.07, Penal Code, actively engaged
	in employment as a sworn, full-time paid employee of a state agency
	or political subdivision;
	(7)  harming, threatening, or interfering with the
	care, custody, or control of a pet, companion animal, or assistance
	animal, as defined by Section 121.002, Human Resources Code, that
	is possessed by or is in the actual or constructive care of a person
	protected by an order or by a member of the family or household of a
	person protected by an order; [and]
	(8)  tracking or monitoring personal property or a
	motor vehicle in the possession of a person protected by an order or
	of a member of the family or household of a person protected by an
	order, without the person's effective consent, including by:
	(A)  using a tracking application on a personal
	electronic device in the possession of the person or the family or
	household member or using a tracking device; or
	(B)  physically following the person or the family
	or household member or causing another to physically follow the
	person or member; and
	(9)  remotely controlling an electronic device
	affecting the residence, vehicle, or property of:
	(A)  a person protected by an order; or
	(B)  a member of the family or household of a
	person protected by an order.
	SECTION 7.  Section 25.07(a), Penal Code, is amended to read
	as follows:
	(a)  A person commits an offense if, in violation of a
	condition of bond set in a family violence, sexual assault or abuse,
	indecent assault, stalking, or trafficking case and related to the
	safety of a victim or the safety of the community, an order issued
	under Subchapter A, Chapter 7B, Code of Criminal Procedure, an
	order issued under Article 17.292, Code of Criminal Procedure, an
	order issued under Section 6.504, Family Code, Chapter 83, Family
	Code, if the temporary ex parte order has been served on the person,
	Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code,
	or an order issued by another jurisdiction as provided by Chapter
	88, Family Code, the person knowingly or intentionally:
	(1)  commits family violence or an act in furtherance
	of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
	42.072;
	(2)  communicates:
	(A)  directly with a protected individual or a
	member of the family or household in a threatening or harassing
	manner;
	(B)  a threat through any person to a protected
	individual or a member of the family or household; or
	(C)  in any manner with the protected individual
	or a member of the family or household except through the person's
	attorney or a person appointed by the court, if the violation is of
	an order described by this subsection and the order prohibits any
	communication with a protected individual or a member of the family
	or household;
	(3)  goes to or near any of the following places as
	specifically described in the order or condition of bond:
	(A)  the residence or place of employment or
	business of a protected individual or a member of the family or
	household; or
	(B)  any child care facility, residence, or school
	where a child protected by the order or condition of bond normally
	resides or attends;
	(4)  possesses a firearm;
	(5)  harms, threatens, or interferes with the care,
	custody, or control of a pet, companion animal, or assistance
	animal that is possessed by a person protected by the order or
	condition of bond;
	(6)  removes, attempts to remove, or otherwise tampers
	with the normal functioning of a global positioning monitoring
	system; [or]
	(7)  tracks or monitors personal property or a motor
	vehicle in the possession of a protected individual or of a member
	of the family or household of a protected individual, without the
	individual's effective consent, including by:
	(A)  using a tracking application on a personal
	electronic device in the possession of the protected individual or
	the family or household member or using a tracking device; or
	(B)  physically following the protected
	individual or family or household member or causing another to
	physically follow the individual or member; or
	(8)  remotely controls an electronic device affecting
	the residence, vehicle, or property of:
	(A)  a protected individual; or
	(B)  a member of the family or household of a
	protected individual.
	SECTION 8.  Section 42.07(a), Penal Code, as amended by
	Chapters 839 (H.B. 2715) and 1118 (H.B. 1427), Acts of the 88th
	Legislature, Regular Session, 2023, is reenacted and amended to
	read as follows:
	(a)  A person commits an offense if, with intent to harass,
	annoy, alarm, abuse, torment, or embarrass another, the person:
	(1)  initiates communication and in the course of the
	communication makes a comment, request, suggestion, or proposal
	that is obscene;
	(2)  threatens, 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 household, or the person's property;
	(3)  conveys, in a manner reasonably likely to alarm
	the person receiving the report, a false report, which is known by
	the conveyor to be false, that another person has suffered death or
	serious bodily injury;
	(4)  causes the telephone of another to ring repeatedly
	or makes repeated telephone communications anonymously or in a
	manner reasonably likely to harass, annoy, alarm, abuse, torment,
	embarrass, or offend another;
	(5)  makes a telephone call and intentionally fails to
	hang up or disengage the connection;
	(6)  knowingly permits a telephone under the person's
	control to be used by another to commit an offense under this
	section;
	(7)  sends repeated electronic communications in a
	manner reasonably likely to harass, annoy, alarm, abuse, torment,
	embarrass, or offend another;
	(8)  publishes on an Internet website, including a
	social media platform, repeated electronic communications in a
	manner reasonably likely to cause emotional distress, abuse, or
	torment to another person, unless the communications are made in
	connection with a matter of public concern; [or]
	(9)  tracks or monitors the personal property or motor
	vehicle of another person, without the other person's effective
	consent, including by:
	(A)  using a tracking application on the person's
	personal electronic device or using a tracking device; or
	(B)  physically following the other person or
	causing any person to physically follow the other person;
	(10) [(9)]  makes obscene, intimidating, or
	threatening telephone calls or other electronic communications
	from a temporary or disposable telephone number provided by an
	Internet application or other technological means; or
	(11)  remotely controls an electronic device affecting
	the residence, vehicle, or property of the other person.
	SECTION 9.  (a)  Article 7B.005, Code of Criminal Procedure,
	as amended by this Act, and Sections 6.501, 85.021, and 85.022,
	Family Code, as amended by this Act, apply only to a protective
	order or temporary restraining order rendered on or after the
	effective date of this Act.  A protective order or temporary
	restraining order rendered before the effective date of this Act is
	governed by the law in effect on the date the order was rendered,
	and the former law is continued in effect for that purpose.
	(b)  Article 17.292, Code of Criminal Procedure, as amended
	by this Act, applies only to a magistrate's order for emergency
	protection entered on or after the effective date of this Act. A
	magistrate's order for emergency protection entered before the
	effective date of this Act is governed by the law in effect on the
	date the order was entered, and the former law is continued in
	effect for that purpose.
	(c)  Article 17.49, Code of Criminal Procedure, as amended by
	this Act, applies only to a defendant released on bond in connection
	with an offense committed on or after the effective date of this
	Act. A defendant released on bond in connection with an offense
	committed before the effective date of this Act is governed by the
	law in effect when the offense was committed, and the former law is
	continued in effect for that purpose.  For purposes of this
	subsection, an offense was committed before the effective date of
	this Act if any element of the offense occurred before that date.
	(d)  Sections 25.07 and 42.07, 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 subsection, an offense was committed
	before the effective date of this Act if any element of the offense
	occurred before that date.
	SECTION 10.  To the extent of any conflict, this Act prevails
	over another Act of the 89th Legislature, Regular Session, 2025,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 11.  This Act takes effect September 1, 2025.