Relating to a prohibition on remotely controlling electronic devices of certain individuals and to the criminal prosecution of that conduct.

89(R) HB 368 - Engrossed version - Bill Text

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.