HBA-EDN S.B. 139 77(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 139 By: Carona Criminal Jurisprudence 4/30/2001 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, certain forms of communication, including those by electronic means, are not covered under Texas statutes pertaining to harassment. Senate Bill 139 adds electronic means of communication to the forms regulated for protection from the commission of a harassment offense. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 139 amends the Penal Code to provide that a person commits a Class B misdemeanor, or a Class A misdemeanor for a second or subsequent conviction of such an offense, if the person: _initiates electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; _threatens by electronic communication 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 the person's property; _sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another. EFFECTIVE DATE September 1, 2001. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 provides that a person commits an offense of harassment if the person threatens by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury or to commit a felony against a member of another person's household.