During the current 81st Legislative Regular Session, the Texas Legislature is considering several proposals aimed at protecting children from cyber-based crimes. In response to the increasing popularity and use of social networking sites, several proposals have been made to: (1) restrict the activities of sex offenders on-line, such as prohibiting them from using certain social networking sites, contacting children or requiring them to register their on-line identities with the state; and (2) criminalize the offense of on-line harassment, more commonly known as cyber-bullying.  

• HB 22: According to committee reports, sexual predators of children are increasingly using the Internet to communicate with potential victims. A sexual predator may use e-mail, chat rooms, and social networking sites that are also used by children. In February 2009, the social networking site MySpace reported the identification and removal of 90,000 registered sex offenders from its membership. HB 22 requires a registered sex offender to register all Internet communication identifiers, including e-mail addresses as well as names used for chat rooms, instant messaging, social networking sites, and similar online communications. The bill requires the offender to report the identifiers upon first registration and to register any new identifiers established or used after initial registration.
  • Related article: Citing Progress, MySpace Says 90,000 Sex Offenders Blocked From Site

• SB 689: According to committee reports, solicitation of children online is a problem that is becoming increasingly pervasive and of great concern. With the ever-increasing use and development of cyber technology, sexual predators who look for victims on the Internet or social networking sites have new ways of preying upon children in Texas. For example, the Attorney General’s Fugitive Unit recently arrested a convicted sex offender who accessed a social networking site in violation of his parole conditions due to using both his home computer and mobile phone to access his social networking account. Because current law does not require convicted sex offenders to disclose any electronic identification information, law enforcement authorities often have difficulty in identifying individuals who are accessing the Internet or social networking sites in violation of their parole conditions. This bill seeks to address that problem by giving law enforcement authorities and social networking sites additional information that can be used to track sex offenders online. SB 689 amends current law relating to restrictions on the use of the Internet by sex offenders and to the reporting, collection, and exchange of information regarding those offenders, and provides a civil penalty.
  • Related article: Attorney General Abbott, Senator Cornyn, Congressman Smith Join Forces To Protect Texas Children From Predators
• HB 1323:  According to committee reports, Although bullying on campus is a longstanding problem in schools across the nation, reported incidences of bullying are on the rise. Modern technology, such as the Internet, cell phones, text messaging, instant messaging, and social networking sites, such as Facebook and MySpace, have contributed to this increase by providing new avenues for aggressive behavior. Students can bully others from cell phones or computers and they can “cyberbully” at the mall, in the school yard, or at home. Modern technology also has allowed bullies to be anonymous, emboldening students and allowing their bullying to become viral and more malicious. At present, Texas lags behind other states in addressing bullying, particularly cyberbullying.  HB 1323 adds written verbal expression through electronic means to the current definition of “bullying” in the Education Code and specifies that the term “bullying” includes behavior on or off school property. The bill adds to an existing provision requiring that a victim be moved at the request of a parent or other responsible adult to another classroom or campus other than that of the bully, to also authorize the transfer of the bully to another classroom or campus at the request of that parent or other adult. The bill requires districts to have a policy on bullying that includes instruction on the definition of bullying and sexual harassment, what students should do if it occurs, and a process for reporting bullying and sexual harassment. The bill requires districts to notify both the bully’s parents and the victim’s parents when the district discovers that bullying is taking place, to ensure an awareness of the problem and to provide an opportunity for parents to take steps to address the bullying and protect the victim.
  • Related article: Parents: Cyber Bullying Led to Teen’s Suicide
  • Related article: Cyber-Bullying Growing

• HB 2003: According to committee reports, the increase of technological communication and social networking has increased online harassment and fraud. Online harassment occurs when a perpetrator assumes the identify of another and sends false, harassing, or threatening electronic messages to the victim or a third party who is unaware of the perpetrator’s true identity. Online harassment has resulted in suicide, threats of physical and mental abuse, and more, but current Texas Law does not provide a means of prosecuting some of the most egregious of these acts. HB 2003 creates the offense of online harassment to deter and punish such offenders. 
  • Related article:  States Push for Cyberbully Controls

To find out more information about these and other proposed bills in the Texas legislature, contact your local state representative or state senator. 

For more information on cyber-bullying, visit the following web sites:   

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