Texas
SB 2876: Heightened penalties for protesters who conceal their identity
Would increase criminal penalties that could cover peaceful protesters who choose to wear a mask. Under the bill, a protesters charged with “riot” would face more serious penalties if they were wearing a mask or other face covering with intent to conceal their identity, as compared to someone without a mask. The offense would be a Class A misdemeanor, punishable by up to one year in jail and $4,000, instead of a Class B misdemeanor. The crime of “riot” under Texas law is defined broadly and does not require violence or other unlawful conduct: The offense covers a group of seven demonstrators whose conduct “substantially obstructs law enforcement or other governmental function or services,” or whose “physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.” Under the bill, a protester who chose to wear a mask to avoid retaliation for their political views could face significant jail time if their nonviolent protest was deemed a “riot.”
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See full text of bill here)
Status: pending
Introduced 14 Mar 2025.
Issue(s): Face Covering, Riot
Texas
SB 2972: New restrictions on campus protests
Would force public colleges and universities to adopt new limitations on campus protests that among other things would ban protest encampments and limit protesters’ ability to wear a mask. Under the bill, public colleges and universities would have to enact policies that a) prohibit using sound amplification as part of any campus protest during class hours; b) prohibit any protest or other “expressive activities” between 10pm and 8am, or any time during the last two weeks of a school semester; c) prohibit erecting tents or otherwise “camping” on campus; and d) prohibit wearing masks while protesting with certain intent, including intent to “obstruct the enforcement of the institution’s rules or the law by avoiding identification.” The mandatory policy would also require students and employees to comply with any request by campus law enforcement to present proof of their identity if asked for any reason. The bill would require schools to create disciplinary sanctions for students or employees who violate the protest policy.
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See full text of bill here)
Status: pending
Introduced 14 Mar 2025; Approved by Senate 14 May 2025
Issue(s): Campus Protests, Face Covering, Camping
Texas
HB 3061: Heightened penalties for masked protesters
Would increase the penalty for protest-related offenses if committed by someone wearing a mask or other disguise to conceal their identity while “congregating with other individuals who were disguised or masked.” Under the bill, the penalty for trespass, “disorderly conduct,” and “riot” would be one degree more severe if committed by a group in which some individuals wore masks. The bill provides an exemption to the penalty enhancement for masks worn during Halloween, a masquerade ball, or “similar celebration,” but not for avoiding retaliation for political speech. “Disorderly conduct” and “riot” are broadly defined under Texas law. Protesters who make “unreasonable noise” in public, for instance, may be charged with “disorderly conduct”; under the bill, such protesters could face significant jail time rather than a fine if they were masked. “Trespass” in Texas also carries significant penalties if committed on college campuses, "critical infrastructure," or other select locations, such that peaceful protesters who trespassed on a college campus could face felony rather than misdemeanor penalties if they were masked to avoid retaliation.
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See full text of bill here)
Status: pending
Introduced 19 Feb 2025.
Issue(s): Campus Protests, Face Covering, Infrastructure, Riot, Trespass
