The statute in question reads as follows and appears to have been last amended on September 1, 2013. I have highlighted the relevant portions of the statute and one it references to the kind of conduct mentioned.
Sec. 42.072. STALKING. (a) A person commits an offense if the
person, on more than one occasion and pursuant to the same scheme or
course of conduct that is directed specifically at another person,
knowingly engages in conduct that:
(1) constitutes an offense under Section 42.07, or that the actor
knows or reasonably should know the other person will regard as
(A) bodily injury or death for the other person;
(B) bodily injury or death for a member of the other person's family
or household or for an individual with whom the other person has a
dating relationship; or
(C) that an offense will be committed against the other person's
(2) causes the other person, a member of the other person's family or
household, or an individual with whom the other person has a dating
relationship to be placed in fear of bodily injury or death or in fear
that an offense will be committed against the other person's property,
or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed,
or offended; and
(3) would cause a reasonable person to:
(A) fear bodily injury or death for himself or herself;
(B) fear bodily injury or death for a member of the person's family
or household or for an individual with whom the person has a dating
(C) fear that an offense will be committed against the person's
(D) feel harassed, annoyed, alarmed, abused, tormented, embarrassed,
(b) An offense under this section is a felony of the third degree,
except that the offense is a felony of the second degree if the actor
has previously been convicted of an offense under this section or of
an offense under any of the following laws that contains elements that
are substantially similar to the elements of an offense under this
(1) the laws of another state;
(2) the laws of a federally recognized Indian tribe;
(3) the laws of a territory of the United States; or
(4) federal law.
(c) For purposes of this section, a trier of fact may find that
different types of conduct described by Subsection (a), if engaged in
on more than one occasion, constitute conduct that is engaged in
pursuant to the same scheme or course of conduct.
(d) In this section:
(1) "Dating relationship," "family," "household," and "member of a
household" have the meanings assigned by Chapter 71, Family Code.
(2) "Property" includes a pet, companion animal, or assistance
animal, as defined by Section 121.002, Human Resources Code.
Section 42.07 is the crime of harassment in Texas which reads 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
(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; or
(7) sends repeated electronic communications in a manner reasonably
likely to harass, annoy, alarm, abuse, torment, embarrass, or offend
(b) In this section:
(1) “Electronic communication” means a transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature
transmitted in whole or in part by a wire, radio, electromagnetic,
photoelectronic, or photo-optical system. The term includes:
(A) a communication initiated by electronic mail, instant message,
network call, or facsimile machine; and
(B) a communication made to a pager.
(2) “Family” and “household” have the meaning assigned by Chapter 71,
(3) “Obscene” means containing a patently offensive description of or
a solicitation to commit an ultimate sex act, including sexual
intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a
description of an excretory function.
(c) An offense under this section is a Class B misdemeanor, except
that the offense is a Class A misdemeanor if the actor has previously
been convicted under this section.
Intent is required per 42.07(a) and it has to be proved beyond a reasonable doubt, but also doesn't have to be proved by direct confession and instead can be inferred from circumstantial evidence.
Ultimately, the application of these statutes to the fact patterns in question require a dozen real human beings on a jury to apply the facts that hear testimony about to the law and there is no 100% certain answer.