BILL ANALYSIS



H.B. 43
By: McCall
4-13-95
Committee Report (Unamended)

BACKGROUND

All states have in some way addressed the crime of stalking in
their criminal codes.  Texas established the crime of stalking in
1993.  What has not been addressed is the recovery of damages from
such a crime.

PURPOSE

This bill would establish the tort of stalking, as specified,
provided that a person guilty of the tort of stalking may be held
liable to the victim in a civil action for general, special and
punitive damages. The rights and remedies provided in this section
are cumulative and in addition to any other rights and remedies
provided by law. Defense to this action is conduct that consists of
activity in support of constitutionally or statutorily protected
rights.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS
     
     SECTION 1. Title 4, Civil Practices and Remedies Code, is
amended by adding Chapter 83 as follows:
     CHAPTER 83. LIABILITY FOR STALKING.
     Sec. 83.001. DEFINITIONS:
     (1) "Claimant" means a party seeking to recover damages and a
     party that seeks recovery of damages for another person.
     (2) "Defendant" includes a party from whom a claimant seeks
recovery of damages.
     (3) "Family" has the meaning assigned by Section 71.01, Family
Code.
     (4) "Harassing behavior" means conduct by the defendant
directed toward the claimant.
     
     Sec. 83.002. LIABILITY. A defendant is liable to the claimant
for damages arising from stalking.

     Sec. 83.003. PROOF. 
     (a) a claimant must prove against the defendant by showing:
     (1) on one or more occasion the defendant engaged in harassing
     behavior;
     (2) thus, the claimant feared for themselves or their family's
     safety; and
     (3) the defendant violated a restraining order prohibiting
     harassing or:
           (A) the defendant, while engaged in harassing behavior,
           by acts or words threatened to inflict bodily injury or
           committed an offense against the claimant, the
           claimant's family or property;
           (B) defendant had the apparent ability to carry out the
           threat;
           (C) the apparent ability caused the claimant to
           reasonably fear for their own safety or the safety of
           a family member;
           (D) the claimant at least once clearly demanded that the
           harassing stop; and
           (E) after the demand, the defendant continued harassing
           behavior.

     (b) a claimant must, as part of proof described in Subsection
(a)(1), submit evidence other than evidence based on the claimant's
own perception and beliefs.

     Sec. 83.004. DAMAGES. A claimant who prevails in a suit under
this chapter may recover actual damages, and subject to Chapter 41,
exemplary damages.

     Sec. 83.005. DEFENSE. It is a defense to an action brought
under this Chapter that the defendant was engaged in conduct that
consisted of activity in support of constitutionally or statutorily
protected rights.

     Sec. 83.006. CAUSE OF ACTION CUMULATIVE. Cause of action
created is cumulative of any remedy provided by common law.

     SECTION 2. A person may sue for damages for stalking under
Chapter 83 only if an act by a defendant that constitutes part of
the proof by the claimant of stalking takes place on or after the
effective date of this Act.

     SECTION 3. Emergency clause - Effective immediately.

SUMMARY OF COMMITTEE ACTION

House Bill 43 was considered by the Committee on Civil Practices in
a public hearing on March 15, 1995. The following individuals
testified in support of the bill: Georgie Rasco, representing
herself and the Texas Council on Family Violence; Karen Villers,
representing herself; Norma Jahn, representing herself; and Mike
Gallagher, attorney, representing himself. No one testified in
opposition or neutrally on the bill. The bill was referred to a
subcommittee consisting of Representatives Hilbert (chair), Tillery
and Moffat.  After being recalled from subcommittee, the bill was
considered by the committee in a public hearing on April 12, 1995. 
H.B. 43 was reported favorably without amendment with the
recommendation that it do pass and be printed, by a record vote of
six ayes, zero nays, zero pnv and three absent.