1-1  By:  McCall, et al. (Senate Sponsor - Moncrief)         H.B. No. 43
    1-2        (In the Senate - Received from the House May 11, 1995;
    1-3  May 12, 1995, read first time and referred to Committee on Criminal
    1-4  Justice; May 22, 1995, reported favorably by the following vote:
    1-5  Yeas 5, Nays 0; May 22, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to civil liability for stalking.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Title 4, Civil Practice and Remedies Code, is
   1-11  amended by adding Chapter 83 to read as follows:
   1-12                  CHAPTER 83.  LIABILITY FOR STALKING
   1-13        Sec. 83.001.  DEFINITIONS.  In this chapter:
   1-14              (1)  "Claimant" means a party seeking to recover
   1-15  damages under this chapter, including a plaintiff, counterclaimant,
   1-16  cross-claimant, or third-party plaintiff.  In an action in which a
   1-17  party seeks recovery of damages under this chapter on behalf of
   1-18  another person, "claimant" includes both that other person and the
   1-19  party seeking recovery of damages.
   1-20              (2)  "Defendant" includes any party from whom a
   1-21  claimant seeks recovery of damages under this chapter.
   1-22              (3)  "Family" has the meaning assigned by Section
   1-23  71.01, Family Code.
   1-24              (4)  "Harassing behavior" means conduct by the
   1-25  defendant directed specifically toward the claimant, including
   1-26  following the claimant, that is reasonably likely to harass, annoy,
   1-27  alarm, abuse, torment, or embarrass the claimant.
   1-28        Sec. 83.002.  LIABILITY.  A defendant is liable, as provided
   1-29  by this chapter, to a claimant for damages arising from stalking of
   1-30  the claimant by the defendant.
   1-31        Sec. 83.003.  PROOF.  (a)  A claimant proves stalking against
   1-32  a defendant by showing:
   1-33              (1)  on more than one occasion the defendant engaged in
   1-34  harassing behavior;
   1-35              (2)  as a result of the harassing behavior, the
   1-36  claimant reasonably feared for the claimant's safety or the safety
   1-37  of a member of the claimant's family; and
   1-38              (3)  the defendant violated a restraining order
   1-39  prohibiting harassing behavior or:
   1-40                    (A)  the defendant, while engaged in harassing
   1-41  behavior, by acts or words threatened to inflict bodily injury on
   1-42  the claimant or to commit an offense against the claimant, a member
   1-43  of the claimant's family, or the claimant's property;
   1-44                    (B)  the defendant had the apparent ability to
   1-45  carry out the threat;
   1-46                    (C)  the defendant's apparent ability to carry
   1-47  out the threat caused the claimant to reasonably fear for the
   1-48  claimant's safety or the safety of a family member;
   1-49                    (D)  the claimant at least once clearly demanded
   1-50  that the defendant stop the defendant's harassing behavior;
   1-51                    (E)  after the demand to stop by the claimant,
   1-52  the defendant continued the harassing behavior; and
   1-53                    (F)  the harassing behavior has been reported to
   1-54  the police as a stalking offense.
   1-55        (b)  The claimant must, as part of the proof of the behavior
   1-56  described by Subsection (a)(1), submit evidence other than evidence
   1-57  based on the claimant's own perceptions and beliefs.
   1-58        Sec. 83.004.  DAMAGES.  A claimant who prevails in a suit
   1-59  under this chapter may recover actual damages and, subject to
   1-60  Chapter 41, exemplary damages.
   1-61        Sec. 83.005.  DEFENSE.  It is a defense to an action brought
   1-62  under this chapter that the defendant was engaged in conduct that
   1-63  consisted of activity in support of constitutionally or statutorily
   1-64  protected rights.
   1-65        Sec. 83.006.  CAUSE OF ACTION CUMULATIVE.  The cause of
   1-66  action created by this chapter is cumulative of any other remedy
   1-67  provided by common law or statute.
   1-68        SECTION 2.  A person may sue for damages for stalking under
    2-1  Chapter 83, Civil Practice and Remedies Code, as added by this Act,
    2-2  only if an act by the defendant that constitutes part of the proof
    2-3  by the claimant of stalking takes place on or after the effective
    2-4  date of this Act, without regard to whether other acts by the
    2-5  defendant that constitute part of the proof by the claimant of
    2-6  stalking take place before the effective date of this Act.
    2-7        SECTION 3.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended,
   2-12  and that this Act take effect and be in force from and after its
   2-13  passage, and it is so enacted.
   2-14                               * * * * *