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 * * * * *