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A BILL TO BE ENTITLED
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AN ACT
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relating to bullying and cyberbullying in public schools; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.451(d), Education Code, is amended to |
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read as follows: |
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(d) The staff development: |
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(1) may include training in: |
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(A) technology; |
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(B) conflict resolution; and |
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(C) discipline strategies, including classroom |
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management, district discipline policies, and the student code of |
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conduct adopted under Section 37.001 and Chapter 37; [and] |
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(2) subject to Subsection (e), must include training |
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based on scientifically based research, as defined by Section 9101, |
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No Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that: |
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(A) relates to instruction of students with |
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disabilities; and |
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(B) is designed for educators who work primarily |
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outside the area of special education; and |
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(3) must include training to address bullying and |
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cyberbullying, as those terms are defined by Section 25.0342, paid |
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for with local money, including money from fines imposed under |
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Section 26.016(b) or 37.902. |
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SECTION 2. The heading to Section 25.0342, Education Code, |
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is amended to read as follows: |
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Sec. 25.0342. TRANSFER OF VICTIMS OF BULLYING OR |
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CYBERBULLYING. |
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SECTION 3. Section 25.0342, Education Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsection (a-1) |
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to read as follows: |
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(a) In this section: |
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(1) "Bullying"[, "bullying"] means [engaging in] |
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written or verbal expression or physical conduct that a student or |
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group of students exhibits toward another particular student or |
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another particular group of students and that a school district |
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board of trustees or the board's designee determines: |
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(A) [(1)] will have the effect of physically or |
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mentally harming a student, damaging a student's property, or |
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placing a student in reasonable fear of harm to the student's person |
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or of damage to the student's property; or |
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(B) [(2)] is sufficiently severe, persistent, or |
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pervasive enough that the action or threat creates an intimidating, |
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threatening, or abusive educational environment for a student. |
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(2) "Cyberbullying" means electronic communication, |
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including through the use of a cellular or other type of telephone, |
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a computer, a pager, a camera, electronic mail, instant messaging, |
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text messaging, or an Internet website, from a student to another |
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student or from a student to a school district employee: |
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(A) that a district board of trustees or the |
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board's designee determines: |
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(i) will have the effect of physically or |
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mentally harming a student, damaging a student's property, or |
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placing a student in reasonable fear of harm to the student's person |
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or of damage to the student's property; or |
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(ii) is sufficiently severe, persistent, or |
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pervasive enough that the action or threat creates an intimidating, |
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threatening, or abusive educational environment for a student or |
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district employee; and |
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(B) that takes place: |
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(i) on district property, during a school |
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or school-sponsored activity, on a school bus, or at a school bus |
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stop; |
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(ii) through a district data system without |
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proper authorization by a district employee; or |
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(iii) through a computer network off of |
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district property. |
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(a-1) In making a determination under Subsection (a), the |
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board of trustees or the board's designee shall consider: |
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(1) the specific written or verbal expression, |
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physical conduct, or electronic communication by the perpetrator; |
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(2) whether the written or verbal expression, |
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physical conduct, or electronic communication occurred in front of |
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or was communicated to a person other than the victim; |
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(3) the manner in which the perpetrator interacted |
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with the victim; and |
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(4) the perpetrator's motivation, either admitted or |
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appropriately inferred. |
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(b) On the request of a parent or other person with |
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authority to act on behalf of a student who is a victim of bullying |
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or cyberbullying, the board of trustees of a school district or the |
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board's designee shall transfer the victim to: |
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(1) another classroom at the campus to which the |
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victim was assigned at the time the bullying or cyberbullying |
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occurred; or |
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(2) a campus in the school district other than the |
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campus to which the victim was assigned at the time the bullying or |
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cyberbullying occurred. |
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(c) The board of trustees or the board's designee shall |
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verify that a student has been a victim of bullying or cyberbullying |
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before transferring the student under this section. |
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SECTION 4. Chapter 26, Education Code, is amended by adding |
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Section 26.016 to read as follows: |
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Sec. 26.016. LIABILITY OF PARENTS FOR BULLYING OR |
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CYBERBULLYING BY CHILD. (a) In this section, "bullying" and |
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"cyberbullying" have the meanings assigned by Section 25.0342. |
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(b) A student's parent who negligently fails to exercise |
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reasonable control or discipline over the student as necessary to |
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prevent bullying or cyberbullying by the student commits an |
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offense. An offense under this subsection is a misdemeanor |
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punishable by a fine not to exceed $100 for each day on which the |
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bullying or cyberbullying occurs. Each fine collected under this |
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subsection shall be deposited to the operating fund of the school |
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district in which the student attends school to be used to provide |
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training under Section 21.451(d)(3). |
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(c) A student's parent who negligently fails to exercise |
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reasonable control or discipline over the student as necessary to |
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prevent bullying or cyberbullying by the student is liable to the |
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extent provided by Subsection (e) for any injury to or the death of |
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another student that is proximately caused by the bullying or |
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cyberbullying. |
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(d) A student's parent who negligently fails to exercise |
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reasonable control or discipline over the student as necessary to |
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prevent cyberbullying by the student is liable to the extent |
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provided by Subsection (e) for any injury to or the death of a |
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school district employee that is proximately caused by the |
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cyberbullying, if the cyberbullying is in retaliation for or as a |
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result of the employee's employment or association with the |
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district, without regard to whether the cyberbullying occurs on or |
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off of school district property or while attending a |
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school-sponsored or school-related activity on or off of school |
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property. |
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(e) Recovery under Subsection (c) or (d) is limited to |
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actual damages for medical, dental, or hospital expenses, not to |
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exceed $25,000, plus court costs and attorney's fees. |
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SECTION 5. Sections 37.001(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) The board of trustees of an independent school district |
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shall, with the advice of its district-level committee established |
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under Subchapter F, Chapter 11, adopt a student code of conduct for |
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the district. The student code of conduct must be posted and |
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prominently displayed at each school campus or made available for |
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review at the office of the campus principal. In addition to |
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establishing standards for student conduct, the student code of |
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conduct must: |
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(1) specify the circumstances, in accordance with this |
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subchapter, under which a student may be removed from a classroom, |
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campus, or disciplinary alternative education program; |
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(2) specify conditions that authorize or require a |
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principal or other appropriate administrator to transfer a student |
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to a disciplinary alternative education program; |
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(3) outline conditions under which a student may be |
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suspended as provided by Section 37.005 or expelled as provided by |
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Section 37.007; |
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(4) specify that consideration will be given, as a |
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factor in each decision concerning suspension, removal to a |
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disciplinary alternative education program, expulsion, or |
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placement in a juvenile justice alternative education program, |
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regardless of whether the decision concerns a mandatory or |
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discretionary action, to: |
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(A) self-defense; |
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(B) intent or lack of intent at the time the |
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student engaged in the conduct; |
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(C) a student's disciplinary history; or |
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(D) a disability that substantially impairs the |
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student's capacity to appreciate the wrongfulness of the student's |
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conduct; |
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(5) provide guidelines for setting the length of a |
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term of: |
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(A) a removal under Section 37.006; and |
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(B) an expulsion under Section 37.007; |
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(6) address the notification of a student's parent or |
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guardian of a violation of the student code of conduct committed by |
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the student that results in suspension, removal to a disciplinary |
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alternative education program, or expulsion; |
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(7) prohibit bullying, cyberbullying, harassment, and |
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making hit lists and ensure that district employees enforce those |
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prohibitions; and |
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(8) provide, as appropriate for students at each grade |
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level, methods, including options, for: |
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(A) managing students in the classroom and on |
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school grounds; |
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(B) disciplining students; and |
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(C) preventing and intervening in student |
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discipline problems, including bullying, cyberbullying, |
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harassment, and making hit lists. |
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(b) In this section: |
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(1) "Bullying" and "cyberbullying" have the meanings |
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assigned by Section 25.0342. |
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(2) "Harassment" means threatening to cause harm or |
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bodily injury to another student, engaging in sexually intimidating |
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conduct, causing physical damage to the property of another |
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student, subjecting another student to physical confinement or |
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restraint, or maliciously taking any action that substantially |
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harms another student's physical or emotional health or safety. |
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(3) [(2)] "Hit list" means a list of people targeted |
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to be harmed, using: |
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(A) a firearm, as defined by Section 46.01(3), |
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Penal Code; |
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(B) a knife, as defined by Section 46.01(7), |
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Penal Code; or |
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(C) any other object to be used with intent to |
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cause bodily harm. |
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SECTION 6. Section 37.083(a), Education Code, is amended to |
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read as follows: |
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(a) Each school district shall adopt and implement a |
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discipline management program to be included in the district |
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improvement plan under Section 11.252. The program must provide |
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for prevention of and education concerning unwanted physical or |
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verbal aggression, sexual harassment, [and other forms of] |
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bullying, and cyberbullying in school, on school grounds, and in |
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school vehicles. |
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SECTION 7. Section 37.217(a), Education Code, is amended to |
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read as follows: |
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(a) The center, in cooperation with the attorney general, |
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shall develop a program that provides instruction concerning |
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Internet safety, including instruction relating to: |
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(1) the potential dangers of allowing personal |
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information to appear on an Internet website; |
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(2) the manner in which to report an inappropriate |
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online solicitation; and |
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(3) the prevention, detection, and reporting of |
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bullying or cyberbullying, as those terms are defined by Section |
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25.0342 [or threats occurring over the Internet]. |
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SECTION 8. Chapter 37, Education Code, is amended by adding |
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Subchapter Z to read as follows: |
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SUBCHAPTER Z. MISCELLANEOUS PROVISIONS RELATING TO DISCIPLINE |
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Sec. 37.902. OFFENSE: BULLYING OR CYBERBULLYING. (a) In |
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this section, "bullying" and "cyberbullying" have the meanings |
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assigned by Section 25.0342. |
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(b) A student who engages in bullying or cyberbullying |
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commits an offense. |
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(c) An offense under this section is a misdemeanor |
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punishable by a fine not to exceed $100 for each day on which the |
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bullying or cyberbullying occurs. |
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(d) Each fine collected under this section shall be |
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deposited to the operating fund of the school district in which the |
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student attends school to be used to provide training under Section |
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21.451(d)(3). |
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SECTION 9. Sections 41.001 and 41.002, Family Code, are |
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amended to read as follows: |
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Sec. 41.001. LIABILITY. A parent or other person who has |
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the duty of control and reasonable discipline of a child is liable |
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for any property damage proximately caused by: |
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(1) the negligent conduct of the child if the conduct |
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is reasonably attributable to the negligent failure of the parent |
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or other person to exercise that duty; or |
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(2) the wilful and malicious conduct of a child who is |
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[at least 10 years of age but] under 18 years of age. |
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Sec. 41.002. LIMIT OF DAMAGES. Recovery for property |
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damage caused by wilful and malicious conduct is limited to actual |
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damages, not to exceed $25,000 per occurrence, plus court costs and |
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reasonable attorney's fees. |
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SECTION 10. This Act takes effect September 1, 2011. |