82R7879 CAS-D
 
  By: Pickett H.B. No. 3440
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creation of an offense of bullying of a school district
  employee by a student.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 37, Education Code, is
  amended by adding Section 37.127 to read as follows:
         Sec. 37.127.  OFFENSE: BULLYING OF SCHOOL DISTRICT EMPLOYEE
  BY STUDENT. (a)  A student commits an offense if the student
  knowingly engages in written or verbal expression, communication
  through electronic means, or physical conduct directed at a school
  district employee in retaliation for or as a result of the
  employee's employment or association with a school district,
  without regard to whether the conduct occurs on or off of school
  property or while attending a school-sponsored or school-related
  activity on or off of school property, that:
               (1)  will have the effect of physically or mentally
  harming the employee, damaging the employee's property, or placing
  the employee in reasonable fear of harm to the employee's person or
  of damage to the employee's property; or
               (2)  is sufficiently severe, persistent, or pervasive
  enough that the action or threat creates an intimidating,
  threatening, or abusive professional environment for the employee.
         (b)  An offense under this section is a Class B misdemeanor.
         (c)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the
  student may be prosecuted under this section or the other law.
         SECTION 2.  This Act takes effect September 1, 2011.