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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. This Act shall be
known as David's Law.
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SECTION 1. Same as introduced
version.
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SECTION 2. Section 37.0832,
Education Code, is amended by amending Subsections (a), (c), (d), and (e)
and adding Subsection (a-1) to read as follows:
(a) In this section:
(1) "Bullying":
(A) [,
"bullying"] means a single significant act or a pattern of
acts by one or more students directed at another student that exploits an
imbalance of power and involves[, subject to Subsection (b),]
engaging in written or verbal expression, expression through electronic
means, or physical conduct, that satisfies the applicability
requirements provided by Subsection (a-1), [that occurs on school
property, at a school-sponsored or school-related activity, or in a vehicle
operated by the district] and that:
(i) [(1)] has
the effect or will have the effect of physically harming a student, causing a student to experience substantial
negative mental health effects, damaging a student's property,
or placing a student in reasonable fear of harm to the student's person or
of damage to the student's property; [or]
(ii) [(2)] is
sufficiently severe, persistent, and
pervasive enough that the action or threat creates an intimidating,
threatening, or abusive educational environment for a student;
(iii) materially and
substantially disrupts the educational process or the orderly operation of
a classroom or school; or
(iv) infringes on the
rights of the victim at school; and
(B) includes cyberbullying.
(2) "Cyberbullying"
means bullying that is done through the use of electronic communication,
including through the use of a cellular or other type of telephone, a
computer, a pager, a camera,
electronic mail, instant messaging, text messaging, a social media
application, Internet website, or other Internet-based communication tool.
(a-1) This section applies
to:
(1) bullying that occurs
on or is delivered to school
property or to the site of a
school-sponsored or school-related activity on or off school property;
(2) bullying that occurs on a publicly or privately owned school
bus or van being used for transportation of students to or from school or a
school-sponsored or school-related activity; and
(3) cyberbullying that occurs off school property or outside of
a school-sponsored or school-related activity if the cyberbullying:
(A) interferes with a student's educational opportunities; or
(B) substantially disrupts the orderly operation of a classroom,
school, or school-sponsored or school-related activity.
(c) The board of trustees of
each school district and the
governing body of each open-enrollment charter school or private school
shall adopt a policy, including any necessary procedures, concerning
bullying that:
(1) prohibits the bullying and cyberbullying of a student;
(2) prohibits retaliation
against any person, including a victim, a witness, or another person, who
in good faith provides information concerning an incident of bullying;
(3) establishes a procedure
for providing notice of an incident of bullying to a parent or guardian of
the victim and a parent or guardian of the bully not later than the next school day [within a reasonable amount of time]
after the incident is reported;
(4) establishes the actions a
student should take to obtain assistance and intervention in response to
bullying;
(5) sets out the available
counseling options for a student who is a victim of or a witness to
bullying or who engages in bullying;
(6) establishes procedures
for reporting an incident of bullying, including procedures for a
student, parent, teacher, or
administrator to anonymously report an incident of bullying,
investigating a reported incident of bullying, and determining whether the
reported incident of bullying occurred;
(7) prohibits the imposition
of a disciplinary measure on a student who, after an investigation, is
found to be a victim of bullying, on the basis of that student's use of
reasonable self-defense in response to the bullying; and
(8) requires that discipline
for bullying of a student with disabilities comply with applicable
requirements under federal law, including the Individuals with Disabilities
Education Act (20 U.S.C. Section 1400 et seq.).
(d)
The policy and any necessary procedures adopted under Subsection (c) must
be included:
(1)
annually, in any [the] student and employee [school
district] handbooks; and
(2)
in the district improvement plan under Section 11.252.
(e)
The procedure for reporting bullying established under Subsection (c) must
be posted on the district's or school's Internet website to the
extent practicable.
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SECTION 2. Section 37.0832,
Education Code, is amended by amending Subsections (a) and (c) and adding
Subsection (a-1) to read as follows:
(a) In this section:
(1) "Bullying":
(A) [,
"bullying"] means a single significant act or a pattern of
acts by one or more students directed at another student that exploits an
imbalance of power and involves[, subject to Subsection (b),]
engaging in written or verbal expression, expression through electronic
means, or physical conduct, that satisfies the applicability
requirements provided by Subsection (a-1), [that occurs on school
property, at a school-sponsored or school-related activity, or in a vehicle
operated by the district] and that:
(i) [(1)] has
the effect or will have the effect of physically harming a student,
damaging a student's property, or placing a student in reasonable fear of
harm to the student's person or of damage to the student's property; [or]
(ii) [(2)] is
sufficiently severe, persistent, or
[and] pervasive enough that the action or threat creates an
intimidating, threatening, or abusive educational environment for a student;
(iii) materially and
substantially disrupts the educational process or the orderly operation of
a classroom or school; or
(iv) infringes on the
rights of the victim at school; and
(B) includes cyberbullying.
(2) "Cyberbullying"
means bullying that is done through the use of electronic communication,
including through the use of a cellular or other type of telephone, a
computer, a camera, electronic mail, instant messaging, text messaging, a
social media application, an Internet website, or any other Internet-based
communication tool.
(a-1) This section applies
to bullying that occurs on school property or at
the site of a school-sponsored or school-related activity on or off school
property if the bullying:
(1) interferes with a student's educational opportunities; or
(2) substantially disrupts the orderly operation of a classroom,
school, or school-sponsored or school-related activity.
(c) The board of trustees of
each school district shall adopt a policy, including any necessary
procedures, concerning bullying that:
(1) prohibits the bullying of
a student;
(2) prohibits retaliation
against any person, including a victim, a witness, or another person, who
in good faith provides information concerning an incident of bullying;
(3) establishes a procedure
for providing notice of an incident of bullying to a parent or guardian of
the alleged victim and a
parent or guardian of the alleged
bully within a reasonable amount of time
after the incident;
(4) establishes the actions a
student should take to obtain assistance and intervention in response to
bullying;
(5) sets out the available
counseling options for a student who is a victim of or a witness to
bullying or who engages in bullying;
(6) establishes procedures
for reporting an incident of bullying, including procedures for a
student to anonymously report an incident of bullying, investigating a
reported incident of bullying, and determining whether the reported
incident of bullying occurred;
(7) prohibits the imposition
of a disciplinary measure on a student who, after an investigation, is
found to be a victim of bullying, on the basis of that student's use of
reasonable self-defense in response to the bullying; and
(8) requires that discipline
for bullying of a student with disabilities comply with applicable
requirements under federal law, including the Individuals with Disabilities
Education Act (20 U.S.C. Section 1400 et seq.).
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SECTION 3. Subchapter A,
Chapter 37, Education Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Subchapter A,
Chapter 37, Education Code, is amended by adding Section 37.0151 to read as
follows:
Sec. 37.0151. REPORT TO
LOCAL LAW ENFORCEMENT REGARDING CERTAIN CONDUCT CONSTITUTING ASSAULT OR
HARASSMENT; LIABILITY. (a) The principal of a public or private primary or
secondary school, or a person designated by the principal under Subsection
(c), shall make a report to any school district police department and the
police department of the municipality in which the school is located or, if
the school is not in a municipality, the sheriff of the county in which the
school is located if the principal has reasonable grounds to believe that a
student engaged in conduct that constitutes an offense under Section 22.01
or 42.07(a)(7), Penal Code.
(b) A person who makes a
report under this section shall include the name and address of each
student the person believes may have participated in the conduct.
(c) The principal of a
public or private primary or secondary school may designate a school
employee, other than a school counselor, who is under the supervision of
the principal to make the report under this section.
(d) A person is not liable
in civil damages for making a report in good faith under this section.
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No
equivalent provision.
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SECTION 5. Sections
37.218(a)(1) and (2), Education Code, are amended.
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SECTION 4. Same as introduced
version.
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No
equivalent provision.
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SECTION 5. Section 12.104(b),
Education Code, is amended to read as follows:
(b) An open-enrollment
charter school is subject to:
(1) a provision of this title
establishing a criminal offense; and
(2) a prohibition,
restriction, or requirement, as applicable, imposed by this title or a rule
adopted under this title, relating to:
(A) the Public Education
Information Management System (PEIMS) to the extent necessary to monitor
compliance with this subchapter as determined by the commissioner;
(B) criminal history records
under Subchapter C, Chapter 22;
(C) reading instruments and
accelerated reading instruction programs under Section 28.006;
(D) accelerated instruction
under Section 28.0211;
(E) high school graduation
requirements under Section 28.025;
(F) special education
programs under Subchapter A, Chapter 29;
(G) bilingual education under
Subchapter B, Chapter 29;
(H) prekindergarten programs
under Subchapter E or E-1, Chapter 29;
(I) extracurricular
activities under Section 33.081;
(J) discipline management practices
or behavior management techniques under Section 37.0021;
(K) health and safety under
Chapter 38;
(L) public school
accountability under Subchapters B, C, D, E, F, G, and J, Chapter 39;
(M) the requirement under
Section 21.006 to report an educator's misconduct;
(N) intensive programs of
instruction under Section 28.0213; [and]
(O) the right of a school
employee to report a crime, as provided by Section 37.148; and
(P) bullying prevention
policies and procedures under Section 37.0832.
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No
equivalent provision.
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SECTION 6. Section 21.054,
Education Code, is amended by adding Subsections (d-2) and (e-2) to read as
follows:
(d-2) Continuing education
requirements for a classroom teacher may include instruction regarding how
grief and trauma affect student learning and behavior and how
evidence-based, grief-informed, and trauma-informed strategies support the
academic success of students affected by grief and trauma.
(e-2) Continuing education
requirements for a principal may include instruction regarding how grief
and trauma affect student learning and behavior and how evidence-based,
grief-informed, and trauma-informed strategies support the academic success
of students affected by grief and trauma.
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No
equivalent provision.
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SECTION 7. Subchapter J,
Chapter 21, Education Code, is amended by adding Section 21.462 to read as
follows:
Sec. 21.462. RESOURCES
REGARDING STUDENTS WITH MENTAL HEALTH NEEDS. The agency, in coordination
with the Health and Human Services Commission, shall establish and maintain
an Internet website to provide resources for school district or
open-enrollment charter school employees regarding working with students
with mental health conditions. The agency must include on the Internet
website information about:
(1) grief-informed and
trauma-informed practices;
(2) building skills
related to managing emotions, establishing and maintaining positive
relationships, and responsible decision-making;
(3) positive behavior
interventions and supports; and
(4) a safe and supportive
school climate.
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SECTION 6. Section 33.006(b),
Education Code, is amended to read as follows:
(b) In addition to a school
counselor's responsibility under Subsection (a), the school counselor
shall:
(1) participate in planning,
implementing, and evaluating a comprehensive developmental guidance program
to serve all students and to address the special needs of students:
(A) who are at risk of
dropping out of school, becoming substance abusers, participating in gang
activity, or committing suicide;
(B) who are in need of
modified instructional strategies; or
(C) who are gifted and
talented, with emphasis on identifying and serving gifted and talented
students who are educationally disadvantaged;
(2) consult with a student's
parent or guardian and make referrals as appropriate in consultation with
the student's parent or guardian;
(3) consult with school
staff, parents, and other community members to help them increase the
effectiveness of student education and promote student success;
(4) coordinate people and resources
in the school, home, and community;
(5) with the assistance of
school staff, interpret standardized test results and other assessment data
that help a student make educational and career plans; [and]
(6) deliver classroom
guidance activities or serve as a consultant to teachers conducting lessons
based on the school's guidance curriculum; and
(7) serve as an impartial mediator for interpersonal conflicts
involving two or more students, including accusations of bullying or cyberbullying under Section 37.0832.
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SECTION 8. Section 33.006(b),
Education Code, is amended to read as follows:
(b) In addition to a school
counselor's responsibility under Subsection (a), the school counselor
shall:
(1) participate in planning,
implementing, and evaluating a comprehensive developmental guidance program
to serve all students and to address the special needs of students:
(A) who are at risk of
dropping out of school, becoming substance abusers, participating in gang
activity, or committing suicide;
(B) who are in need of
modified instructional strategies; or
(C) who are gifted and
talented, with emphasis on identifying and serving gifted and talented
students who are educationally disadvantaged;
(2) consult with a student's
parent or guardian and make referrals as appropriate in consultation with
the student's parent or guardian;
(3) consult with school
staff, parents, and other community members to help them increase the
effectiveness of student education and promote student success;
(4) coordinate people and
resources in the school, home, and community;
(5) with the assistance of
school staff, interpret standardized test results and other assessment data
that help a student make educational and career plans; [and]
(6) deliver classroom
guidance activities or serve as a consultant to teachers conducting lessons
based on the school's guidance curriculum; and
(7) serve as an impartial,
nonreporting resource for
interpersonal conflicts and discord
involving two or more students, including accusations of bullying under
Section 37.0832.
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SECTION 7. Chapter 18, Civil
Practice and Remedies Code, is amended by adding Subchapter E to read as
follows:
SUBCHAPTER E. SUBPOENAS
Sec. 18.101. PRE-SUIT
SUBPOENAS FOR CERTAIN CLAIMS INVOLVING MINORS. (a) The supreme court shall
adopt rules of civil procedure providing for the issuance of a pre-suit
subpoena to:
(1) investigate a
potential claim involving an injury to or death of a minor; or
(2) perpetuate or obtain
evidence or testimony from any person for use in an anticipated action
involving an injury to or death of a minor.
(b) The rules must:
(1) allow a party to
request a subpoena to compel an oral or written deposition, the production
of electronic or magnetic data, or the production of documents or tangible
things; and
(2) require that a
responding party provide any electronic or magnetic data or documentary or
tangible evidence to the court under seal for the court to determine, after
notice, hearing, and an in camera inspection, if the evidence should be
released to the requesting party.
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No
equivalent provision.
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SECTION 8. Title 4, Civil
Practice and Remedies Code, is amended by adding Chapter 100B to read as
follows:
CHAPTER 100B. LIABILITY
FOR CERTAIN BULLYING OF CHILD
Sec. 100B.001. DEFINITIONS.
In this chapter:
(1) "Bullying
communication" means written or oral expression, expression by means
of electronic communication, or non-verbal expression:
(A) that consists of
multiple communications:
(i) with respect to which
the individual making the communication acts intentionally and with malice;
(ii) where the
communications:
(a) when taken together,
were extreme and outrageous in light of the content, manner, time, place,
and number of such communications; or
(b) were harassing and
offensive, and the individual making the communication acts was acting in
concert with two or more other persons whose communications directed at the
recipient the individual making the communication acts knew to be harassing
and offensive, if such communications by the individual making the
communication acts and such other persons, when taken together, were
extreme and outrageous in light of the manner, time, place, and number of
such communications; and
(iii) with respect to
which the actions of the individual making the communication caused, or if
made in concert with other persons as provided in clause (1)(A)(ii)(b) of
this Section, contributed to causing, the recipient to suffer severe
emotional distress; or
(B) in which the
individual making the communication:
(i) urges or incites the
recipient to commit or attempt to commit suicide;
(ii) threatens to make
available to any third party, whether or not specified, by electronic
communication or otherwise, intimate visual material of or depicting the
recipient of the bullying communication; or
(iii) threatens bodily
injury to the recipient or a member of the recipient's family.
(2) "Claimant"
means a party seeking to recover damages under this chapter, including a plaintiff,
counterclaimant, cross-claimant, or third-party plaintiff, and includes a
party seeking recovery of damages under this chapter on behalf of another
person and the person on whose behalf the damages are sought.
(3) "Defendant"
includes any party from whom a claimant seeks recovery of damages under
this chapter, and includes a person from whom a claimant seeks recovery
under Section 100B.005 and the child who engaged in the actionable bullying
that is the subject of the action in which recovery is sought.
(4) "Electronic
communication" means a transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature transmitted wholly or partly by
a wire, radio, electromagnetic, photoelectronic, or photo-optical system
including through the use of a cellular or other type of telephone,
facsimile machine, a computer, a pager, a camera, electronic mail, instant
messaging, text messaging, a social media application, Internet website, or
other Internet-based communication tool.
(5) "Family" has
the meaning assigned by Section 71.003, Family Code.
(6) "Interactive
service" means an information service, system, wireless telephone and
text message service, or access software provider that provides or enables
electronic communication through computer or wireless telephone access by
multiple users to a computer server or wireless telephone network,
including a system that provides access to the Internet or wireless
telephones.
(7) "Intimate visual
material" has the meaning assigned by Section 98B.001, Civil Practice
and Remedies Code.
Sec. 100B.002. ACTIONABLE
BULLYING. A person engages in actionable bullying for the purposes of this
chapter if the person directs bullying communication toward a single
recipient who, at the time of the bullying communication, is younger than
18 years of age.
Sec. 100B.003. LIABILITY. A
defendant is liable to a claimant as provided by this chapter if the
claimant shows that the defendant engaged in actionable bullying directed
toward the claimant.
Sec. 100B.004. DAMAGES. (a)
A claimant who prevails in a suit under this chapter may recover actual
damages for all physical, mental, or emotional injury caused by, resulting
from, or arising out of the actionable bullying that is the subject of the
suit. The claimant may recover actual damages for mental anguish even if an
injury other than mental anguish is not shown.
(b) Except as provided by
Subsection (c), in addition to damages awarded under Subsection (a), a
claimant who prevails in a suit under this chapter may recover:
(1) exemplary damages; and
(2) court costs and
reasonable attorney's fees.
(c) Instead of recovering
exemplary damages under Subsection (b), a claimant who prevails in a suit
under this chapter may elect to treble the amount that would otherwise be
awarded under Subsection (a), not to exceed $75,000.00 under this
subsection (c) per actionable claim, if the claimant shows that:
(1) the defendant used an
interactive service to transfer electronic communication to the claimant
that constituted actionable bullying; and
(2) the defendant knew
that two or more other persons were using that interactive service to
transfer electronic communication that constituted actionable bullying as
to the claimant within 24 hours of each transfer by the defendant described
by Subdivision (1).
Sec. 100B.005. PARENTAL
RESPONSIBILITY. A parent or other person who has the duty of control and
reasonable discipline of a child who engages in actionable bullying
directed toward the claimant is liable to the claimant for:
(1) the lesser of:
(A) damages recoverable by
the claimant under Section 100B.004, including exemplary damages or
multiplied damages, as applicable; or
(B) $50,000; and
(2) court costs and
reasonable attorney's fees.
Sec. 100B.006. INJUNCTIVE
RELIEF. If a defendant is found liable under this chapter, a court may
order any injunctive relief sought by the claimant that the court
determines is appropriate under the circumstances.
Sec. 100B.007. DEFENSE. It
is a defense to liability under this chapter that the defendant was engaged
in conduct that constituted a constitutionally protected exercise of the
defendant's rights to free speech.
Sec. 100B.008. CAUSE OF
ACTION CUMULATIVE. The cause of action created by this chapter is
cumulative of any other remedy provided by common law or statute.
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No
equivalent provision. (But see SECTION 9 below.)
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SECTION 9. Chapter 22, Penal
Code, is amended by adding Section 22.081 to read as follows:
Sec. 22.081. INDUCING SUICIDE
OR ATTEMPTED SUICIDE OF A MINOR BY NONPHYSICAL BULLYING.
Sec 22.081. DEFINITIONS. In
this section:
(1) "Electronic
communication" has the meaning assigned by Section 42.07(b)(1), Penal
Code.
(2) "Intimate
parts," "sexual conduct," and "visual material"
have the meanings assigned by Section 21.16, Penal Code.
(3) "Intimate visual
material" means visual material that depicts a person:
(A) with the person's
intimate parts exposed; or
(B) engaged in sexual
conduct.
(4) "Suicide
baiting" means a communication by a person directed at another by
written or verbal expression, expression through an electronic
communication, or non-verbal expression, that urges or incites the other to
commit or attempt to commit suicide.
(a) A person commits an
offense if such person intentionally and with malice directs one or more
communications toward a child younger than 18 years of age by written or
oral expression, expression through electronic communications, or nonverbal
expression, and such communication was, or such communications when taken
together were, harassing, extreme and outrageous in light of the content,
number, manner, time, and place of such communication or communications;
and
(1) the actor's conduct
causes the suicide, or the attempted suicide of such child that results in
serious bodily injury; or
(2) the actor was acting
in concert with two or more other persons whose communications directed at
such child the actor knew to be harassing, extreme and outrageous in light
of the content, number, manner, time, and place of such other
communications, and the cumulative effect of such communication or
communications by the actor and such communications by such other persons
was to cause the suicide of such child, or the attempted suicide of such
child that results in serious bodily injury.
(b) A person commits an
offense if such person intentionally and with malice directs one or more
communications toward a child younger than 18 years of age by written or
oral expression, expression through electronic communications, or
non-verbal expression, and in such communication or communications the
person threatened to make available to any third party, whether or not
specified, by electronic communication, or otherwise, intimate visual
material of or depicting such child, and such conduct by the actor causes
the suicide of such child, or the attempted suicide of such child that
results in serious bodily injury.
(c) An offense under this
section is a Class A misdemeanor.
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No
equivalent provision.
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No
equivalent provision. (But see SECTION 8 above.)
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SECTION 9. Title 6, Civil
Practice and Remedies Code, is amended by adding Chapter 129A to read as
follows:
CHAPTER 129A. RELIEF FOR
CYBERBULLYING OF CHILD
Sec. 129A.001. DEFINITION.
In this chapter, "cyberbullying" has the meaning assigned by
Section 37.0832(a), Education Code.
Sec. 129A.002. INJUNCTIVE
RELIEF. (a) A recipient of cyberbullying behavior who is younger than 18
years of age at the time the cyberbullying occurs or a parent of or person
standing in parental relation to the recipient may seek injunctive relief
under this chapter against the individual who was cyberbullying the
recipient or, if the individual is younger than 18 years of age, against a
parent of or person standing in parental relation to the individual.
(b) A court may issue a
temporary restraining order, temporary injunction, or permanent injunction
appropriate under the circumstances to prevent any further cyberbullying,
including an order or injunction:
(1) enjoining a defendant
from engaging in cyberbullying; or
(2) compelling a defendant
who is a parent of or person standing in parental relation to an individual
who is younger than 18 years of age to take reasonable actions to cause the
individual to cease engaging in cyberbullying.
(c) A plaintiff in an
action for injunctive relief brought under this section is entitled to a
temporary restraining order on showing that the plaintiff is likely to
succeed in establishing that the individual was cyberbullying the
recipient. The plaintiff is not required to plead or prove that, before
notice can be served and a hearing can be held, immediate and irreparable
injury, loss, or damage is likely to result from past or future
cyberbullying by the individual against the recipient.
(d) A plaintiff is
entitled to a temporary or permanent injunction under this section on
showing that the individual was cyberbullying the recipient.
(e) A temporary
restraining order or temporary injunction granted under this section shall
order the preservation of any relevant electronic communication. The
temporary restraining order or temporary injunction is not required to:
(1) define the injury or
state why it is irreparable;
(2) state why the order
was granted without notice; or
(3) include an order
setting the cause for trial on the merits with respect to the ultimate
relief requested.
Sec. 129A.003. PROMULGATION
OF FORMS. (a) The supreme court shall, as the court finds appropriate,
promulgate forms for use as an application for initial injunctive relief by
individuals representing themselves in suits involving cyberbullying and
instructions for the proper use of each form or set of forms.
(b) The forms and
instructions:
(1) must be written in
language that is easily understood by the general public;
(2) shall be made readily
available to the general public in the manner prescribed by the supreme court;
and
(3) must be translated
into the Spanish language.
(c) The Spanish language
translation of a form must:
(1) state:
(A) that the Spanish
language translated form is to be used solely for the purpose of assisting
in understanding the form and may not be submitted to the court; and
(B) that the English
language version of the form must be submitted to the court; or
(2) be incorporated into
the English language version of the form in a manner that is understandable
to both the court and members of the general public.
(d) Each form and its
instructions must clearly and conspicuously state that the form is not a
substitute for the advice of an attorney.
(e) The attorney general
and the clerk of a court shall inform members of the general public of the
availability of a form promulgated by the supreme court under this section
as appropriate and make the form available free of charge.
(f) A court shall accept a
form promulgated by the supreme court under this section unless the form
has been completed in a manner that causes a substantive defect that cannot
be cured.
Sec. 129A.004. ATTORNEY'S
FEES AND COSTS. In a proceeding under this chapter, the court may award to
any claimant or defendant costs and reasonable and necessary attorney's
fees as are equitable and just. The amount awarded to any party under this
section for attorney's fees may not exceed $5,000.
Sec. 129A.005. INAPPLICABILITY.
(a) An action filed under this chapter may not be joined with an action
filed under Title 1, 4, or 5, Family Code.
(b) Chapter 27 does not
apply to an action under this chapter.
Sec. 129A.006. CERTAIN
CONDUCT EXCEPTED. This chapter does not apply to a claim brought against an
interactive computer service, as defined by 47 U.S.C. Section 230, for
cyberbullying.
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No
equivalent provision.
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SECTION 10. Sections
161.325(a-1), (d), (e), (f), and (i), Health and Safety Code, are amended
to read as follows:
(a-1) The list must include
programs in the following areas:
(1) early mental health
intervention;
(2) mental health promotion [and
positive youth development];
(3) substance abuse
prevention;
(4) substance abuse
intervention; [and]
(5) suicide prevention;
(6) grief-informed and
trauma-informed practices;
(7) building skills
related to managing emotions, establishing and maintaining positive
relationships, and responsible decision-making;
(8) positive behavior
interventions and supports and positive youth development; and
(9) safe and supportive
school climate.
(d) A [The board of
trustees of each] school district shall develop practices and
procedures [may adopt a policy] concerning each area listed
in Subsection (a-1), including mental health promotion and
intervention, substance abuse prevention and intervention, and suicide
prevention that:
(1) includes [establishes]
a procedure for providing notice of a recommendation for early mental
health or substance abuse intervention regarding a student to a parent or
guardian of the student within a reasonable amount of time after the
identification of early warning signs as described by Subsection (b)(2);
(2) includes [establishes]
a procedure for providing notice of a student identified as at risk of
committing suicide to a parent or guardian of the student within a
reasonable amount of time after the identification of early warning signs
as described by Subsection (b)(2);
(3) establishes that the
district may develop a reporting mechanism and may designate at least one
person to act as a liaison officer in the district for the purposes of
identifying students in need of early mental health or substance abuse
intervention or suicide prevention; and
(4) sets out available
counseling alternatives for a parent or guardian to consider when their
child is identified as possibly being in need of early mental health or
substance abuse intervention or suicide prevention.
(e) The practices and
procedures developed under Subsection (d) [policy] must prohibit
the use without the prior consent of a student's parent or guardian of a
medical screening of the student as part of the process of identifying
whether the student is possibly in need of early mental health or substance
abuse intervention or suicide prevention.
(f) The practices [policy]
and [any necessary] procedures developed [adopted]
under Subsection (d) must be included in:
(1) the annual student
handbook; and
(2) the district improvement
plan under Section 11.252, Education Code.
(i) Nothing in this section
is intended to interfere with the rights of parents or guardians and the
decision-making regarding the best interest of the child. Practices
[Policy] and procedures developed [adopted] in
accordance with this section are intended to notify a parent or guardian of
a need for mental health or substance abuse intervention so that a parent
or guardian may take appropriate action. Nothing in this section shall be
construed as giving school districts the authority to prescribe
medications. Any and all medical decisions are to be made by a parent or
guardian of a student.
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No
equivalent provision.
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SECTION 11. Sections 42.07(a)
and (c), Penal Code, are amended to read as follows:
(a) A person commits an
offense if, with intent to harass, annoy, alarm, abuse, torment, or
embarrass another, the person:
(1) initiates communication
and in the course of the communication makes a comment, request, suggestion,
or proposal that is obscene;
(2) threatens, in a manner
reasonably likely to alarm the person receiving the threat, to inflict
bodily injury on the person or to commit a felony against the person, a
member of the person's family or household, or the person's property;
(3) conveys, in a manner
reasonably likely to alarm the person receiving the report, a false report,
which is known by the conveyor to be false, that another person has
suffered death or serious bodily injury;
(4) causes the telephone of
another to ring repeatedly or makes repeated telephone communications
anonymously or in a manner reasonably likely to harass, annoy, alarm,
abuse, torment, embarrass, or offend another;
(5) makes a telephone call
and intentionally fails to hang up or disengage the connection;
(6) knowingly permits a
telephone under the person's control to be used by another to commit an
offense under this section; [or]
(7) sends repeated electronic
communications in a manner reasonably likely to harass, annoy, alarm, abuse,
torment, embarrass, or offend another; or
(8) engages in bullying,
as that term is defined by Section 37.0832(a), Education Code.
(c) An offense under this
section is a Class B misdemeanor, except that the offense is a Class A
misdemeanor if the actor:
(1) has previously
been convicted under this section; or
(2) engages in the conduct
described by Subsection (a)(8) and:
(A) the actor has
previously violated a temporary restraining order or injunction issued
under Chapter 129A, Civil Practice and Remedies Code; or
(B) the actor's conduct
results in serious bodily injury or death.
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SECTION 10. Section
42.07(b)(1), Penal Code, is amended to read as follows:
(1) "Electronic
communication" means a transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature transmitted in whole or in part
by a wire, radio, electromagnetic, photoelectronic, or photo-optical
system. The term includes:
(A) a communication initiated
by electronic mail, instant
message, Internet website, social media application, network call, [or]
facsimile machine, or other Internet-based communication tool; and
(B) a communication made to a
pager.
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SECTION 12. Section
42.07(b)(1), Penal Code, is amended to read as follows:
(1) "Electronic
communication" means a transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature transmitted in whole or in part
by a wire, radio, electromagnetic, photoelectronic, or photo-optical
system. The term includes:
(A) a communication initiated
through the use of [by] electronic mail, instant
message, network call, a cellular or
other type of telephone, a computer, a camera, text message, a
social media platform or
application, an Internet website, any other Internet-based communication
tool, or facsimile machine; and
(B) a communication made to a
pager.
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SECTION 11. Section
37.0832(b), Education Code, is repealed.
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SECTION 13. Same as
introduced version.
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SECTION 12. Chapter 100B,
Civil Practice and Remedies Code, as added by this Act, applies only with
respect to bullying communications engaged in on or after the effective
date of this Act.
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No
equivalent provision.
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SECTION 13. The change in law
made by this Act applies only to an offense committed or conduct violating
a penal law of this state that occurs on or after the effective date of
this Act. An offense committed or conduct that occurs before the effective
date of this Act is governed by the law in effect on the date the offense
was committed or conduct occurred, and the former law is continued in
effect for that purpose. For purposes of this section, an offense was
committed or conduct violating a penal law of this state occurred before
the effective date of this Act if any element of the offense or conduct
occurred before that date.
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SECTION 14. Same as
introduced version.
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No
equivalent provision.
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SECTION 15. It is the intent
of the legislature that every provision, section, subsection, sentence,
clause, phrase, or word in this Act, and every application of the
provisions in this Act to each person or entity, are severable from each
other. If any application of any provision in this Act to any person, group
of persons, or circumstances is found by a court to be invalid for any
reason, the remaining applications of that provision to all other persons
and circumstances shall be severed and may not be affected.
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SECTION 14. This Act takes
effect September 1, 2017.
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SECTION 16. Same as
introduced version.
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