SENATE ENGROSSED
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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 engrossed
version.
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SECTION 2. Section 37.0832,
Education Code, is amended by amending Subsections (a) and (c) and adding
Subsections (a-1) and (f) 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 any electronic communication device, 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:
(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 vehicle 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 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) a parent or
guardian of the alleged victim not
later than the next school day after the incident is reported;
and
(B) 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, 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.).
(f) Each school district may establish a district-wide policy to
assist in the prevention and mediation of bullying incidents between
students that:
(1) interfere with a student's educational opportunities; or
(2) substantially disrupt the orderly operation of a classroom,
school, or school-sponsored or school-related activity.
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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:
(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 vehicle 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 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 by adding Section 37.0052 to read as
follows:
Sec. 37.0052. PLACEMENT OR
EXPULSION OF STUDENTS WHO HAVE ENGAGED IN CERTAIN BULLYING BEHAVIOR. (a) In
this section:
(1) "Bullying"
has the meaning assigned by Section 37.0832.
(2) "Intimate visual
material" has the meaning assigned by Section 98B.001, Civil Practice
and Remedies Code.
(b) A student may be
removed from class and placed in a disciplinary alternative education
program as provided by Section 37.008 or expelled if the student:
(1) engages in bullying
that encourages a student to
commit or attempt to commit suicide;
(2) incites violence
against a student through group
bullying; or
(3) releases or threatens
to release intimate visual material of a minor or a student who is 18 years
of age or older without the student's consent.
(c) Nothing in this
section exempts a school from reporting a finding of intimate visual
material of a minor.
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SECTION 3. Subchapter A,
Chapter 37, Education Code, is amended by adding Section 37.0052 to read as
follows:
Sec. 37.0052. PLACEMENT OR
EXPULSION OF STUDENTS WHO HAVE ENGAGED IN CERTAIN BULLYING BEHAVIOR. (a) In
this section:
(1) "Bullying"
has the meaning assigned by Section 37.0832.
(2) "Intimate visual
material" has the meaning assigned by Section 98B.001, Civil Practice
and Remedies Code.
(b) A student may be
removed from class and placed in a disciplinary alternative education
program as provided by Section 37.008 or expelled if the student:
(1) engages in bullying
that encourages a minor to commit
or attempt to commit suicide;
(2) incites violence
against a minor through group
bullying; or
(3) releases or threatens
to release intimate visual material of a minor or a student who is 18 years
of age or older without the student's consent.
(c) Nothing in this
section exempts a school from reporting a finding of intimate visual
material of a minor.
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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 primary or secondary
school, or a person designated by the principal under Subsection (c), may
make a report to any school district police department, if applicable, or
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, after an investigation is completed, 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 may include the name and address of each student
the person believes may have participated in the conduct.
(c) The principal of a
public 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 who is not a
school employee but is employed by an entity that contracts with a district
or school to use school property is not required to make a report under
this section and may not be designated by the principal of a public primary
or secondary school to make a report. A person who voluntarily makes a
report under this section is immune from civil or criminal liability.
(e) A person who takes any
action under this section is immune from civil or criminal liability or
disciplinary action resulting from that action.
(f) Notwithstanding any
other law, this section does not create a civil, criminal, or
administrative cause of action or liability or create a standard of care,
obligation, or duty that provides a basis for a cause of action for an act
under this section.
(g) A school district and
school personnel and school volunteers are immune from suit resulting from
an act under this section, including an act under related policies and
procedures.
(h) An act by school
personnel or a school volunteer under this section, including an act under
related policies and procedures, is the exercise of judgment or discretion
on the part of the school personnel or school volunteer and is not
considered to be a ministerial act for purposes of liability of the school
district or the district's employees.
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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 engrossed
version.
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SECTION 6. 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;
(P) bullying prevention
policies and procedures under Section 37.0832;
(Q) the right of a school under Section 37.0052 to place a
student who has engaged in certain bullying behavior in a disciplinary
alternative education program or to expel the student; and
(R) the requirement under Section 37.0151 to report to local law
enforcement certain conduct constituting harassment.
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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 7. Section 33.006,
Education Code, is amended by amending Subsection (b) and adding Subsection
(c) 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 conciliator for
interpersonal conflicts and discord involving two or more students arising out of accusations of bullying
under Section 37.0832.
(c) Nothing in Subsection (b)(7) exempts a school counselor from
any mandatory reporting requirements imposed by other provisions of law.
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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 8. 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 court granting a temporary restraining
order or temporary injunction under this section may, on motion of either party or sua sponte, 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 make the forms 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. 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.005. 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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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. 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.005. 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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SECTION 9. Section 42.07(b)(1),
Penal Code, is amended.
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SECTION 12. Same as engrossed
version.
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SECTION 10. Section 42.07(c),
Penal Code, is amended to read as follows:
(c) An offense under this
section is a Class B misdemeanor, except that the offense is a Class A
misdemeanor if:
(1) the actor has
previously been convicted under this section; or
(2) the offense was committed under Subsection (a)(7) against a
child under 18 years of age with the intent that the child:
(A) commit suicide; or
(B) engage in conduct causing serious bodily injury to the child.
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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 11. Section
37.0832(b), Education Code, is repealed.
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SECTION 13. Same as engrossed
version.
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SECTION 12. Chapter 129A,
Civil Practice and Remedies Code, as added by this Act, applies only to a
cause of action that accrues on or after the effective date of this Act. A
cause of action that accrues before the effective date of this Act is
governed by the law in effect immediately before that date, and that law is
continued in effect for that purpose.
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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 engrossed
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 engrossed
version.
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