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A BILL TO BE ENTITLED
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AN ACT
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relating to the definitions of bullying and harassment and the |
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behavior of students in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.001(b)(2), Education Code, is amended |
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to read as follows: |
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(2) "Harassment": |
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(A) means threatening to cause harm or bodily |
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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; and |
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(B) includes conduct described by Paragraph (A) |
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that is based on the actual or perceived race, color, national |
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origin, sex, disability, sexual orientation, gender identity or |
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expression, religion, or any other distinguishing characteristic |
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of a student or of a person with whom a student associates. |
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SECTION 2. Section 37.0832(a)(1), Education Code, is |
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amended to read as follows: |
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(1) "Bullying": |
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(A) means a single significant act or a pattern |
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of acts by one or more students directed at another student that |
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exploits an imbalance of power and involves engaging in written or |
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verbal expression, expression through electronic means, or |
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physical conduct that satisfies the applicability requirements |
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provided by Subsection (a-1), and that: |
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(i) has the effect or will have the effect |
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of physically 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; |
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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; |
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(iii) materially and substantially |
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disrupts the educational process or the orderly operation of a |
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classroom or school; or |
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(iv) infringes on the rights of the victim |
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at school; and |
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(B) includes: |
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(i) cyberbullying; and |
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(ii) conduct described by Paragraph (A) |
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that is based on the actual or perceived race, color, national |
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origin, sex, disability, sexual orientation, gender identity or |
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expression, religion, or any other distinguishing characteristic |
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of a student or of a person with whom a student associates. |
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SECTION 3. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |