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.