Texas 2011 - 82nd Regular

Texas Senate Bill SB42 Latest Draft

Bill / Introduced Version

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                            82R1495 CAS-D
 By: Zaffirini S.B. No. 42


 A BILL TO BE ENTITLED
 AN ACT
 relating to bullying through electronic means in public schools.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 25.0342(a), Education Code, is amended
 to read as follows:
 (a)  In this section, "bullying" means engaging in written or
 verbal expression, expression through electronic means, or
 physical conduct that a school district board of trustees or the
 board's designee determines:
 (1)  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
 (2)  is sufficiently severe, persistent, or pervasive
 enough that the action or threat creates an intimidating,
 threatening, or abusive educational environment for a student.
 SECTION 2.  Section 37.001(b), Education Code, is amended to
 read as follows:
 (b)  In this section:
 (1)  "Bullying" has the meaning assigned by Section
 25.0342.
 (2)  "Harassment" means threatening to cause harm or
 bodily injury to another student, engaging in sexually intimidating
 conduct, causing physical damage to the property of another
 student, subjecting another student to physical confinement or
 restraint, or maliciously taking any action that substantially
 harms another student's physical or emotional health or safety.
 (3) [(2)]  "Hit list" means a list of people targeted
 to be harmed, using:
 (A)  a firearm, as defined by Section 46.01(3),
 Penal Code;
 (B)  a knife, as defined by Section 46.01(7),
 Penal Code; or
 (C)  any other object to be used with intent to
 cause bodily harm.
 SECTION 3.  This Act applies beginning with the 2011-2012
 school year.
 SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution. If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2011.