Relating to civil liability for bullying of a child.
If enacted, HB 304 would provide a framework for victims of bullying to seek damages in civil court. Specifically, defendants can be held liable if they direct two or more bullying communications towards a minor. The bill allows claimants to recover actual damages, including damages for mental anguish and, in certain cases, exemplary damages. This provision aims to empower victims and deter potential bullies by holding them accountable for their actions.
House Bill 304 is designed to address civil liability for bullying of children in Texas. The bill introduces Chapter 100B to the Civil Practice and Remedies Code, defining bullying communications and establishing liability for such actions. Key definitions included in the bill outline what constitutes 'bullying communication', such as written or electronic communications that result in severe emotional distress to the recipient, especially if these communications urge suicidal behavior or threaten bodily harm.
Overall, HB 304 seeks to strengthen the legal avenues available to victims of bullying while also placing responsibilities on parents to manage their children's behavior. By establishing legal consequences for bullying, the bill aims to create a safer environment for children, particularly in schools and other communal settings, where bullying is prevalent.
The bill includes a provision that protects defendants from liability if their actions constitute a constitutionally protected exercise of free speech, which could lead to debate over the balance between protecting individuals from bullying and safeguarding free expression. Additionally, it holds parents accountable for the actions of their children, allowing claimants to recover damages from parents of minors engaged in actionable bullying, up to a cap of $50,000. This aspect raises questions regarding parental liability and the extent to which parents should be financially responsible for their children's actions.