Texas 2017 - 85th Regular

Texas Senate Bill SB181 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2094 AJA-F
2	2	By: Menéndez S.B. No. 181
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil liability for bullying of a child.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 4, Civil Practice and Remedies Code, is
10	10	amended by adding Chapter 100B to read as follows:
11	11	CHAPTER 100B. LIABILITY FOR CERTAIN BULLYING OF CHILD
12	12	Sec. 100B.001. DEFINITIONS. In this chapter:
13	13	(1) "Bullying communication" means a written or oral
14	14	expression or expression by means of electronic communication:
15	15	(A) that is a communication:
16	16	(i) with respect to which the individual
17	17	making the communication acts intentionally and with malice;
18	18	(ii) that is extreme and outrageous or is
19	19	part of multiple communications directed by a single individual
20	20	toward a single recipient that, when taken together, are extreme
21	21	and outrageous; and
22	22	(iii) with respect to which the actions of
23	23	the individual making the communication caused the recipient to
24	24	suffer severe emotional distress; or
25	25	(B) in which the individual making the
26	26	communication:
27	27	(i) urges the recipient to commit or
28	28	attempt to commit suicide;
29	29	(ii) threatens to make available to any
30	30	third party, whether or not specified, by electronic communication
31	31	or otherwise, an indecent photograph of the recipient; or
32	32	(iii) threatens bodily injury to the
33	33	recipient or a member of the recipient's family.
34	34	(2) "Claimant" means a party seeking to recover
35	35	damages under this chapter, including a plaintiff,
36	36	counterclaimant, cross-claimant, or third-party plaintiff, and
37	37	includes a party seeking recovery of damages under this chapter on
38	38	behalf of another person and the person on whose behalf the damages
39	39	are sought.
40	40	(3) "Defendant" includes any party from whom a
41	41	claimant seeks recovery of damages under this chapter and includes
42	42	a person from whom a claimant seeks recovery under Section 100B.005
43	43	and the child who engaged in the actionable bullying that is the
44	44	subject of the action in which recovery is sought.
45	45	(4) "Electronic communication" means a transfer of
46	46	signs, signals, writing, images, sounds, data, or intelligence of
47	47	any nature transmitted wholly or partly by a wire, radio,
48	48	electromagnetic, photoelectronic, or photo-optical system
49	49	including through the use of a cellular or other type of telephone,
50	50	a computer, a pager, a camera, electronic mail, instant messaging,
51	51	text messaging, a social media application, or an Internet website.
52	52	(5) "Family" has the meaning assigned by Section
53	53	71.003, Family Code.
54	54	(6) "Interactive service" means an information
55	55	service, system, wireless telephone and text message service, or
56	56	access software provider that provides or enables electronic
57	57	communications through computer or wireless telephone access by
58	58	multiple users to a computer server or wireless telephone network,
59	59	including a system that provides access to the Internet or wireless
60	60	telephones.
61	61	Sec. 100B.002. ACTIONABLE BULLYING. A person engages in
62	62	actionable bullying for the purposes of this chapter if the person
63	63	directs two or more bullying communications toward a single
64	64	recipient who, at the time of the communications, is younger than 18
65	65	years of age.
66	66	Sec. 100B.003. LIABILITY. A defendant is liable to a
67	67	claimant as provided by this chapter if the claimant shows that the
68	68	defendant engaged in actionable bullying directed toward the
69	69	claimant.
70	70	Sec. 100B.004. DAMAGES. (a) A claimant who prevails in a
71	71	suit under this chapter may recover actual damages for all
72	72	physical, mental, or emotional injury caused by, resulting from, or
73	73	arising out of the actionable bullying that is the subject of the
74	74	suit. The claimant may recover actual damages for mental anguish
75	75	even if an injury other than mental anguish is not shown.
76	76	(b) Except as provided by Subsection (c), in addition to
77	77	damages awarded under Subsection (a), a claimant who prevails in a
78	78	suit under this chapter may recover:
79	79	(1) exemplary damages; and
80	80	(2) court costs and reasonable attorney's fees.
81	81	(c) Instead of recovering exemplary damages under
82	82	Subsection (b), a claimant who prevails in a suit under this chapter
83	83	may elect to double the amount that would otherwise be awarded under
84	84	Subsection (a) if the claimant shows that:
85	85	(1) the defendant used an interactive service to
86	86	transfer electronic communications to the claimant that
87	87	constituted actionable bullying; and
88	88	(2) the defendant knew that two or more other persons
89	89	were using that interactive service to transfer electronic
90	90	communications that constituted actionable bullying as to the
91	91	claimant within 24 hours of each transfer by the defendant
92	92	described by Subdivision (1).
93	93	Sec. 100B.005. PARENTAL RESPONSIBILITY. A parent or other
94	94	person who has the duty of control and reasonable discipline of a
95	95	child who engages in actionable bullying directed toward the
96	96	claimant is liable to the claimant for:
97	97	(1) the lesser of:
98	98	(A) damages recoverable by the claimant under
99	99	Section 100B.004, including exemplary damages or multiplied
100	100	damages, as applicable; or
101	101	(B) $50,000; and
102	102	(2) court costs and reasonable attorney's fees.
103	103	Sec. 100B.006. INJUNCTIVE RELIEF. If a defendant is found
104	104	liable under this chapter, a court may order any injunctive relief
105	105	sought by the claimant that the court determines is appropriate
106	106	under the circumstances.
107	107	Sec. 100B.007. DEFENSE. It is a defense to liability under
108	108	this chapter that the defendant was engaged in conduct that
109	109	constituted a constitutionally protected exercise of the
110	110	defendant's rights to free speech.
111	111	Sec. 100B.008. CAUSE OF ACTION CUMULATIVE. The cause of
112	112	action created by this chapter is cumulative of any other remedy
113	113	provided by common law or statute.
114	114	Sec. 100B.009. SEVERABILITY; CONSTRUCTION. (a) Every
115	115	provision of this chapter and every application of the provisions
116	116	of this chapter are severable from each other as a matter of state
117	117	law. If any application of any provision of this chapter to any
118	118	person, group of persons, or circumstances is found by a court to be
119	119	invalid, the remainder of this chapter and the application of the
120	120	chapter's provisions to all other persons and circumstances will
121	121	not be affected. All constitutionally valid applications of this
122	122	chapter shall be severed from any applications that a court finds to
123	123	be invalid, leaving the valid applications in force, as it is the
124	124	legislature's intent and priority that the valid applications be
125	125	allowed to stand alone. Even if a reviewing court finds a provision
126	126	of this chapter invalid in a large or substantial fraction of
127	127	relevant cases, the remaining valid applications shall be severed
128	128	and allowed to remain in force.
129	129	(b) This chapter shall be construed, as a matter of state
130	130	law, to be enforceable up to but no further than the maximum
131	131	possible extent consistent with federal law and constitutional
132	132	requirements, even if that construction is not readily apparent, as
133	133	such constructions that are not readily apparent are authorized
134	134	only to the extent necessary to save the statute from judicial
135	135	invalidation.
136	136	SECTION 2. Chapter 100B, Civil Practice and Remedies Code,
137	137	as added by this Act, applies only with respect to bullying
138	138	communications engaged in on or after the effective date of this
139	139	Act.
140	140	SECTION 3. This Act takes effect September 1, 2017.