85R2094 AJA-F
By: Menéndez S.B. No. 181
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for bullying of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 100B to read as follows:
CHAPTER 100B. LIABILITY FOR CERTAIN BULLYING OF CHILD
Sec. 100B.001. DEFINITIONS. In this chapter:
(1) "Bullying communication" means a written or oral
expression or expression by means of electronic communication:
(A) that is a communication:
(i) with respect to which the individual
making the communication acts intentionally and with malice;
(ii) that is extreme and outrageous or is
part of multiple communications directed by a single individual
toward a single recipient that, when taken together, are extreme
and outrageous; and
(iii) with respect to which the actions of
the individual making the communication caused the recipient to
suffer severe emotional distress; or
(B) in which the individual making the
communication:
(i) urges the recipient to commit or
attempt to commit suicide;
(ii) threatens to make available to any
third party, whether or not specified, by electronic communication
or otherwise, an indecent photograph of the recipient; or
(iii) threatens bodily injury to the
recipient or a member of the recipient's family.
(2) "Claimant" means a party seeking to recover
damages under this chapter, including a plaintiff,
counterclaimant, cross-claimant, or third-party plaintiff, and
includes a party seeking recovery of damages under this chapter on
behalf of another person and the person on whose behalf the damages
are sought.
(3) "Defendant" includes any party from whom a
claimant seeks recovery of damages under this chapter and includes
a person from whom a claimant seeks recovery under Section 100B.005
and the child who engaged in the actionable bullying that is the
subject of the action in which recovery is sought.
(4) "Electronic communication" means a transfer of
signs, signals, writing, images, sounds, data, or intelligence of
any nature transmitted wholly or partly by a wire, radio,
electromagnetic, photoelectronic, or photo-optical system
including through the use of a cellular or other type of telephone,
a computer, a pager, a camera, electronic mail, instant messaging,
text messaging, a social media application, or an Internet website.
(5) "Family" has the meaning assigned by Section
71.003, Family Code.
(6) "Interactive service" means an information
service, system, wireless telephone and text message service, or
access software provider that provides or enables electronic
communications through computer or wireless telephone access by
multiple users to a computer server or wireless telephone network,
including a system that provides access to the Internet or wireless
telephones.
Sec. 100B.002. ACTIONABLE BULLYING. A person engages in
actionable bullying for the purposes of this chapter if the person
directs two or more bullying communications toward a single
recipient who, at the time of the communications, is younger than 18
years of age.
Sec. 100B.003. LIABILITY. A defendant is liable to a
claimant as provided by this chapter if the claimant shows that the
defendant engaged in actionable bullying directed toward the
claimant.
Sec. 100B.004. DAMAGES. (a) A claimant who prevails in a
suit under this chapter may recover actual damages for all
physical, mental, or emotional injury caused by, resulting from, or
arising out of the actionable bullying that is the subject of the
suit. The claimant may recover actual damages for mental anguish
even if an injury other than mental anguish is not shown.
(b) Except as provided by Subsection (c), in addition to
damages awarded under Subsection (a), a claimant who prevails in a
suit under this chapter may recover:
(1) exemplary damages; and
(2) court costs and reasonable attorney's fees.
(c) Instead of recovering exemplary damages under
Subsection (b), a claimant who prevails in a suit under this chapter
may elect to double the amount that would otherwise be awarded under
Subsection (a) if the claimant shows that:
(1) the defendant used an interactive service to
transfer electronic communications to the claimant that
constituted actionable bullying; and
(2) the defendant knew that two or more other persons
were using that interactive service to transfer electronic
communications that constituted actionable bullying as to the
claimant within 24 hours of each transfer by the defendant
described by Subdivision (1).
Sec. 100B.005. PARENTAL RESPONSIBILITY. A parent or other
person who has the duty of control and reasonable discipline of a
child who engages in actionable bullying directed toward the
claimant is liable to the claimant for:
(1) the lesser of:
(A) damages recoverable by the claimant under
Section 100B.004, including exemplary damages or multiplied
damages, as applicable; or
(B) $50,000; and
(2) court costs and reasonable attorney's fees.
Sec. 100B.006. INJUNCTIVE RELIEF. If a defendant is found
liable under this chapter, a court may order any injunctive relief
sought by the claimant that the court determines is appropriate
under the circumstances.
Sec. 100B.007. DEFENSE. It is a defense to liability under
this chapter that the defendant was engaged in conduct that
constituted a constitutionally protected exercise of the
defendant's rights to free speech.
Sec. 100B.008. CAUSE OF ACTION CUMULATIVE. The cause of
action created by this chapter is cumulative of any other remedy
provided by common law or statute.
Sec. 100B.009. SEVERABILITY; CONSTRUCTION. (a) Every
provision of this chapter and every application of the provisions
of this chapter are severable from each other as a matter of state
law. If any application of any provision of this chapter to any
person, group of persons, or circumstances is found by a court to be
invalid, the remainder of this chapter and the application of the
chapter's provisions to all other persons and circumstances will
not be affected. All constitutionally valid applications of this
chapter shall be severed from any applications that a court finds to
be invalid, leaving the valid applications in force, as it is the
legislature's intent and priority that the valid applications be
allowed to stand alone. Even if a reviewing court finds a provision
of this chapter invalid in a large or substantial fraction of
relevant cases, the remaining valid applications shall be severed
and allowed to remain in force.
(b) This chapter shall be construed, as a matter of state
law, to be enforceable up to but no further than the maximum
possible extent consistent with federal law and constitutional
requirements, even if that construction is not readily apparent, as
such constructions that are not readily apparent are authorized
only to the extent necessary to save the statute from judicial
invalidation.
SECTION 2. Chapter 100B, Civil Practice and Remedies Code,
as added by this Act, applies only with respect to bullying
communications engaged in on or after the effective date of this
Act.
SECTION 3. This Act takes effect September 1, 2017.