Texas Senate Bill SB181

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to civil liability for bullying of a child.

Impact

The implementation of SB181 would hold individuals legally accountable for participating in or facilitating bullying behaviors, particularly in an online context. This introduces a significant shift in state law, as those found liable under this bill could face substantial financial repercussions, including actual damages for mental anguish and potentially exemplary damages if specific criteria are met. Additionally, the bill allows for parents or guardians of children who engage in bullying to also be held accountable, with liability capped at $50,000. This dual approach aims to foster a more responsible environment among minors and their families regarding bullying and its effects on mental health.

Summary

SB181 is a proposed legislative bill that seeks to establish civil liability for bullying directed toward children under the age of 18. The bill introduces a new chapter, Chapter 100B, in the Texas Civil Practice and Remedies Code, which outlines definitions related to bullying communications, actionable bullying, and the liabilities that may arise from such behavior. The bill defines 'bullying communication' to include any written, oral, or electronic exchanges that are intentional and malicious, resulting in severe emotional distress for the recipient. It further stipulates what constitutes 'actionable bullying', which is defined as the act of directing two or more of these bullying communications toward a single recipient who is a minor.

Contention

While the bill is designed to address the serious impact of bullying, particularly in the era of digital communication, it may also face legal challenges regarding the balance between protecting minors and ensuring free speech rights. The bill includes provisions that outline defenses against liability, notably that the communication could be considered a constitutionally protected expression. As a result, advocates for free speech may argue that these provisions could hinder open discourse, especially in digital platforms. The conversation around SB181 will likely revolve around its effectiveness in truly addressing and mitigating bullying while respecting constitutional rights.