87R11289 MWC-F
By: Morales Shaw H.B. No. 3886
A BILL TO BE ENTITLED
AN ACT
relating to the definitions of bullying and harassment and the
behavior of students in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.001(b)(2), Education Code, is amended
to read as follows:
(2) "Harassment":
(A) 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; and
(B) includes conduct described by Paragraph (A)
that is based on the actual or perceived race, color, national
origin, sex, disability, sexual orientation, gender identity or
expression, religion, or any other distinguishing characteristic
of a student or of a person with whom a student associates.
SECTION 2. Section 37.0832(a)(1), Education Code, is
amended to read as follows:
(1) "Bullying":
(A) means a single significant act or a pattern
of acts by one or more students directed at another student that
exploits an imbalance of power and involves engaging in written or
verbal expression, expression through electronic means, or
physical conduct that satisfies the applicability requirements
provided by Subsection (a-1), and that:
(i) has the effect or 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;
(ii) is sufficiently severe, persistent, or
pervasive enough that the action or threat creates an intimidating,
threatening, or abusive educational environment for a student;
(iii) materially and substantially
disrupts the educational process or the orderly operation of a
classroom or school; or
(iv) infringes on the rights of the victim
at school; and
(B) includes:
(i) cyberbullying; and
(ii) conduct described by Paragraph (A)
that is based on the actual or perceived race, color, national
origin, sex, disability, sexual orientation, gender identity or
expression, religion, or any other distinguishing characteristic
of a student or of a person with whom a student associates.
SECTION 3. This Act applies beginning with the 2021-2022
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, 2021.