| 1 | 1 | | 87R11289 MWC-F |
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| 2 | 2 | | By: Morales Shaw H.B. No. 3886 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the definitions of bullying and harassment and the |
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| 8 | 8 | | behavior of students in public schools. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 37.001(b)(2), Education Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (2) "Harassment": |
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| 13 | 13 | | (A) means threatening to cause harm or bodily |
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| 14 | 14 | | injury to another student, engaging in sexually intimidating |
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| 15 | 15 | | conduct, causing physical damage to the property of another |
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| 16 | 16 | | student, subjecting another student to physical confinement or |
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| 17 | 17 | | restraint, or maliciously taking any action that substantially |
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| 18 | 18 | | harms another student's physical or emotional health or safety; and |
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| 19 | 19 | | (B) includes conduct described by Paragraph (A) |
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| 20 | 20 | | that is based on the actual or perceived race, color, national |
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| 21 | 21 | | origin, sex, disability, sexual orientation, gender identity or |
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| 22 | 22 | | expression, religion, or any other distinguishing characteristic |
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| 23 | 23 | | of a student or of a person with whom a student associates. |
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| 24 | 24 | | SECTION 2. Section 37.0832(a)(1), Education Code, is |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | (1) "Bullying": |
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| 27 | 27 | | (A) means a single significant act or a pattern |
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| 28 | 28 | | of acts by one or more students directed at another student that |
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| 29 | 29 | | exploits an imbalance of power and involves engaging in written or |
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| 30 | 30 | | verbal expression, expression through electronic means, or |
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| 31 | 31 | | physical conduct that satisfies the applicability requirements |
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| 32 | 32 | | provided by Subsection (a-1), and that: |
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| 33 | 33 | | (i) has the effect or will have the effect |
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| 34 | 34 | | of physically harming a student, damaging a student's property, or |
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| 35 | 35 | | placing a student in reasonable fear of harm to the student's person |
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| 36 | 36 | | or of damage to the student's property; |
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| 37 | 37 | | (ii) is sufficiently severe, persistent, or |
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| 38 | 38 | | pervasive enough that the action or threat creates an intimidating, |
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| 39 | 39 | | threatening, or abusive educational environment for a student; |
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| 40 | 40 | | (iii) materially and substantially |
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| 41 | 41 | | disrupts the educational process or the orderly operation of a |
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| 42 | 42 | | classroom or school; or |
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| 43 | 43 | | (iv) infringes on the rights of the victim |
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| 44 | 44 | | at school; and |
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| 45 | 45 | | (B) includes: |
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| 46 | 46 | | (i) cyberbullying; and |
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| 47 | 47 | | (ii) conduct described by Paragraph (A) |
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| 48 | 48 | | that is based on the actual or perceived race, color, national |
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| 49 | 49 | | origin, sex, disability, sexual orientation, gender identity or |
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| 50 | 50 | | expression, religion, or any other distinguishing characteristic |
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| 51 | 51 | | of a student or of a person with whom a student associates. |
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| 52 | 52 | | SECTION 3. This Act applies beginning with the 2021-2022 |
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| 53 | 53 | | school year. |
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| 54 | 54 | | SECTION 4. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2021. |
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