Bill Text: TX HB304 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to civil liability for bullying of a child.
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Introduced - Dead) 2017-02-15 - Referred to Judiciary & Civil Jurisprudence [HB304 Detail]
Download: Texas-2017-HB304-Introduced.html
85R2094 AJA-F | ||
By: Minjarez | H.B. No. 304 |
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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. |