Bill Text: TX HB306 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to harassment, bullying, and cyberbullying of a public school student or minor and certain mental health programs for public school students.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-11 - Laid on the table subject to call [HB306 Detail]
Download: Texas-2017-HB306-Comm_Sub.html
85R26482 MEW-F | |||
By: Minjarez, Faircloth, Moody, Larson, | H.B. No. 306 | ||
King of Hemphill, et al. | |||
Substitute the following for H.B. No. 306: | |||
By: Bernal | C.S.H.B. No. 306 |
|
||
|
||
relating to harassment, bullying, and cyberbullying of a public | ||
school student or minor and certain mental health programs for | ||
public school students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as David's Law. | ||
SECTION 2. Section 37.0832, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) In this section: | ||
(1) "Bullying": | ||
(A) [ |
||
or a pattern of acts by one or more students directed at another | ||
student that exploits an imbalance of power and involves [ |
||
|
||
expression through electronic means, or physical conduct, that | ||
satisfies the applicability requirements provided by Subsection | ||
(a-1), [ |
||
|
||
and that: | ||
(i) [ |
||
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) [ |
||
persistent, or [ |
||
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 cyberbullying. | ||
(2) "Cyberbullying" means bullying that is done | ||
through the use of electronic communication, including through the | ||
use of a cellular or other type of telephone, a computer, a camera, | ||
electronic mail, instant messaging, text messaging, a social media | ||
application, an Internet website, or any other Internet-based | ||
communication tool. | ||
(a-1) This section applies to bullying that occurs on school | ||
property or at the site of a school-sponsored or school-related | ||
activity on or off school property if the bullying: | ||
(1) interferes with a student's educational | ||
opportunities; or | ||
(2) substantially disrupts the orderly operation of a | ||
classroom, school, or school-sponsored or school-related activity. | ||
(c) The board of trustees of each school district shall | ||
adopt a policy, including any necessary procedures, concerning | ||
bullying that: | ||
(1) prohibits the bullying of a student; | ||
(2) prohibits retaliation against any person, | ||
including a victim, a witness, or another person, who in good faith | ||
provides information concerning an incident of bullying; | ||
(3) establishes a procedure for providing notice of an | ||
incident of bullying to a parent or guardian of the alleged victim | ||
and a parent or guardian of the alleged bully within a reasonable | ||
amount of time after the incident; | ||
(4) establishes the actions a student should take to | ||
obtain assistance and intervention in response to bullying; | ||
(5) sets out the available counseling options for a | ||
student who is a victim of or a witness to bullying or who engages in | ||
bullying; | ||
(6) establishes procedures for reporting an incident | ||
of bullying, including procedures for a student to anonymously | ||
report an incident of bullying, investigating a reported incident | ||
of bullying, and determining whether the reported incident of | ||
bullying occurred; | ||
(7) prohibits the imposition of a disciplinary measure | ||
on a student who, after an investigation, is found to be a victim of | ||
bullying, on the basis of that student's use of reasonable | ||
self-defense in response to the bullying; and | ||
(8) requires that discipline for bullying of a student | ||
with disabilities comply with applicable requirements under | ||
federal law, including the Individuals with Disabilities Education | ||
Act (20 U.S.C. Section 1400 et seq.). | ||
SECTION 3. Subchapter A, Chapter 37, Education Code, is | ||
amended by adding Section 37.0052 to read as follows: | ||
Sec. 37.0052. PLACEMENT OR EXPULSION OF STUDENTS WHO HAVE | ||
ENGAGED IN CERTAIN BULLYING BEHAVIOR. (a) In this section: | ||
(1) "Bullying" has the meaning assigned by Section | ||
37.0832. | ||
(2) "Intimate visual material" has the meaning | ||
assigned by Section 98B.001, Civil Practice and Remedies Code. | ||
(b) A student may be removed from class and placed in a | ||
disciplinary alternative education program as provided by Section | ||
37.008 or expelled if the student: | ||
(1) engages in bullying that encourages a minor to | ||
commit or attempt to commit suicide; | ||
(2) incites violence against a minor through group | ||
bullying; or | ||
(3) releases or threatens to release intimate visual | ||
material of a minor. | ||
SECTION 4. Sections 37.218(a)(1) and (2), Education Code, | ||
are amended to read as follows: | ||
(1) "Bullying" has the meaning assigned by Section | ||
37.0832 [ |
||
(2) "Cyberbullying" has the meaning assigned by | ||
Section 37.0832 [ |
||
|
||
SECTION 5. Section 12.104(b), Education Code, is amended to | ||
read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) public school accountability under | ||
Subchapters B, C, D, E, F, G, and J, Chapter 39; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(N) intensive programs of instruction under | ||
Section 28.0213; [ |
||
(O) the right of a school employee to report a | ||
crime, as provided by Section 37.148; and | ||
(P) bullying prevention policies and procedures | ||
under Section 37.0832. | ||
SECTION 6. Section 21.054, Education Code, is amended by | ||
adding Subsections (d-2) and (e-2) to read as follows: | ||
(d-2) Continuing education requirements for a classroom | ||
teacher may include instruction regarding how grief and trauma | ||
affect student learning and behavior and how evidence-based, | ||
grief-informed, and trauma-informed strategies support the | ||
academic success of students affected by grief and trauma. | ||
(e-2) Continuing education requirements for a principal may | ||
include instruction regarding how grief and trauma affect student | ||
learning and behavior and how evidence-based, grief-informed, and | ||
trauma-informed strategies support the academic success of | ||
students affected by grief and trauma. | ||
SECTION 7. Subchapter J, Chapter 21, Education Code, is | ||
amended by adding Section 21.462 to read as follows: | ||
Sec. 21.462. RESOURCES REGARDING STUDENTS WITH MENTAL | ||
HEALTH NEEDS. The agency, in coordination with the Health and Human | ||
Services Commission, shall establish and maintain an Internet | ||
website to provide resources for school district or open-enrollment | ||
charter school employees regarding working with students with | ||
mental health conditions. The agency must include on the Internet | ||
website information about: | ||
(1) grief-informed and trauma-informed practices; | ||
(2) building skills related to managing emotions, | ||
establishing and maintaining positive relationships, and | ||
responsible decision-making; | ||
(3) positive behavior interventions and supports; and | ||
(4) a safe and supportive school climate. | ||
SECTION 8. Section 33.006(b), Education Code, is amended to | ||
read as follows: | ||
(b) In addition to a school counselor's responsibility | ||
under Subsection (a), the school counselor shall: | ||
(1) participate in planning, implementing, and | ||
evaluating a comprehensive developmental guidance program to serve | ||
all students and to address the special needs of students: | ||
(A) who are at risk of dropping out of school, | ||
becoming substance abusers, participating in gang activity, or | ||
committing suicide; | ||
(B) who are in need of modified instructional | ||
strategies; or | ||
(C) who are gifted and talented, with emphasis on | ||
identifying and serving gifted and talented students who are | ||
educationally disadvantaged; | ||
(2) consult with a student's parent or guardian and | ||
make referrals as appropriate in consultation with the student's | ||
parent or guardian; | ||
(3) consult with school staff, parents, and other | ||
community members to help them increase the effectiveness of | ||
student education and promote student success; | ||
(4) coordinate people and resources in the school, | ||
home, and community; | ||
(5) with the assistance of school staff, interpret | ||
standardized test results and other assessment data that help a | ||
student make educational and career plans; [ |
||
(6) deliver classroom guidance activities or serve as | ||
a consultant to teachers conducting lessons based on the school's | ||
guidance curriculum; and | ||
(7) serve as an impartial, nonreporting resource for | ||
interpersonal conflicts and discord involving two or more students, | ||
including accusations of bullying under Section 37.0832. | ||
SECTION 9. Title 6, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 129A to read as follows: | ||
CHAPTER 129A. RELIEF FOR CYBERBULLYING OF CHILD | ||
Sec. 129A.001. DEFINITION. In this chapter, | ||
"cyberbullying" has the meaning assigned by Section 37.0832(a), | ||
Education Code. | ||
Sec. 129A.002. INJUNCTIVE RELIEF. (a) A recipient of | ||
cyberbullying behavior who is younger than 18 years of age at the | ||
time the cyberbullying occurs or a parent of or person standing in | ||
parental relation to the recipient may seek injunctive relief under | ||
this chapter against the individual who was cyberbullying the | ||
recipient or, if the individual is younger than 18 years of age, | ||
against a parent of or person standing in parental relation to the | ||
individual. | ||
(b) A court may issue a temporary restraining order, | ||
temporary injunction, or permanent injunction appropriate under | ||
the circumstances to prevent any further cyberbullying, including | ||
an order or injunction: | ||
(1) enjoining a defendant from engaging in | ||
cyberbullying; or | ||
(2) compelling a defendant who is a parent of or person | ||
standing in parental relation to an individual who is younger than | ||
18 years of age to take reasonable actions to cause the individual | ||
to cease engaging in cyberbullying. | ||
(c) A plaintiff in an action for injunctive relief brought | ||
under this section is entitled to a temporary restraining order on | ||
showing that the plaintiff is likely to succeed in establishing | ||
that the individual was cyberbullying the recipient. The plaintiff | ||
is not required to plead or prove that, before notice can be served | ||
and a hearing can be held, immediate and irreparable injury, loss, | ||
or damage is likely to result from past or future cyberbullying by | ||
the individual against the recipient. | ||
(d) A plaintiff is entitled to a temporary or permanent | ||
injunction under this section on showing that the individual was | ||
cyberbullying the recipient. | ||
(e) A temporary restraining order or temporary injunction | ||
granted under this section shall order the preservation of any | ||
relevant electronic communication. The temporary restraining | ||
order or temporary injunction is not required to: | ||
(1) define the injury or state why it is irreparable; | ||
(2) state why the order was granted without notice; or | ||
(3) include an order setting the cause for trial on the | ||
merits with respect to the ultimate relief requested. | ||
Sec. 129A.003. PROMULGATION OF FORMS. (a) The supreme | ||
court shall, as the court finds appropriate, promulgate forms for | ||
use as an application for initial injunctive relief by individuals | ||
representing themselves in suits involving cyberbullying and | ||
instructions for the proper use of each form or set of forms. | ||
(b) The forms and instructions: | ||
(1) must be written in language that is easily | ||
understood by the general public; | ||
(2) shall be made readily available to the general | ||
public in the manner prescribed by the supreme court; and | ||
(3) must be translated into the Spanish language. | ||
(c) The Spanish language translation of a form must: | ||
(1) state: | ||
(A) that the Spanish language translated form is | ||
to be used solely for the purpose of assisting in understanding the | ||
form and may not be submitted to the court; and | ||
(B) that the English language version of the form | ||
must be submitted to the court; or | ||
(2) be incorporated into the English language version | ||
of the form in a manner that is understandable to both the court and | ||
members of the general public. | ||
(d) Each form and its instructions must clearly and | ||
conspicuously state that the form is not a substitute for the advice | ||
of an attorney. | ||
(e) The attorney general and the clerk of a court shall | ||
inform members of the general public of the availability of a form | ||
promulgated by the supreme court under this section as appropriate | ||
and make the form available free of charge. | ||
(f) A court shall accept a form promulgated by the supreme | ||
court under this section unless the form has been completed in a | ||
manner that causes a substantive defect that cannot be cured. | ||
Sec. 129A.004. ATTORNEY'S FEES AND COSTS. In a proceeding | ||
under this chapter, the court may award to any claimant or defendant | ||
costs and reasonable and necessary attorney's fees as are equitable | ||
and just. The amount awarded to any party under this section for | ||
attorney's fees may not exceed $5,000. | ||
Sec. 129A.005. INAPPLICABILITY. (a) An action filed under | ||
this chapter may not be joined with an action filed under Title 1, | ||
4, or 5, Family Code. | ||
(b) Chapter 27 does not apply to an action under this | ||
chapter. | ||
Sec. 129A.006. CERTAIN CONDUCT EXCEPTED. This chapter does | ||
not apply to a claim brought against an interactive computer | ||
service, as defined by 47 U.S.C. Section 230, for cyberbullying. | ||
SECTION 10. Sections 161.325(a-1), (d), (e), (f), and (i), | ||
Health and Safety Code, are amended to read as follows: | ||
(a-1) The list must include programs in the following areas: | ||
(1) early mental health intervention; | ||
(2) mental health promotion [ |
||
|
||
(3) substance abuse prevention; | ||
(4) substance abuse intervention; [ |
||
(5) suicide prevention; | ||
(6) grief-informed and trauma-informed practices; | ||
(7) building skills related to managing emotions, | ||
establishing and maintaining positive relationships, and | ||
responsible decision-making; | ||
(8) positive behavior interventions and supports and | ||
positive youth development; and | ||
(9) safe and supportive school climate. | ||
(d) A [ |
||
develop practices and procedures [ |
||
each area listed in Subsection (a-1), including mental health | ||
promotion and intervention, substance abuse prevention and | ||
intervention, and suicide prevention that: | ||
(1) includes [ |
||
notice of a recommendation for early mental health or substance | ||
abuse intervention regarding a student to a parent or guardian of | ||
the student within a reasonable amount of time after the | ||
identification of early warning signs as described by Subsection | ||
(b)(2); | ||
(2) includes [ |
||
notice of a student identified as at risk of committing suicide to a | ||
parent or guardian of the student within a reasonable amount of time | ||
after the identification of early warning signs as described by | ||
Subsection (b)(2); | ||
(3) establishes that the district may develop a | ||
reporting mechanism and may designate at least one person to act as | ||
a liaison officer in the district for the purposes of identifying | ||
students in need of early mental health or substance abuse | ||
intervention or suicide prevention; and | ||
(4) sets out available counseling alternatives for a | ||
parent or guardian to consider when their child is identified as | ||
possibly being in need of early mental health or substance abuse | ||
intervention or suicide prevention. | ||
(e) The practices and procedures developed under Subsection | ||
(d) [ |
||
student's parent or guardian of a medical screening of the student | ||
as part of the process of identifying whether the student is | ||
possibly in need of early mental health or substance abuse | ||
intervention or suicide prevention. | ||
(f) The practices [ |
||
developed [ |
||
(1) the annual student handbook; and | ||
(2) the district improvement plan under Section | ||
11.252, Education Code. | ||
(i) Nothing in this section is intended to interfere with | ||
the rights of parents or guardians and the decision-making | ||
regarding the best interest of the child. Practices [ |
||
procedures developed [ |
||
intended to notify a parent or guardian of a need for mental health | ||
or substance abuse intervention so that a parent or guardian may | ||
take appropriate action. Nothing in this section shall be | ||
construed as giving school districts the authority to prescribe | ||
medications. Any and all medical decisions are to be made by a | ||
parent or guardian of a student. | ||
SECTION 11. Sections 42.07(a) and (c), Penal Code, are | ||
amended to read as follows: | ||
(a) A person commits an offense if, with intent to harass, | ||
annoy, alarm, abuse, torment, or embarrass another, the person: | ||
(1) initiates communication and in the course of the | ||
communication makes a comment, request, suggestion, or proposal | ||
that is obscene; | ||
(2) threatens, in a manner reasonably likely to alarm | ||
the person receiving the threat, to inflict bodily injury on the | ||
person or to commit a felony against the person, a member of the | ||
person's family or household, or the person's property; | ||
(3) conveys, in a manner reasonably likely to alarm | ||
the person receiving the report, a false report, which is known by | ||
the conveyor to be false, that another person has suffered death or | ||
serious bodily injury; | ||
(4) causes the telephone of another to ring repeatedly | ||
or makes repeated telephone communications anonymously or in a | ||
manner reasonably likely to harass, annoy, alarm, abuse, torment, | ||
embarrass, or offend another; | ||
(5) makes a telephone call and intentionally fails to | ||
hang up or disengage the connection; | ||
(6) knowingly permits a telephone under the person's | ||
control to be used by another to commit an offense under this | ||
section; [ |
||
(7) sends repeated electronic communications in a | ||
manner reasonably likely to harass, annoy, alarm, abuse, torment, | ||
embarrass, or offend another; or | ||
(8) engages in bullying, as that term is defined by | ||
Section 37.0832(a), Education Code. | ||
(c) An offense under this section is a Class B misdemeanor, | ||
except that the offense is a Class A misdemeanor if the actor: | ||
(1) has previously been convicted under this section; | ||
or | ||
(2) engages in the conduct described by Subsection | ||
(a)(8) and: | ||
(A) the actor has previously violated a temporary | ||
restraining order or injunction issued under Chapter 129A, Civil | ||
Practice and Remedies Code; or | ||
(B) the actor's conduct results in serious bodily | ||
injury or death. | ||
SECTION 12. Section 42.07(b)(1), Penal Code, is amended to | ||
read as follows: | ||
(1) "Electronic communication" means a transfer of | ||
signs, signals, writing, images, sounds, data, or intelligence of | ||
any nature transmitted in whole or in part by a wire, radio, | ||
electromagnetic, photoelectronic, or photo-optical system. The | ||
term includes: | ||
(A) a communication initiated through the use of | ||
[ |
||
other type of telephone, a computer, a camera, text message, a | ||
social media platform or application, an Internet website, any | ||
other Internet-based communication tool, or facsimile machine; and | ||
(B) a communication made to a pager. | ||
SECTION 13. Section 37.0832(b), Education Code, is | ||
repealed. | ||
SECTION 14. The change in law made by this Act applies only | ||
to an offense committed or conduct violating a penal law of this | ||
state that occurs on or after the effective date of this Act. An | ||
offense committed or conduct that occurs before the effective date | ||
of this Act is governed by the law in effect on the date the offense | ||
was committed or conduct occurred, and the former law is continued | ||
in effect for that purpose. For purposes of this section, an | ||
offense was committed or conduct violating a penal law of this state | ||
occurred before the effective date of this Act if any element of the | ||
offense or conduct occurred before that date. | ||
SECTION 15. It is the intent of the legislature that every | ||
provision, section, subsection, sentence, clause, phrase, or word | ||
in this Act, and every application of the provisions in this Act to | ||
each person or entity, are severable from each other. If any | ||
application of any provision in this Act to any person, group of | ||
persons, or circumstances is found by a court to be invalid for any | ||
reason, the remaining applications of that provision to all other | ||
persons and circumstances shall be severed and may not be affected. | ||
SECTION 16. This Act takes effect September 1, 2017. |