85R2094 AJA-F     By: Menéndez S.B. No. 181       A BILL TO BE ENTITLED   AN ACT   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.