2005 Texas Civil Practice & Remedies Code CHAPTER 85. LIABILITY FOR STALKING

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 85. LIABILITY FOR STALKING


	§ 85.001. DEFINITIONS.  In this chapter:                                    
			(1)  "Claimant" means a party seeking to recover 
damages under this chapter, including a plaintiff, 
counterclaimant, cross-claimant, or third-party plaintiff.  In an 
action in which a party seeks recovery of damages under this chapter 
on behalf of another person, "claimant" includes both that other 
person and the party seeking recovery of damages.
			(2)  "Defendant" includes any party from whom a 
claimant seeks recovery of damages under this chapter.
			(3)  "Family" has the meaning assigned by Section 
71.003, Family Code.     
			(4)  "Harassing behavior" means conduct by the 
defendant directed specifically toward the claimant, including 
following the claimant, that is reasonably likely to harass, annoy, 
alarm, abuse, torment, or embarrass the claimant.

Added by Acts 1995, 74th Leg., ch. 662, § 1, eff. June 14, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
83.001 by Acts 1997, 75th Leg., ch. 165, § 31.01(7), eff. Sept. 
1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, § 7.002(b), 
eff. Sept. 1, 2003.


	§ 85.002. LIABILITY.  A defendant is liable, as provided 
by this chapter, to a claimant for damages arising from stalking of 
the claimant by the defendant.

Added by Acts 1995, 74th Leg., ch. 662, § 1, eff. June 14, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
83.002 by Acts 1997, 75th Leg., ch. 165, § 31.01(7), eff. Sept. 
1, 1997.


	§ 85.003. PROOF.  (a) A claimant proves stalking against 
a defendant by showing:
		(1)  on more than one occasion the defendant engaged in 
harassing behavior; 
		(2)  as a result of the harassing behavior, the 
claimant reasonably feared for the claimant's safety or the safety 
of a member of the claimant's family;  and
		(3)  the defendant violated a restraining order 
prohibiting harassing behavior or:
			(A)  the defendant, while engaged in harassing 
behavior, by acts or words threatened to inflict bodily injury on 
the claimant or to commit an offense against the claimant, a member 
of the claimant's family, or the claimant's property;
			(B)  the defendant had the apparent ability to 
carry out the threat;       
			(C)  the defendant's apparent ability to carry out 
the threat caused the claimant to reasonably fear for the 
claimant's safety or the safety of a family member;
			(D)  the claimant at least once clearly demanded 
that the defendant stop the defendant's harassing behavior;
			(E)  after the demand to stop by the claimant, the 
defendant continued the harassing behavior;  and
			(F)  the harassing behavior has been reported to 
the police as a stalking offense.
	(b)  The claimant must, as part of the proof of the behavior 
described by Subsection (a)(1), submit evidence other than evidence 
based on the claimant's own perceptions and beliefs.

Added by Acts 1995, 74th Leg., ch. 662, § 1, eff. June 14, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
83.003 by Acts 1997, 75th Leg., ch. 165, § 31.01(7), eff. Sept. 
1, 1997.


	§ 85.004. DAMAGES.  A claimant who prevails in a suit 
under this chapter may recover actual damages and, subject to 
Chapter 41, exemplary damages.

Added by Acts 1995, 74th Leg., ch. 662, § 1, eff. June 14, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
83.004 by Acts 1997, 75th Leg., ch. 165, § 31.01(7), eff. Sept. 
1, 1997.


	§ 85.005. DEFENSE.  It is a defense to an action brought 
under this chapter that the defendant was engaged in conduct that 
consisted of activity in support of constitutionally or statutorily 
protected rights.

Added by Acts 1995, 74th Leg., ch. 662, § 1, eff. June 14, 1995.  
Renumbered from V.T.C.A., Civil Practice and Remedies Code § 
83.005 by Acts 1997, 75th Leg., ch. 165, § 31.01(7), eff. Sept. 
1, 1997.


	§ 85.006. CAUSE OF ACTION CUMULATIVE.  The cause of 
action created by this chapter is cumulative of any other remedy 
provided by common law or statute.

Added by Acts 1995, 74th Leg., ch. 662, § 1, eff. June 14, 1995.  
Renumbered from V.T.C.A., Civil Practice & Remedies Code § 
83.006 by Acts 1997, 75th Leg., ch. 165, § 31.01(7), eff. Sept. 
1, 1997.