2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 85. LIABILITY FOR STALKING  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 85. LIABILITY FOR STALKING

Sec. 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, Sec. 1, eff. June 14,

1995. Renumbered from Civil Practice and Remedies Code Sec.

83.001 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.

Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1276, Sec.

7.002(b), eff. Sept. 1, 2003.

Sec. 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, Sec. 1, eff. June 14,

1995. Renumbered from Civil Practice and Remedies Code Sec.

83.002 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.

Sept. 1, 1997.

Sec. 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, Sec. 1, eff. June 14,

1995. Renumbered from Civil Practice and Remedies Code Sec.

83.003 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.

Sept. 1, 1997.

Sec. 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, Sec. 1, eff. June 14,

1995. Renumbered from Civil Practice and Remedies Code Sec.

83.004 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.

Sept. 1, 1997.

Sec. 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, Sec. 1, eff. June 14,

1995. Renumbered from Civil Practice and Remedies Code Sec.

83.005 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.

Sept. 1, 1997.

Sec. 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, Sec. 1, eff. June 14,

1995. Renumbered from Civil Practice and Remedies Code Sec.

83.006 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff.

Sept. 1, 1997.