2017 Texas Statutes
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6 - MISCELLANEOUS PROVISIONS
CHAPTER 129A - RELIEF FOR CYBERBULLYING OF CHILD
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
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.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 11, eff. September 1, 2017.
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 court granting a temporary restraining order or temporary injunction under this section may, on motion of either party or sua sponte, 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.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 11, eff. September 1, 2017.
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.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 11, eff. September 1, 2017.
Sec. 129A.004. 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.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 11, eff. September 1, 2017.
Sec. 129A.005. 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.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 11, eff. September 1, 2017.
