References to sexual orientation, gender identity to be removed from TX anti-bullying bills

Chuck-Smith
Chuck Smith

Specific references to LGBT youth will be removed from two anti-bullying bills backed by Equality Texas to improve their chances of passage and de-politicize the issue, Instant Tea has learned.

One of the bills, House Bill 224 by State Rep. Mark Strama, D-Austin, is scheduled for a committee hearing Tuesday.

Chuck Smith, deputy director of Equality Texas, said Monday that a substitute for HB 224 will be introduced during the hearing that removes all enumerated categories — including sexual orientation — from a provision requiring school districts to report incidents of bullying to the state.

Instead, the substitute bill will direct the Texas education commissioner to specify what types of bullying must be reported. Smith said enumerated categories will also be removed from a companion bill in the Senate, SB 242 by Sen. Wendy Davis, D-Fort Worth. Davis’ bill as originally drafted included both sexual orientation and gender identity/expression.

“If they were all there it likely wouldn’t pass,” Smith said, referring to the enumerated categories. “At the end of the day, the reporting part is not important compared to the rest of the guts of the bill.”

HB 224 and SB 242 would establish uniform definitions for bullying and cyberbullying in the state education code, and require districts to create training programs for students, parents, staff and volunteers. The bills would also allow officials to transfer bullies to different classes or campuses than their victims.

Strama’s HB 224 is scheduled for a hearing at 2 p.m. Tuesday in the House public education committee. It’s one of three bills backed by Equality Texas scheduled for committee hearings Tuesday.

HB 172, by Rep. Marc Veasey, D-Fort Worth, would launch a study on the effectiveness of the James Byrd Jr. Hate Crimes Act. HB 172 is scheduled for a hearing at 10:30 a.m. in the House criminal jurisprudence committee.

HB 130, by Rep. Carol Alvarado, D-Houston, would incorporate an anti-bullying hotline into the state’s existing Texas Abuse/Neglect Hotline. HB 130 is scheduled for a hearing at 2 p.m. in the House human services committee. 

Smith said it’s unlikely that any of the bills will be voted on Tuesday. You can watch committee hearings live on the Legislature’s website. For more information on Equality Texas’ legislative agenda, go here. To register for the group’s lobby day on Monday, March 7, go here.

UPDATE: The full text of the substitute bill is here. Smith also had this to say on Facebook:

“I would have preferred a headline like, ‘House Public Ed Committee to hear landmark anti-bullying bill that will protect every child based upon any actual or perceived personal characteristics, behavior, or belief.’ That’s what’s IN the bill and EVERY child will be protected. The enumerated references were removed from reporting guidelines, not who is covered by the bill.”

—  John Wright