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§ 85.001.Definitions

Title 4. Liability in Tort · Chapter 85. Liability for Stalking · Last amended 2003 · Last verified August 29, 2026

In one sentenceSection 85.001 defines "harassing behavior" as conduct directed specifically at the claimant that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them.

Full Text of § 85.001

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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.
End

Plain-English Summary

Four definitions, and the fourth is the one the chapter turns on.

"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 them.

"Directed specifically toward the claimant" is the first limit. Conduct aimed at the world, or at a group, is outside. Stalking is a course of conduct pointed at one person, and the definition says so.

"Reasonably likely" makes the test objective. The question is what the conduct was likely to do, not what the claimant felt — which protects a defendant from an unusually sensitive complainant and a claimant from having to prove their own distress to establish the behaviour.

The six verbs run from serious to mild, and "annoy" and "embarrass" at the low end are notably undemanding. The chapter’s severity comes from the proof provision rather than from this definition, which supplies the raw material.

"Including following the claimant" names the paradigm case without confining the definition to it.

The other three definitions are structural. "Claimant" reaches a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, and where damages are sought on another person’s behalf it covers both that person and the party suing. "Defendant" is any party from whom recovery is sought. "Family" takes its meaning from the Family Code.

The Family Code borrowing matters because the proof provision requires the conduct to have caused fear of harm or death to the claimant or a member of their family or household.

Frequently Asked Questions

What is harassing behavior under the Texas civil stalking statute?

Conduct directed specifically toward the claimant, including following them, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass them.

Does it have to be aimed at me personally?

Yes. The conduct must be directed specifically toward the claimant, so conduct aimed at the world or at a group is outside.

Is the test how I felt about it?

No. The standard is objective — what the conduct was reasonably likely to do.

Why does the chapter borrow the Family Code definition of family?

Because the proof provision requires fear of harm or death to the claimant or a member of their family or household.

Amendment History

  • 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.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source