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§ 85.006.Cause of Action Cumulative

Title 4. Liability in Tort · Chapter 85. Liability for Stalking · Last amended 1997 · Last verified August 29, 2026

In one sentenceSection 85.006 makes the stalking cause of action cumulative of any other remedy provided by common law or statute.

Full Text of § 85.006

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The cause of action created by this chapter is cumulative of any other remedy provided by common law or statute.
End

Plain-English Summary

One sentence keeping every other remedy available: the cause of action created by this chapter is cumulative of any other remedy provided by common law or statute.

The provision matters because stalking is rarely only stalking. The same course of conduct commonly supports several claims at once, and this section confirms the claimant need not choose.

What sits alongside it is a long list. Assault, intentional infliction of emotional distress, invasion of privacy, and trespass at common law. By statute, the civil claims for unlawful disclosure of intimate visual material and for online impersonation both reach conduct that frequently accompanies stalking.

Bringing several claims is not merely tidy pleading. Each carries its own damages provision, its own limitations period, and its own standard of proof, so a claim that fails on one element may succeed on another set.

The chapter’s own damages provision is generous — actual damages including mental anguish, exemplary damages, and fees and costs — but the exemplary damages there remain subject to the general damages chapter.

Protective orders are the other remedy worth naming, and they are not damages at all. A civil damages claim does nothing to stop the conduct, and a stalking victim usually wants it stopped more than they want money.

The cumulative-remedy formula appears throughout this part of the code — in the trafficking, compelled prostitution, intimate visual material, and online impersonation chapters — and means the same thing in each.

Frequently Asked Questions

Can I bring other claims alongside a stalking claim?

Yes. The cause of action is cumulative of any other remedy provided by common law or statute.

What other claims might apply?

Assault, intentional infliction of emotional distress, invasion of privacy, and trespass at common law, plus the statutory claims for intimate visual material and online impersonation.

Does a damages claim stop the stalking?

No. A protective order is the remedy directed at stopping the conduct, and it is unaffected by this chapter.

Amendment History

  • Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14, 1995.
  • Renumbered from Civil Practice and Remedies Code Sec. 83.006 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff. Sept. 1, 1997.
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