By Ogden, Rabuck H.B. No. 784 74R2448 KKA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to state indemnification of and assistance to school 1-3 districts and employees sued in connection with voluntary school 1-4 prayer or a moment of silence. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter Z, Chapter 21, Education Code, is 1-7 amended by adding Section 21.940 to read as follows: 1-8 Sec. 21.940. STATE ASSISTANCE AND INDEMNIFICATION IN 1-9 LAWSUITS ARISING FROM VOLUNTARY NONSECTARIAN PRAYER. (a) A school 1-10 district or district employee that is sued as a result of a policy 1-11 adopted by the district's board of trustees that authorizes 1-12 voluntary prayer or a moment of silence in a school or at a 1-13 school-sponsored event may request from the attorney general: 1-14 (1) state assistance in connection with the lawsuit; 1-15 or 1-16 (2) indemnification by the state for actual damages, 1-17 court costs, and attorney's fees adjudged against the district or 1-18 its employee. 1-19 (b) The attorney general shall determine whether a request 1-20 for assistance or indemnification made under this section arises 1-21 from a school district policy adopted and implemented in good 1-22 faith. If the attorney general determines that the request does 1-23 not arise from such a policy, the attorney general shall decline to 1-24 provide assistance or indemnification. If the attorney general 2-1 determines that the request arises from such a policy, the attorney 2-2 general shall, if requested: 2-3 (1) provide resource materials, advice, or other 2-4 assistance as available to the district or employee; 2-5 (2) defend the lawsuit on behalf of the district or 2-6 employee; or 2-7 (3) on behalf of the state, indemnify the district or 2-8 employee for actual damages, court costs, and attorney's fees 2-9 adjudged against the district or employee. 2-10 (c) If a school district or district employee denied 2-11 assistance or indemnification under this section by the attorney 2-12 general prevails in the lawsuit for which assistance or 2-13 indemnification was requested, the district or employee is entitled 2-14 to recover litigation costs and attorney's fees from the attorney 2-15 general. 2-16 (d) In this section, "good faith" means a reasonable belief 2-17 of a member of a board of trustees or a school district employee 2-18 that a policy, as adopted and implemented, does not expressly 2-19 violate an opinion or order of a court of competent jurisdiction. 2-20 SECTION 2. This Act applies to a cause of action against a 2-21 school district or employee that is filed on or after the effective 2-22 date of this Act. 2-23 SECTION 3. The importance of this legislation and the 2-24 crowded condition of the calendars in both houses create an 2-25 emergency and an imperative public necessity that the 2-26 constitutional rule requiring bills to be read on three several 2-27 days in each house be suspended, and this rule is hereby suspended, 3-1 and that this Act take effect and be in force from and after its 3-2 passage, and it is so enacted.