By Johnson H.B. No. 2270
74R6683 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing public school teachers to discuss core
1-3 ethical and moral values and to providing certain immunity from
1-4 liability for employees of school districts or public schools.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 21, Education Code, is
1-7 amended by adding Section 21.104 to read as follows:
1-8 Sec. 21.104. CORE ETHICAL AND MORAL VALUES. In teaching the
1-9 curriculum required under Section 21.101, a teacher may discuss
1-10 core ethical and moral values, including:
1-11 (1) assuming personal responsibility;
1-12 (2) having respect for oneself and others and for law
1-13 and order;
1-14 (3) being honest, trustworthy, caring, courteous, and
1-15 a good citizen; and
1-16 (4) appreciating the value of work.
1-17 SECTION 2. Subchapter Z, Chapter 21, Education Code, is
1-18 amended by adding Section 21.9051 to read as follows:
1-19 Sec. 21.9051. EMPLOYEE IMMUNITY FROM LIABILITY FOR CERTAIN
1-20 ACTS THAT ARE WITHIN THE SCOPE OF EMPLOYMENT AND REQUIRE EXERCISE
1-21 OF DISCRETION. (a) An employee of a school district or of a
1-22 public primary or secondary school is immune from civil liability
1-23 for an act that is incident to or within the scope of employment
1-24 and that involves the exercise of the employee's judgment or
2-1 discretion, except in a circumstance in which the employee uses
2-2 excessive force in the discipline of a student or is negligent in
2-3 the discipline of a student and the excessive force or negligence
2-4 results in bodily injury to the student. An employee does not lose
2-5 the immunity provided by this subsection for the use of
2-6 self-defense as provided by Section 9.31, Penal Code, or deadly
2-7 force in defense of a person as provided by Section 9.32, Penal
2-8 Code.
2-9 (b) A teacher who discusses core ethical and moral values
2-10 under Section 21.104 is immune from civil liability for any damages
2-11 resulting from the discussion unless damages were inflicted
2-12 intentionally, wilfully or wantonly, or with conscious indifference
2-13 or reckless disregard for the safety of others.
2-14 (c) This section does not apply to an employee's operation,
2-15 use, or maintenance of a motor vehicle.
2-16 SECTION 3. Section 21.912, Education Code, is amended to
2-17 read as follows:
2-18 Sec. 21.912. DUTIES OF PROFESSIONAL EMPLOYEES<; LIABILITY>.
2-19 (a) The board of trustees of each school district within this
2-20 state shall adopt policies specifying the duties of each of its
2-21 professional positions of employment. The board of trustees shall
2-22 assign positions of employment earned under the minimum foundation
2-23 program to meet the specific needs of the district.
2-24 (b) <No professional employee of any school district within
2-25 this state shall be personally liable for any act incident to or
2-26 within the scope of the duties of his position of employment, and
2-27 which act involves the exercise of judgment or discretion on the
3-1 part of the employee, except in circumstances where professional
3-2 employees use excessive force in the discipline of students or
3-3 negligence resulting in bodily injury to students.>
3-4 <(c) This section is not applicable to the operation, use,
3-5 or maintenance of any motor vehicle.>
3-6 <(d)> "Professional employee," as used in this section,
3-7 includes superintendents, principals, classroom teachers,
3-8 supervisors, counselors, and any other person whose employment
3-9 requires certification and an exercise of discretion.
3-10 SECTION 4. This Act applies only to a cause of action that
3-11 arises on or after the effective date of this Act. A cause of
3-12 action that arose before the effective date of this Act is governed
3-13 by the law in effect on the date the cause of action arose, and
3-14 that law is continued in effect for that purpose.
3-15 SECTION 5. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.