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.