By Dear H.B. No. 2474
74R6608 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain immunity from liability of employees of a
1-3 school district or public school.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 21, Education Code, is
1-6 amended by adding Section 21.9051 to read as follows:
1-7 Sec. 21.9051. EMPLOYEE IMMUNITY FROM LIABILITY FOR CERTAIN
1-8 ACTS THAT ARE WITHIN THE SCOPE OF EMPLOYMENT AND REQUIRE EXERCISE
1-9 OF DISCRETION. (a) An employee of a school district or of a
1-10 public primary or secondary school is immune from personal
1-11 liability for an act that is incident to or within the scope of
1-12 employment and that involves the exercise of the employee's
1-13 judgment or discretion, except in a circumstance in which the
1-14 employee uses excessive force in the discipline of a student or is
1-15 negligent in the discipline of a student and the excessive force or
1-16 negligence results in bodily injury to the student.
1-17 (b) This section does not apply to an employee's operation,
1-18 use, or maintenance of a motor vehicle.
1-19 SECTION 2. Section 21.912, Education Code, is amended to
1-20 read as follows:
1-21 Sec. 21.912. DUTIES OF PROFESSIONAL EMPLOYEES<; LIABILITY>.
1-22 (a) The board of trustees of each school district within this
1-23 state shall adopt policies specifying the duties of each of its
1-24 professional positions of employment. The board of trustees shall
2-1 assign positions of employment earned under the minimum foundation
2-2 program to meet the specific needs of the district.
2-3 (b) <No professional employee of any school district within
2-4 this state shall be personally liable for any act incident to or
2-5 within the scope of the duties of his position of employment, and
2-6 which act involves the exercise of judgment or discretion on the
2-7 part of the employee, except in circumstances where professional
2-8 employees use excessive force in the discipline of students or
2-9 negligence resulting in bodily injury to students.>
2-10 <(c) This section is not applicable to the operation, use,
2-11 or maintenance of any motor vehicle.>
2-12 <(d)> "Professional employee," as used in this section,
2-13 includes superintendents, principals, classroom teachers,
2-14 supervisors, counselors, and any other person whose employment
2-15 requires certification and an exercise of discretion.
2-16 SECTION 3. This Act applies only to a cause of action that
2-17 arises on or after the effective date of this Act. A cause of
2-18 action that arose before the effective date of this Act is governed
2-19 by the law in effect on the date the cause of action arose, and
2-20 that law is continued in effect for that purpose.
2-21 SECTION 4. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
2-26 and that this Act take effect and be in force from and after its
2-27 passage, and it is so enacted.