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.