ZEM H.B. 2911 75(R)BILL ANALYSIS


CIVIL PRACTICES
H.B. 2911
By: Wilson
4-16-97
Committee Report (Unamended)



BACKGROUND 

Under current law,  a school district is not liable for certain conduct of
employees who come in contact with students. 
 
PURPOSE

To provide for school district liability for a student's personal injury
or death resulting from the sexual misconduct of an employee. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Subchapter B, Chapter 101 of the Civil Practice and
Remedies Code by adding Section 101.0216 as follows: 

 (a) Provides that a school district is liable for damages for personal
injury or death    proximately caused by the sexual misconduct of an
employee who comes into   contact with a student of the school district
in the scope of the employee's employment and where the school district
knew or should have known the employee posed a risk to students. 

 (b) Provides that Secs. 101.023, 101.024, and 101.106 do not apply to the
liability of   a school district under this section. 

 (c) Defines "sexual misconduct".

SECTION 2   Amends Section 101.051 of the Civil Practice and Remedies Code
to include Section 101.0216 within the exception to governmental immunity
for school districts. 

SECTION 3   Amends Section 22.051(b) of the Education Code to include Sec.
101.0216 as an exclusion from government employee immunity. 

SECTION 4   Applies prospectively.  Savings clause.

SECTION 5 Effective date:  September 1, 1997.

SECTION 6 Emergency clause.