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.