By Lewis of Orange                              H.B. No. 1892

      75R7429 ESH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to attorney's fees and costs in certain complaints against

 1-3     school district employees.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 22, Education Code, is

 1-6     amended by adding Section 22.056 to read as follows:

 1-7           Sec. 22.056.  ATTORNEY'S FEES AND COSTS IN COMPLAINT AGAINST

 1-8     EMPLOYEE.  (a)  A person who alleges that a school district

 1-9     employee violated a district policy prohibiting sexual harassment

1-10     or sexual misconduct is liable for attorney's fees and costs

1-11     incurred by the employee who is the subject of the complaint if:

1-12                 (1)  the employee was acting under color of employment

1-13     in connection with the alleged harassment or misconduct; and

1-14                 (2)  the board of trustees of the district, or the

1-15     board's designee responsible for addressing the complaint under

1-16     district policy, dismisses the complaint because the board or its

1-17     designee determines there is no factual basis for the complaint.

1-18           (b)  If the person making the allegation is a minor, the

1-19     person's parents or guardians are liable for attorney's fees and

1-20     costs under this section.

1-21           SECTION 2.  This Act applies beginning with the 1997-1998

1-22     school year.

1-23           SECTION 3.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

 2-2     constitutional rule requiring bills to be read on three several

 2-3     days in each house be suspended, and this rule is hereby suspended,

 2-4     and that this Act take effect and be in force from and after its

 2-5     passage, and it is so enacted.