By Wilson H.B. No. 2911
75R9082 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of school districts for certain conduct
1-3 of employees that come in contact with students.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 101, Civil Practice and
1-6 Remedies Code, is amended by adding Section 101.0216 to read as
1-7 follows:
1-8 Sec. 101.0216. LIABILITY OF SCHOOL DISTRICT. (a) A school
1-9 district is liable for damages for personal injury or death if:
1-10 (1) the personal injury or death is proximately caused
1-11 by the sexual misconduct of an employee with respect to a student
1-12 of the school district;
1-13 (2) the employee comes into contact with students of
1-14 the school district in the scope of the employee's employment; and
1-15 (3) because of specific facts known to the school
1-16 district, the school district knew or should have known that the
1-17 employee posed a risk to students.
1-18 (b) Sections 101.023, 101.024, and 101.106 do not apply to
1-19 the liability of a school district under this section.
1-20 (c) In this section, "sexual misconduct" includes any
1-21 conduct that would be a violation of Chapter 21, Penal Code, and
1-22 the victim of which is a child younger than 18 years of age,
1-23 without regard to whether the person is convicted of an offense
1-24 with respect to the conduct.
2-1 SECTION 2. Section 101.051, Civil Practice and Remedies
2-2 Code, is amended to read as follows:
2-3 Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY
2-4 EXCLUDED. (a) Except as to motor vehicles, this chapter does not
2-5 apply [to a school district or] to a junior college district.
2-6 (b) Except as to motor vehicles and as provided by Section
2-7 101.0216, this chapter does not apply to a school district.
2-8 SECTION 3. Section 22.051(b), Education Code, is amended to
2-9 read as follows:
2-10 (b) This section does not apply to the operation, use, or
2-11 maintenance of any motor vehicle or to any act for which a school
2-12 district may be liable under Section 101.0216, Civil Practice and
2-13 Remedies Code.
2-14 SECTION 4. This Act applies only to a cause of action that
2-15 accrues on or after the effective date of this Act. A cause of
2-16 action that accrues before the effective date of this Act is
2-17 governed by the law as it existed immediately before the effective
2-18 date of this Act and that law is continued in effect for that
2-19 purpose.
2-20 SECTION 5. This Act takes effect September 1, 1997.
2-21 SECTION 6. 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.