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.