By Jones of Dallas H.B. No. 3097
75R7253 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption of codes of conduct for school board
1-3 meetings and the creation of a civil cause of action for violations
1-4 of codes of conduct.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 11, Education Code, is
1-7 amended by adding Section 11.164 to read as follows:
1-8 Sec. 11.164. CODE OF CONDUCT. (a) The commissioner of
1-9 education shall develop a model code of conduct applicable to
1-10 meetings of the board of trustees of independent school districts.
1-11 (b) The board of trustees of each independent school
1-12 district shall develop and adopt a code of conduct applicable to
1-13 meetings of the board of trustees based on the model code of
1-14 conduct developed under Subsection (a).
1-15 (c) The board of trustees of each independent school
1-16 district shall adopt a code of conduct as required by Subsection
1-17 (b) not later than September 1, 1998. This subsection expires
1-18 September 1, 1999.
1-19 SECTION 2. Title 4, Civil Practice and Remedies Code, is
1-20 amended by adding Chapter 90 to read as follows:
1-21 CHAPTER 90. LIABILITY FOR VIOLATION OF CODE OF CONDUCT
1-22 Sec. 90.001. DEFINITION. In this chapter, "code of conduct"
1-23 means a code of conduct adopted by a school district under Section
1-24 11.164, Education Code.
2-1 Sec. 90.002. LIABILITY OF BOARD MEMBER FOR VIOLATION OF CODE
2-2 OF CONDUCT. A member of the board of trustees of an independent
2-3 school district is liable to another member of the board of
2-4 trustees for damages sustained by that member if the board member
2-5 violates the code of conduct.
2-6 Sec. 90.003. DAMAGES. (a) A plaintiff who prevails in a
2-7 suit under this chapter may recover actual damages or $1,000,
2-8 whichever is greater.
2-9 (b) In addition to an award under Subsection (a), a
2-10 plaintiff who prevails in a suit under this chapter may recover
2-11 reasonable attorney's fees.
2-12 SECTION 3. (a) This Act takes effect September 1, 1997, and
2-13 applies only to a cause of action that accrues on or after the
2-14 effective date of this Act.
2-15 (b) The commissioner of education shall distribute the model
2-16 code of conduct developed under Section 11.164, Education Code, as
2-17 added by this Act, to all independent school districts in the state
2-18 not later than December 1, 1997.
2-19 SECTION 4. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.