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.