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.