LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 14, 1997
         
         
      TO: Honorable Patricia Gray, Chair            IN RE:  House Bill No. 2911
          Committee on Civil Practices                              By: Wilson
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB2911 ( Relating 
to the liability of school districts for certain conduct of 
employees that come in contact with students.) this office has 
detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB2911-As Introduced
         
No fiscal implication to the State is anticipated.
         

         
 
          
The bill would effect the liability of school districts for 
the conduct of employees that come in contact with students 
by adding Section 101.0216  to Subchapter B, Chapter 101 of 
the Civil Practice and Remedies Code.  This new section makes 
a school district liable for damages if sexual misconduct of 
an employee is the proximate cause of injury or death of a student, 
and the employee comes in contact with students in the scope 
of employment, and the district knew or should have known that 
the employee posed a risk to students.  

The bill would create 
an opportunity for higher costs to school districts by assigning 
liability in situations in which none apparently exists now. 
 Districts could minimize the potential risk to students and 
therefore potential civil liability by removing certain personnel 
from contact with students.
    
          
   Source:            Agencies:   701   Texas Education Agency - Administration
                                         781   Higher Education Coordinating Board
                                         
                      LBB Staff:   JK ,PE ,UP