HBA-CMT H.B. 1335 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1335 By: Wilson Civil Practices 3/13/2001 Introduced BACKGROUND AND PURPOSE Under current state law, a school district is not liable for the sexual abuse of students by school personnel. House Bill 1335 provides that a school district is liable under certain conditions for the damages for personal injury to a student or the death of a student in relation to sexual misconduct of a school district employee. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1335 amends the Civil Practice and Remedies Code to set forth criteria for when a school district is liable for damages for personal injury to or death of a student in relation to sexual misconduct of a school district employee. The bill provides that a school district is liable for damages for personal injury or death if: _the personal injury or death is proximately caused by the sexual misconduct of a school district employee with respect to a student; _the employee comes into contact with students of the school district in the scope of the employee's employment; and _because of the specific facts known to the school district, the school district knew or should have known that the employee posed a risk to students. Provisions relating to limitation on amount of liability, exemplary damages, and partial exclusion of school and junior college districts, except as to motor vehicles, do not apply to the liability of a school district. The bill establishes personal liability for acts of a professional employee under the provisions of this bill incident to or within the scope of employment and for which a school district is liable. EFFECTIVE DATE September 1, 2001.