By Wilson                                             H.B. No. 1335
         77R4183 SGA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of school districts and school district
 1-3     employees for certain conduct of employees that come in contact
 1-4     with students.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter B, Chapter 101, Civil Practice and
 1-7     Remedies Code, is amended by adding Section 101.0216 to read as
 1-8     follows:
 1-9           Sec. 101.0216.  LIABILITY OF SCHOOL DISTRICT.  (a)  A school
1-10     district is liable for damages for personal injury or death if:
1-11                 (1)  the personal injury or death is proximately caused
1-12     by the sexual misconduct of an employee with respect to a student
1-13     of the school district;
1-14                 (2)  the employee comes into contact with students of
1-15     the school district in the scope of the employee's employment; and
1-16                 (3)  because of specific facts known to the school
1-17     district, the school district knew or should have known that the
1-18     employee posed a risk to students.
1-19           (b)  Sections 101.023, 101.024, and 101.106 do not apply to
1-20     the liability of a school district under this section.
1-21           (c)  In this section, "sexual misconduct" includes any
1-22     conduct that would be a violation of Chapter 21, Penal Code, and
1-23     the victim of which is a child younger than 18 years of age,
1-24     without regard to whether the employee is convicted of an offense
 2-1     with respect to the conduct.
 2-2           SECTION 2.  Section 101.051, Civil Practice and Remedies
 2-3     Code, is amended to read as follows:
 2-4           Sec. 101.051.  SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY
 2-5     EXCLUDED.  (a)  Except as to motor vehicles, this chapter does not
 2-6     apply [to a school district or] to a junior college district.
 2-7           (b)  Except as to motor vehicles and as provided by Section
 2-8     101.0216, this chapter does not apply to a school district.
 2-9           SECTION 3.  Section 22.051(a), Education Code, is amended to
2-10     read as follows:
2-11           (a)  A professional employee of a school district is not
2-12     personally liable for any act that is incident to or within the
2-13     scope of the duties of the employee's position of employment and
2-14     that involves the exercise of judgment or discretion on the part of
2-15     the employee, except in circumstances in which:
2-16                 (1)  a professional employee uses excessive force in
2-17     the discipline of students;
2-18                 (2)  the [or] negligence of a professional employee
2-19     results [resulting] in bodily injury to students; or
2-20                 (3)  the professional employee commits an act for which
2-21     the school district is liable under Section 101.0216, Civil
2-22     Practice and Remedies Code.
2-23           SECTION 4.  This Act applies only to a cause of action that
2-24     accrues on or after the effective date of this Act.  A cause of
2-25     action that accrues before the effective date of this Act is
2-26     governed by the law as it existed immediately before the effective
2-27     date of this Act, and that law is continued in effect for that
 3-1     purpose.
 3-2           SECTION 5.  This Act takes effect September 1, 2001.