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.