By Grusendorf                                         H.B. No. 1952
         77R6519 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an award of attorney's fees to the prevailing party in
 1-3     certain suits related to public schools.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 11, Education Code, is
 1-6     amended by adding Section 11.1611 to read as follows:
 1-7           Sec. 11.1611.  ATTORNEY'S FEES TO PREVAILING PARTY.  (a)  In
 1-8     a civil suit brought against an independent school district for
 1-9     damages arising from a school-related act or omission by the
1-10     district, the court shall award reasonable attorney's fees to the
1-11     prevailing party.
1-12           (b)  Subsection (a) does not apply to a suit brought under
1-13     the Individuals with Disabilities Education Act (20 U.S.C. Section
1-14     1400 et seq.) and its subsequent amendments.
1-15           (c)  To the extent that Section 11.161 or any other law may
1-16     result in more than one authorization for the court to award
1-17     reasonable attorney's fees, this section does not authorize the
1-18     court to increase the award over the amount of reasonable
1-19     attorney's fees.
1-20           SECTION 2.  Subchapter I, Chapter 21, Education Code, is
1-21     amended by adding Section 21.411 to read as follows:
1-22           Sec. 21.411.  ATTORNEY'S FEES TO PREVAILING PARTY IN SUIT
1-23     AGAINST TEACHER.  (a)  In a civil suit brought against a teacher
1-24     employed by an independent school district for damages arising from
 2-1     a school-related act or omission by the teacher, the court shall
 2-2     award reasonable attorney's fees to the prevailing party.
 2-3           (b)  Subsection (a)  does not apply to a suit brought under
 2-4     the Individuals with Disabilities Education Act (20 U.S.C. Section
 2-5     1400 et seq.) and its subsequent amendments.
 2-6           SECTION 3.  This Act takes effect September 1, 2001, and
 2-7     applies only to a cause of action that accrues on or after that
 2-8     date.  An action that accrued before the effective date of this Act
 2-9     is governed by the law applicable to the action immediately before
2-10     the effective date of this Act, and that law is continued in effect
2-11     for that purpose.