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.