77R12606 ESH-D
By Grusendorf H.B. No. 2664
Substitute the following for H.B. No. 2664:
By Hope C.S.H.B. No. 2664
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability of public school employees and volunteers
1-3 and certain independent contractors of public schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Section 22.051, Education Code, is
1-6 amended to read as follows:
1-7 Sec. 22.051. IMMUNITY FROM LIABILITY FOR PROFESSIONAL
1-8 EMPLOYEES AND INDEPENDENT CONTRACTORS.
1-9 SECTION 2. Section 22.051(a), Education Code, is amended to
1-10 read as follows:
1-11 (a) A professional employee of a school district, or an
1-12 independent contractor of a school district who is directly engaged
1-13 in student-related services, is not personally liable for any act
1-14 that is incident to or within the scope of the duties of the
1-15 employee's position of employment or the person's contract and that
1-16 involves the exercise of judgment or discretion on the part of the
1-17 employee or independent contractor, except in circumstances in
1-18 which a professional employee or independent contractor uses
1-19 excessive force in the discipline of students [or negligence
1-20 resulting in bodily injury to students].
1-21 SECTION 3. Section 22.051, Education Code, as amended by
1-22 this Act, applies beginning with the 2001-2002 school year.
1-23 SECTION 4. This Act takes effect immediately if it receives
1-24 a vote of two-thirds of all the members elected to each house, as
2-1 provided by Section 39, Article III, Texas Constitution. If this
2-2 Act does not receive the vote necessary for immediate effect, this
2-3 Act takes effect September 1, 2001.