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.