By Grusendorf H.B. No. 2664
77R8488 ESH-D
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 and to false
1-4 statements against those persons; providing a criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading to Section 22.051, Education Code, is
1-7 amended to read as follows:
1-8 Sec. 22.051. IMMUNITY FROM LIABILITY FOR PROFESSIONAL
1-9 EMPLOYEES AND INDEPENDENT CONTRACTORS.
1-10 SECTION 2. Section 22.051(a), Education Code, is amended to
1-11 read as follows:
1-12 (a) A professional employee of a school district or an
1-13 independent contractor of a school district who is directly engaged
1-14 in student-related services is not personally liable for any act
1-15 that is incident to or within the scope of the duties of the
1-16 employee's position of employment or the person's contract and that
1-17 involves the exercise of judgment or discretion on the part of the
1-18 employee or independent contractor, except in circumstances in
1-19 which a professional employee or independent contractor uses
1-20 excessive force in the discipline of students [or negligence
1-21 resulting in bodily injury to students].
1-22 SECTION 3. Section 37.006, Education Code, is amended by
1-23 adding Subsection (m) to read as follows:
1-24 (m) A student who is at least seven years of age but is
2-1 younger than 18 years of age may be removed from class and placed
2-2 in an alternative education program if the student engages in
2-3 conduct that contains the elements of the offense of false
2-4 statement against educator under Section 37.082, Penal Code.
2-5 SECTION 4. Section 37.007, Education Code, is amended by
2-6 adding Subsection (i) to read as follows:
2-7 (i) A student who is at least seven years of age but is
2-8 younger than 18 years of age may be expelled if the student engages
2-9 in conduct that contains the elements of the offense of false
2-10 statement against educator under Section 37.082, Penal Code.
2-11 SECTION 5. Section 37.016, Education Code, is amended to read
2-12 as follows:
2-13 Sec. 37.016. REPORT OF [DRUG] OFFENSES; LIABILITY. A
2-14 teacher, school administrator, [or] school employee, school
2-15 volunteer, or an independent contractor of a school district who is
2-16 directly engaged in student-related services is not liable in civil
2-17 damages for reporting to a school administrator or governmental
2-18 authority[, in the exercise of professional judgment within the
2-19 scope of the teacher's, administrator's, or employee's duties,] a
2-20 student whom the person making the report has reasonable grounds to
2-21 suspect [teacher suspects] of:
2-22 (1) using, passing, possessing, distributing, or
2-23 selling, on school property:
2-24 (A) [(1)] marihuana or a controlled substance,
2-25 as defined by Chapter 481, Health and Safety Code;
2-26 (B) [(2)] a dangerous drug, as defined by
2-27 Chapter 483, Health and Safety Code;
3-1 (C) [(3)] an abusable glue or aerosol paint, as
3-2 defined by Chapter 485, Health and Safety Code, or a volatile
3-3 chemical, as listed in Chapter 484, Health and Safety Code, if the
3-4 substance is used or sold for the purpose of inhaling its fumes or
3-5 vapors; [or]
3-6 (D) [(4)] an alcoholic beverage, as defined by
3-7 Section 1.04, Alcoholic Beverage Code;
3-8 (E) a firearm, as defined by Section 46.01,
3-9 Penal Code, or 18 U.S.C. Section 921 and its subsequent amendments;
3-10 or
3-11 (F) a weapon listed as a prohibited weapon under
3-12 Section 46.05, Penal Code; or
3-13 (2) having engaged in conduct that contains the
3-14 elements of an offense that is a:
3-15 (A) felony offense; or
3-16 (B) misdemeanor that involves violence.
3-17 SECTION 6. Chapter 37, Penal Code, is amended by adding
3-18 Section 37.082 to read as follows:
3-19 Sec. 37.082. FALSE STATEMENT AGAINST EDUCATOR. (a) A person
3-20 who is 18 years of age or older commits an offense if, with intent
3-21 to deceive, the person knowingly makes a statement to a law
3-22 enforcement authority, a school district officer or employee, or
3-23 both, that contains a false accusation of criminal activity by:
3-24 (1) a public school administrator, employee, or
3-25 volunteer; or
3-26 (2) an independent contractor of a public school who
3-27 is directly engaged in student-related services.
4-1 (b) An offense under this section is a Class B misdemeanor.
4-2 (c) This section is in addition to and does not limit the
4-3 civil or criminal liability of a person who makes a false statement
4-4 alleging criminal activity by another.
4-5 SECTION 7. Sections 22.051 and 37.016, Education Code, as
4-6 amended by this Act, and Sections 37.006(m) and 37.007(i),
4-7 Education Code, as added by this Act, apply beginning with the
4-8 2001-2002 school year.
4-9 SECTION 8. (a) Except as provided by Subsection (b) of this
4-10 section, this Act takes effect immediately if it receives a vote of
4-11 two-thirds of all the members elected to each house, as provided by
4-12 Section 39, Article III, Texas Constitution. If this Act does not
4-13 receive the vote necessary for immediate effect, this Act takes
4-14 effect September 1, 2001.
4-15 (b) Section 6 of this Act takes effect September 1, 2001.