78R3453 CAS-D

By:  Eiland                                                       H.B. No. 836



A BILL TO BE ENTITLED

AN ACT

relating to immunity from liability for public school teachers.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 22.051, Education Code, is amended by 
adding Subsection (a-1) and amending Subsections (b) and (c) to 
read as follows:
	(a-1)  A teacher employed by a school district is not 
personally liable for any act that is incident to or within the 
scope of the duties of the teacher's position of employment.  This 
subsection does not apply to any act that constitutes a criminal 
offense, including sexual misconduct.
	(b)  Subsection (a) [This section] does not apply to the 
operation, use, or maintenance of any motor vehicle.
	(c)  In this section, "professional employee" includes:                        
		(1)  a superintendent, principal, [teacher,] 
supervisor, social worker, counselor, nurse, and teacher's aide;
		(2)  a student in an education preparation program 
participating in a field experience or internship;
		(3)  a school bus driver certified in accordance with 
standards and qualifications adopted by the Department of Public 
Safety;  and
		(4)  any other person, except a teacher, whose 
employment requires certification and the exercise of discretion.
	SECTION 2.  This Act takes effect September 1, 2003.