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A BILL TO BE ENTITLED
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AN ACT
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relating to the indemnification of a school district for a cause of |
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action arising out of the discipline of a student by a professional |
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employee of the district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 111 to read as follows: |
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CHAPTER 111. INDEMNIFICATION OF SCHOOL DISTRICT FOR STUDENT |
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DISCIPLINARY ACTIONS |
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Sec. 111.001. DEFINITION. In this chapter, "professional |
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employee of a school district" has the meaning assigned by Section |
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22.051, Education Code. |
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Sec. 111.002. STATE LIABILITY. In a cause of action based |
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on conduct described in Section 111.004, the state shall indemnify |
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a school district for actual damages, court costs, and attorney's |
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fees adjudged against the district. |
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Sec. 111.003. SCHOOL DISTRICT GUIDELINES. The state is |
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liable for indemnification under this chapter only if a school |
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district has adopted guidelines regarding student discipline |
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management procedures. The guidelines must: |
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(1) outline appropriate discipline management |
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procedures; and |
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(2) require that disciplinary measures be justified |
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under Section 9.62, Penal Code. |
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Sec. 111.004. CONDUCT COVERED. The state is liable for |
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indemnification under this chapter only if the damages: |
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(1) are based on an act or omission by a professional |
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employee of a school district: |
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(A) in the scope of the employee's employment |
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duties; and |
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(B) in which the employee has acted within |
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district guidelines established under Section 111.003; and |
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(2) arise out of a cause of action for the discipline |
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of a student by the employee. |
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Sec. 111.005. LIMITS ON AMOUNT OF RECOVERABLE DAMAGES. (a) |
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Except as provided by Subsection (b) or a specific appropriation, |
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state liability for indemnification under this chapter may not |
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exceed: |
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(1) $100,000 for a single person indemnified and, if |
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more than one person is indemnified, $300,000 for a single |
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occurrence in the case of personal injury, death, or deprivation of |
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a right, privilege, or immunity; and |
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(2) $10,000 for each single occurrence of damage to |
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property. |
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(b) For the purposes of this section, a claim arises out of a |
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single occurrence if the claim arises from a common nucleus of |
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operative facts, regardless of the number of claimants or the |
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number of separate acts or omissions. |
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Sec. 111.006. DEFENSE BY ATTORNEY GENERAL. (a) The |
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attorney general shall defend a school district in a cause of action |
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covered by this chapter. |
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(b) The attorney general may settle or compromise the |
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portion of a lawsuit that may result in state liability under this |
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chapter. |
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Sec. 111.007. SERVICE OF PROCESS OR TIMELY NOTICE TO |
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ATTORNEY GENERAL REQUIRED. The state is not liable for the defense |
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of an action covered by this chapter or for damages, court costs, or |
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attorney's fees unless: |
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(1) the attorney general has been served in the case |
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and the state has been given an opportunity to defend the suit; or |
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(2) the school district against whom the action is |
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brought delivers to the attorney general all process served on the |
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district or the professional employee of the school district not |
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later than the 10th day after the date of service. |
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Sec. 111.008. SECURITY OR BOND. In a cause of action |
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defended by the attorney general under this chapter, the attorney |
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general or the school district represented may not be required to |
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advance security for cost or to give bond on appeal or on review by |
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writ of error. |
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Sec. 111.009. FUNDS FOR DEFENSE. (a) Only funds |
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appropriated from the general revenue fund to the attorney general |
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may be used to conduct the defense of an action that the attorney |
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general is required to defend under this chapter. |
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(b) Conducting the defense of an action covered by this |
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chapter includes investigating, taking depositions, making |
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discovery, preparing for trial, preparing exhibits or other |
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evidence, and participating in actual trial. |
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Sec. 111.010. NO WAIVER OF DEFENSES. This chapter does not |
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waive a defense, immunity, or jurisdictional bar available to the |
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state or a school district. |
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SECTION 2. The change in law made by this Act applies only |
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to indemnification in connection with a cause of action that |
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accrues on or after the effective date of this Act. Indemnification |
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in connection with a cause of action that accrues before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |