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  81R11476 CS-D
 
  By: Vaught H.B. No. 3888
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to immunity from liability of certain professional
  employees of school districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.051(a), Education Code, is amended to
  read as follows:
         (a)  In this subchapter, "professional employee of a school
  district" includes:
               (1)  a superintendent, principal, teacher, including a
  substitute teacher, supervisor, social worker, counselor, nurse,
  and teacher's aide employed by a school district;
               (2)  a teacher employed by a company that contracts
  with a school district to provide the teacher's services to the
  district;
               (3)  a student in an education preparation program
  participating in a field experience or internship;
               (4)  a school bus driver certified in accordance with
  standards and qualifications adopted by the Department of Public
  Safety of the State of Texas;
               (5)  a member of the board of trustees of an independent
  school district;
               (6)  a physical therapist, speech-language
  pathologist, audiologist, athletic trainer, or school
  psychologist; and
               (7) [(6)]  any other person employed by a school
  district whose employment requires certification and the exercise
  of discretion.
         SECTION 2.  This Act applies only to a cause of action that
  accrues on or after the effective date of this Act. A cause of
  action that accrues before the effective date of this Act is
  governed by the law in effect immediately before that date, and that
  law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.