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A BILL TO BE ENTITLED
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AN ACT
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relating to the attorney general's duty to defend public school |
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teachers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 22, Education Code, is |
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amended by adding Section 22.0518 to read as follows: |
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Sec. 22.0518. DEFENSE BY ATTORNEY GENERAL. (a) The |
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attorney general shall defend a civil action brought against a |
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teacher employed by a school district or open-enrollment charter |
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school as a result of an act that the teacher in good faith believed |
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was incident to or within the scope of the teacher's duties if the |
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attorney general determines that the teacher acted in good faith. |
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(b) Subsection (a) applies regardless of whether at the time |
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the action is initiated the teacher has terminated service with the |
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school district or open-enrollment charter school. |
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(c) A determination made by the attorney general under |
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Subsection (a) may not be admitted as evidence in a civil court |
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proceeding. |
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(d) Nothing in this section may be construed to deprive a |
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teacher of the teacher's right to select legal counsel of the |
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teacher's choosing at the teacher's own expense. |
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SECTION 2. Section 22.0518, Education Code, as added by |
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this Act, applies only to actions brought on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |