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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of public schools and professional school |
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employees for certain acts or omissions involving students. |
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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 118 to read as follows: |
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CHAPTER 118. LIABILITY OF PUBLIC SCHOOLS AND PROFESSIONAL |
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EMPLOYEES OF PUBLIC SCHOOLS FOR CERTAIN ACTS OR OMISSIONS |
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Sec. 118.001. DEFINITIONS. In this chapter: |
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(1) "Open-enrollment charter school" has the meaning |
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assigned by Section 5.001, Education Code. |
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(2) "Professional school employee" includes: |
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(A) a superintendent or administrator serving as |
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educational leader and chief executive officer of the school, |
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principal or equivalent chief operating officer, teacher, |
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including a substitute teacher, supervisor, social worker, school |
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counselor, nurse, and teacher's aide employed by a public school; |
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(B) a teacher employed by a company that |
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contracts with a public school to provide the teacher's services to |
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the school; |
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(C) a student in an education preparation program |
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participating in a field experience or internship; |
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(D) a school bus driver certified in accordance |
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with standards and qualifications adopted by the Department of |
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Public Safety of the State of Texas; |
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(E) a member of the board of trustees of an |
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independent school district or a member of the governing body of an |
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open-enrollment charter school; and |
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(F) any other person employed by a public school |
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whose employment requires certification and the exercise of |
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discretion. |
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(3) "Public school" means an independent school |
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district or an open-enrollment charter school. |
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(4) "Sexual misconduct" means sexual abuse or conduct |
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described by Section 20A.02, 21.02, 21.07, 21.08, 21.11, 21.12, |
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21.15, 21.16, 21.165, 21.17, 21.18, 21.19, 22.011, 22.012, 22.021, |
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or 43.25, Penal Code. |
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Sec. 118.002. LIABILITY. (a) A public school that is |
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negligent in hiring, supervising, or employing a professional |
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school employee is liable for an act or omission that is committed |
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by a professional school employee against a student enrolled in the |
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school and that is: |
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(1) sexual misconduct; or |
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(2) failure to report suspected child abuse or neglect |
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under Section 261.101, Family Code. |
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(b) In an action against a public school under this chapter, |
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the professional school employee who committed the act or omission |
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on which the claim is based must be named as a defendant. The public |
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school and the professional school employee are jointly and |
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severally liable for an award in an action under this chapter. |
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Sec. 118.003. DAMAGES. A claimant who prevails in an action |
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under this chapter shall be awarded: |
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(1) actual damages in a maximum amount of $500,000 for |
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each act or omission described by Section 118.002(a); |
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(2) court costs; and |
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(3) reasonable and necessary attorney's fees. |
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Sec. 118.004. REMEDIES NOT EXCLUSIVE. The remedies |
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authorized by this chapter are in addition to any other legal |
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remedies. |
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Sec. 118.005. WAIVER OF GOVERNMENTAL IMMUNITY; OFFICIAL |
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IMMUNITY ABOLISHED. (a) A public school's governmental immunity |
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to suit and from liability is waived to the extent of liability |
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created by this chapter. |
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(b) A professional school employee may not assert official |
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immunity under Subchapter B, Chapter 22, Education Code, the common |
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law, or any other law in an action brought under this chapter. |
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SECTION 2. Chapter 118, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |