| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to liability of public schools and professional school |
|
|
employees for sexual misconduct involving students. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 5, Civil Practice and Remedies Code, is |
|
|
amended by adding Chapter 118 to read as follows: |
|
|
CHAPTER 118. LIABILITY OF PUBLIC SCHOOLS AND PROFESSIONAL |
|
|
EMPLOYEES OF PUBLIC SCHOOLS FOR CERTAIN ACTS OR OMISSIONS |
|
|
Sec. 118.001. DEFINITIONS. In this chapter: |
|
|
(1) "Open-enrollment charter school" has the meaning |
|
|
assigned by Section 5.001, Education Code. |
|
|
(2) "Professional school employee" includes: |
|
|
(A) a superintendent or administrator serving as |
|
|
educational leader and chief executive officer of the school, |
|
|
principal or equivalent chief operating officer, teacher, |
|
|
including a substitute teacher, supervisor, social worker, school |
|
|
counselor, nurse, and teacher's aide employed by a public school; |
|
|
(B) a teacher employed by a company that |
|
|
contracts with a public school to provide the teacher's services to |
|
|
the school; |
|
|
(C) a student in an education preparation program |
|
|
participating in a field experience or internship; |
|
|
(D) a school bus driver certified in accordance |
|
|
with standards and qualifications adopted by the Department of |
|
|
Public Safety of the State of Texas; |
|
|
(E) a member of the board of trustees of an |
|
|
independent school district or a member of the governing body of an |
|
|
open-enrollment charter school; and |
|
|
(F) any other person employed by a public school |
|
|
whose employment requires certification and the exercise of |
|
|
discretion. |
|
|
(3) "Public school" means an independent school |
|
|
district or an open-enrollment charter school. |
|
|
(4) "Sexual misconduct" means sexual abuse or conduct |
|
|
described by Section 20A.02, 21.02, 21.07, 21.08, 21.11, 21.12, |
|
|
21.15, 21.16, 21.165, 21.17, 21.18, 21.19, 22.011, 22.012, 22.021, |
|
|
or 43.25, Penal Code. |
|
|
Sec. 118.002. LIABILITY. (a) A public school that is |
|
|
grossly negligent or reckless, or engages in intentional |
|
|
misconduct, in hiring, supervising, or employing a professional |
|
|
school employee is liable for an act or omission that is committed |
|
|
by a professional school employee against a student enrolled in the |
|
|
school and that is: |
|
|
(1) sexual misconduct; or |
|
|
(2) failure to report suspected child abuse or neglect |
|
|
under Section 261.101, Family Code. |
|
|
(b) In an action against a public school under this chapter, |
|
|
the professional school employee who committed the act or omission |
|
|
on which the claim is based must be named as a defendant. |
|
|
Sec. 118.003. DAMAGES. A claimant who prevails in an action |
|
|
under this chapter shall be awarded money damages in a maximum |
|
|
amount of $500,000 for each claimant. |
|
|
Sec. 118.004. COURT COSTS AND ATTORNEY'S FEES. A party who |
|
|
prevails in an action under this chapter is entitled to: |
|
|
(1) court costs; and |
|
|
(2) reasonable and necessary attorney's fees. |
|
|
Sec. 118.005. REMEDIES NOT EXCLUSIVE. The remedies |
|
|
authorized by this chapter are in addition to any other legal |
|
|
remedies. |
|
|
Sec. 118.006. WAIVER OF GOVERNMENTAL IMMUNITY; OFFICIAL |
|
|
IMMUNITY ABOLISHED. (a) A public school's governmental immunity |
|
|
to suit and from liability is waived to the extent of liability |
|
|
created by this chapter. |
|
|
(b) A professional school employee may not assert official |
|
|
immunity under Subchapter B, Chapter 22, Education Code, the common |
|
|
law, or any other law in an action brought under this chapter. |
|
|
SECTION 2. Chapter 118, Civil Practice and Remedies Code, |
|
|
as added by this Act, applies only to an act or omission that occurs |
|
|
on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |
|
|
|
|
|
* * * * * |