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A BILL TO BE ENTITLED
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AN ACT
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relating to immunity from liability and suit for a public school or |
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public school professional employee for and the prosecution of |
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certain criminal conduct involving a student. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 2A, Code of Criminal |
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Procedure, is amended by adding Article 2A.1085 to read as follows: |
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Art. 2A.1085. PROSECUTION BY ATTORNEY GENERAL OF CERTAIN |
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OFFENSES BY EDUCATOR. (a) In this article, "educator" and |
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"open-enrollment charter school" have the meanings assigned by |
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Section 5.001, Education Code. |
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(b) Notwithstanding any other provision of this subchapter, |
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and in accordance with Section 22, Article IV, Texas Constitution, |
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the attorney general has exclusive jurisdiction to prosecute an |
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offense arising out of an incident in which an educator committed an |
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offense against a student enrolled in a school district or |
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open-enrollment charter school: |
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(1) under Title 5, Penal Code; or |
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(2) for which the educator would be required to |
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register as a sex offender under Chapter 62, Code of Criminal |
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Procedure. |
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(c) On request by the attorney general, the Department of |
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Public Safety shall assist the attorney general in investigating an |
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offense described by Subsection (b). |
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SECTION 2. Subchapter B, Chapter 11, Education Code, is |
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amended by adding Section 11.013 to read as follows: |
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Sec. 11.013. WAIVER OF IMMUNITY. The immunity from |
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liability and suit of a school district is waived with respect to an |
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incident in which an educator committed an offense against a |
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student enrolled in the district: |
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(1) under Title 5, Penal Code; or |
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(2) for which the educator would be required to |
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register as a sex offender under Chapter 62, Code of Criminal |
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Procedure. |
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SECTION 3. Section 22.0511(a), Education Code, is amended |
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to read as follows: |
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(a) A professional employee of a school district is not |
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personally liable for any act that is incident to or within the |
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scope of the duties of the employee's position of employment and |
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that involves the exercise of judgment or discretion on the part of |
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the employee, except in circumstances in which a professional |
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employee: |
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(1) uses excessive force in the discipline of students |
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or negligence resulting in bodily injury to students; or |
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(2) commits an offense against a student: |
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(A) under Title 5, Penal Code; or |
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(B) for which the employee would be required to |
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register as a sex offender under Chapter 62, Code of Criminal |
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Procedure. |
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SECTION 4. Article 2A.1085, Code of Criminal Procedure, as |
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added by this Act, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. Section 11.013, Education Code, as added by this |
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Act, and Section 22.0511(a), Education Code, as amended by this |
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Act, apply only to conduct that occurs on or after the effective |
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date of this Act. Conduct that occurred before the effective date |
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of this Act is governed by the law in effect on the date the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2025. |
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(b) Article 2A.1085, Code of Criminal Procedure, as added by |
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this Act, takes effect only if the constitutional amendment |
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proposed by the 89th Legislature, Regular Session, 2025, specifying |
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the authority of the attorney general to prosecute a criminal |
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offense involving physical or sexual abuse by a public school |
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teacher against a student is approved by the voters. If that |
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proposed constitutional amendment is not approved by the voters, |
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Article 2A.1085, Code of Criminal Procedure, as added by this Act, |
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has no effect. |