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.