| Old | New | Differences | |
|---|---|---|---|
| 1 | + | 86R2243 MM-D | |
| 1 | 2 | By: Hughes S.B. No. 316 | |
| 2 | - | (In the Senate - Filed January 7, 2019; February 7, 2019, | |
| 3 | - | read first time and referred to Committee on Education; | |
| 4 | - | April 2, 2019, reported adversely, with favorable Committee | |
| 5 | - | Substitute by the following vote: Yeas 7, Nays 4; April 2, 2019, | |
| 6 | - | sent to printer.) | |
| 7 | - | Click here to see the committee vote | |
| 8 | - | COMMITTEE SUBSTITUTE FOR S.B. No. 316 By: Hughes | |
| 9 | 3 | ||
| 10 | 4 | ||
| 11 | 5 | A BILL TO BE ENTITLED | |
| 12 | 6 | AN ACT | |
| 13 | 7 | relating to the attorney general's duty to defend public school | |
| 14 | 8 | teachers. | |
| 15 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 16 | - | SECTION 1. The legislature finds that it is in the best | |
| 17 | - | interest of this state for the attorney general to defend a public | |
| 18 | - | school teacher in a civil action brought against the teacher if the | |
| 19 | - | attorney general determines that the civil action arose as a result | |
| 20 | - | of an act that was within the scope of the teacher's duties and that | |
| 21 | - | the teacher acted in good faith. | |
| 22 | - | SECTION 2. Subchapter B, Chapter 22, Education Code, is | |
| 10 | + | SECTION 1. Subchapter B, Chapter 22, Education Code, is | |
| 23 | 11 | amended by adding Section 22.0518 to read as follows: | |
| 24 | 12 | Sec. 22.0518. DEFENSE BY ATTORNEY GENERAL. (a) The | |
| 25 | 13 | attorney general shall defend a civil action brought against a | |
| 26 | 14 | teacher employed by a school district or open-enrollment charter | |
| 27 | - | school if the attorney general determines that: | |
| 28 | - | (1) the civil action arose as a result of an act that | |
| 29 | - | was within the scope of the teacher's duties; | |
| 30 | - | (2) the teacher acted in good faith; and | |
| 31 | - | (3) representation of the teacher would not be a | |
| 32 | - | conflict of interest. | |
| 15 | + | school as a result of an act that the teacher in good faith believed | |
| 16 | + | was incident to or within the scope of the teacher's duties if the | |
| 17 | + | attorney general determines that the teacher acted in good faith. | |
| 33 | 18 | (b) Subsection (a) applies regardless of whether at the time | |
| 34 | - | the | |
| 35 | - | ||
| 19 | + | the action is initiated the teacher has terminated service with the | |
| 20 | + | school district or open-enrollment charter school. | |
| 36 | 21 | (c) A determination made by the attorney general under | |
| 37 | 22 | Subsection (a) may not be admitted as evidence in a civil court | |
| 38 | 23 | proceeding. | |
| 39 | - | (d) Nothing in this section may be construed to: | |
| 40 | - | (1) deprive a teacher of the teacher's right to select | |
| 41 | - | legal counsel of the teacher's choosing at the teacher's own | |
| 42 | - | expense; or | |
| 43 | - | (2) require the teacher to accept the attorney | |
| 44 | - | general's offer to represent the teacher. | |
| 45 | - | SECTION 3. Section 22.0518, Education Code, as added by | |
| 24 | + | (d) Nothing in this section may be construed to deprive a | |
| 25 | + | teacher of the teacher's right to select legal counsel of the | |
| 26 | + | teacher's choosing at the teacher's own expense. | |
| 27 | + | SECTION 2. Section 22.0518, Education Code, as added by | |
| 46 | 28 | this Act, applies only to actions brought on or after the effective | |
| 47 | 29 | date of this Act. | |
| 48 | - | SECTION | |
| 30 | + | SECTION 3. This Act takes effect immediately if it receives | |
| 49 | 31 | a vote of two-thirds of all the members elected to each house, as | |
| 50 | 32 | provided by Section 39, Article III, Texas Constitution. If this | |
| 51 | 33 | Act does not receive the vote necessary for immediate effect, this | |
| 52 | 34 | Act takes effect September 1, 2019. | |
| 53 | - | * * * * * |