| 1 | 1 | | 89R9383 KJE-D |
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| 2 | 2 | | By: Toth H.B. No. 2004 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a school district professional employee's liability for |
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| 10 | 10 | | certain criminal conduct against a student. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 22.0511(a), Education Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (a) A professional employee of a school district is not |
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| 15 | 15 | | personally liable for any act that is incident to or within the |
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| 16 | 16 | | scope of the duties of the employee's position of employment and |
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| 17 | 17 | | that involves the exercise of judgment or discretion on the part of |
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| 18 | 18 | | the employee, except in circumstances in which a professional |
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| 19 | 19 | | employee: |
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| 20 | 20 | | (1) uses excessive force in the discipline of students |
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| 21 | 21 | | or negligence resulting in bodily injury to students; or |
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| 22 | 22 | | (2) commits an offense against a student: |
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| 23 | 23 | | (A) under Chapter 19 or 20, Penal Code; |
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| 24 | 24 | | (B) under Section 22.01(a)(1), 22.02, or 22.04, |
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| 25 | 25 | | Penal Code; or |
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| 26 | 26 | | (C) for which the employee would be required to |
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| 27 | 27 | | register as a sex offender under Chapter 62, Code of Criminal |
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| 28 | 28 | | Procedure. |
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| 29 | 29 | | SECTION 2. This Act applies only to conduct that occurs on |
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| 30 | 30 | | or after the effective date of this Act. Conduct that occurred |
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| 31 | 31 | | before the effective date of this Act is governed by the law in |
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| 32 | 32 | | effect on the date the conduct occurred, and the former law is |
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| 33 | 33 | | continued in effect for that purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2025. |
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