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