Texas House Bill HB2004

Texas 2025 - 89th Regular

• Filed: 1/22/25

Caption

Relating to a school district professional employee's liability for certain criminal conduct against a student.

Impact

The bill's enactment would have significant implications for school district employees, particularly in how they handle disciplinary actions with students. The bill provides a degree of protection for school employees by limiting their personal liability in situations where they are exercising judgment or discretion. However, the delineation of liability in instances of excessive force or criminal conduct introduces a critical standard that employees must adhere to in their roles. The bill is designed to foster a safer environment for students while also protecting the professional staff from unwarranted legal actions.

Summary

House Bill 2004 aims to establish clearer guidelines regarding the liability of school district professional employees when it comes to certain criminal conduct against students. The bill seeks to amend the Education Code to clarify that professional employees will not be personally liable for acts that fall within the scope of their duties unless specific exceptions are met. These exceptions include cases where the employee uses excessive force in disciplining students or engages in criminal behavior as defined by various sections of the Penal Code, such as assault or sexual offenses.

Contention

One of the notable points of contention surrounding HB 2004 could arise from concerns about the balance between protecting school employees and ensuring student safety. Critics may argue that the bill could lead to less accountability for inappropriate behavior by staff, potentially undermining student welfare. On the other hand, supporters may emphasize the need for professionals in education to operate without the fear of personal liability when acting within the bounds of their job duties. The debate may reflect broader concerns regarding the responsibilities of educators and the measures necessary to protect both students and the professionals who serve them.

Texas Constitutional Statutes Affected

Education Code

• Chapter 22. School District Employees And Volunteers
  • Section: 0511

Penal Code

• Chapter 19. Criminal Homicide
  • Section: New Section

• Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
  • Section: New Section

• Chapter 22. Assaultive Offenses
  • Section: New Section

Code Of Criminal Procedure

• Chapter 62. Sex Offender Registration Program
  • Section: New Section