| 2 | 4 | | |
|---|
| 3 | 5 | | |
|---|
| 4 | 6 | | A BILL TO BE ENTITLED |
|---|
| 5 | 7 | | AN ACT |
|---|
| 6 | 8 | | relating to liability of public schools and professional school |
|---|
| 7 | 9 | | employees for certain injuries to students. |
|---|
| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 11 | | SECTION 1. Title 5, Civil Practice and Remedies Code, is |
|---|
| 10 | 12 | | amended by adding Chapter 118 to read as follows: |
|---|
| 11 | 13 | | CHAPTER 118. LIABILITY OF PUBLIC SCHOOLS AND PROFESSIONAL |
|---|
| 12 | 14 | | EMPLOYEES OF PUBLIC SCHOOLS FOR CERTAIN INJURIES TO STUDENTS |
|---|
| 13 | 15 | | Sec. 118.001. DEFINITIONS. In this chapter: |
|---|
| 14 | 16 | | (1) "Open-enrollment charter school" has the meaning |
|---|
| 15 | 17 | | assigned by Section 5.001, Education Code. |
|---|
| 16 | 18 | | (2) "Professional school employee" includes: |
|---|
| 17 | 19 | | (A) a superintendent or administrator serving as |
|---|
| 18 | 20 | | educational leader and chief executive officer of the school, |
|---|
| 19 | 21 | | principal or equivalent chief operating officer, teacher, |
|---|
| 20 | 22 | | including a substitute teacher, supervisor, social worker, school |
|---|
| 21 | 23 | | counselor, nurse, and teacher's aide employed by a public school; |
|---|
| 22 | 24 | | (B) a teacher employed by a company that |
|---|
| 23 | 25 | | contracts with a public school to provide the teacher's services to |
|---|
| 24 | 26 | | the school; |
|---|
| 25 | 27 | | (C) a student in an education preparation program |
|---|
| 26 | 28 | | participating in a field experience or internship; |
|---|
| 27 | 29 | | (D) a school bus driver certified in accordance |
|---|
| 28 | 30 | | with standards and qualifications adopted by the Department of |
|---|
| 29 | 31 | | Public Safety of the State of Texas; |
|---|
| 30 | 32 | | (E) a member of the board of trustees of an |
|---|
| 31 | 33 | | independent school district or a member of the governing body of an |
|---|
| 32 | 34 | | open-enrollment charter school; and |
|---|
| 33 | 35 | | (F) any other person employed by a public school |
|---|
| 34 | 36 | | whose employment requires certification and the exercise of |
|---|
| 35 | 37 | | discretion. |
|---|
| 36 | 38 | | (3) "Public school" means an independent school |
|---|
| 37 | 39 | | district or an open-enrollment charter school. |
|---|
| 38 | 40 | | (4) "Sexual misconduct" means sexual abuse or conduct |
|---|
| 39 | 41 | | described by Section 20A.02, 21.02, 21.07, 21.08, 21.11, 21.12, |
|---|
| 40 | 42 | | 21.15, 21.16, 21.165, 21.17, 21.18, 21.19, 22.011, 22.012, 22.021, |
|---|
| 41 | 43 | | or 43.25, Penal Code. |
|---|
| 42 | 44 | | Sec. 118.002. LIABILITY. (a) A public school is liable for |
|---|
| 43 | 45 | | an act or omission that is committed by a professional school |
|---|
| 44 | 46 | | employee against a student enrolled in the school and that is: |
|---|
| 45 | 47 | | (1) sexual misconduct; |
|---|
| 46 | 48 | | (2) failure to report suspected child abuse or neglect |
|---|
| 47 | 49 | | under Section 261.101, Family Code; or |
|---|
| 48 | 50 | | (3) any other negligent, reckless, knowing, or |
|---|
| 49 | 51 | | intentional act or omission resulting in injury to or the death of |
|---|
| 50 | 52 | | the student, including bodily injury, serious bodily injury, or |
|---|
| 51 | 53 | | serious mental deficiency, impairment, or injury, other than the |
|---|
| 52 | 54 | | use of physical force against a student to the extent justified |
|---|
| 53 | 55 | | under Section 9.62, Penal Code. |
|---|
| 54 | 56 | | (b) In an action against a public school under this chapter, |
|---|
| 55 | 57 | | the professional school employee who committed the act or omission |
|---|
| 56 | 58 | | on which the claim is based must be named as a defendant. The public |
|---|
| 57 | 59 | | school and the professional school employee are jointly and |
|---|
| 58 | 60 | | severally liable for an award in an action under this chapter. |
|---|
| 59 | 61 | | Sec. 118.003. DAMAGES. (a) A claimant who prevails in an |
|---|
| 60 | 62 | | action under this chapter shall be awarded: |
|---|
| 61 | 63 | | (1) actual damages; |
|---|
| 62 | 64 | | (2) court costs; and |
|---|
| 63 | 65 | | (3) reasonable and necessary attorney's fees. |
|---|
| 64 | 66 | | (b) In addition to an award under Subsection (a), a claimant |
|---|
| 65 | 67 | | who prevails in an action under this chapter may recover exemplary |
|---|
| 66 | 68 | | damages. |
|---|
| 67 | 69 | | Sec. 118.004. REMEDIES NOT EXCLUSIVE. The remedies |
|---|
| 68 | 70 | | authorized by this chapter are in addition to any other legal |
|---|
| 69 | 71 | | remedies. |
|---|
| 70 | 72 | | Sec. 118.005. WAIVER OF GOVERNMENTAL IMMUNITY; OFFICIAL |
|---|
| 71 | 73 | | IMMUNITY ABOLISHED. (a) A public school's governmental immunity |
|---|
| 72 | 74 | | to suit and from liability is waived to the extent of liability |
|---|
| 73 | 75 | | created by this chapter. |
|---|
| 74 | 76 | | (b) A professional school employee may not assert official |
|---|
| 75 | 77 | | immunity under Subchapter B, Chapter 22, Education Code, the common |
|---|
| 76 | 78 | | law, or any other law in an action brought under this chapter. |
|---|
| 77 | 79 | | SECTION 2. Chapter 118, Civil Practice and Remedies Code, |
|---|
| 78 | 80 | | as added by this Act, applies only to a cause of action that accrues |
|---|
| 79 | 81 | | on or after the effective date of this Act. |
|---|
| 80 | 82 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|