By: Little H.B. No. 4623
A BILL TO BE ENTITLED
AN ACT
relating to liability of public schools and professional school
employees for certain injuries to students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 118 to read as follows:
CHAPTER 118. LIABILITY OF PUBLIC SCHOOLS AND PROFESSIONAL
EMPLOYEES OF PUBLIC SCHOOLS FOR CERTAIN INJURIES TO STUDENTS
Sec. 118.001. DEFINITIONS. In this chapter:
(1) "Open-enrollment charter school" has the meaning
assigned by Section 5.001, Education Code.
(2) "Professional school employee" includes:
(A) a superintendent or administrator serving as
educational leader and chief executive officer of the school,
principal or equivalent chief operating officer, teacher,
including a substitute teacher, supervisor, social worker, school
counselor, nurse, and teacher's aide employed by a public school;
(B) a teacher employed by a company that
contracts with a public school to provide the teacher's services to
the school;
(C) a student in an education preparation program
participating in a field experience or internship;
(D) a school bus driver certified in accordance
with standards and qualifications adopted by the Department of
Public Safety of the State of Texas;
(E) a member of the board of trustees of an
independent school district or a member of the governing body of an
open-enrollment charter school; and
(F) any other person employed by a public school
whose employment requires certification and the exercise of
discretion.
(3) "Public school" means an independent school
district or an open-enrollment charter school.
(4) "Sexual misconduct" means sexual abuse or conduct
described by Section 20A.02, 21.02, 21.07, 21.08, 21.11, 21.12,
21.15, 21.16, 21.165, 21.17, 21.18, 21.19, 22.011, 22.012, 22.021,
or 43.25, Penal Code.
Sec. 118.002. LIABILITY. (a) A public school is liable for
an act or omission that is committed by a professional school
employee against a student enrolled in the school and that is:
(1) sexual misconduct;
(2) failure to report suspected child abuse or neglect
under Section 261.101, Family Code; or
(3) any other negligent, reckless, knowing, or
intentional act or omission resulting in injury to or the death of
the student, including bodily injury, serious bodily injury, or
serious mental deficiency, impairment, or injury, other than the
use of physical force against a student to the extent justified
under Section 9.62, Penal Code.
(b) In an action against a public school under this chapter,
the professional school employee who committed the act or omission
on which the claim is based must be named as a defendant. The public
school and the professional school employee are jointly and
severally liable for an award in an action under this chapter.
Sec. 118.003. DAMAGES. (a) A claimant who prevails in an
action under this chapter shall be awarded:
(1) actual damages;
(2) court costs; and
(3) reasonable and necessary attorney's fees.
(b) In addition to an award under Subsection (a), a claimant
who prevails in an action under this chapter may recover exemplary
damages.
Sec. 118.004. REMEDIES NOT EXCLUSIVE. The remedies
authorized by this chapter are in addition to any other legal
remedies.
Sec. 118.005. WAIVER OF GOVERNMENTAL IMMUNITY; OFFICIAL
IMMUNITY ABOLISHED. (a) A public school's governmental immunity
to suit and from liability is waived to the extent of liability
created by this chapter.
(b) A professional school employee may not assert official
immunity under Subchapter B, Chapter 22, Education Code, the common
law, or any other law in an action brought under this chapter.
SECTION 2. Chapter 118, Civil Practice and Remedies Code,
as added by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.