Texas House Bill HB4623

Texas 2025 - 89th Regular

• Filed: 3/12/25
• Out of House Committee: 5/7/25
• Voted on by House: 5/14/25
• Out of Senate Committee: 5/26/25
• Voted on by Senate: 5/27/25
• Governor Action: 6/20/25

Caption

Relating to liability of public schools and professional school employees for sexual misconduct involving students.

Impact

The legislation will significantly amend existing laws within the Civil Practice and Remedies Code. By introducing these liability provisions, the bill seeks to ensure that schools cannot shield themselves from legal consequences when their employees harm students. It mandates that in legal actions arising from such misconduct, both the school and the individual employee involved must be named. The bill also outlines damages for successful claimants, capping them at $500,000 per victim, which can serve as a deterrent against negligence within school environments.

Summary

House Bill 4623 addresses the liability of public schools and professional school employees regarding sexual misconduct involving students. The bill introduces measures that hold schools accountable for gross negligence or intentional misconduct in hiring, supervising, or employing staff. It establishes a clear liability framework, requiring schools to ensure their employees do not engage in sexual misconduct or fail to report suspected abuse, thus enhancing protections for students in educational settings. The provisions aim to create a safer environment in schools by making it imperative for educational institutions to be more vigilant in their oversight of staff conduct.

Sentiment

The sentiment around HB 4623 appears to be largely supportive, particularly among advocates for child safety and education reform. Legislators and advocacy groups have expressed enthusiasm for the bill's focus on accountability, viewing it as a step forward in protecting children from abuse within schools. However, concerns have been raised by some educators and legal experts about the implications of potential lawsuits for teachers and school administrators, leading to discussions on the balance between accountability and protecting educational staff from unjust claims.

Contention

Notable points of contention arise from the potential impact of this legislation on school staffing and operational practices. Critics warn that heightened liability may lead to an atmosphere of fear, where school personnel might hesitate to act decisively for fear of legal repercussions. Moreover, there is concern regarding the defined limits of liability and whether the maximum damages awarded could place undue financial strain on schools, particularly those already facing budget constraints. The bill thus raises fundamental questions about the balance between safeguarding students and fostering a supportive environment for educators.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 1. General Provisions
  • Section: New Section

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

• Chapter 21. Sexual Offenses
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: 165
  • Section: New Section

• Chapter 43. Public Indecency
  • Section: 25
  • Section: New Section
  • Section: New Section

• Chapter 22. Assaultive Offenses
  • Section: New Section
  • Section: New Section

Family Code

• Chapter 1. General Provisions
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 2. The Marriage Relationship
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
  • Section: New Section

Education Code

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