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89(R) HB 4623 - Enrolled version - Bill Text
H.B. No. 4623
AN ACT
relating to liability of public schools and professional school
employees for sexual misconduct involving 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 ACTS OR OMISSIONS
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 that is
grossly negligent or reckless, or engages in intentional
misconduct, in hiring, supervising, or employing a professional
school employee is liable for an act or omission that is committed
by the employee against a student enrolled in the school and that
is:
(1) sexual misconduct; or
(2)
failure to report suspected child abuse or neglect
under Section 261.101, Family 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.
Sec.
118.003.
DAMAGES. A claimant who prevails in an action
under this chapter shall be awarded actual damages in a maximum
amount of $500,000 for each claimant.
Sec.
118.004.
COURT COSTS AND ATTORNEY'S FEES. A party who
prevails in an action under this chapter is entitled to:
(1) court costs; and
(2) reasonable and necessary attorney's fees.
Sec.
118.005.
REMEDIES NOT EXCLUSIVE. The remedies
authorized by this chapter are in addition to any other legal
remedies.
Sec.
118.006.
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 an act or omission that occurs
on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 4623 was passed by the House on May
14, 2025, by the following vote: Yeas 109, Nays 19, 6 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4623 on May 30, 2025, by the following vote: Yeas 108, Nays 26,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4623 was passed by the Senate, with
amendments, on May 27, 2025, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor