HBA-CMT H.B. 1335 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1335
By: Wilson
Civil Practices
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

Under current state law, a school district is not liable for the sexual
abuse of students by school personnel. House Bill 1335 provides that a
school district is liable under certain conditions for the damages for
personal injury to a student or the death of a student in relation to
sexual misconduct of a school district employee.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1335 amends the Civil Practice and Remedies Code to set forth
criteria for when a school district is liable for damages for personal
injury to or death of a student in relation to sexual misconduct of a
school district employee.  The bill provides that a school district is
liable for damages for personal injury or death if: 

_the personal injury or death is proximately caused by the sexual
misconduct of a school district employee with respect to a student; 

_the employee comes into contact with students of the school district in
the scope of the employee's employment; and 

_because of the specific facts known to the school district, the school
district knew or should have known that the employee posed a risk to
students. 

Provisions relating to limitation on amount of liability, exemplary
damages, and partial exclusion of school and junior college districts,
except as to motor vehicles, do not apply to the liability of a school
district. 

The bill establishes personal liability for acts of a professional employee
under the provisions of this bill incident to or within the scope of
employment and for which a school district is liable.  

EFFECTIVE DATE

September 1, 2001.