HBA-NRS H.B. 1952 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1952
By: Grusendorf
Civil Practices
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

School districts and school teachers have become the targets of frivolous
lawsuits. School districts may spend large amounts of money paying
attorneys to defend the district or district employees against such
lawsuits. Frivolous lawsuits have also made it more difficult for teachers
to appropriately discipline students for fear of facing a suit. House Bill
1952 requires a court in a civil suit to award attorney's fees to the
prevailing party in a lawsuit against school districts or teachers
involving school-related matters. 

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 1952 amends the Education Code to require a court in a civil
suit brought against an independent school district or a teacher employed
by an independent school district for damages arising from a schoolrelated
act or omission by the district or the teacher to award reasonable
attorney's fees to the prevailing party. The bill provides that such an
award does not apply to the federal Individuals with Disabilities Education
Act. The bill provides that to the extent that a frivolous lawsuit or any
other law may result in more than one authorization for the court to award
reasonable attorney's fees, the court is not authorized to increase the
award over the amount of reasonable attorney's fees. 

EFFECTIVE DATE

September 1, 2001.