HBA-CCH H.B. 2664 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2664
By: Grusendorf
Civil Practices
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

Violence in schools has become an increasingly important issue.  Yet,
educators and independent contractors engaged in student-related activities
may be hesitant to report students suspected of engaging in dangerous or
illegal activities because of liability issues and the possibility of
students retaliating by making false accusations against them.  Currently,
students may make false accusations against educators or contractors
without fear of reprisal.  House Bill 2664 exempts independent contractors
from liability to the same extent as educators, relieves educators from
liability for reporting what is believed to be dangerous or felonious
activity, and holds students and adults accountable for intentionally
making false statements against educators or other school officials. 

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 2664 amends the Education Code to provide that an independent
contractor of a school district who is directly engaged in student-related
services is not liable for any act that falls within the scope of the
employee's duties or the person's contract that involves the exercise of
judgment or discretion on the part of the employee or independent
contractor, except in circumstances involving excessive force.  The bill
also provides that a school volunteer or independent contractor of a school
district who is directly engaged in student-related services is not liable
in civil damages for reporting to a school administrator or governmental
authority a student whom the person making the report has reasonable
grounds to suspect of possessing or distributing a firearm or a prohibited
weapon, or having engaged in conduct that constitutes a felony or a
misdemeanor that involves violence.   

The bill authorizes a student who is at least seven years of age but is
younger than 18 years of age to be removed from class and placed in an
alternative education program or expelled from school if the student makes
a false statement against an educator.  The bill provides that a person who
is 18 years of age or older commits an offense if the person intentionally
makes a false statement to a law enforcement authority, a school district
officer or employee, or both, regarding criminal activity by a public
school administrator, employee, or volunteer, or an independent contractor
directly engaged in student-related services.  The bill provides that such
an offense is a Class B misdemeanor.  The bill does not limit the civil or
criminal liability of a person who makes a false statement alleging
criminal activity by another.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 
This Act applies beginning with the 2001-2002 school year.