HBA-TBM, CCH C.S.H.B. 2664 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2664
By: Grusendorf
Civil Practices
4/17/2001
Committee Report (Substituted)



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.  C.S.H.B. 2664 exempts
independent contractors from liability to the same extent as the law
exempts employees of a school district. 

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

C.S.H.B. 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 in the
discipline of students.  

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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2664 differs from the original by removing provisions regarding
false statements by students and other persons about educators, public
school employees, volunteers, and certain independent contractors of public
schools and the criminal penalties for such statements. The substitute also
removes provisions exempting school volunteers and independent contractors
from liability for reporting to school administrators or governmental
authorities suspicions that a student may be engaging in prohibited
activities in regards to drugs, alcohol, firearms, weapons, felony
offenses, and misdemeanors that involve violence.