HBA-ATS, PDH H.B. 1529 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1529
By: Wilson
Civil Practices
4/20/1999
Introduced


BACKGROUND AND PURPOSE 

Under current law, a school district is not liable for the sexual abuse of
students by school personnel.  
H.B. 1529 provides that a school district is liable for damages for
personal injury or death if three conditions exist.  First, the personal
injury or death must be proximately caused by the sexual misconduct of an
employee with respect to a student of the school district.  Second, the
employee must come into contact with students of the school district in the
scope of the employee's employment.  Third, because of specific facts known
to the school district, the school district must have known or should have
known that the employee posed a risk to students. 

Under this bill, damages assessed against a school district  may not be
statutorily limited to a certain amount.  In addition, a plaintiff may seek
exemplary damages, and a judgment in an action or a settlement of a claim
under Chapter 101 (Tort Claims), Civil Practice and Remedies Code, does not
bar any action involving the same subject matter by the claimant against
the employee of the governmental unit whose act or omission gave rise to
the claim. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 101, Civil Practice and Remedies
Code, by adding Section 101.0216, as follows: 

Sec. 101.0216.  LIABILITY OF SCHOOL DISTRICT.  Sets forth the elements of a
school district's liability for the sexual misconduct of an employee.
Provides that Sections 101.023 (Limitation on Amount of Liability), 101.024
(Exemplary Damages), and 101.106 (Employees Not Liable After Settlement or
Judgment), Civil Practice and Remedies Code, do not apply to the liability
of a school district under this section.  Defines "sexual misconduct." 

SECTION 2.  Amends Section 101.051, Civil Practice and Remedies Code, as
follows: 

Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY EXCLUDED.
Provides that this chapter does not apply to a junior college district,
except as to motor vehicles.  Provides that this chapter does not apply to
a school district, except as to motor vehicles and as provided by Section
101.0216, Civil Practice and Remedies Code. 

SECTION 3.  Amends Section 22.051(b), Education Code, to provide that this
section does not apply to the operation, use, or maintenance of any motor
vehicle or to any act for which a school district may be liable under
Section 101.0216, Civil Practice and Remedies Code. 

SECTION 4.Makes application of this Act prospective.  

SECTION 5.Effective date: September 1, 1999.

SECTION 6.Emergency clause.