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.