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.