By: Little, Dutton, Leo Wilson, et al. H.B. No. 4623       A BILL TO BE ENTITLED   AN ACT   relating to liability of public schools and professional school   employees for certain acts or omissions involving students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 5, Civil Practice and Remedies Code, is   amended by adding Chapter 118 to read as follows:   CHAPTER 118.  LIABILITY OF PUBLIC SCHOOLS AND PROFESSIONAL   EMPLOYEES OF PUBLIC SCHOOLS FOR CERTAIN ACTS OR OMISSIONS          Sec. 118.001.  DEFINITIONS. In this chapter:                 (1)  "Open-enrollment charter school" has the meaning   assigned by Section 5.001, Education Code.                 (2)  "Professional school employee" includes:                      (A)  a superintendent or administrator serving as   educational leader and chief executive officer of the school,   principal or equivalent chief operating officer, teacher,   including a substitute teacher, supervisor, social worker, school   counselor, nurse, and teacher's aide employed by a public school;                      (B)  a teacher employed by a company that   contracts with a public school to provide the teacher's services to   the school;                      (C)  a student in an education preparation program   participating in a field experience or internship;                      (D)  a school bus driver certified in accordance   with standards and qualifications adopted by the Department of   Public Safety of the State of Texas;                      (E)  a member of the board of trustees of an   independent school district or a member of the governing body of an   open-enrollment charter school; and                      (F)  any other person employed by a public school   whose employment requires certification and the exercise of   discretion.                (3)  "Public school" means an independent school   district or an open-enrollment charter school.                (4)  "Sexual misconduct" means sexual abuse or conduct   described by Section 20A.02, 21.02, 21.07, 21.08, 21.11, 21.12,   21.15, 21.16, 21.165, 21.17, 21.18, 21.19, 22.011, 22.012, 22.021,   or 43.25, Penal Code.          Sec. 118.002.  LIABILITY. (a)  A public school that is   negligent in hiring, supervising, or employing a professional   school employee is liable for an act or omission that is committed   by a professional school employee against a student enrolled in the   school and that is:                (1)  sexual misconduct; or                (2)  failure to report suspected child abuse or neglect   under Section 261.101, Family Code.          (b)  In an action against a public school under this chapter,   the professional school employee who committed the act or omission   on which the claim is based must be named as a defendant. The public   school and the professional school employee are jointly and   severally liable for an award in an action under this chapter.          Sec. 118.003.  DAMAGES. A claimant who prevails in an action   under this chapter shall be awarded:                (1)  actual damages in a maximum amount of $500,000 for   each act or omission described by Section 118.002(a);                (2)  court costs; and                (3)  reasonable and necessary attorney's fees.          Sec. 118.004.  REMEDIES NOT EXCLUSIVE. The remedies   authorized by this chapter are in addition to any other legal   remedies.          Sec. 118.005.  WAIVER OF GOVERNMENTAL IMMUNITY; OFFICIAL   IMMUNITY ABOLISHED.  (a)  A public school's governmental immunity   to suit and from liability is waived to the extent of liability   created by this chapter.          (b)  A professional school employee may not assert official   immunity under Subchapter B, Chapter 22, Education Code, the common   law, or any other law in an action brought under this chapter.          SECTION 2.  Chapter 118, Civil Practice and Remedies Code,   as added by this Act, applies only to a cause of action that accrues   on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.