By: Little H.B. No. 4623       A BILL TO BE ENTITLED   AN ACT   relating to liability of public schools and professional school   employees for certain injuries to 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 INJURIES TO STUDENTS          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 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;                (2)  failure to report suspected child abuse or neglect   under Section 261.101, Family Code; or                (3)  any other negligent, reckless, knowing, or   intentional act or omission resulting in injury to or the death of   the student, including bodily injury, serious bodily injury, or   serious mental deficiency, impairment, or injury, other than the   use of physical force against a student to the extent justified   under Section 9.62, Penal 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) A claimant who prevails in an   action under this chapter shall be awarded:                (1)  actual damages;                (2)  court costs; and                (3)  reasonable and necessary attorney's fees.          (b)  In addition to an award under Subsection (a), a claimant   who prevails in an action under this chapter may recover exemplary   damages.          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.