House Bill No. 4623 introduces a new chapter, Chapter 118, to the Civil Practice and Remedies Code, which addresses the liability of public schools and their professional employees for specific injuries to students. The bill defines key terms, including "public school," "professional school employee," and "sexual misconduct," and establishes that public schools are liable for acts or omissions by professional school employees that result in injury to students. This includes cases of sexual misconduct, failure to report suspected child abuse, and other negligent or intentional acts leading to bodily or mental harm. The bill mandates that the professional employee involved must be named as a defendant in any legal action, making both the school and the employee jointly liable for damages.
Additionally, the bill outlines the damages that a claimant may receive if they prevail in a lawsuit, including actual damages, court costs, and attorney's fees, with the possibility of recovering exemplary damages as well. It also waives governmental immunity for public schools concerning liabilities created by this chapter and abolishes the official immunity of professional school employees in related actions. The provisions of this chapter will apply only to causes of action that accrue on or after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: ()