bill giving the attorney general sole power over educator prosecutions

The text as introduced · 645 words

89R12113 KJE-D

By: Lowe
H.B. No. 5584

A BILL TO BE ENTITLED

AN ACT

relating to immunity from liability and suit for a public school or

public school professional employee for and the prosecution of

certain criminal conduct involving a student.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 2A, Code of Criminal

Procedure, is amended by adding Article 2A.1085 to read as follows:

Art. 2A.1085. PROSECUTION BY ATTORNEY GENERAL OF CERTAIN

OFFENSES BY EDUCATOR. (a) In this article, "educator" and

"open-enrollment charter school" have the meanings assigned by

Section 5.001, Education Code.

(b) Notwithstanding any other provision of this subchapter,

and in accordance with Section 22, Article IV, Texas Constitution,

the attorney general has exclusive jurisdiction to prosecute an

offense arising out of an incident in which an educator committed an

offense against a student enrolled in a school district or

open-enrollment charter school:

(1) under Title 5, Penal Code; or

(2) for which the educator would be required to

register as a sex offender under Chapter 62, Code of Criminal

Procedure.

(c) On request by the attorney general, the Department of

Public Safety shall assist the attorney general in investigating an

offense described by Subsection (b).

SECTION 2. Subchapter B, Chapter 11, Education Code, is

amended by adding Section 11.013 to read as follows:

Sec. 11.013. WAIVER OF IMMUNITY. The immunity from

liability and suit of a school district is waived with respect to an

incident in which an educator committed an offense against a

student enrolled in the district:

(1) under Title 5, Penal Code; or

(2) for which the educator would be required to

register as a sex offender under Chapter 62, Code of Criminal

Procedure.

SECTION 3. Section 22.0511(a), Education Code, is amended

to read as follows:

(a) A professional employee of a school district is not

personally liable for any act that is incident to or within the

scope of the duties of the employee's position of employment and

that involves the exercise of judgment or discretion on the part of

the employee, except in circumstances in which a professional

employee :

(1) uses excessive force in the discipline of students

or negligence resulting in bodily injury to students ; or

(2) commits an offense against a student:

(A) under Title 5, Penal Code; or

(B) for which the employee would be required to

register as a sex offender under Chapter 62, Code of Criminal

Procedure .

SECTION 4. Article 2A.1085, Code of Criminal Procedure, as

added by this Act, applies only to an offense committed on or after

the effective date of this Act. An offense committed before the

effective date of this Act is governed by the law in effect on the

date the offense was committed, and the former law is continued in

effect for that purpose.

SECTION 5. Section 11.013, Education Code, as added by this

Act, and Section 22.0511(a), Education Code, as amended by this

Act, apply only to conduct that occurs on or after the effective

date of this Act. Conduct that occurred before the effective date

of this Act is governed by the law in effect on the date the conduct

occurred, and the former law is continued in effect for that

purpose.

SECTION 6. (a) Except as provided by Subsection (b) of this

section, this Act takes effect September 1, 2025.

(b) Article 2A.1085, Code of Criminal Procedure, as added by

this Act, takes effect only if the constitutional amendment

proposed by the 89th Legislature, Regular Session, 2025, specifying

the authority of the attorney general to prosecute a criminal

offense involving physical or sexual abuse by a public school

teacher against a student is approved by the voters. If that

proposed constitutional amendment is not approved by the voters,

Article 2A.1085, Code of Criminal Procedure, as added by this Act,

has no effect.