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.