By: Dutton H.B. No. 5290       A BILL TO BE ENTITLED   AN ACT   relating to authorizing a private right of action against a school   district or open enrollment charter school that violates a student   or parental right.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 26 is amended by adding Section 26.016 to   read as follows:          Sec. 26.016.  WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO   SUE.  (a)  Pursuant to Texas Education Code 4.001, the belief that   parental involvement is necessary for the maximum educational   achievement of a child, and to achieve the state's constitutional   purpose of a general diffusion of knowledge, this section makes   provision for a limited parental cause of action against an   independent school district or open-enrollment charter school in   order to preserve a student's rights.          (b)  Sovereign immunity to suit is waived and abolished for a   claim by a parental or legal guardian on behalf of a public school   student against a school district or open-enrollment charter school   regarding the following:                (1)  violation of Section 1.002, Education Code;                (2)  violation of Chapter 26, Education Code;                (3)  failure to provide a certified educator where   required by law;                (4)  assignment to a campus with an unacceptable   performance rating for more than two years; or                (5)  any provision of this code that requires a school   district or open-enrollment charter school to involve parents and   the school district or open-enrollment charter school does not   involve parents.          (c)  A suit brought under this section is limited to the   following:                (1)  Actual damages, general damages, specific   performance, or injunctive relief, if applicable; and                (2)  Court costs and reasonable attorney's fees.          (d)  A claimant under this section is not required to exhaust   administrative remedies before bringing an action under this   section.          (e)  No independent school district in Texas may exempt   themselves from any provision of this act under Chapter 12A.          SECTION 2.  To the extent of any conflict, this Act prevails   over another Act of the 88th Legislature, Regular Session, 2023,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.