Bill Text: TX SB316 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the attorney general's duty to defend public school teachers.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2019-05-01 - Not again placed on intent calendar [SB316 Detail]
Download: Texas-2019-SB316-Comm_Sub.html
By: Hughes | S.B. No. 316 | |
(In the Senate - Filed January 7, 2019; February 7, 2019, | ||
read first time and referred to Committee on Education; | ||
April 2, 2019, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 7, Nays 4; April 2, 2019, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 316 | By: Hughes |
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relating to the attorney general's duty to defend public school | ||
teachers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The legislature finds that it is in the best | ||
interest of this state for the attorney general to defend a public | ||
school teacher in a civil action brought against the teacher if the | ||
attorney general determines that the civil action arose as a result | ||
of an act that was within the scope of the teacher's duties and that | ||
the teacher acted in good faith. | ||
SECTION 2. Subchapter B, Chapter 22, Education Code, is | ||
amended by adding Section 22.0518 to read as follows: | ||
Sec. 22.0518. DEFENSE BY ATTORNEY GENERAL. (a) The | ||
attorney general shall defend a civil action brought against a | ||
teacher employed by a school district or open-enrollment charter | ||
school if the attorney general determines that: | ||
(1) the civil action arose as a result of an act that | ||
was within the scope of the teacher's duties; | ||
(2) the teacher acted in good faith; and | ||
(3) representation of the teacher would not be a | ||
conflict of interest. | ||
(b) Subsection (a) applies regardless of whether at the time | ||
the civil action is filed the teacher has terminated service with | ||
the school district or open-enrollment charter school. | ||
(c) A determination made by the attorney general under | ||
Subsection (a) may not be admitted as evidence in a civil court | ||
proceeding. | ||
(d) Nothing in this section may be construed to: | ||
(1) deprive a teacher of the teacher's right to select | ||
legal counsel of the teacher's choosing at the teacher's own | ||
expense; or | ||
(2) require the teacher to accept the attorney | ||
general's offer to represent the teacher. | ||
SECTION 3. Section 22.0518, Education Code, as added by | ||
this Act, applies only to actions brought on or after the effective | ||
date of this Act. | ||
SECTION 4. 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, 2019. | ||
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