ATPE Governmental Relations Director Monty Exter testified before the House Judiciary and Civil Jurisprudence Committee, led by Chairman Jeff Leach (R–Plano), on Tuesday. Exter was present to testify on potential unintended consequences within the current draft of HB 4623 by Rep. Mitch Little (R–Lewisville), a bill that would make public schools and their employees liable for sexual misconduct against a student.  

Exter’s testimony focused on part of the bill under Sec. 118.002, which deals with liability. This section reads: “Any other negligent, reckless, knowing, or intentional act or omission resulting in injury to or the death of the student, including bodily injury, serious bodily injury, or serious mental deficiency, impairment, or injury, other than the use of physical force against a student to the extent justified under Section 9.62, Penal Code.” Exter expressed concern that this section of text is too broad and could result in an educator being held liable for normal actions that unintentionally result in an injury to a student, such as a football player being sent by a coach to the football field, where he breaks his leg. Exter explained that ATPE’s interpretation of the bill would potentially put taxpayers on the hook for many innocent actions undertaken by an educator within a normal school day that could result, through no fault of the educator, in injury to a student. ATPE also submitted written testimony.  

Leach seemed to agree with Exter, stating plainly “that is certainly not the intent.” Little, the author of the bill, seemed to agree, thanking Exter for his comments, saying he agreed the section highlighted in Exter’s testimony was “too broad,” and stating that “perhaps a more narrow approach would be more effective.” Little also declared his intent to offer a committee substitute to the bill that would address the concern. 

The bill was left pending in committee. Follow Teach the Vote for updates as the bill moves forward.