HB 5584

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