2005 Texas Education Code CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS

EDUCATION CODE

CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS

SUBCHAPTER A. RIGHTS, DUTIES, AND BENEFITS


	§ 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL DUES.  (a) A 
school district employee is entitled to have an amount deducted 
from the employee's salary for membership fees or dues to a 
professional organization.  The employee must:
		(1)  file with the district a signed written request 
identifying the organization and specifying the number of pay 
periods per year the deductions are to be made;  and
		(2)  inform the district of the total amount of the fees 
and dues for each year or have the organization notify the district 
of the amount.
	(b)  The district shall deduct the total amount of the fees 
or dues for a year in equal amounts per pay period for the number of 
periods specified by the employee.  The deductions shall be made 
until the employee requests in writing that the deductions be 
discontinued.
	(c)  The school district may charge an administrative fee for 
making the deduction.  A fee imposed for making a salary deduction 
under this section may not exceed either the actual administrative 
cost of making the deduction or the lowest fee the district charges 
for similar salary deductions, whichever is less.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            


	§ 22.002. ASSIGNMENT, TRANSFER, OR PLEDGE OF 
COMPENSATION.  (a) In this section, "school employee" means any 
person employed by a school district in an executive, 
administrative, or clerical capacity or as a superintendent, 
principal, teacher, or instructor.
	(b)  Any school employee's assignment, pledge, or transfer, 
as security for indebtedness, of any interest in or part of the 
employee's salary or wages then due or that may become due under an 
existing contract of employment is enforceable only:
		(1)  if, before or at the time of execution, delivery, 
or acceptance of an assignment, pledge, or transfer, written 
approval is obtained in accordance with the policy of the employing 
school district;  and
		(2)  to the extent that the indebtedness it secures is a 
valid and enforceable obligation.
	(c)  A school district shall honor an assignment, pledge, or 
transfer fulfilling the conditions of Subsection (b) without 
incurring any liability to the school employee executing the 
assignment, pledge, or transfer.  Payment to any assignee, pledgee, 
or transferee in accordance with the terms of the instrument 
constitutes payment to or for the account of the assignor, pledgor, 
or transferor.  An assignment, pledge, or transfer is enforceable 
only to the extent of salary due or that may become due during 
continuation of the assignor's employment as a school employee.
	(d)  Venue for any suit against the employer of a school 
employee to enforce an assignment, pledge, or transfer of salary is 
in the county where the employing school is located.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            


	§ 22.003. MINIMUM PERSONAL LEAVE PROGRAM.  (a) A state 
minimum personal leave program consisting of five days per year 
personal leave with no limit on accumulation and transferable among 
districts shall be provided for school district employees.  School 
districts may provide additional personal leave beyond this 
minimum.  The board of trustees of a school district may adopt a 
policy governing an employee's use of personal leave granted under 
this subsection, except that the policy may not restrict the 
purposes for which the leave may be used.
	(b)  In addition to all other days of leave provided by this 
section or by the school district, an employee of a school district 
who is physically assaulted during the performance of the 
employee's regular duties is entitled to the number of days of leave 
necessary to recuperate from all physical injuries sustained as a 
result of the assault.  At the request of an employee, the school 
district must immediately assign an employee to assault leave and, 
on investigation of the claim, may change the assault leave status 
and charge the leave against the employee's accrued personal leave 
or against an employee's pay if insufficient accrued personal leave 
is available.  Days of leave taken under this subsection may not be 
deducted from accrued personal leave.  The period provided by this 
subsection may not extend more than two years beyond the date of the 
assault.  Notwithstanding any other law, assault leave policy 
benefits due to an employee shall be coordinated with temporary 
income benefits due from workers' compensation so that the 
employee's total compensation from temporary income benefits and 
assault leave policy benefits equals 100 percent of the employee's 
weekly rate of pay.
	(c)  For purposes of Subsection (b), an employee of a school 
district is physically assaulted if the person engaging in the 
conduct causing injury to the employee:
		(1)  could be prosecuted for assault;  or                                     
		(2)  could not be prosecuted for assault only because 
the person's age or mental capacity makes the person a 
nonresponsible person for purposes of criminal liability.
	(d)  A school district employee with available personal 
leave under this section is entitled to use the leave for 
compensation during a term of active military service.  This 
subsection applies to any personal or sick leave available under 
former law or provided by local policy of a school district, 
including a home-rule school district.
	(e)  A school district, including a home-rule school 
district, may adopt a policy providing for the paid leave of absence 
of employees taking leave for active military service as part of the 
consideration of employment by the district.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 1997, 75th Leg., ch. 936, § 1, eff. June 18, 
1997;  Acts 2001, 77th Leg., ch. 1015, § 1, eff. June 15, 2001;  
Acts 2003, 78th Leg., ch. 971, § 2, eff. June 20, 2003.


	§ 22.004. GROUP HEALTH BENEFITS FOR SCHOOL 
EMPLOYEES.  (a) A district shall participate in the uniform group 
coverage program established under Chapter 1579, Insurance Code, as 
provided by Subchapter D of that chapter.
	(b)  A district that does not participate in the program 
described by Subsection (a) shall make available to its employees 
group health coverage provided by a risk pool established by one or 
more school districts under Chapter 172, Local Government Code, or 
under a policy of insurance or group contract issued by an insurer, 
a company subject to Chapter 842, Insurance Code, or a health 
maintenance organization under Chapter 843, Insurance Code.  The 
coverage must meet the substantive coverage requirements of Chapter 
1251, Subchapter A, Chapter 1364, and Subchapter A, Chapter 1366, 
Insurance Code, and any other law applicable to group health 
insurance policies or contracts issued in this state.  The coverage 
must include major medical treatment but may exclude experimental 
procedures.  In this subsection, "major medical treatment" means a 
medical, surgical, or diagnostic procedure for illness or injury.  
The coverage may include managed care or preventive care and must be 
comparable to the basic health coverage provided under Chapter 
1551, Insurance Code.  The board of trustees of the Teacher 
Retirement System of Texas shall adopt rules to determine whether a 
school district's group health coverage is comparable to the basic 
health coverage specified by this subsection.  The rules must 
provide for consideration of the following factors concerning the 
district's coverage in determining whether the district's coverage 
is comparable to the basic health coverage specified by this 
subsection:
		(1)  the deductible amount for service provided inside 
and outside of the network;
		(2)  the coinsurance percentages for service provided 
inside and outside of the network;
		(3)  the maximum amount of coinsurance payments a 
covered person is required to pay;
		(4)  the amount of the copayment for an office visit;                         
		(5)  the schedule of benefits and the scope of 
coverage;                    
		(6)  the lifetime maximum benefit amount;  and                                
		(7)  verification that the coverage is issued by a 
provider licensed to do business in this state by the Texas 
Department of Insurance or is provided by a risk pool authorized 
under Chapter 172, Local Government Code, or that a district is 
capable of covering the assumed liabilities in the case of coverage 
provided through district self-insurance.

Text of subsec. (c) as amended by Acts 2005, 79th Leg., ch. 728, 
§ 11.108
	(c)  The cost of the coverage provided under the program 
described by Subsection (a) shall be paid by the state, the 
district, and the employees in the manner provided by Chapter 1579, 
Insurance Code.  The cost of coverage provided under a plan adopted 
under Subsection (b) shall be shared by the employees and the 
district using the contributions by the state described by 
Subchapter F, Chapter 1579, Insurance Code, or by Chapter 1580, 
Insurance Code.

Text of subsec. (c) as amended by Acts 2005, 79th Leg., ch. 899, 
§ 18.01
	(c)  The cost of the coverage provided under the program 
described by Subsection (a) shall be paid by the state, the 
district, and the employees in the manner provided by Subchapter F, 
Chapter 1579, Insurance Code.  The cost of coverage provided under a 
plan adopted under Subsection (b) shall be shared by the employees 
and the district using the contributions by the state described by 
Subchapter F, Chapter 1579, Insurance Code, or Subchapter D.
	(d)  Each district shall report the district's compliance 
with this section to the executive director of the Teacher 
Retirement System of Texas not later than March 1 of each 
even-numbered year in the manner required by the board of trustees 
of the Teacher Retirement System of Texas.  For a district that does 
not participate in the program described by Subsection (a), the 
report must be based on the district group health coverage plan in 
effect during the current plan year and must include:
		(1)  appropriate documentation of:                                            
			(A)  the district's contract for group health 
coverage with a provider licensed to do business in this state by 
the Texas Department of Insurance or a risk pool authorized under 
Chapter 172, Local Government Code;  or
			(B)  a resolution of the board of trustees of the 
district authorizing a self-insurance plan for district employees 
and of the district's review of district ability to cover the 
liability assumed;
		(2)  the schedule of benefits;                                                
		(3)  the premium rate sheet, including the amount paid 
by the district and employee;
		(4)  the number of employees covered by the health 
coverage plan offered by the district;  and
		(5)  any other information considered appropriate by 
the executive director of the Teacher Retirement System of Texas.
	(e)  Based on the criteria prescribed by Subsection (b), the 
executive director of the Teacher Retirement System of Texas shall, 
for each district that does not participate in the program 
described by Subsection (a), certify whether a district's coverage 
is comparable to the basic health coverage provided under Chapter 
1551, Insurance Code.  If the executive director of the Teacher 
Retirement System of Texas determines that the group health 
coverage offered by a district is not comparable, the executive 
director shall report that information to the district and to the 
Legislative Budget Board.  The executive director shall submit a 
report to the legislature not later than September 1 of each 
even-numbered year describing the status of each district's group 
health coverage program based on the information contained in the 
report required by Subsection (d) and the certification required by 
this subsection.
	(f)  A school district that does not participate in the 
program described by Subsection (a) may not contract with an 
insurer, a company subject to Chapter 842, Insurance Code, or a 
health maintenance organization to issue a policy or contract under 
this section, or with any person to assist the school district in 
obtaining or managing the policy or contract unless, before the 
contract is entered into, the insurer, company, organization, or 
person provides the district with an audited financial statement 
showing the financial condition of the insurer, company, 
organization, or person.
	(g)  An insurer, a company subject to Chapter 842, Insurance 
Code, or a health maintenance organization that issues a policy or 
contract under this section and any person that assists the school 
district in obtaining or managing the policy or contract for 
compensation shall provide an annual audited financial statement to 
the school district showing the financial condition of the insurer, 
company, organization, or person.
	(h)  An audited financial statement provided under this 
section must be made in accordance with rules adopted by the 
commissioner of insurance or with generally accepted accounting 
principles, as applicable.
	(i)  Notwithstanding any other provision of this section, a 
district participating in the uniform group coverage program 
established under Chapter 1579, Insurance Code, may not make group 
health coverage available to its employees under this section after 
the date on which the program of coverages provided under Chapter 
1579, Insurance Code, is implemented.
	(j)  This section does not preclude a district that is 
participating in the uniform group coverage program established 
under Chapter 1579, Insurance Code, from entering into contracts to 
provide optional insurance coverages for the employees of the 
district.
	(k), (l) [Blank].                                                              
	(m)  Notwithstanding any other law, group health benefit 
coverage provided by or offered through a district to district 
employees under any law other than Subsection (a) is subject to the 
requirements of Sections 1501.102-1501.105, Insurance Code.  This 
section applies to all group health benefit coverage provided by or 
offered through a district to district employees, including:
		(1)  a standard health benefit plan issued under 
Article 3.80 or 20A.09N or Chapter 1507, Insurance Code;  and
		(2)  health and accident coverage provided through a 
risk pool established under Chapter 172, Local Government Code.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 1997, 75th Leg., ch. 1416, § 37, eff. Sept. 1, 
1997;  Acts 1999, 76th Leg., ch. 1540, § 28, eff. Sept. 1, 1999;  
Acts 2001, 77th Leg., ch. 1187, § 3.18, eff. Sept. 1, 2001;  Acts 
2003, 78th Leg., ch. 785, § 56, eff. Sept. 1, 2003;  Acts 2003, 
78th Leg., ch. 1276, § 10A.511, eff. Sept. 1, 2003;  Acts 2005, 
79th Leg., ch. 386, § 1, eff. Sept. 1, 2005;  Acts 2005, 79th 
Leg., ch. 728, § 11.108, eff. Sept. 1, 2005;  Acts 2005, 79th 
Leg., ch. 899, § 18.01, eff. Sept. 1, 2005;  Acts 2005, 79th 
Leg., ch. 1359, § 4, eff. Sept. 1, 2005.


	§ 22.005. HEALTH CARE PLAN AND FUND.  (a) The board of 
trustees of a school district may establish a health care plan for 
employees of the district and dependents of employees.
	(b)  In implementing the health care plan, the board shall 
establish a fund to pay, as authorized under the plan, all or part 
of the actual costs for hospital, surgical, medical, dental, or 
related health care incurred by employees of the district or any 
dependent whose participation in the program is being supported by 
deductions from the salary of an employee.  Under the plan, the fund 
also may be used to pay the costs of administering the fund.  The 
fund consists of money contributed by the school district and money 
deducted from salaries of employees for dependent or employee 
coverage.  Money for the fund may not be deducted from the salary of 
a school district employee unless the employee authorizes the 
deduction in writing.  The plan shall attempt to protect the school 
district against unanticipated catastrophic individual loss, or 
unexpectedly large aggregate loss, by securing individual 
stop-loss coverage, or aggregate stop-loss coverage, or both, from 
a commercial insurer.
	(c)  The board may amend or cancel the district's health care 
plan at any regular or special meeting of the board.  If the plan is 
canceled, any valid claim against the fund for payment of health 
care costs resulting from illness or injury occurring during the 
time the plan was in effect shall be paid out of the fund.  If the 
fund is insufficient to pay the claim, the costs shall be paid out 
of other available school district funds.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            


	§ 22.006. DISCRIMINATION BASED ON JURY SERVICE 
PROHIBITED.  (a) A school district may not discharge, discipline, 
reduce the salary of, or otherwise penalize or discriminate against 
a school district employee because of the employee's compliance 
with a summons to appear as a juror.
	(b)  For each regularly scheduled workday on which a 
nonsalaried employee serves in any phase of jury service, a school 
district shall pay the employee the employee's normal daily 
compensation.
	(c)  An employee's accumulated personal leave may not be 
reduced because of the employee's service in compliance with a 
summons to appear as a juror.

Added by Acts 1999, 76th Leg., ch. 656, § 1, eff. Aug. 30, 1999.           


	§ 22.007. INCENTIVES FOR EARLY RETIREMENT.  A district 
may not offer or provide a financial or other incentive to an 
employee of the district to encourage the employee to retire from 
the Teacher Retirement System of Texas. 

Added by Acts 2005, 79th Leg., ch. 1359, § 5, eff. Sept. 1, 2005.          

SUBCHAPTER B. CIVIL IMMUNITY


	§ 22.051. DEFINITION;  OTHER IMMUNITY.  (a) In this 
subchapter, "professional employee of a school district" includes:
		(1)  a superintendent, principal, teacher, including a 
substitute teacher, supervisor, social worker, counselor, nurse, 
and teacher's aide employed by a school district;
		(2)  a teacher employed by a company that contracts 
with a school district to provide the teacher's services to the 
district;
		(3)  a student in an education preparation program 
participating in a field experience or internship;
		(4)  a school bus driver certified in accordance with 
standards and qualifications adopted by the Department of Public 
Safety of the State of Texas;
		(5)  a member of the board of trustees of an independent 
school district;  and
		(6)  any other person employed by a school district 
whose employment requires certification and the exercise of 
discretion.
	(b)  The statutory immunity provided by this subchapter is in 
addition to and does not preempt the common law doctrine of official 
and governmental immunity.

Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.


	§ 22.0511. IMMUNITY FROM LIABILITY.  (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 uses excessive force 
in the discipline of students or negligence resulting in bodily 
injury to students.
	(b)  This section does not apply to the operation, use, or 
maintenance of any motor vehicle.
	(c)  In addition to the immunity provided under this section 
and under other provisions of state law, an individual is entitled 
to any immunity and any other protections afforded under the Paul D. 
Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et 
seq.), as amended.  Nothing in this subsection shall be construed to 
limit or abridge any immunity or protection afforded an individual 
under state law.  For purposes of this subsection, "individual" 
includes a person who provides services to private schools, to the 
extent provided by federal law.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Renumbered from § 22.051 and amended by Acts 2003, 78th Leg., ch. 
204, § 15.01, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 
1197, § 1, eff. Sept. 1, 2003.


	§ 22.0512. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR 
PROFESSIONAL EMPLOYEES.  (a) A professional employee of a school 
district may not be subject to disciplinary proceedings for the 
employee's use of physical force against a student to the extent 
justified under Section 9.62, Penal Code.
	(b)  In this section, "disciplinary proceeding" means:                         
		(1)  an action brought by the school district employing 
a professional employee of a school district to discharge or 
suspend the employee or terminate or not renew the employee's term 
contract;  or
		(2)  an action brought by the State Board for Educator 
Certification to enforce the educator's code of ethics adopted 
under Section 21.041(b)(8).
	(c)  This section does not prohibit a school district from:                    
		(1)  enforcing a policy relating to corporal 
punishment;  or                
		(2)  notwithstanding Subsection (a), bringing a 
disciplinary proceeding against a professional employee of the 
district who violates the district policy relating to corporal 
punishment.

Added by Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.          


	§ 22.0513. NOTICE OF CLAIM.  (a) Not later than the 90th 
day before the date a person files a suit against a professional 
employee of a school district, the person must give written notice 
to the employee of the claim, reasonably describing the incident 
from which the claim arose.
	(b)  A professional employee of a school district against 
whom a suit is pending who does not receive written notice, as 
required by Subsection (a), may file a plea in abatement not later 
than the 30th day after the date the person files an original answer 
in the court in which the suit is pending.
	(c)  The court shall abate the suit if the court, after a 
hearing, finds that the person is entitled to an abatement because 
notice was not provided as required by this section.
	(d)  An abatement under Subsection (c) continues until the 
90th day after the date that written notice is given to the 
professional employee of a school district as provided by 
Subsection (a).

Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.


	§ 22.0514. EXHAUSTION OF REMEDIES.  A person may not file 
suit against a professional employee of a school district unless 
the person has exhausted the remedies provided by the school 
district for resolving the complaint.

Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.


	§ 22.0515. LIMITATION ON DAMAGES.  The liability of a 
professional employee of a school district or of an individual that 
is entitled to any immunity and other protections afforded under 
the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. 
Section 6731 et seq.), as amended, for an act incident to or within 
the scope of duties of the employee's position of employment may not 
exceed $100,000. The limitation on liability provided by this 
subsection does not apply to any attorney's fees or court costs that 
may be awarded against the professional employee under Section 
22.0517.

Added by Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.          


	§ 22.0516. ALTERNATIVE DISPUTE RESOLUTION.  A court in 
which a judicial proceeding is being brought against a professional 
employee of a school district may refer the case to an alternative 
dispute resolution procedure as described by Chapter 154, Civil 
Practice and Remedies Code.

Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 1197, § 1, eff. Sept. 1, 2003.


	§ 22.0517. RECOVERY OF ATTORNEY'S FEES IN ACTION AGAINST 
PROFESSIONAL EMPLOYEE.  In an action against a professional 
employee of a school district involving an act that is incidental to 
or within the scope of duties of the employee's position of 
employment and brought against the employee in the employee's 
individual capacity, the employee is entitled to recover attorney's 
fees and court costs from the plaintiff if the employee is found 
immune from liability under this subchapter.

Added by Acts 2003, 78th Leg., ch. 204, § 15.01, eff. Sept. 1, 
2003;  Acts 2003, 78th Leg. ch. 1197, § 1, eff. Sept. 1, 2003.


	§ 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL DISTRICT 
EMPLOYEES OR VOLUNTEER PROFESSIONALS;  IMMUNITY FROM 
LIABILITY.  (a) On the adoption of policies concerning the 
administration of medication to students by school district 
employees, the school district, its board of trustees, and its 
employees are immune from civil liability from damages or injuries 
resulting from the administration of medication to a student if:
		(1)  the school district has received a written request 
to administer the medication from the parent, legal guardian, or 
other person having legal control of the student;  and
		(2)  when administering prescription medication, the 
medication is administered either:
			(A)  from a container that appears to be:                                    
				(i)  the original container;  and                                           
				(ii)  properly labeled;  or                                                 
			(B)  from a properly labeled unit dosage container 
filled by a registered nurse or another qualified district 
employee, as determined by district policy, from a container 
described by Paragraph (A).
	(b)  The board of trustees may allow a licensed physician or 
registered nurse who provides volunteer services to the school 
district and for whom the district provides liability insurance to 
administer to a student:
		(1)  nonprescription medication;  or                                          
		(2)  medication currently prescribed for the student by 
the student's personal physician.
	(c)  This section may not be construed as granting immunity 
from civil liability for injuries resulting from gross negligence.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 2003, 78th Leg., ch. 1197, § 2, eff. Sept. 1, 
2003.


	§ 22.053. SCHOOL DISTRICT VOLUNTEERS.  (a) A volunteer 
who is serving as a direct service volunteer of a school district is 
immune from civil liability to the same extent as a professional 
employee of a school district under Section 22.0511.
	(b)  In this section, "volunteer" means a person providing 
services for or on behalf of a school district, on the premises of 
the district or at a school-sponsored or school-related activity on 
or off school property, who does not receive compensation in excess 
of reimbursement for expenses.
	(c)  This section does not limit the liability of a person 
for intentional misconduct or gross negligence.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 2003, 78th Leg., ch. 204, § 15.02, eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 1197, § 3, eff. Sept. 1, 2003.


	§ 22.054. LIABILITY OF CERTAIN INSTITUTIONS OF HIGHER 
EDUCATION.  (a) A private or independent institution of higher 
education is not liable for damages arising from an act or omission 
of a person associated with the institution, including an employee 
or student, arising in the course and scope of that person's 
activities as a volunteer in a primary or secondary school.
	(b)  A school district may agree to provide or pay for 
attorney services for the defense of a private or independent 
institution of higher education if:
		(1)  the institution is assisting in the provision of 
volunteer services to primary or secondary schools in the district;
		(2)  a claim for damages is brought against the 
institution in relation to those services;  and
		(3)  the board of trustees of the school district 
reasonably believes that the institution is not liable for the 
claim under Subsection (a).
	(c)  In this section:                                                          
		(1)  "Private or independent institution of higher 
education" has the meaning assigned by Section 61.003.
		(2)  "Volunteer" means a person rendering services for 
or on behalf of a public school who does not receive compensation 
from the district in excess of reimbursement for expenses.  The 
person may receive compensation from a person other than the 
district.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            


	§ 22.055. FRIVOLOUS SUIT AGAINST EMPLOYEE.  A court may 
award costs and reasonable attorney's fees to a school district 
employee acting under color of employment to the same extent that a 
court may award costs and attorney's fees to a school district or 
school district officer under Section 11.161.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            

SUBCHAPTER C. CRIMINAL HISTORY RECORDS


	§ 22.081. DEFINITION.  In this subchapter, "private 
school" means a school that:
		(1)  offers a course of instruction for students in one 
or more grades from prekindergarten through grade 12;  and
		(2)  is not operated by a governmental entity.                                

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            


	§ 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE 
BOARD FOR EDUCATOR CERTIFICATION.  The State Board for Educator 
Certification shall obtain from any law enforcement or criminal 
justice agency all criminal history record information that relates 
to an applicant for or holder of a certificate issued under 
Subchapter B, Chapter 21.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            


	§ 22.083. ACCESS TO CRIMINAL HISTORY RECORDS BY LOCAL AND 
REGIONAL EDUCATION AUTHORITIES.  (a) A school district, private 
school, regional education service center, or shared services 
arrangement may obtain from any law enforcement or criminal justice 
agency all criminal history record information that relates to a 
person:
		(1)  whom the district, school, service center, or 
shared services arrangement intends to employ in any capacity;  or
		(2)  who has indicated, in writing, an intention to 
serve as a volunteer with the district, school, service center, or 
shared services arrangement.
	(b)  An open-enrollment charter school shall obtain from any 
law enforcement or criminal justice agency all criminal history 
record information that relates to:
		(1)  a person whom the school intends to employ in any 
capacity;  or        
		(2)  a person who has indicated, in writing, an 
intention to serve as a volunteer with the school.
	(c)  A school district, open-enrollment charter school, 
private school, regional education service center, or shared 
services arrangement may obtain from any law enforcement or 
criminal justice agency all criminal history record information 
that relates to:
		(1)  a volunteer or employee of the district, school, 
service center, or shared services arrangement;  or
		(2)  an employee of or applicant for employment by a 
person that contracts with the district, school, service center, or 
shared services arrangement to provide services, if:
			(A)  the employee or applicant has or will have 
continuing duties related to the contracted services;  and
			(B)  the duties are or will be performed on school 
property or at another location where students are regularly 
present.
	(d)  The superintendent of a district or the director of an 
open-enrollment charter school, private school, regional education 
service center, or shared services arrangement shall promptly 
notify the State Board for Educator Certification in writing if the 
person obtains or has knowledge of information showing that an 
applicant for or holder of a certificate issued under Subchapter B, 
Chapter 21, has a reported criminal history.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 2001, 77th Leg., ch. 1504, § 20, eff. Sept. 1, 
2001.


	§ 22.084. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL BUS 
DRIVERS, BUS MONITORS, AND BUS AIDES.  (a) Except as provided by 
Subsections (c) and (d), a school district, open-enrollment charter 
school, private school, regional education service center, or 
shared services arrangement that contracts with a person for 
transportation services shall obtain from any law enforcement or 
criminal justice agency all criminal history record information 
that relates to:
		(1)  a person employed by the person as a bus driver;  
or                   
		(2)  a person the person intends to employ as a bus 
driver.                 
	(b)  Except as provided by Subsections (c) and (d), a person 
that contracts with a school district, open-enrollment charter 
school, private school, regional education service center, or 
shared services arrangement to provide transportation services 
shall submit to the district, school, service center, or shared 
services arrangement the name and other identification data 
required to obtain criminal history record information of each 
person described by Subsection (a).  If the district, school, 
service center, or shared services arrangement obtains information 
that a person described by Subsection (a) has been convicted of a 
felony or a misdemeanor involving moral turpitude, the district, 
school, service center, or shared services arrangement shall inform 
the chief personnel officer of the person with whom the district, 
school, service center, or shared services arrangement has 
contracted, and the person may not employ that person to drive a bus 
on which students are transported without the permission of the 
board of trustees of the district or service center, the governing 
body of the open-enrollment charter school, or the chief executive 
officer of the private school or shared services arrangement.
	(c)  A commercial transportation company that contracts with 
a school district, open-enrollment charter school, private school, 
regional education service center, or shared services arrangement 
to provide transportation services may obtain from any law 
enforcement or criminal justice agency all criminal history record 
information that relates to:
		(1)  a person employed by the commercial transportation 
company as a bus driver, bus monitor, or bus aide;  or
		(2)  a person the commercial transportation company 
intends to employ as a bus driver, bus monitor, or bus aide.
	(d)  If the commercial transportation company obtains 
information that a person employed or to be employed by the company 
has been convicted of a felony or a misdemeanor involving moral 
turpitude, the company may not employ that person to drive or to 
serve as a bus monitor or bus aide on a bus on which students are 
transported without the permission of the board of trustees of the 
district or service center, the governing body of the 
open-enrollment charter school, or the chief executive officer of 
the private school or shared services arrangement.  Subsections (a) 
and (b) do not apply if information is obtained as provided by 
Subsection (c).

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 1997, 75th Leg., ch. 1438, § 1, eff. Sept. 1, 
1997.


	§ 22.085. DISCHARGE OF EMPLOYEES CONVICTED OF 
OFFENSES.  A school district, open-enrollment charter school, 
private school, regional education service center, or shared 
services arrangement may discharge an employee if the district or 
school obtains information of the employee's conviction of a felony 
or of a misdemeanor involving moral turpitude that the employee did 
not disclose to the State Board for Educator Certification or the 
district, school, service center, or shared services arrangement.  
An employee discharged under this section is considered to have 
been discharged for misconduct for purposes of Section 207.044, 
Labor Code.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            


	§ 22.086. LIABILITY FOR REPORTING OFFENSES.  The State 
Board for Educator Certification, a school district, an 
open-enrollment charter school, a private school, a regional 
education service center, a shared services arrangement, or an 
employee of the board, district, school, service center, or shared 
services arrangement is not civilly or criminally liable for making 
a report required under this subchapter.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            

SUBCHAPTER D. COMPENSATION SUPPLEMENTATION


	§ 22.101. DEFINITIONS.  In this subchapter:                                 
		(1)  "Cafeteria plan" means a plan as defined and 
authorized by Section 125, Internal Revenue Code of 1986.
		(2)  "Employee" means an active, contributing member of 
the Teacher Retirement System of Texas who:
			(A)  is employed by a district, other educational 
district whose employees are members of the Teacher Retirement 
System of Texas, participating charter school, or regional 
education service center;
			(B)  is not a retiree eligible for coverage under 
the program established under Chapter 1575, Insurance Code;
			(C)  is not eligible for coverage by a group 
insurance program under Chapter 1551 or 1601, Insurance Code;  and
			(D)  is not an individual performing personal 
services for a district, other educational district that is a 
member of the Teacher Retirement System of Texas, participating 
charter school, or regional education service center as an 
independent contractor.
		(3)  "Participating charter school" means an open- 
enrollment charter school established under Subchapter D, Chapter 
12, that participates in the program established under Chapter 
1579, Insurance Code.
		(4)  "Regional education service center" means a 
regional education service center established under Chapter 8.

Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 
2005;  Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005.


	§ 22.102. AUTHORITY TO ADOPT RULES;  OTHER 
AUTHORITY.  (a) The agency may adopt rules to implement this 
subchapter.
	(b)  The agency may enter into interagency contracts with any 
other agency of this state for the purpose of assistance in 
implementing this subchapter.

Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 
2005;  Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005.


	§ 22.103. ELIGIBILITY;  WAITING PERIOD.                                     

Text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02
	A person is not eligible for a monthly distribution under 
this subchapter before the 91st day after the first day the person 
becomes an employee.

Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 
2005.     

For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 
6, see § 22.103, post.


	§ 22.103. DISTRIBUTION BY AGENCY.                                           

Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
	Subject to the availability of funds, each month the agency 
shall deliver to each district, including a district that is 
ineligible for state aid under Chapter 42, each other educational 
district that is a member of the Teacher Retirement System of Texas, 
each participating charter school, and each regional education 
service center state funds in an amount, as determined by the 
agency, equal to the product of the number of employees employed by 
the district, school, or service center multiplied by the amount 
specified in the General Appropriations Act for purposes of this 
subchapter and divided by 12.  The agency shall distribute funding 
to only one entity for employees who are employed by more than one 
entity listed in this section.

Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005.          

For text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02, see § 22.103, ante.


	§ 22.104. DISTRIBUTION BY AGENCY.                                           

Text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02
	Subject to the availability of funds, each month the agency 
shall deliver to each district, including a district that is 
ineligible for state aid under Chapter 42, each other educational 
district that is a member of the Teacher Retirement System of Texas, 
each participating charter school, and each regional education 
service center state funds in an amount, as determined by the 
agency, equal to the product of the number of eligible employees 
employed by the district, school, or service center multiplied by 
the amount specified in the General Appropriations Act for purposes 
of this subchapter and divided by 12.  The agency shall distribute 
funding to only one entity for employees who are employed by more 
than one entity listed in this section.

Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 
2005.     

For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 
6, see § 22.104, post.


	§ 22.104. FUNDS HELD IN TRUST.                                              

Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
	All funds received by a district, other educational district, 
participating charter school, or regional education service center 
under this subchapter are held in trust for the benefit of the 
employees on whose behalf the district, school, or service center 
received the funds.

Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005.          

For text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02, see § 22.104, ante.


	§ 22.105. FUNDS HELD IN TRUST.                                              

Text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02
	All funds received by a district, other educational district, 
participating charter school, or regional education service center 
under this subchapter are held in trust for the benefit of the 
employees on whose behalf the district, school, or service center 
received the funds.

Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 
2005.     

For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 
6, see § 22.105, post.


	§ 22.105. RECOVERY OF DISTRIBUTIONS.                                        

Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
	The agency is entitled to recover from a district, other 
educational district, participating charter school, or regional 
education service center any amount distributed under this 
subchapter to which the district, school, or service center was not 
entitled.

Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005.          

For text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02, see § 22.105, ante.


	§ 22.106. RECOVERY OF DISTRIBUTIONS.                                        

Text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02
	The agency is entitled to recover from a district, other 
educational district, participating charter school, or regional 
education service center any amount distributed under this 
subchapter to which the district, school, or service center was not 
entitled.

Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 
2005.     

For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 
6, see § 22.106, post.


	§ 22.106. DETERMINATION BY AGENCY FINAL.                                    

Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
	A determination by the agency under this subchapter is final 
and may not be appealed.

Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005.          

For text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02, see § 22.106, ante.


	§ 22.107. DETERMINATION BY AGENCY FINAL.                                    

Text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02
	A determination by the agency under this subchapter is final 
and may not be appealed.

Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 
2005.     

For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 
6, see § 22.107, post.


	§ 22.107. DISTRIBUTION BY SCHOOL.                                           

Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
	Each month, each district, other educational district that is 
a member of the Teacher Retirement System of Texas, participating 
charter school, and regional education service center must 
distribute to its employees the funding received under this 
subchapter.  To receive the monthly distribution, an individual 
must meet the definition of an employee under Section 22.101 for 
that month.

Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005.          

For text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02, see § 22.107, ante.


	§ 22.108. DISTRIBUTION BY SCHOOL.                                           

Text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02
	Each month, each district, other educational district that is 
a member of the Teacher Retirement System of Texas, participating 
charter school, and regional education service center must 
distribute to its eligible employees the funding received under 
this subchapter.  To receive the monthly distribution, an 
individual must meet the definition of an employee under Section 
22.101 for that month.

Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 
2005.     

For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 
6, see § 22.108, post.


	§ 22.108. USE OF SUPPLEMENTAL COMPENSATION.                                 

Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
	An employee may use a monthly distribution received under 
this subchapter for any employee benefit, including depositing the 
amount of the distribution into a cafeteria plan, if the employee is 
enrolled in a cafeteria plan, or using the amount of the 
distribution for health care premiums through a premium conversion 
plan.  The employee may take the amount of the distribution as 
supplemental compensation.

Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005.          

For text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02, see § 22.108, ante.


	§ 22.109. USE OF SUPPLEMENTAL COMPENSATION.                                 

Text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02
	An employee may use a monthly distribution received under 
this subchapter for any employee benefit, including depositing the 
amount of the distribution into a cafeteria plan, if the employee is 
enrolled in a cafeteria plan, or using the amount of the 
distribution for health care premiums through a premium conversion 
plan.  The employee may take the amount of the distribution as 
supplemental compensation.

Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 
2005.     

For text of section as added by Acts 2005, 79th Leg., ch. 1359, § 
6, see § 22.109, post.


	§ 22.109. SUPPLEMENTAL COMPENSATION.                                        

Text of section as added by Acts 2005, 79th Leg., ch. 1359, § 6
	An amount distributed to an employee under this subchapter 
must be in addition to the rate of compensation that:
		(1)  the district, other educational district, 
participating charter school, or regional education service center 
paid the employee in the preceding school year;  or
		(2)  the district, school, or service center would have 
paid the employee in the preceding school year if the employee had 
been employed by the district, school, or service center in the same 
capacity in the preceding school year.

Added by Acts 2005, 79th Leg., ch. 1359, § 6, eff. Sept. 1, 2005.          

For text of section as added by Acts 2005, 79th Leg., ch. 899, § 
18.02, see § 22.109, ante.


	§ 22.110. SUPPLEMENTAL COMPENSATION.  An amount 
distributed to an employee under this subchapter must be in 
addition to the rate of compensation that:
		(1)  the district, other educational district, 
participating charter school, or regional education service center 
paid the employee in the preceding school year;  or
		(2)  the district, school, or service center would have 
paid the employee in the preceding school year if the employee had 
been employed by the district, school, or service center in the same 
capacity in the preceding school year.

Added by Acts 2005, 79th Leg., ch. 899, § 18.02, eff. Sept. 1, 
2005.     

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS


	§ 22.901. UNLAWFUL INQUIRY INTO RELIGIOUS 
AFFILIATION.  (a) A person employed or maintained to obtain or aid 
in obtaining positions for public school employees may not directly 
or indirectly ask about, orally or in writing, the religion or 
religious affiliation of anyone applying for employment in the 
public schools of this state.
	(b)  A person who violates Subsection (a) is subject to a 
civil penalty of not less than $100 nor more than $500. The 
aggrieved applicant or the applicant's assignee may bring suit for 
imposition of the civil penalty in the county of plaintiff's or 
defendant's residence.
	(c)  A person who violates Subsection (a) commits an offense.  
An offense under this subsection is a Class B misdemeanor.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.