HB 318 — The defense of a school district by the attorney general

90R1862 AND-D By: Leach H.B. No. 318 relating to the defense of a school district by the attorney general in certain causes of action arising out of the expulsion of a student.

SECTION 1. Subchapter A, Chapter 37, Education Code, is amended by adding Section 37.030 to read as follows: Sec. 37.030. DEFENSE BY ATTORNEY GENERAL FOR ACTIONS ARISING OUT OF EXPULSION OF CERTAIN STUDENTS. (a) The attorney general shall defend a school district in a cause of action alleging that the district's expulsion of a student under this chapter on the basis that the student poses a threat to the safety of other students or district employees violates the laws of this state or federal law. (b) In a cause of action described by Subsection (a), the state shall indemnify the school district against liability for damages, settlement amounts, and any other costs or expenses arising out of the cause of action. The attorney general may settle the cause of action.

SECTION 2. The change in law made by this Act applies only to an action filed on or after the effective date of this Act. An action filed before the effective date of this Act is governed by the law as it existed immediately before that date, and that law is continued in effect for that purpose.

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, 2027.