Relating to liability of public schools and professional school employees for sexual misconduct involving students.

Contracts

• Indemnification: Expect School Districts (ISDs) to amend Master Service Agreements (MSAs) to require vendors to indemnify the district for acts of vendor employees.
• Subcontractors: You must update contracts with your own subcontractors (e.g., independent drivers, third-party staffing) to mirror these liability flows.
• Legal Representation: Determine policy on joint defense. The law requires the employee to be named as a defendant; conflicts of interest between the firm and the employee will arise.

Hiring/Training

• Enhanced Vetting: Standard background checks are insufficient defense against "gross negligence." You must verify references and check the TEA "Do Not Hire" registry for all deployed staff.
• Mandatory Reporting: You must train all deployed staff on Texas Family Code Sec. 261.101 (duty to report abuse). Failure to report is now a direct trigger for civil liability.
• Definition of "Teacher": The law applies to "teachers employed by a company." Treat any employee with instructional duties or student supervision as falling under this statute.

Reporting & Record-Keeping

• Training Logs: Maintain signed acknowledgments of sexual misconduct prevention and mandatory reporter training.
• Incident Logs: Create a permanent record of *every* complaint regarding employee conduct with a minor, regardless of how minor it seems. Failure to document and investigate establishes a pattern of recklessness.

Fees & Costs

• Insurance Premiums: General Liability policies often exclude Sexual Abuse and Molestation (SAM). You must purchase specific SAM endorsements or standalone policies immediately.
• Litigation Costs: The statute awards "reasonable and necessary attorney’s fees" to prevailing plaintiffs. These fees are uncapped and are in addition to the $500,000 damages cap.