Sexual abuse committed by school personnel is among the gravest breaches of trust and authority. For years, Texas law often shielded school districts and their employees from liability, even when they ignored or covered up abuse. That changed with the passage of HB 4623, a landmark law abolishing many of those legal protections.
In the article below, the sexual assault attorneys at Kherkher Garcia explain HB 4623 and why it is so important for victims and their families. If you have questions about this law or how to protect your rights after an assault, please do not wait to get help. Contact us as soon as possible.
What is HB 4623?
Effective September 1, 2025, Texas House Bill 4623 adds Chapter 118 to the Civil Practice & Remedies Code. It creates a legal framework allowing civil lawsuits against public schools and staff for:
- Sexual misconduct (as defined under Penal Code sections involving acts such as assault and indecency).
- Failure to report suspected child abuse or neglect.
- Grossly negligent hiring or supervision that enabled such conduct
Under HB 4623:
- Schools and employees are jointly and severally liable. Both can be sued together.
- Victims can recover actual damages up to $500,000, plus court costs and attorneys’ fees.
- Governmental and official immunity are waived in these cases.
This represents a significant shift: Texas no longer protects schools when employees perpetrate abuse or intentionally fail to report it.
Why HB 4623 Matters
HB 4623 and similar laws matter for several reasons – primarily because they support protections for vulnerable victims. HB 4623 aims to do the following:
Close the “Immunity Gap”
Before HB 4623, if official immunity applied, districts could avoid accountability, even in horrifying cases of sexual assault or concealment. This meant survivors often faced insurmountable legal barriers despite overwhelming evidence
Enhancing Deterrence
By stripping away legal protections, HB 4623 places financial and reputational risk squarely on schools and employees. As Rep. Mitch Little noted, this increased accountability incentivizes districts to:
- Improve background checks
- Train staff on abuse prevention
- Promptly report and act on allegations
Empowering Survivors
The law enables students and families to:
- Bring suit directly against both individuals and districts
- Obtain financial compensation, including damages, costs, and legal fees
- Ensure their stories are heard, rebuilding agency after trauma
What Every Parent Needs to Know
Students may hide sexual abuse in public school settings for extended periods of time. It is important that parents be aware of the risks and what can be done if misconduct does occur. Consider the following:
Recognizing Sexual Abuse
Sexual misconduct encompasses a wide range of criminal acts, including:
- Assault or aggravated assault
- Indecency with a child
- Sexual performance by a child
- Online exploitation and inappropriate touching
Signs may include sudden behavioral change, depression, anxiety, or resistance to school or specific staff members. Awareness and vigilance are essential.
Mandatory Reporting
Under Family Code § 261.101, any professional school employee who suspects child abuse must report it immediately. Failure to do so now carries personal and civil liability under HB 4623.
Your Child’s Legal Rights
Under HB 4623, victims can:
- File civil lawsuits against both the employee and school district.
- Seek actual damages up to $500,000.
- Recover attorneys’ fees and court costs.
- Add other legal claims, such as negligence or Title IX violations.
Timeline for Filing
HB 4623 applies only to conduct on or after September 1, 2025; older claims remain litigable under prior law. Specific statutes of limitations may still apply, so timely legal consultation is crucial.
When to Talk to an Attorney
Sexual abuse victims and their families often benefit from the guidance of a skilled attorney when determining the best course of action. Based on our experience with these cases, we recommend contacting an attorney if any of the following occurs:
- Suspicion of Abuse: If you suspect sexual abuse or negligence in handling abuse allegations, consult an attorney immediately. Early intervention preserves critical evidence and protects your child.
- After a Report is Made or Ignored: If your report is ignored, mishandled, or covered up, an attorney can help determine next steps under HB 4623 and other relevant laws.
- When School Discipline Is Used Instead of Reporting: Some schools may opt for internal discipline rather than official reporting. Under HB 4623, failure to report can trigger liability if it contributes to ongoing risk.
- If Seeking Civil Damages: HB 4623 allows claims for:
- Compensation for physical or emotional harm
- Therapy costs and educational support
- Attorneys’ fees and court costs
An attorney can develop a strong case by gathering evidence such as:
- Messages
- Incident reports
- Medical records
- Witness accounts
Gathering evidence is an important part of maximizing your family’s potential recovery.
Frequently Asked Questions (FAQs)
Q: Does HB 4623 apply to private schools?
A: No. The law applies only to public schools and open-enrollment charter schools. Private and parochial schools are not covered .
Q: What counts as “professional school employee”?
A: Broadly defined. It includes:
- Administrators, teachers, coaches, aides
- Counselors, nurses, social workers
- Bus drivers, substitute teachers, board members
- Contracted or trainee staff under school supervision
Q: What damages can be recovered?
A: Victims may seek:
- Actual damages (medical, therapy, pain and suffering)
- Up to $500,000 per claimant
- Court costs and reasonable attorneys’ fees
Q: Are exemplary (punitive) damages allowed?
A: No. The focus is on actual damages. The law does not permit punitive awards.
Q: What if the school district claims sovereign immunity?
A: HB 4623 removes sovereign immunity in these cases, allowing districts to be sued directly for covered conduct .
Q: Can the individual staff member plead immunity?
A: No. HB 4623 abolishes official immunity for employees in cases of sexual misconduct or failure to report .
Q: Does the cap apply per incident or per student?
A: The $500,000 cap applies per claimant per act or omission, not per school district.
Q: When does HB 4623 take effect?
A: The law goes into effect September 1, 2025, and applies to acts or omissions on or after that date .
Why Hire Kherkher Garcia
At Kherkher Garcia, we are deeply committed to protecting children and young people and holding educational institutions accountable. We bring:
- Experience: A proven track record in civil rights, child protection, and institutional liability cases
- Compassionate Advocacy: Sensitive, trauma-informed representation for survivors and families
- Aggressive Representation: We fight for full compensation including medical expenses, therapy, and damages for victims
Let us help you secure justice under. HB 4623 and related laws.
HB 4623 marks a powerful milestone in Texas law. School districts and employees will no longer be immune when they allow, ignore, or cover up sexual abuse. This legal shift empowers parents and victims to seek accountability, deters future misconduct, and aims to restore trust in the system meant to protect Texas children.
If you suspect misbehavior, internal or external reporting failures, or face unexplained emotional trauma in your child, don’t wait. Reach out to our qualified attorneys to explore your rights and prepare a robust case under this new legal framework.
Get started today by calling us at 713-333-1030 for a free, confidential consultation. You can also request more information or schedule a consultation via our website contact form.
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