A new Texas bill – House Bill 4623 (HB 4623) – set to take effect on September 1, 2025, introduces significant changes to how public schools and their employees can be held legally accountable for specific forms of misconduct, particularly involving sexual misconduct and failure to report suspected child abuse or neglect.
At Kherkher Garcia, our sexual assault attorneys closely monitor legislative developments, like Texas House Bill 4623, that impact the rights of school assault victims. Here’s what Texas residents need to know.
What Is HB 4623?
HB 4623 creates a new section – Chapter 118 of the Texas Civil Practice and Remedies Code – with the purpose of establishing legal liability for public schools and professional school employees in cases where students suffer harm due to serious misconduct or a failure to act in the face of abuse.
Under this law, public schools (including ISDs and charter schools) can be held liable when a professional school employee:
- Commits sexual misconduct against a student, or
- Fails to report suspected child abuse or neglect, as required by the Texas Family Code.
Who Does the Law Apply To?
The bill broadly defines “professional school employees” to include:
- Teachers and substitute teachers
- Principals, superintendents, and administrators
- Counselors, nurses, social workers, and teacher’s aides
- School bus drivers and school board members
- Anyone working for a public school whose job requires certification and the exercise of discretion
In other words, liability is no longer limited to just teachers or administrators. Rather, liability can extend to a wide range of certified school professionals.
Key Legal Changes Introduced by HB 4623
Waiver of Governmental Immunity
Public schools will no longer be able to claim governmental immunity in these specific cases. That means victims can sue the school directly, not just the individual employee.
Abolishment of Official Immunity
Professional school employees can also be personally liable, as the bill eliminates official immunity protections when the case involves sexual misconduct or failure to report abuse.
Mandatory Naming of Individual Defendants
Any lawsuit filed under this law must name the individual employee responsible for the act or omission as a defendant, along with the school. This creates joint and several liability, meaning either party could be required to pay the full amount of damages awarded.
Damages and Legal Fees
If a claimant prevails in a lawsuit under this law, they may recover:
- Actual damages
- Court costs
- Reasonable attorney’s fees
However, exemplary (punitive) damages are not permitted under the final version of the bill.
How Did the Bill Change in the Legislative Process?
The original version of HB 4623 proposed broader liability, allowing schools and staff to be sued for any negligent, reckless, or intentional acts that caused injury or death to a student, including mental impairment or serious bodily harm.
But the Committee Substitute version, which is the one moving forward, narrowed the scope significantly. The final bill:
- Limits liability only to cases involving sexual misconduct or failure to report child abuse or neglect.
- Removes provisions related to general negligence or reckless behavior.
- Eliminates the ability to recover exemplary damages, reducing financial exposure for schools.
What This Means for Texas Families and Educators
HB 4623 marks a significant shift in how Texas law treats school accountability in the most serious cases of student harm. By waiving immunity and mandating joint liability, the law provides greater legal recourse for victims of abuse or misconduct within the school system.
At the same time, the narrowed scope of the Committee Substitute version means that claims based on broader negligence will not fall under this new law. Examples include accidents or other forms of educator misconduct.
Final Thoughts
HB 4623 is a step toward holding public schools and their employees accountable for the most severe breaches of trust involving student safety. Parents, educators, and school administrators alike should understand its implications, both in terms of legal exposure and the responsibility to report suspected abuse.
As the law goes into effect in September 2025, school districts may need to update policies, training, and reporting procedures to ensure compliance, and most importantly, to protect Texas students from harm.
How Kherkher Garcia Helps Victims of School Sexual Assault
At Kherkher Garcia, we are committed to helping victims of school sexual assault seek justice, accountability, and healing. By staying up to date on changes in the law, including the removal of immunity protections for schools and staff, we ensure our clients receive the strongest possible representation. When schools fail to protect students, Kherkher Garcia is here to help victims assert their rights and pursue meaningful justice.
Our attorneys provide compassionate, confidential legal support to students and families affected by abuse or misconduct within public and charter schools. We understand the deep emotional and legal complexities of these cases, and we fight to hold both the individuals responsible and the institutions accountable.
If you have questions about school sexual assault and your rights, contact us today for a free, confidential consultation. Call us at 713-333-1030, or submit our confidential online contact form to get started.
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