Texas lawmakers pass bill holding public schools civilly liable for employee sexual misconduct

A sweeping legislative reform passed by the Texas Legislature this week could dramatically alter the legal landscape for public schools, as House Bill 4623 moves forward to hold school districts civilly liable in cases where their employees commit acts of sexual abuse against students.

Authored by state Rep. Mitch Little (R-Lewisville), HB 4623 removes the legal shield of sovereign immunity in cases where school districts are found to have been negligent in hiring or supervising employees who go on to sexually abuse students. The bill cleared the Senate unanimously Tuesday evening, after passing the House with bipartisan support—109 votes in favor, 19 against—two weeks earlier.

Currently, Texas law protects public school districts from civil lawsuits arising from employee misconduct, including sexual abuse. HB 4623 strips that protection, opening the door for affected students and families to seek damages when school negligence is found to have contributed to the abuse.

“Passage of this bill is a giant step forward in protecting schoolchildren in our state from sexual abuse,” Rep. Little said following the Senate vote. “Families who entrust their children to our public schools deserve access to the courts when their children are mistreated, and 4623 provides that access and needed accountability.”

Cap on Damages and Liability Language

The bill saw several amendments during its time in the House. Notably, Rep. Gina Hinojosa (D-Austin) introduced an amendment to limit the financial exposure of districts. Originally proposing a $250,000 cap per act of negligence, the amendment was ultimately modified—at Little’s request—to raise the cap to $500,000. Hinojosa’s version also clarified that liability would hinge on “negligence” in hiring or supervising employees, a lower threshold than the Senate's final language.

The Senate version of the bill imposes a higher standard, requiring proof of "gross negligence," recklessness, or intentional misconduct by the school in its hiring or oversight processes. Despite the difference, Little indicated Thursday he would accept the Senate’s tougher language in order to expedite the bill’s passage and implementation.

“I do plan to concur with the Senate's amendments in order to ensure our schoolchildren get the due process they deserve,” Little said.

Political and Public Support

HB 4623 aligns with a stated priority of the Republican Party of Texas to combat the sexualization and abuse of minors in the school system. In a GOP caucus video, Little emphasized that the bill targets systemic failures that enable abuse and sends a strong message to school administrators and staff.

“We hope to make sure that we protect and stop sexualizing Texas kids, and that everyone who has a child that they’re sending off to public school every morning doesn’t have to worry about what they’re going to experience,” he said.

Lieutenant Governor Dan Patrick echoed this sentiment, delivering a stern warning to school officials across the state in the wake of the bill’s unanimous Senate passage.

“For all those in the schools, thousands of superintendents, thousands of principals: understand, we’re gonna be watching,” Patrick said. “Your careers will be destroyed, you could end up in jail — we’re not going to tolerate this one more day.”

Patrick also pledged to instruct the Texas Education Agency to act swiftly in enforcing the provisions of HB 4623, stating that he would accept “no excuses” for delays or noncompliance.

What’s Next?

With Rep. Little agreeing to accept the Senate’s changes, the bill is poised for final legislative approval and signature by Governor Greg Abbott. Once enacted, HB 4623 will represent a major shift in how Texas handles accountability in public education, prioritizing student safety and transparency over institutional protection.

Critics have raised concerns about the potential financial implications for school districts and whether the threat of civil litigation could lead to defensive or overly cautious hiring practices. However, supporters argue that the benefits of accountability far outweigh those risks.

“Schools have a duty of care,” Hinojosa said during floor debate. “If they breach that duty and a child suffers, justice demands a remedy.”

HB 4623 could set a precedent for other states grappling with how to address sexual misconduct in public institutions—and how to protect the most vulnerable members of the school community.