Hopkins v. Spring Independent School District

I respectfully dissent. Even if the court were correct in its adherence to Barr v. Bernhard, 562 S.W.2d 844 (Tex.1978), this cause would have to be reversed and remanded as to the defendant Charles Bam-mel, Spring’s Director of Transportation.

By its clear language, Tex.Educ.Code Ann. § 21.912(b) is applicable to professional school district employees. Bam-mel’s summary judgment proof does not *616place him in this category. While his affidavit states his job involves the exercise of judgment or discretion, it fails to state his employment requires certification, as mandated by section 21.912(d).

Bu…