By: Schechter H.J.R. No. 46 73R1923 DLF-D A JOINT RESOLUTION 1-1 proposing a constitutional amendment authorizing the legislature to 1-2 limit the liability of certain volunteers. 1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article III of the Texas Constitution is amended 1-5 by adding Section 66 to read as follows: 1-6 Sec. 66. (a) The legislature may limit the liability of a 1-7 person or provide that a person is not liable for damages, 1-8 including damages for loss or injury to property, personal injury, 1-9 or death, arising from a service: 1-10 (1) related to the education process provided by the 1-11 person, on a volunteer basis and without compensation, to a public 1-12 school district on the premises of the district; or 1-13 (2) provided by a person for or on behalf of a 1-14 charitable organization if the person does not receive compensation 1-15 in excess of reimbursement for expenses incurred, including a 1-16 service provided by a person as a director, officer, trustee, or 1-17 direct service volunteer of the organization. 1-18 (b) A limitation on the liability of a person covered by 1-19 this section applies, without regard to whether the legislature 1-20 enacted the limitation before January 1, 1994, only to an action: 1-21 (1) commenced on or after January 1, 1994, or the 1-22 effective date of the enactment of the limitation, whichever is 1-23 later; or 1-24 (2) pending on January 1, 1994, or the effective date 2-1 of the enactment of the limitation, whichever is later, and in 2-2 which the trial, or any new trial or retrial following motion, 2-3 appeal, or otherwise, begins on or after that date. 2-4 SECTION 2. This proposed constitutional amendment shall be 2-5 submitted to the voters at an election to be held November 2, 1993. 2-6 The ballot shall be printed to provide for voting for or against 2-7 the proposition: "The constitutional amendment authorizing the 2-8 legislature to limit the liability of certain volunteers."