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."