ZEM S.B. 1479 75(R)BILL ANALYSIS


CIVIL PRACTICES
S.B. 1479
By: Bivins (Roman, Goodman)
5-14-97
Committee Report (Unamended)


BACKGROUND 

Currently, under Section 22.053, Education Code, volunteers in 
public education are immune from 
civil liability for discretionary acts undertaken in their 
volunteer capacity as long as such acts do not 
involve intentional misconduct or gross negligence.  This bill 
would afford similar civil immunity 
protections for volunteers in institutions of higher education.  
  
PURPOSE

As proposed, S.B. 1479 sets forth civil immunity from liability 
for volunteers in institutions of 
higher education.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a 
state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 51Z, Education Code, by adding Section 
51.937, as follows:

Sec. 51.937.  IMMUNITY FROM LIABILITY FOR VOLUNTEERS.  
Provides that a 
volunteer who is serving as a direct service volunteer for 
an institution of higher education 
is immune from civil liability for certain acts.  Provides 
that this section does not apply to 
the operation, use, or maintenance of a motor vehicle.  
Provides that this section does not 
limit the liability of a person for intentional misconduct 
or gross negligence.  Defines 
"volunteer."  

SECTION 2. Applies prospectively; savings clause.

SECTION 3. Emergency clause.
  Effective date: upon passage.