By Wise                                         H.B. No. 1164

      75R4879 CAS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a school district program to notify parents of a

 1-3     student's absence.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 33, Education Code, is

 1-6     amended by adding Section 33.0521 to read as follows:

 1-7           Sec. 33.0521.  NOTIFICATION CONCERNING ABSENT CHILD.  A

 1-8     missing child prevention and identification program may include a

 1-9     procedure adopted by the board of trustees under which school

1-10     personnel are required to notify the parent or legal custodian of a

1-11     child if the child is not at school for all or part of a school

1-12     day.

1-13           SECTION 2.  Section 33.056, Education Code, is amended to

1-14     read as follows:

1-15           Sec. 33.056.  LIABILITY FOR NONPERFORMANCE.  (a)  A person is

1-16     not liable in any suit for damages for negligent performance or

1-17     nonperformance of any requirement of this subchapter.

1-18           (b)  Notwithstanding Subsection (a), in a school district in

1-19     which the board of trustees has adopted a notification procedure

1-20     under Section 33.0521, a school employee responsible for providing

1-21     notice of an absent child is not liable in any suit for damages for

1-22     failure to give the notice if the employee is unable, after

1-23     reasonable effort, to contact the child's parent or legal

1-24     custodian.

 2-1           SECTION 3.  The importance of this legislation and the

 2-2     crowded condition of the calendars in both houses create an

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended,

 2-6     and that this Act take effect and be in force from and after its

 2-7     passage, and it is so enacted.