By: Bivins S.B. No. 1479 A BILL TO BE ENTITLED AN ACT 1-1 relating to civil immunity for volunteers for institutions of 1-2 higher education. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter Z, Chapter 51, Education Code, is 1-5 amended by adding Section 51.937 to read as follows: 1-6 Sec. 51.937. IMMUNITY FROM LIABILITY FOR VOLUNTEERS. (a) A 1-7 volunteer who is serving as a direct service volunteer for an 1-8 institution of higher education is immune from civil liability for 1-9 any act that: 1-10 (1) is incident to or within the scope of the duties 1-11 of the volunteer's position; and 1-12 (2) involves the exercise of judgment or discretion on 1-13 the part of the volunteer. 1-14 (b) This section does not apply to the operation, use, or 1-15 maintenance of a motor vehicle. 1-16 (c) This section does not limit the liability of a person 1-17 for intentional misconduct or gross negligence. 1-18 (d) In this section, "volunteer" means a person providing 1-19 services for or on behalf of an institution of higher education, on 1-20 the premises of the institution or at an activity related to or 1-21 sponsored by the institution on or off of the property of the 1-22 institution, who does not receive compensation in excess of 1-23 reimbursement for expenses. 2-1 SECTION 2. This Act applies only to a cause of action that 2-2 accrues on or after the effective date of this Act. A cause of 2-3 action that accrues before the effective date of this Act is 2-4 governed by the law applicable to the cause of action immediately 2-5 before the effective date of this Act, and that law is continued in 2-6 effect for that purpose. 2-7 SECTION 3. The importance of this legislation and the 2-8 crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended, 2-12 and that this Act take effect and be in force from and after its 2-13 passage, and it is so enacted.