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.