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.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1479 passed the Senate on

         May 6, 1997, by the following vote:  Yeas 25, Nays 5.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1479 passed the House on

         May 21, 1997, by the following vote:  Yeas 145, Nays 0, two present

         not voting.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor