By Bivins S.B. No. 1479
75R976 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to civil immunity for volunteers for institutions of
1-3 higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 51, Education Code, is
1-6 amended by adding Section 51.937 to read as follows:
1-7 Sec. 51.937. IMMUNITY FROM LIABILITY FOR VOLUNTEERS. (a) A
1-8 volunteer who is serving as a direct service volunteer for an
1-9 institution of higher education is immune from civil liability for
1-10 any act that:
1-11 (1) is incident to or within the scope of the duties
1-12 of the volunteer's position; and
1-13 (2) involves the exercise of judgment or discretion on
1-14 the part of the volunteer.
1-15 (b) Subsection (a) does not apply in circumstances in which
1-16 a volunteer uses excessive force in the discipline of students or
1-17 to negligence resulting in bodily injury to students.
1-18 (c) This section does not apply to the operation, use, or
1-19 maintenance of a motor vehicle.
1-20 (d) This section does not limit the liability of a person
1-21 for intentional misconduct or gross negligence.
1-22 (e) In this section, "volunteer" means a person providing
1-23 services for or on behalf of an institution of higher education, on
1-24 the premises of the institution or at an activity related to or
2-1 sponsored by the institution on or off of the property of the
2-2 institution, who does not receive compensation in excess of
2-3 reimbursement for expenses.
2-4 SECTION 2. This Act applies only to a cause of action that
2-5 accrues on or after the effective date of this Act. A cause of
2-6 action that accrues before the effective date of this Act is
2-7 governed by the law applicable to the cause of action immediately
2-8 before the effective date of this Act, and that law is continued in
2-9 effect for that purpose.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.