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.