1-1 By: Bivins S.B. No. 1479 1-2 (In the Senate - Filed March 13, 1997; March 20, 1997, read 1-3 first time and referred to Committee on Economic Development; 1-4 May 2, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 11, Nays 0; May 2, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1479 By: Ellis 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to civil immunity for volunteers for institutions of 1-11 higher education. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter Z, Chapter 51, Education Code, is 1-14 amended by adding Section 51.937 to read as follows: 1-15 Sec. 51.937. IMMUNITY FROM LIABILITY FOR VOLUNTEERS. (a) A 1-16 volunteer who is serving as a direct service volunteer for an 1-17 institution of higher education is immune from civil liability for 1-18 any act that: 1-19 (1) is incident to or within the scope of the duties 1-20 of the volunteer's position; and 1-21 (2) involves the exercise of judgment or discretion on 1-22 the part of the volunteer. 1-23 (b) This section does not apply to the operation, use, or 1-24 maintenance of a motor vehicle. 1-25 (c) This section does not limit the liability of a person 1-26 for intentional misconduct or gross negligence. 1-27 (d) In this section, "volunteer" means a person providing 1-28 services for or on behalf of an institution of higher education, on 1-29 the premises of the institution or at an activity related to or 1-30 sponsored by the institution on or off of the property of the 1-31 institution, who does not receive compensation in excess of 1-32 reimbursement for expenses. 1-33 SECTION 2. This Act applies only to a cause of action that 1-34 accrues on or after the effective date of this Act. A cause of 1-35 action that accrues before the effective date of this Act is 1-36 governed by the law applicable to the cause of action immediately 1-37 before the effective date of this Act, and that law is continued in 1-38 effect for that purpose. 1-39 SECTION 3. The importance of this legislation and the 1-40 crowded condition of the calendars in both houses create an 1-41 emergency and an imperative public necessity that the 1-42 constitutional rule requiring bills to be read on three several 1-43 days in each house be suspended, and this rule is hereby suspended, 1-44 and that this Act take effect and be in force from and after its 1-45 passage, and it is so enacted. 1-46 * * * * *