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.

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