HBA-PDH H.B. 659 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 659
By: Coleman
Public Education
3/4/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law does not specifically authorize school districts to
keep school campuses open after school hours for recreational purposes or
tutoring.  Concerns regarding potential liability may cause some schools
not to remain open after school hours.  H.B. 659 authorizes school
districts to keep school campuses open after school hours for recreational
activities and tutoring and provides school employees and volunteers
immunity from liability, to the same extent as a school district's
professional employees or volunteers, when serving in after school programs
at public school facilities during non-school hours. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to a school district's board of trustees
in SECTION 1 (Section 11.165, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 11, Education Code, by adding
Section 11.165, as follows: 

Sec. 11.165.  ACCESS TO SCHOOL CAMPUSES.  Authorizes the board of trustees
of an independent school district to adopt rules to keep school campuses,
including school libraries, open for recreational activities and tutoring
after school hours.  Provides that a professional employee or volunteer
serving in an after school program under this section is immune from
liability to the same extent as a school district's professional employees
or volunteers. 

SECTION 2.  Makes application of this Act prospective beginning with the
1999-2000 school year. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.