SRC-ARR S.B. 104 76(R)BILL ANALYSIS


Senate Research CenterS.B. 104
By: Duncan
Education
8/9/1999
Enrolled


DIGEST 

Currently, Texas law does not specifically authorize school districts to
keep school campuses open after hours for recreational purposes, latchkey
programs, and tutoring.  Concerns regarding a school's potential liability
is one cause for some schools not remaining open after regular hours.  S.B.
104 provides school officials and volunteers immunity from liability when
volunteering at public school facilities during non-school hours. Local
school districts could still control which schools would remain open, the
staffing requirements at the schools, and the available extracurricular and
educational opportunities. 

PURPOSE

As enrolled, S.B. 104 authorizes school districts to keep school campuses
open after school hours for academic and recreational purposes.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the board of trustees of an independent
school district in SECTION 1 (Sec. 11.165, Education Code) in this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 11D, 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 libraries, open after school hours for academic programs and
recreational activities. 

SECTION 2. Amends Section 101.0215, Civil Practice and Remedies Code, to
provide that a municipality is liable under this chapter for certain
damages arising from its governmental functions including latchkey programs
conducted exclusively on a school campus under an interlocal agreement with
the school district in which the school campus is located. 

SECTION 3. Provides that this Act applies beginning with the 1999-2000
school year. 

SECTION 4. Emergency clause.
           Effective date: upon passage.