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


Senate Research Center   S.B. 104
76R1745 CAS-DBy: Duncan
Education
2/22/1999
As Filed


DIGEST 

Currently, Texas law does not specifically authorize school districts to
keep school campuses open after hours for recreational purposes 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 proposed, S.B. 104 authorizes school districts to keep school campuses
open after school hours for recreational purposes and tutoring.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the board of trustees of an independent
school district in SECTION 1(Sec. 11.165(a), 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
open for recreational activities and tutoring after school hours.  Provides
that a professional employee or volunteer serving in a program for which a
school campus is kept open is immune from liability to the same extent as a
school district's professional employees or volunteers, as applicable. 

SECTION 2. Provides that this Act applies begining with 1999-2000 school
year. 

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