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


Senate Research CenterC.S.S.B. 104
76R8123 CAS-DBy: Duncan
Education
3/4/1999
Committee Report (Substituted)


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.  C.S.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, C.S.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. Provides that this Act applies beginning with the 1999-2000
school year. 

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

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 11.165, Education Code, to authorize the  board of trustees
of an independent school district to adopt rules to keep school campuses
open after school hours for academic programs and recreational activities.
Deletes provision regarding  recreational activities and tutoring after
school hours.  Deletes Subsection (b) providing 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.