SRC-JJJ S.B. 975 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 975
76R11790 CAG-DBy: Armbrister
Jurisprudence
4/27/1999
Committee Report (Substituted)


DIGEST 

Due to a recent judicial decision, community colleges have become exposed
to lawsuits for issues from which they were previously immune unless the
legislature had passed a resolution granting permission to sue.  C.S.S.B.
975 would establish the sovereign immunity and liability to be sued of a
junior college.  

PURPOSE

As proposed, C.S.S.B. 975 establishes the sovereign immunity and liability
to be sued of a junior college district.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 130.084, Education Code, to make conforming
changes. 

SECTION 2.  Amends Chapter 130E, Education Code, by adding Section
130.0841, as follows: 

Sec. 130.0841.  SUITS AND IMMUNITY.   Provides that the board of trustees
of a junior college district (board) has the power to sue in the name of
the junior college district (district).  Establishes that a district and a
board are immune from suit, and may be sued, in the same manner as a
general academic teaching institution and the governing board of a general
academic institution (institution) and the governing board of an
institution, with exceptions.  Provides that this section does not
constitute consent to suit, except as provided by Subsection (d).
Authorizes a person to sue or otherwise bring a claim against a district or
board only with legislative consent, or as expressly authorized by law.
Establishes that nothing in this section affects partial exclusion of
districts from certain aspects of the Civil Practice and Remedies Code.
Defines "general academic teaching institution" and "governing board."  

SECTION 3.  Makes application of this Act prospective. 

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

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

 Amends Section 103.084, Education Code, to make a conforming change.

SECTION 2.

Amends proposed Section 130.0841, Education Code, regarding suits and
immunity for a junior college district. Adds a new heading.  Adds a new
Subsection (c), authorizing a person  to sue a junior college district or
the board only with legislative consent or as authorized by law.  Deletes
proposed Sections 130.0841(a)-(d), Education Code.  Redesignated from
proposed SECTION 1. 

SECTION 3.  

 Makes application of this Act prospective.

SECTION 4.  

 Effective date: upon passage.  Redesignated from existing SECTION 3.