By Turner of Harris                                   H.B. No. 1737
         76R5803 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of certain persons providing facilities
 1-3     or other property to the Communities in Schools program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 305, Labor Code, is amended
 1-6     by adding Section 305.014 to read as follows:
 1-7           Sec. 305.014.  USE OF PROPERTY; IMMUNITY FROM LIABILITY.  (a)
 1-8     A person who permits the Communities in Schools program to use, for
 1-9     activities administered under the program, a facility or other
1-10     property owned or leased by the person is immune from liability for
1-11     damage to or destruction of property, personal injury, or death
1-12     that arises from the use of the facility or other property by the
1-13     program.
1-14           (b)  This section does not apply to a person who receives
1-15     compensation under the Communities in Schools program for the use
1-16     of the facility or other property, other than reimbursement for the
1-17     person's actual expenses in providing the facility or other
1-18     property.
1-19           (c)  This section does not apply to an act or omission of a
1-20     person who permits the Communities in Schools program to use a
1-21     facility or other property if the act or omission is intentional or
1-22     wilfully or wantonly negligent or if the act or omission is done
1-23     with conscious indifference or reckless disregard for the safety of
1-24     others.
 2-1           SECTION 2.  This Act takes effect September 1, 1999.
 2-2           SECTION 3.  This Act applies only to a cause of action that
 2-3     accrues on or after the effective date of this Act. A cause of
 2-4     action that accrues before the effective date of this Act is
 2-5     governed by the law as it existed immediately before that date, and
 2-6     that law is continued in effect for that purpose.
 2-7           SECTION 4.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended.