By Turner of Harris, et al. H.B. No. 2579
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 for use for certain school activities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 11, Education Code, is
1-6 amended by adding Section 11.166 to read as follows:
1-7 Sec. 11.166. OFF-CAMPUS SCHOOL ACTIVITIES. (a) The board
1-8 of trustees of an independent school district may adopt rules under
1-9 which a facility or other property that is not owned by the school
1-10 district may be used for parking, recreational activities, and
1-11 tutoring conducted under the authority of the school district.
1-12 (b) A person who permits the use of a facility or other
1-13 property owned or leased by the person for a school activity
1-14 described by Subsection (a) is immune from liability for damage to
1-15 or destruction of property, personal injury, or death that arises
1-16 from the use of the facility or other property for the activity.
1-17 (c) This section does not apply to a person who receives
1-18 compensation from the school district for the use of the facility
1-19 or other property, other than reimbursement for the person's actual
1-20 expenses in providing the facility or other property.
1-21 (d) This section does not apply to an act or omission of a
1-22 person who permits the use of a facility or other property for a
1-23 school activity described by Subsection (a) if the act or omission
1-24 is intentional or wilfully or wantonly negligent or if the act or
2-1 omission is done with conscious indifference or reckless disregard
2-2 for the safety of others.
2-3 SECTION 2. This Act takes effect September 1, 1999.
2-4 SECTION 3. This Act applies only to a cause of action that
2-5 accrues on or after the effective date of this Act. A cause of
2-6 action that accrues before the effective date of this Act is
2-7 governed by the law as it existed immediately before that date, and
2-8 that law is continued in effect for that purpose.
2-9 SECTION 4. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.