By Turner of Harris H.B. No. 2579 76R8639 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 for use for certain after-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 AFTER-SCHOOL ACTIVITIES. (a) The 1-8 board of trustees of an independent school district may adopt rules 1-9 under which a facility or other property that is not owned by the 1-10 school district may be used for recreational activities and 1-11 tutoring conducted under the authority of the school district after 1-12 school hours. 1-13 (b) A person who permits the use of a facility or other 1-14 property owned or leased by the person for an after-school activity 1-15 described by Subsection (a) is immune from liability for damage to 1-16 or destruction of property, personal injury, or death that arises 1-17 from the use of the facility or other property for the activity. 1-18 (c) This section does not apply to a person who receives 1-19 compensation from the school district for the use of the facility 1-20 or other property, other than reimbursement for the person's actual 1-21 expenses in providing the facility or other property. 1-22 (d) This section does not apply to an act or omission of a 1-23 person who permits the use of a facility or other property for an 1-24 after-school activity described by Subsection (a) if the act or 2-1 omission is intentional or wilfully or wantonly negligent or if the 2-2 act or omission is done with conscious indifference or reckless 2-3 disregard for the safety of others. 2-4 SECTION 2. This Act takes effect September 1, 1999. 2-5 SECTION 3. This Act applies only to a cause of action that 2-6 accrues on or after the effective date of this Act. A cause of 2-7 action that accrues before the effective date of this Act is 2-8 governed by the law as it existed immediately before that date, and 2-9 that law is continued in effect for that purpose. 2-10 SECTION 4. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended. 2-15 COMMITTEE AMENDMENT NO. 1 2-16 Amend H.B. 2579, Sec. 11.166 by the following: 2-17 (1) On line 7 after the words "OFF-CAMPUS" delete the word 2-18 "AFTER-" 2-19 (2) On line 10 after the words "may be used for" insert the 2-20 word "parking," and on lines 11 and 12 strike the words "after 2-21 school hours" 2-22 (3) On line 14 after the words "by the person for" strike 2-23 the word "an after-" and insert the word "a" 2-24 (4) On lines 23 and 24 after the words "other property for" 2-25 strike "an after-" and insert the word "a" and renumber bill 2-26 accordingly. 2-27 Hope