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.