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.