AN ACT
 1-1     relating to keeping school campuses open after school hours for
 1-2     recreational purposes, latchkey programs, and tutoring.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter D, Chapter 11, Education Code, is
 1-5     amended by adding Section 11.165 to read as follows:
 1-6           Sec. 11.165.  ACCESS TO SCHOOL CAMPUSES.  The board of
 1-7     trustees of an independent school district may adopt rules to keep
 1-8     school campuses, including school libraries, open for recreational
 1-9     activities, latchkey programs, and tutoring after school hours.
1-10           SECTION 2.  Subsection (a), Section 101.0215, Civil Practice
1-11     and Remedies Code, is amended to read as follows:
1-12           (a)  A municipality is liable under this chapter for damages
1-13     arising from its governmental functions, which are those functions
1-14     that are enjoined on a municipality by law and are given it by the
1-15     state as part of the state's sovereignty, to be exercised by the
1-16     municipality in the interest of the general public, including but
1-17     not limited to:
1-18                 (1)  police and fire protection and control;
1-19                 (2)  health and sanitation services;
1-20                 (3)  street construction and design;
1-21                 (4)  bridge construction and maintenance and street
1-22     maintenance;
1-23                 (5)  cemeteries and cemetery care;
1-24                 (6)  garbage and solid waste removal, collection, and
 2-1     disposal;
 2-2                 (7)  establishment and maintenance of jails;
 2-3                 (8)  hospitals;
 2-4                 (9)  sanitary and storm sewers;
 2-5                 (10)  airports;
 2-6                 (11)  waterworks;
 2-7                 (12)  repair garages;
 2-8                 (13)  parks and zoos;
 2-9                 (14)  museums;
2-10                 (15)  libraries and library maintenance;
2-11                 (16)  civic, convention centers, or coliseums;
2-12                 (17)  community, neighborhood, or senior citizen
2-13     centers;
2-14                 (18)  operation of emergency ambulance service;
2-15                 (19)  dams and reservoirs;
2-16                 (20)  warning signals;
2-17                 (21)  regulation of traffic;
2-18                 (22)  transportation systems;
2-19                 (23)  recreational facilities, including but not
2-20     limited to swimming pools, beaches, and marinas;
2-21                 (24)  vehicle and motor driven equipment maintenance;
2-22                 (25)  parking facilities;
2-23                 (26)  tax collection;
2-24                 (27)  firework displays;
2-25                 (28)  building codes and inspection;
2-26                 (29)  zoning, planning, and plat approval;
 3-1                 (30)  engineering functions;
 3-2                 (31)  maintenance of traffic signals, signs, and
 3-3     hazards;
 3-4                 (32)  water and sewer service;
 3-5                 (33)  animal control; [and]
 3-6                 (34)  community development or urban renewal activities
 3-7     undertaken by municipalities and authorized under Chapters 373 and
 3-8     374, Local Government Code; and
 3-9                 (35)  latchkey programs conducted exclusively on a
3-10     school campus under an interlocal agreement with the school
3-11     district in which the school campus is located.
3-12           SECTION 3.  This Act applies beginning with the 1999-2000
3-13     school year.
3-14           SECTION 4.  The importance of this legislation and the
3-15     crowded condition of the calendars in both houses create an
3-16     emergency and an imperative public necessity that the
3-17     constitutional rule requiring bills to be read on three several
3-18     days in each house be suspended, and this rule is hereby suspended,
3-19     and that this Act take effect and be in force from and after its
3-20     passage, and it is so enacted.
                                                                S.B. No. 104
         ________________________________   ________________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 104 passed the Senate on
         March 18, 1999, by the following vote:  Yeas 31, Nays 0;
         May 27, 1999, Senate refused to concur in House amendment and
         requested appointment of Conference Committee; May 28, 1999, House
         granted request of the Senate; May 30, 1999, Senate adopted
         Conference Committee Report by the following vote:  Yeas 30,
         Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 104 passed the House, with
         amendment, on May 26, 1999, by the following vote:  Yeas 144,
         Nays 0, two present not voting; May 28, 1999, House granted request
         of the Senate for appointment of Conference Committee;
         May 30, 1999, House adopted Conference Committee Report by the
         following vote:  Yeas 145, Nays 0, one present not voting.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         ________________________________
                      Date
         ________________________________
                    Governor