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