76R17067 E
By Duncan S.B. No. 104
Substitute the following for S.B. No. 104:
By Sadler C.S.S.B. No. 104
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to keeping school campuses open after school hours for
1-3 recreational purposes, latchkey programs, and tutoring.
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 11.165 to read as follows:
1-7 Sec. 11.165. ACCESS TO SCHOOL CAMPUSES. (a) The board of
1-8 trustees of an independent school district may adopt rules to keep
1-9 school campuses, including school libraries, open for recreational
1-10 activities, latchkey programs, and tutoring after school hours.
1-11 (b) A professional employee or volunteer who has undergone a
1-12 background screening process and is serving in a program authorized
1-13 by a school district for which a school campus is kept open under
1-14 this section is immune from liability to the same extent as the
1-15 school district's professional employees or volunteers, as
1-16 applicable.
1-17 SECTION 2. Section 101.0215(a), Civil Practice and Remedies
1-18 Code, is amended to read as follows:
1-19 (a) A municipality is liable under this chapter for damages
1-20 arising from its governmental functions, which are those functions
1-21 that are enjoined on a municipality by law and are given it by the
1-22 state as part of the state's sovereignty, to be exercised by the
1-23 municipality in the interest of the general public, including but
2-1 not limited to:
2-2 (1) police and fire protection and control;
2-3 (2) health and sanitation services;
2-4 (3) street construction and design;
2-5 (4) bridge construction and maintenance and street
2-6 maintenance;
2-7 (5) cemeteries and cemetery care;
2-8 (6) garbage and solid waste removal, collection, and
2-9 disposal;
2-10 (7) establishment and maintenance of jails;
2-11 (8) hospitals;
2-12 (9) sanitary and storm sewers;
2-13 (10) airports;
2-14 (11) waterworks;
2-15 (12) repair garages;
2-16 (13) parks and zoos;
2-17 (14) museums;
2-18 (15) libraries and library maintenance;
2-19 (16) civic, convention centers, or coliseums;
2-20 (17) community, neighborhood, or senior citizen
2-21 centers;
2-22 (18) operation of emergency ambulance service;
2-23 (19) dams and reservoirs;
2-24 (20) warning signals;
2-25 (21) regulation of traffic;
2-26 (22) transportation systems;
2-27 (23) recreational facilities, including but not
3-1 limited to swimming pools, beaches, and marinas;
3-2 (24) vehicle and motor driven equipment maintenance;
3-3 (25) parking facilities;
3-4 (26) tax collection;
3-5 (27) firework displays;
3-6 (28) building codes and inspection;
3-7 (29) zoning, planning, and plat approval;
3-8 (30) engineering functions;
3-9 (31) maintenance of traffic signals, signs, and
3-10 hazards;
3-11 (32) water and sewer service;
3-12 (33) animal control; [and]
3-13 (34) community development or urban renewal activities
3-14 undertaken by municipalities and authorized under Chapters 373 and
3-15 374, Local Government Code; and
3-16 (35) latchkey programs conducted exclusively on a
3-17 school campus under an interlocal agreement with the school
3-18 district in which the school campus is located.
3-19 SECTION 3. This Act applies beginning with the 1999-2000
3-20 school year.
3-21 SECTION 4. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.