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.