By: Armbrister S.B. No. 975
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the sovereign immunity and liability to be sued of a
1-2 junior college district.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 130.084, Education Code, is amended to
1-5 read as follows:
1-6 Sec. 130.084. POWERS AND DUTIES. Except as provided by
1-7 Section 130.0841, the [The] board of trustees of junior college
1-8 districts shall be governed in the establishment, management and
1-9 control of the junior college by the general law governing the
1-10 establishment, management and control of independent school
1-11 districts insofar as the general law is applicable.
1-12 SECTION 2. Subchapter E, Chapter 130, Education Code, is
1-13 amended by adding Section 130.0841 to read as follows:
1-14 Sec. 130.0841. SUITS AND IMMUNITY. (a) The board of
1-15 trustees of a junior college district has the power to sue in the
1-16 name of the junior college district.
1-17 (b) Except as otherwise provided by this section, a junior
1-18 college district and the board of trustees of a junior college
1-19 district are immune from suit, and may be sued, in the same manner
1-20 as a general academic teaching institution and the governing board
1-21 of a general academic teaching institution.
1-22 (c) Except as provided by Subsection (d), this section does
1-23 not constitute consent to suit. A person may sue or otherwise
1-24 bring a claim against a junior college district or the board of
2-1 trustees of a junior college only with legislative consent under
2-2 Chapter 107, Civil Practice and Remedies Code, or as otherwise
2-3 expressly authorized by law.
2-4 (d) Nothing in this section affects the partial exclusion of
2-5 junior college districts from Chapter 101, Civil Practice and
2-6 Remedies Code, as described in Section 101.051, Civil Practice and
2-7 Remedies Code.
2-8 (e) In this section, "general academic teaching institution"
2-9 and "governing board" have the meanings assigned by Section 61.003.
2-10 SECTION 3. This Act applies only to a suit filed against a
2-11 junior college district or the governing body of a junior college
2-12 district on or after the effective date of this Act.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.