77R10102 DLF-D                           
         By Craddick                                           H.B. No. 2301
         Substitute the following for H.B. No. 2301:
         By Clark                                          C.S.H.B. No. 2301
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain insurance coverage for school districts.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 33.085, Education Code, is amended to read
 1-5     as follows:
 1-6           Sec. 33.085.  INSURANCE FOR CERTAIN SCHOOL ACTIVITIES
 1-7     [ATHLETES]. (a)  In compliance with this section, the board of
 1-8     trustees of a school district may obtain insurance against bodily
 1-9     injuries sustained by students while training for or engaging in
1-10     interschool athletic competition or while engaging in
1-11     school-sponsored activities on a school campus.
1-12           (b)  The amount of insurance to be obtained must be in
1-13     keeping with the financial condition of the school district and may
1-14     not exceed the amount that, in the opinion of the board of
1-15     trustees, is reasonably necessary to afford adequate medical
1-16     treatment of injured students.
1-17           (c)  The insurance authorized by this section must be
1-18     obtained from a reliable insurance company authorized to do
1-19     business in this state and must be on forms approved by the
1-20     commissioner of insurance.
1-21           (d)  The cost of the insurance is a legitimate part of the
1-22     total cost of operating [the athletic program of] the school
1-23     district.
1-24           (e)  The failure of any board of trustees to carry the
 2-1     insurance authorized by this section may not be construed as
 2-2     placing any legal liability on the school district or its officers,
 2-3     agents, or employees for any injury that results.
 2-4           SECTION 2. This Act takes effect September 1, 2001, and
 2-5     applies only to a policy of insurance delivered, issued for
 2-6     delivery, or renewed on or after that date. A policy of insurance
 2-7     delivered, issued for delivery, or renewed before that date is
 2-8     governed by the law as it existed immediately before the effective
 2-9     date of this Act, and that law is continued in effect for that
2-10     purpose.