By Craddick                                           H.B. No. 2301
         77R2855 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of a school district for bodily injury to
 1-3     or death of a student.
 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 11.166 to read as follows:
 1-7           Sec. 11.166.  LIABILITY FOR INJURY TO STUDENT; INSURANCE. (a)
 1-8     Subject to Subsections (b) and (c), a school district is liable to
 1-9     a claimant for damages arising from the bodily injury to or death
1-10     of a person if:
1-11                 (1)  at the time of the occurrence that results in the
1-12     bodily injury or death:
1-13                       (A)  the person is a student of the district or
1-14     another school district of this state; and
1-15                       (B)  the person is:
1-16                             (i)  on property owned or otherwise under
1-17     the control of the district; and
1-18                             (ii)  under the supervision of an employee
1-19     or volunteer of the school district or participating in an activity
1-20     conducted under the authority of the district; and
1-21                 (2)  the district would, were the district a private
1-22     person, be liable to the claimant according to the law of this
1-23     state.
1-24           (b)  A school district is liable under this section only to
 2-1     the extent the school district has purchased liability insurance
 2-2     that indemnifies the  district for the district's liability under
 2-3     this section. A school district is not liable under this section to
 2-4     the extent that the damages for bodily injury or death exceed the
 2-5     limit of an insurance policy otherwise available to pay the claim
 2-6     and is not liable under this section for a claim for damages that
 2-7     are excluded from coverage or not otherwise covered under an
 2-8     insurance policy.
 2-9           (c)  A school district's immunity from liability is waived
2-10     and abolished under this section only to the extent described by
2-11     Subsection (b).
2-12           (d)  A school district may, but is not required to, purchase
2-13     insurance to provide coverage for:
2-14                 (1)  liability for damages described by Subsection (a);
2-15     and
2-16                 (2)  related costs incurred by the district, including
2-17     defense costs.
2-18           (e)  Chapter 101, Civil Practice and Remedies Code, does not
2-19     apply to a claim for which a school district is liable under this
2-20     section.
2-21           SECTION 2. This Act applies only to a cause of action for
2-22     bodily injury or death that accrues against a school district on or
2-23     after the effective date of this Act.  A cause of action that
2-24     accrues before the effective date of this Act is governed by the
2-25     law as it existed immediately before the effective date of this
2-26     Act, and that law is continued in effect for that purpose.
2-27           SECTION 3.  This Act takes effect immediately if it receives
 3-1     a vote of two-thirds of all the members elected to each house, as
 3-2     provided by Section 39, Article III, Texas Constitution.  If this
 3-3     Act does not receive the vote necessary for immediate effect, this
 3-4     Act takes effect September 1, 2001.