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.