1-1 By: Craddick (Senate Sponsor - Fraser) H.B. No. 2301
1-2 (In the Senate - Received from the House May 2, 2001;
1-3 May 3, 2001, read first time and referred to Committee on
1-4 Education; May 10, 2001, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 10, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain insurance coverage for school districts.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 33.085, Education Code, is amended to read
1-11 as follows:
1-12 Sec. 33.085. INSURANCE FOR CERTAIN SCHOOL ACTIVITIES
1-13 [ATHLETES]. (a) In compliance with this section, the board of
1-14 trustees of a school district may obtain insurance against bodily
1-15 injuries sustained by students while training for or engaging in
1-16 interschool athletic competition or while engaging in
1-17 school-sponsored activities on a school campus.
1-18 (b) The amount of insurance to be obtained must be in
1-19 keeping with the financial condition of the school district and may
1-20 not exceed the amount that, in the opinion of the board of
1-21 trustees, is reasonably necessary to afford adequate medical
1-22 treatment of injured students.
1-23 (c) The insurance authorized by this section must be
1-24 obtained from a reliable insurance company authorized to do
1-25 business in this state and must be on forms approved by the
1-26 commissioner of insurance.
1-27 (d) The cost of the insurance is a legitimate part of the
1-28 total cost of operating [the athletic program of] the school
1-29 district.
1-30 (e) The failure of any board of trustees to carry the
1-31 insurance authorized by this section may not be construed as
1-32 placing any legal liability on the school district or its officers,
1-33 agents, or employees for any injury that results.
1-34 SECTION 2. This Act takes effect September 1, 2001, and
1-35 applies only to a policy of insurance delivered, issued for
1-36 delivery, or renewed on or after that date. A policy of insurance
1-37 delivered, issued for delivery, or renewed before that date is
1-38 governed by the law as it existed immediately before the effective
1-39 date of this Act, and that law is continued in effect for that
1-40 purpose.
1-41 * * * * *