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                                  * * * * *