By Duncan S.B. No. 735
77R3887 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to immunity from civil liability of certain persons
1-3 serving in school district after school programs or as agents of
1-4 the commissioner of education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 22.053, Education Code, is amended to read
1-7 as follows:
1-8 Sec. 22.053. Immunity From Liability for School District
1-9 Volunteers And Employees of and Volunteers for Certain Nonprofit
1-10 Organizations. (a) A volunteer who is serving as a direct service
1-11 volunteer of a school district is immune from civil liability to
1-12 the same extent as a professional employee of a school district
1-13 under Section 22.051.
1-14 (b) An employee of a nonprofit organization that provides a
1-15 before or after school child-care program under an agreement with a
1-16 school district or open-enrollment charter school or a volunteer
1-17 who is serving in that program is immune from civil liability to
1-18 the same extent as an employee of a school district under Section
1-19 22.051.
1-20 (c) In this section, "volunteer" means a person providing
1-21 services for or on behalf of a school district or for or on behalf
1-22 of a nonprofit organization that provides a before or after school
1-23 child-care program as provided by Subsection (b), on the premises
1-24 of the district or at a school-sponsored or school-related activity
2-1 on or off school property, who does not receive compensation in
2-2 excess of reimbursement for expenses.
2-3 (d) [(c)] This section does not limit the liability of a
2-4 person for intentional misconduct or gross negligence.
2-5 SECTION 2. Chapter 39, Education Code, is amended by adding
2-6 Subchapter A to read as follows:
2-7 SUBCHAPTER A. GENERAL PROVISIONS
2-8 Sec. 39.001. IMMUNITY FROM LIABILITY FOR AGENTS OF THE
2-9 COMMISSIONER. (a) An employee of the agency, volunteer, or
2-10 contractor who acts on behalf of the commissioner under this
2-11 chapter is immune from civil liability to the same extent as an
2-12 employee of a school district under Section 22.051.
2-13 (b) In this section, "volunteer" means a person providing
2-14 services on behalf of the commissioner, on the premises of a school
2-15 district or at a school-sponsored or school-related activity on or
2-16 off school property, who does not receive compensation in excess of
2-17 reimbursement for expenses.
2-18 (c) This section does not limit the liability of a person
2-19 for intentional misconduct or gross negligence.
2-20 SECTION 3. (a) This Act applies beginning with the
2-21 2001-2002 school year.
2-22 (b) Section 22.053, Education Code, as amended by this Act,
2-23 and Section 39.001, Education Code, as added by this Act, apply
2-24 only to an action occurring on or after the effective date of this
2-25 Act. An action occurring before the effective date of this Act is
2-26 governed by the law in effect on the date the action occurred, and
2-27 that law is continued in effect for that purpose.
3-1 SECTION 4. This Act takes effect immediately if it receives
3-2 a vote of two-thirds of all the members elected to each house, as
3-3 provided by Section 39, Article III, Texas Constitution. If this
3-4 Act does not receive the vote necessary for immediate effect, this
3-5 Act takes effect September 1, 2001.