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.