By:  Staples                                                      S.B. No. 1320
	(In the Senate - Filed March 10, 2005; March 21, 2005, read 
first time and referred to Committee on State Affairs; 
April 7, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 8, Nays 0; April 7, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1320                                   By:  Williams


A BILL TO BE ENTITLED

AN ACT


relating to the sovereign immunity and liability to be sued of a 
junior college district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 130.084, Education Code, is amended to 
read as follows:  
	Sec. 130.084.  POWERS AND DUTIES.  Except as provided by 
Section 130.0841, the [The] board of trustees of junior college 
districts shall be governed in the establishment, management and 
control of the junior college by the general law governing the 
establishment, management and control of independent school 
districts insofar as the general law is applicable.
	SECTION 2.  Subchapter E, Chapter 130, Education Code, is 
amended by adding Section 130.0841 to read as follows:
	Sec. 130.0841.  SUITS AND IMMUNITY.  (a)  The board of 
trustees of a junior college district has the power to sue in the 
name of the junior college district.
	(b)  Except as otherwise provided by this section, a junior 
college district and the board of trustees of a junior college 
district are immune from suit in the same manner as an institution 
of higher education and may be sued in the same manner as an 
institution of higher education.
	(c)  Except as provided by Subsection (d), this section does 
not constitute consent to suit.  A person may sue or otherwise bring 
a claim against a junior college district or the board of trustees 
of a junior college only with legislative consent under Chapter 
107, Civil Practice and Remedies Code, or as otherwise expressly 
authorized by law.
	(d)  This section does not affect the partial exclusion of 
junior college districts from Chapter 101, Civil Practice and 
Remedies Code, as described in Section 101.051, Civil Practice and 
Remedies Code.
	(e)  In this section, "institution of higher education" has 
the meaning assigned by Section 61.003.
	SECTION 3.  This Act applies only to a suit filed against a 
junior college district or the governing body of a junior college 
district on or after the effective date of this Act.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.



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