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AN ACT
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relating to a school district employee's immunity from liability |
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and responsibility for certain materials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.0511, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A school district may not by policy, contract, or |
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administrative directive: |
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(1) require a district employee to waive immunity from |
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liability for an act for which the employee is immune from liability |
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under this section; or |
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(2) require a district employee who acts in good faith |
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to pay for or replace property belonging to a student or other |
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person that is or was in the possession of the employee because of |
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an act that is incident to or within the scope of the duties of the |
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employee's position of employment. |
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SECTION 2. Subsection (e), Section 31.104, Education Code, |
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is amended to read as follows: |
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(e) The board of trustees of a school district may not |
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require an employee of the district who acts in good faith to pay |
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for a textbook, electronic textbook, or technological equipment |
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[instructional technology] that is damaged, stolen, misplaced, or |
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not returned [by a student]. A school district employee may not |
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waive this provision by contract or any other means, except that a |
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district may enter into a written agreement with a school employee |
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whereby the employee assumes financial responsibility for |
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electronic textbook or technological equipment usage off school |
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property or outside of a school-sponsored event in consideration |
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for the ability of the school employee to use the electronic |
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textbook or technological equipment for personal business. Such a |
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written agreement shall be separate from the employee's contract of |
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employment, if applicable, and shall clearly inform the employee of |
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the amount of the financial responsibility and advise the employee |
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to consider obtaining appropriate insurance. An employee may not |
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be required to agree to such an agreement as a condition of |
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employment. |
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SECTION 3. An assumption by a school district employee of |
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liability from which the employee is immune under Section 22.0511, |
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Education Code, or a waiver by a school district employee of the |
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employee's immunity from liability under Subsection (e), Section |
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31.104, Education Code, that is made or entered into before the |
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effective date of this Act has no effect. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ ______________________________ |
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President of the Senate Speaker of the House |
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I hereby certify that S.B. No. 370 passed the Senate on |
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March 28, 2007, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 3, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 370 passed the House, with |
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amendment, on April 25, 2007, by the following vote: Yeas 140, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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______________________________ |
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Date |
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______________________________ |
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______________________________ |
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Governor |