80R4095 JLL-D

By: Shapiro S.B. No. 370

A BILL TO BE ENTITLED

AN ACT

relating to a school district employee's immunity from liability and responsibility for certain materials.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 22.0511, Education Code, is amended by adding Subsection (d) to read as follows:

(d) A school district may not by policy, contract, or administrative directive:

(1) require a district employee to assume liability for an act for which the employee is immune from liability under this section; or

(2) require a district employee to pay for or replace property belonging to a student or other person that is or was in the possession of the employee because of an act that is incident to or within the scope of the duties of the employee's position of employment.

SECTION 2. Section 31.104(e), Education Code, is amended to read as follows:

(e) The board of trustees of a school district may not require an employee of the district to pay for a textbook, electronic textbook, or technological equipment [instructional technology] that is damaged, stolen, misplaced, or not returned [by a student]. A school district employee may not waive this provision by contract or any other means.

SECTION 3. An assumption by a school district employee of liability from which the employee is immune under Section 22.0511, Education Code, or a waiver by a school district employee of the employee's immunity from liability under Section 31.104(e), Education Code, that is made or entered into before the effective date of this Act has no effect.

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, 2007.