By: Shapiro  S.B. No. 370
         (In the Senate - Filed January 30, 2007; February 21, 2007,
  read first time and referred to Committee on Education;
  February 28, 2007, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; February 28, 2007,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 370 By:  Shapiro
 
 
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 who acts in good faith
  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.  Subsection (e), Section 31.104, 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 who acts in good faith 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 Subsection (e), Section
  31.104, 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.
 
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