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By: Shapiro |
S.B. No. 370 |
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(In the Senate - Filed January 30, 2007; February 21, 2007, |
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read first time and referred to Committee on Education; |
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February 28, 2007, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 7, Nays 0; February 28, 2007, |
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sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 370 |
By: Shapiro |
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A BILL TO BE ENTITLED
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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 assume liability |
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for an act for which the employee is immune from liability under |
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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. |
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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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