81R22566 CAE-D
 
  By: Hancock H.B. No. 3220
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of certain laws to open-enrollment
  charter schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.1056, Education Code, is amended to
  read as follows:
         Sec. 12.1056.  IMMUNITY FROM LIABILITY. (a) In matters
  related to operation of an open-enrollment charter school, an
  open-enrollment charter school is immune from liability to the same
  extent as a school district, and its employees and volunteers are
  immune from liability to the same extent as school district
  employees and volunteers. A member of the governing body of an
  open-enrollment charter school or of a charter holder is immune
  from liability to the same extent as a school district trustee.
         (b)  An open-enrollment charter school is a governmental
  unit as defined by Section 101.001, Civil Practice and Remedies
  Code, and is subject to liability only as provided by Chapter 101,
  Civil Practice and Remedies Code, and only in the manner that
  liability is provided by that chapter for a school district.
         (c)  An open-enrollment charter school is a local government
  as defined by Section 102.001, Civil Practice and Remedies Code,
  and a payment on a tort claim must comply with Chapter 102, Civil
  Practice and Remedies Code.
         SECTION 2.  Subchapter D, Chapter 12, Education Code, is
  amended by adding Section 12.1058 to read as follows:
         Sec. 12.1058.  APPLICABILITY OF OTHER LAWS. (a)  An
  open-enrollment charter school is considered to be:
               (1)  a local government for purposes of Chapter 791,
  Government Code;
               (2)  a local government for purposes of Chapter 2259,
  Government Code, except that an open-enrollment charter school may
  not issue public securities as provided by Section 2259.031(b),
  Government Code; and
               (3)  a political subdivision for purposes of Chapter
  172, Local Government Code.
         (b)  An open-enrollment charter school may elect to extend
  workers' compensation benefits to employees of the school through
  any method available to a political subdivision under Chapter 504,
  Labor Code.  An open-enrollment charter school that elects to
  extend workers' compensation benefits as permitted under this
  section is considered to be a political subdivision for all
  purposes under Chapter 504, Labor Code.
         SECTION 3.  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, 2009.