82R9718 CAE-D

By: Garza H.B. No. 2415

A BILL TO BE ENTITLED

AN ACT

relating to the liability of a school district that allows the use of land and facilities that the school district owns, occupies, or leases for recreational or educational purposes.

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

SECTION 1. Chapter 75, Civil Practice and Remedies Code, is amended by adding Section 75.0022 to read as follows:

Sec. 75.0022. IMMUNITY FROM LIABILITY OF SCHOOL DISTRICT. (a) In this section, "person" includes an individual as defined by Section 71.001.

(b) A school district that, as the owner, easement owner, occupant, or lessee of land or facilities, gives permission to a person to enter the premises for recreational or educational purposes does not, by giving that permission:

(1) ensure that the premises are safe; or

(2) assume responsibility or incur liability for any bodily or other personal injury to, death of, or damage to the property of a person who enters the premises for recreational or educational purposes or accompanies another person entering the premises for recreational or educational purposes, including injury, death, or other damage arising from an act of a third party that occurs on the premises, regardless of whether the act is intentional.

(c) This section applies only if a school district does not charge a person for the use of the property or facility of the district other than a charge to reimburse the district the actual cost associated with the use by the person of the property or facility.

SECTION 2. This Act applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2011.