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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiver of sovereign immunity of a school district |
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for certain claims arising from the provision of community |
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education child care services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.051, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY |
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EXCLUDED. (a) Except as provided by this section [to motor |
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vehicles], this chapter does not apply to a school district or to a
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junior college district. |
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(b) As to motor vehicles, this chapter applies to a school |
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district or to a junior college district. |
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(c) As to a condition or use of tangible personal or real |
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property, this chapter applies to a school district with respect to |
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a claim for damages arising from the provision of after-school |
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child-care services on school district property the primary purpose |
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of which is to provide care, custody, or supervision of a child. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 3. 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, 2009. |