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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of certain laws to open-enrollment |
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charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.1056, Education Code, is amended to |
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read as follows: |
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Sec. 12.1056. IMMUNITY [FROM LIABILITY]. (a) In matters |
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related to operation of an open-enrollment charter school, an |
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open-enrollment charter school is immune [from liability] to the |
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same extent as a school district, and its employees and volunteers |
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are immune [from liability] to the same extent as school district |
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employees and volunteers. A member of the governing body of an |
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open-enrollment charter school or of a charter holder is immune |
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[from liability] to the same extent as a school district trustee. |
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(b) An open-enrollment charter school is a governmental |
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unit for purposes of Chapter 101, Civil Practice and Remedies Code, |
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and is subject to liability only as provided by that chapter and |
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only in the manner that liability is provided by that chapter for a |
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school district. |
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(c) An open-enrollment charter school is a local government |
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for purposes of Chapter 102, Civil Practice and Remedies Code, and a |
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payment on a tort claim must comply with that chapter. |
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(d) An open-enrollment charter school is a local |
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governmental entity for purposes of Subchapter I, Chapter 271, |
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Local Government Code, and is subject to liability on a contract as |
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provided by that subchapter and only in the manner that liability is |
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provided by that subchapter for a school district. |
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SECTION 2. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Section 12.1058 to read as follows: |
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Sec. 12.1058. APPLICABILITY OF OTHER LAWS. (a) An |
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open-enrollment charter school is considered to be: |
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(1) a local government for purposes of Chapter 791, |
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Government Code; |
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(2) a local government for purposes of Chapter 2259, |
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Government Code, except that an open-enrollment charter school may |
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not issue public securities as provided by Section 2259.031(b), |
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Government Code; and |
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(3) a political subdivision for purposes of Chapter |
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172, Local Government Code. |
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(b) An open-enrollment charter school may elect to extend |
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workers' compensation benefits to employees of the school through |
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any method available to a political subdivision under Chapter 504, |
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Labor Code, except that an open-enrollment charter school that |
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self-insures either individually or collectively under Chapter |
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504, Labor Code, may not provide workers' compensation medical |
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benefits to injured employees in the manner described by Section |
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504.053(b)(2), Labor Code. An open-enrollment charter school that |
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elects to extend workers' compensation benefits as permitted under |
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this subsection is considered to be a political subdivision for all |
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purposes under Chapter 504, Labor Code. An open-enrollment charter |
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school that self-insures either individually or collectively under |
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Chapter 504, Labor Code, is considered to be an insurance carrier |
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for purposes of Subtitle A, Title 5, Labor Code. |
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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, 2013. |