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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 immunity and liability |
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laws to open-enrollment 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 or charter holder is immune [from
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liability] to the same extent as a school district, and the [its] |
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employees and volunteers of the open-enrollment charter school or |
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charter holder are immune [from liability] to the same extent as |
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school district employees and volunteers. A member of the |
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governing body of an open-enrollment charter school or of a charter |
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holder is immune [from liability] to the same extent as a school |
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district trustee. |
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(b) An open-enrollment charter school is a governmental |
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unit as defined by Section 101.001, Civil Practice and Remedies |
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Code, and is subject to liability only as provided by Chapter 101, |
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Civil Practice and Remedies Code, and only in the manner that |
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liability is provided by that chapter for a school district. |
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(c) An open-enrollment charter school is a local government |
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as defined by Section 102.001, Civil Practice and Remedies Code, |
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and a payment on a tort claim must comply with Chapter 102, Civil |
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Practice and Remedies Code. |
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(d) An open-enrollment charter school is a local |
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governmental entity as defined by Section 271.151, Local Government |
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Code, and is subject to liability on a contract as provided by |
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Subchapter I, Chapter 271, Local Government Code, and only in the |
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manner that liability is provided by that subchapter for a school |
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district. |
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SECTION 2. 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, 2015. |