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A BILL TO BE ENTITLED
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AN ACT
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relating to immunity from liability for public and open-enrollment |
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charter school campuses that maintain a supply of anaphylaxis |
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medicine for emergency use. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 38.0151, Education Code, |
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is amended to read as follows: |
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Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK |
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FOR ANAPHYLAXIS; MAINTENANCE OF ANAPHYLAXIS MEDICINE SUPPLY. |
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SECTION 2. Section 38.0151, Education Code, is amended by |
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adding Subsection (b-1) and amending Subsection (d) to read as |
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follows: |
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(b-1) Each school district and open-enrollment charter |
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school may maintain at each campus a supply of anaphylaxis medicine |
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that may be administered to a person on campus experiencing an |
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anaphylactic reaction. For anaphylaxis medicine to satisfy this |
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subsection, the medicine may not have an expiration date that has |
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passed. |
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(d) This section does not: |
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(1) waive any [liability or] immunity from liability |
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of a governmental entity or its officers or employees; [or] |
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(2) create any liability for or a cause of action |
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against a governmental entity or its officers or employees; or |
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(3) waive any immunity from liability under Section |
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74.151, Civil Practice and Remedies Code, including immunity from |
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liability to which a school district, open-enrollment charter |
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school, or district or school employee is entitled under that |
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section for an act associated with the administration of |
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anaphylaxis medicine to a person on campus experiencing an |
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anaphylactic reaction. |
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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, 2015. |