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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the purchase of certain insurance coverage |
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by public schools for the benefit of businesses and students |
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participating in career and technology programs and providing for |
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immunity from liability of certain public school students |
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participating in career and technology programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 29, Education Code, is |
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amended by adding Sections 29.191 and 29.192 to read as follows: |
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Sec. 29.191. ACCIDENT, LIABILITY, AND AUTOMOBILE INSURANCE |
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COVERAGE. (a) The board of trustees of a school district or the |
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governing body of an open-enrollment charter school may obtain |
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accident, liability, or automobile insurance coverage to protect: |
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(1) a business or entity that participates with the |
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district or school to provide district or school students a career |
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and technology program; and |
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(2) a district or school student who participates in a |
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district or school career and technology program. |
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(b) The coverage authorized by this section must be: |
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(1) obtained from a reliable insurer authorized to |
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engage in business in this state; or |
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(2) for a district, provided through the district's |
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self-funded risk pool. |
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(c) The amount of coverage a district or school obtains: |
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(1) must be reasonable considering the financial |
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condition of the district or school; and |
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(2) may not exceed the amount that is reasonably |
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necessary in the opinion of, as applicable, the board of trustees of |
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the district or the governing body of the school. |
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(d) If the board of trustees of a district or the governing |
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body of a school obtains accident, liability, or automobile |
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insurance coverage under this section, an administrator designated |
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by the board of trustees of the district or governing body of the |
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school, as applicable, shall notify the parent or guardian of each |
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student participating in the career and technology program. |
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(e) A district or school may not directly or indirectly |
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charge a student or the student's parent or guardian for the cost of |
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providing to the student insurance under this section. |
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(f) The failure of any board of trustees of a district or the |
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governing body of a school to obtain coverage authorized by this |
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section or to obtain a specific amount of coverage under this |
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section may not be construed as placing any legal liability on, as |
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applicable, the district or the district's officers, agents, or |
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employees or the school or the school's officers, agents, or |
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employees. |
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Sec. 29.192. IMMUNITY FROM LIABILITY. A student who |
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participates in a career and technology program approved by a |
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school district or an open-enrollment charter school is entitled to |
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immunity in the same manner provided under Section 22.053 as a |
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volunteer who is serving as a direct service volunteer of a district |
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or school. |
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SECTION 2. Section 29.187(f), Education Code, is repealed. |
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SECTION 3. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 4. 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, 2017. |