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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 the nonprofit corporation established by the Texas Public |
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Finance Authority to issue revenue bonds to open-enrollment charter |
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schools for those schools to provide educational facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 53, Education Code, is |
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amended by adding Section 53.353 to read as follows: |
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Sec. 53.353. LIMITATION ON LIABILITY OF CORPORATION. (a) |
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The nonprofit corporation established by the Texas Public Finance |
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Authority under Section 53.351 is a governmental unit as defined by |
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Section 101.001, Civil Practice and Remedies Code, and is subject |
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to liability only as provided by Chapter 101, Civil Practice and |
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Remedies Code, and only in the manner that liability is provided by |
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that chapter for a school district. |
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(b) A director, officer, or employee of the nonprofit |
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corporation established by the Texas Public Finance Authority under |
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Section 53.351 is not personally liable: |
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(1) for damage, loss, or injury resulting from the |
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performance of the person's duties under Section 53.351; or |
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(2) on any commitment or agreement executed on behalf |
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of the corporation under Section 53.351. |
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SECTION 2. Section 104.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause |
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of action based on conduct described in Section 104.002, the state |
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shall indemnify the following persons, without regard to whether |
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the persons performed their services for compensation, for actual |
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damages, court costs, and attorney's fees adjudged against: |
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(1) an employee, a member of the governing board, or |
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any other officer of a state agency, institution, or department; |
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(2) a former employee, former member of the governing |
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board, or any other former officer of a state agency, institution, |
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or department who was an employee or officer when the act or |
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omission on which the damages are based occurred; |
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(3) a physician or psychiatrist licensed in this state |
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who was performing services under a contract with any state agency, |
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institution, or department or a racing official performing services |
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under a contract with the Texas Racing Commission when the act or |
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omission on which the damages are based occurred; |
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(3-a) a phlebotomist licensed in this state who was |
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performing services under a contract with the Texas Department of |
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Criminal Justice when the act or omission on which the damages are |
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based occurred; |
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(4) a chaplain or spiritual advisor who was performing |
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services under contract with the Texas Department of Criminal |
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Justice or the Texas Juvenile Justice Department when the act or |
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omission on which the damages are based occurred; |
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(5) a person serving on the governing board of a |
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foundation, corporation, or association at the request and on |
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behalf of an institution of higher education, as that term is |
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defined by Section 61.003(8), Education Code, not including a |
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public junior college; |
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(6) a state contractor who signed a waste manifest as |
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required by a state contract; [or] |
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(7) the estate of a person listed in this section; or |
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(8) a person serving as a director of the nonprofit |
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corporation established by the Texas Public Finance Authority under |
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Section 53.351, Education 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, 2017. |