85R13800 CAE-F
 
  By: Parker H.B. No. 3548
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of certain immunity and liability
  laws to the nonprofit corporation established by the Texas Public
  Finance Authority to issue revenue bonds to open-enrollment charter
  schools for those schools to provide educational facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 53, Education Code, is
  amended by adding Section 53.353 to read as follows:
         Sec. 53.353.  LIMITATION ON LIABILITY OF CORPORATION. (a)
  The nonprofit corporation established by the Texas Public Finance
  Authority under Section 53.351 is a governmental unit as defined by
  Section 101.001, Civil Practice and Remedies Code, and is subject
  to liability only as provided by Chapter 101, Civil Practice and
  Remedies Code, and only in the manner that liability is provided by
  that chapter for a school district.
         (b)  A director, officer, or employee of the nonprofit
  corporation established by the Texas Public Finance Authority under
  Section 53.351 is not personally liable:
               (1)  for damage, loss, or injury resulting from the
  performance of the person's duties under Section 53.351; or
               (2)  on any commitment or agreement executed on behalf
  of the corporation under Section 53.351.
         SECTION 2.  Section 104.001, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 104.001.  STATE LIABILITY; PERSONS COVERED. In a cause
  of action based on conduct described in Section 104.002, the state
  shall indemnify the following persons, without regard to whether
  the persons performed their services for compensation, for actual
  damages, court costs, and attorney's fees adjudged against:
               (1)  an employee, a member of the governing board, or
  any other officer of a state agency, institution, or department;
               (2)  a former employee, former member of the governing
  board, or any other former officer of a state agency, institution,
  or department who was an employee or officer when the act or
  omission on which the damages are based occurred;
               (3)  a physician or psychiatrist licensed in this state
  who was performing services under a contract with any state agency,
  institution, or department or a racing official performing services
  under a contract with the Texas Racing Commission when the act or
  omission on which the damages are based occurred;
               (3-a)  a phlebotomist licensed in this state who was
  performing services under a contract with the Texas Department of
  Criminal Justice when the act or omission on which the damages are
  based occurred;
               (4)  a chaplain or spiritual advisor who was performing
  services under contract with the Texas Department of Criminal
  Justice or the Texas Juvenile Justice Department when the act or
  omission on which the damages are based occurred;
               (5)  a person serving on the governing board of a
  foundation, corporation, or association at the request and on
  behalf of an institution of higher education, as that term is
  defined by Section 61.003(8), Education Code, not including a
  public junior college;
               (6)  a state contractor who signed a waste manifest as
  required by a state contract; [or]
               (7)  the estate of a person listed in this section; or
               (8)  a person serving as a director of the nonprofit
  corporation established by the Texas Public Finance Authority under
  Section 53.351, Education Code.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.