Office of House Bill AnalysisH.B. 2579
By:Turner, Sylvester
Civil Practices


Off-campus after-school activities aim to create resources for all
children.  These after-school programs rely on free and voluntary community
facilities.  However, people in the community willing to lend their
facilities to off-campus after-school activities are hesitant to do so
because of possible liability for an injury or death of a child that may
occur while on the property owner's property or facility.  H.B. 2579
removes any liability of certain persons providing facilities or other
property to off-campus after-school activities, with exceptions for the
person who receives compensation for use of the facility, and for a person
who willfully and wantonly puts those using the facility in danger. 


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


SECTION 1.  Amends Subchapter D, Chapter 11, Education Code, by adding
Section 11.166, as follows: 

Sec. 11.166.  OFF-CAMPUS AFTER-SCHOOL ACTIVITIES.  (a) Authorizes the board
of trustees of an independent school district to adopt rules under which a
facility or other property that is not owned by the school district may be
used for recreational activities and tutoring conducted under the authority
of the school district after school hours. 

(b) Provides that a person who permits the use of a facility or other
property owned or leased by the person for an after-school activity
described by Subsection (a) is immune from liability for damage to or
destruction of property, personal injury, or death that arises from the use
of facility or other property for the activity. 

(c) Exempts a person who receives compensation from the school district for
the use of the facility or other property, other than reimbursement for the
person's actual expenses in providing the facility or other property. 

(d) Exempts an act or omission of a person who permits the use of a
facility or other property for an after-school activity described by
Subsection (a) if the act or omission is intentional or wilfully or wantoly
negligent or if the act or omission is done with conscious indifference or
reckless disregard for the safety of others. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.