HBA-NIK H.B. 2579 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2579
By: Turner, Sylvester
Civil Practices
4/20/1999
Committee Report (Amended)

BACKGROUND AND PURPOSE 

Off-campus after-school activities rely on free and voluntary community
facilities.  However, people in the community who are otherwise 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 for certain persons providing facilities or other
property to off-campus after-school activities, with exceptions for a
person who receives compensation for use of the facility, and for a person
who willfully and wantonly puts those using the facility in danger. 

RULEMAKING AUTHORITY

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 BY SECTION ANALYSIS

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.

EXPLANATION OF AMENDMENTS

Amendment #1

SECTION 1. Amends Section 11.166, Education Code, to provide a new title,
"Off-Campus School  Activities."  Deletes the word "after" from the title.
Includes parking among the authorized uses for a facility or other property
that is not owned by the school district.  Deletes the term "after school
hours." Makes conforming changes.