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.