HBA-NLM, MPM C.S.S.B. 104 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 104 By: Duncan Public Education 5/20/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current laws do not specifically authorize school districts to keep school campuses open after hours for recreational purposes and tutoring. C.S.S.B. 104 authorizes the board of trustees of an independent school district to adopt rules to keep school campuses, including school libraries, open for recreational activities, latchkey programs, and tutoring after school hours. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate rulemaking authority to a state office, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 11, Education Code, by adding Section 11.165, as follows: Sec. 11.165. ACCESS TO SCHOOL CAMPUSES. (a) Authorizes the board of trustees of an independent school district to adopt rules to keep school campuses, including school libraries, open for recreational activities, latchkey programs, and tutoring after school hours. (b) Provides that a professional employee or volunteer who has undergone a background screening process and is serving in a program authorized by a school district for which a school campus is kept open under this section is immune from liability to the same extent as the school district's professional employees or volunteers, as applicable. SECTION 2. Amends Section 101.0215(a), Civil Practice and Remedies Code, by adding new Subdivision (35), to include a latchkey program conducted exclusively on a school campus under an interlocal agreement with the school district in which the school campus is located, among the list of liabilities under this chapter (Tort Claims) for damages arising from a municipality's governmental functions. SECTION 3. Makes this Act applicable beginning with the 1999-2000 school year. SECTION 4.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in the caption to provide include "latchkey programs" and "tutoring" and to delete "academic." The substitute modifies the original in SECTION 1 (proposed Section 11.165, Education Code) by authorizing the board of trustees of an independent school district to adopt rules to keep school campuses, including school libraries, open after school for recreational activities, latchkey programs, and tutoring, rather than for academic programs and recreational activities. The substitute modifies the original by adding a new SECTION 2 (Section 101.0215(a), Civil Practice and Remedies Code) to add a new Subdivision (35). This subdivision includes a latchkey program conducted exclusively on a school campus under an interlocal agreement with the school district in which the school campus is located, among the list of liabilities under this chapter (Tort Claims) for damages arising from a municipality's governmental functions. The substitute redesignates SECTIONS 2 and 3 of the original to SECTIONS 3 and 4 in the substitute.