Bill Text: TX HB1171 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the applicability of certain immunity and liability laws to open-enrollment charter schools.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2015-06-18 - Effective immediately [HB1171 Detail]
Download: Texas-2015-HB1171-Enrolled.html
| H.B. No. 1171 | ||
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| relating to the applicability of certain immunity and liability | ||
| laws to open-enrollment charter schools. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 12.1056, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 12.1056. IMMUNITY FROM LIABILITY AND SUIT. (a) In | ||
| matters related to operation of an open-enrollment charter school, | ||
| an open-enrollment charter school or charter holder is immune from | ||
| liability and suit to the same extent as a school district, and the | ||
| [ |
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| school or charter holder are immune from liability and suit to the | ||
| same extent as school district employees and volunteers. A member | ||
| of the governing body of an open-enrollment charter school or of a | ||
| charter holder is immune from liability and suit | ||
| to the same extent | ||
| as a school district trustee. | ||
| (b) An open-enrollment charter school 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. | ||
| (c) An open-enrollment charter school is a local government | ||
| as defined by Section 102.001, Civil Practice and Remedies Code, | ||
| and a payment on a tort claim must comply with Chapter 102, Civil | ||
| Practice and Remedies Code. | ||
| (d) An open-enrollment charter school is a local | ||
| governmental entity as defined by Section 271.151, Local Government | ||
| Code, and is subject to liability on a contract as provided by | ||
| Subchapter I, Chapter 271, Local Government Code, and only in the | ||
| manner that liability is provided by that subchapter for a school | ||
| district. | ||
| SECTION 2. 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, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1171 was passed by the House on May 8, | ||
| 2015, by the following vote: Yeas 140, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1171 on May 29, 2015, by the following vote: Yeas 143, Nays 1, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1171 was passed by the Senate, with | ||
| amendments, on May 27, 2015, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
