| 1 | 1 | | 81R1016 TJS-D |
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| 2 | 2 | | By: Dutton H.B. No. 4430 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the waiver of sovereign immunity of a school district |
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| 8 | 8 | | for certain claims arising from the provision of community |
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| 9 | 9 | | education child care services. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 101.051, Civil Practice and Remedies |
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| 12 | 12 | | Code, is amended to read as follows: |
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| 13 | 13 | | Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY |
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| 14 | 14 | | EXCLUDED. (a) Except as provided by this section [to motor |
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| 15 | 15 | | vehicles], this chapter does not apply to a school district or to a |
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| 16 | 16 | | junior college district. |
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| 17 | 17 | | (b) As to motor vehicles, this chapter applies to a school |
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| 18 | 18 | | district or to a junior college district. |
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| 19 | 19 | | (c) As to a condition or use of tangible personal or real |
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| 20 | 20 | | property, this chapter applies to a school district with respect to |
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| 21 | 21 | | a claim for damages arising from the provision of after-school |
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| 22 | 22 | | child-care services on school district property the primary purpose |
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| 23 | 23 | | of which is to provide care, custody, or supervision of a child. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies only |
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| 25 | 25 | | to a cause of action that accrues on or after the effective date of |
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| 26 | 26 | | this Act. A cause of action that accrues before the effective date |
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| 27 | 27 | | of this Act is governed by the law in effect immediately before that |
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| 28 | 28 | | date, and that law is continued in effect for that purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2009. |
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