82R9718 CAE-D
By: Garza H.B. No. 2415
A BILL TO BE ENTITLED
AN ACT
relating to the liability of a school district that allows the use
of land and facilities that the school district owns, occupies, or
leases for recreational or educational purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 75, Civil Practice and Remedies Code, is
amended by adding Section 75.0022 to read as follows:
Sec. 75.0022. IMMUNITY FROM LIABILITY OF SCHOOL DISTRICT.
(a) In this section, "person" includes an individual as defined by
Section 71.001.
(b) A school district that, as the owner, easement owner,
occupant, or lessee of land or facilities, gives permission to a
person to enter the premises for recreational or educational
purposes does not, by giving that permission:
(1) ensure that the premises are safe; or
(2) assume responsibility or incur liability for any
bodily or other personal injury to, death of, or damage to the
property of a person who enters the premises for recreational or
educational purposes or accompanies another person entering the
premises for recreational or educational purposes, including
injury, death, or other damage arising from an act of a third party
that occurs on the premises, regardless of whether the act is
intentional.
(c) This section applies only if a school district does not
charge a person for the use of the property or facility of the
district other than a charge to reimburse the district the actual
cost associated with the use by the person of the property or
facility.
SECTION 2. This Act applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrues before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.