By: Dutton H.B. No. 3750
A BILL TO BE ENTITLED
AN ACT
relating to the waiver of sovereign immunity of a school district
for certain claims arising from the provision of community
education child care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.051, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY
EXCLUDED. (a) Except as provided by this section [to motor
vehicles], this chapter does not apply to a school district or to a
junior college district.
(b) As to motor vehicles, this chapter applies to a school
district or to a junior college district.
(c) As to a condition or use of tangible personal or real
property, this chapter applies to a school district with respect to
a claim for damages arising from the provision of after-school
child-care services on school district property the primary purpose
of which is to provide care, custody, or supervision of a child.
SECTION 2. The change in law made by 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 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, 2009.