By: Hancock S.B. No. 547
(In the Senate - Filed February 13, 2013; February 20, 2013,
read first time and referred to Committee on Education;
March 25, 2013, reported favorably by the following vote: Yeas 8,
Nays 0; March 25, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of certain 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]. (a) In matters
related to operation of an open-enrollment charter school, an
open-enrollment charter school is immune [from liability] to the
same extent as a school district, and its employees and volunteers
are immune [from liability] 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] 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. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1058 to read as follows:
Sec. 12.1058. APPLICABILITY OF OTHER LAWS. (a) An
open-enrollment charter school is considered to be:
(1) a local government for purposes of Chapter 791,
Government Code;
(2) a local government for purposes of Chapter 2259,
Government Code, except that an open-enrollment charter school may
not issue public securities as provided by Section 2259.031(b),
Government Code; and
(3) a political subdivision for purposes of Chapter
172, Local Government Code.
(b) An open-enrollment charter school may elect to extend
workers' compensation benefits to employees of the school through
any method available to a political subdivision under Chapter 504,
Labor Code, except that an open-enrollment charter school that
self-insures either individually or collectively under Chapter
504, Labor Code, may not provide workers' compensation medical
benefits to injured employees in the manner described by Section
504.053(b)(2), Labor Code. An open-enrollment charter school that
elects to extend workers' compensation benefits as permitted under
this subsection is considered to be a political subdivision for all
purposes under Chapter 504, Labor Code. An open-enrollment charter
school that self-insures either individually or collectively under
Chapter 504, Labor Code, is considered to be an insurance carrier
for purposes of Subtitle A, Title 5, Labor Code.
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, 2013.
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