Texas 2013 - 83rd Regular

Texas Senate Bill SB547 Compare Versions

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1	1	By: Hancock S.B. No. 547
2	2	(Farney)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the applicability of certain laws to open-enrollment
8	8	charter schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.1056, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 12.1056. IMMUNITY [FROM LIABILITY]. (a) In matters
13	13	related to operation of an open-enrollment charter school, an
14	14	open-enrollment charter school is immune [from liability] to the
15	15	same extent as a school district, and its employees and volunteers
16	16	are immune [from liability] to the same extent as school district
17	17	employees and volunteers. A member of the governing body of an
18	18	open-enrollment charter school or of a charter holder is immune
19	19	[from liability] to the same extent as a school district trustee.
20	20	(b) An open-enrollment charter school is a governmental
21	21	unit for purposes of Chapter 101, Civil Practice and Remedies Code,
22	22	and is subject to liability only as provided by that chapter and
23	23	only in the manner that liability is provided by that chapter for a
24	24	school district.
25	25	(c) An open-enrollment charter school is a local government
26	26	for purposes of Chapter 102, Civil Practice and Remedies Code, and a
27	27	payment on a tort claim must comply with that chapter.
28	28	(d) An open-enrollment charter school is a local
29	29	governmental entity for purposes of Subchapter I, Chapter 271,
30	30	Local Government Code, and is subject to liability on a contract as
31	31	provided by that subchapter and only in the manner that liability is
32	32	provided by that subchapter for a school district.
33	33	SECTION 2. Subchapter D, Chapter 12, Education Code, is
34	34	amended by adding Section 12.1058 to read as follows:
35	35	Sec. 12.1058. APPLICABILITY OF OTHER LAWS. (a) An
36	36	open-enrollment charter school is considered to be:
37	37	(1) a local government for purposes of Chapter 791,
38	38	Government Code;
39	39	(2) a local government for purposes of Chapter 2259,
40	40	Government Code, except that an open-enrollment charter school may
41	41	not issue public securities as provided by Section 2259.031(b),
42	42	Government Code; and
43	43	(3) a political subdivision for purposes of Chapter
44	44	172, Local Government Code.
45	45	(b) An open-enrollment charter school may elect to extend
46	46	workers' compensation benefits to employees of the school through
47	47	any method available to a political subdivision under Chapter 504,
48	48	Labor Code, except that an open-enrollment charter school that
49	49	self-insures either individually or collectively under Chapter
50	50	504, Labor Code, may not provide workers' compensation medical
51	51	benefits to injured employees in the manner described by Section
52	52	504.053(b)(2), Labor Code. An open-enrollment charter school that
53	53	elects to extend workers' compensation benefits as permitted under
54	54	this subsection is considered to be a political subdivision for all
55	55	purposes under Chapter 504, Labor Code. An open-enrollment charter
56	56	school that self-insures either individually or collectively under
57	57	Chapter 504, Labor Code, is considered to be an insurance carrier
58	58	for purposes of Subtitle A, Title 5, Labor Code.
59	59	SECTION 3. This Act takes effect immediately if it receives
60	60	a vote of two-thirds of all the members elected to each house, as
61	61	provided by Section 39, Article III, Texas Constitution. If this
62	62	Act does not receive the vote necessary for immediate effect, this
63	63	Act takes effect September 1, 2013.