H.B. No. 1171
AN ACT
relating to the applicability of certain immunity and liability
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 AND SUIT. (a) In
matters related to operation of an open-enrollment charter school,
an open-enrollment charter school or charter holder is immune from
liability and suit to the same extent as a school district, and the
[its] employees and volunteers of the open-enrollment charter
school or charter holder are immune from liability and suit 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 and suit
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. 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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1171 was passed by the House on May 8,
2015, by the following vote: Yeas 140, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1171 on May 29, 2015, by the following vote: Yeas 143, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1171 was passed by the Senate, with
amendments, on May 27, 2015, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor