84R7567 CAE-F
By: Lucio S.B. No. 1569
A BILL TO BE ENTITLED
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]. (a) In matters
related to operation of an open-enrollment charter school, an
open-enrollment charter school or charter holder is immune [from
liability] 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] 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. 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.