| 7 | 2 | | |
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| 8 | 3 | | |
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| 9 | 4 | | A BILL TO BE ENTITLED |
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| 10 | 5 | | AN ACT |
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| 11 | 6 | | relating to the applicability of certain immunity and liability |
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| 12 | 7 | | laws to open-enrollment charter schools. |
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| 13 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 9 | | SECTION 1. Section 12.1056, Education Code, is amended to |
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| 15 | 10 | | read as follows: |
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| 16 | 11 | | Sec. 12.1056. IMMUNITY [FROM LIABILITY]. (a) In matters |
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| 17 | 12 | | related to operation of an open-enrollment charter school, an |
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| 18 | 13 | | open-enrollment charter school or charter holder is immune [from |
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| 19 | 14 | | liability] to the same extent as a school district, and the [its] |
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| 20 | 15 | | employees and volunteers of the open-enrollment charter school or |
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| 21 | 16 | | charter holder are immune [from liability] to the same extent as |
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| 22 | 17 | | school district employees and volunteers. A member of the |
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| 23 | 18 | | governing body of an open-enrollment charter school or of a charter |
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| 24 | 19 | | holder is immune [from liability] to the same extent as a school |
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| 25 | 20 | | district trustee. |
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| 26 | 21 | | (b) An open-enrollment charter school is a governmental |
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| 27 | 22 | | unit as defined by Section 101.001, Civil Practice and Remedies |
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| 28 | 23 | | Code, and is subject to liability only as provided by Chapter 101, |
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| 29 | 24 | | Civil Practice and Remedies Code, and only in the manner that |
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| 30 | 25 | | liability is provided by that chapter for a school district. |
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| 31 | 26 | | (c) An open-enrollment charter school is a local government |
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| 32 | 27 | | as defined by Section 102.001, Civil Practice and Remedies Code, |
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| 33 | 28 | | and a payment on a tort claim must comply with Chapter 102, Civil |
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| 34 | 29 | | Practice and Remedies Code. |
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| 35 | 30 | | (d) An open-enrollment charter school is a local |
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| 36 | 31 | | governmental entity as defined by Section 271.151, Local Government |
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| 37 | 32 | | Code, and is subject to liability on a contract as provided by |
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| 38 | 33 | | Subchapter I, Chapter 271, Local Government Code, and only in the |
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| 39 | 34 | | manner that liability is provided by that subchapter for a school |
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| 40 | 35 | | district. |
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| 41 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 42 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 40 | | Act takes effect September 1, 2015. |
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