84R2280 MEW-D
By: Zaffirini S.B. No. 28
A BILL TO BE ENTITLED
AN ACT
relating to immunity from liability for public and open-enrollment
charter school campuses that maintain a supply of anaphylaxis
medicine for emergency use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 38.0151, Education Code,
is amended to read as follows:
Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK
FOR ANAPHYLAXIS; MAINTENANCE OF ANAPHYLAXIS MEDICINE SUPPLY.
SECTION 2. Section 38.0151, Education Code, is amended by
adding Subsection (b-1) and amending Subsection (d) to read as
follows:
(b-1) Each school district and open-enrollment charter
school may maintain at each campus a supply of anaphylaxis medicine
that may be administered to a person on campus experiencing an
anaphylactic reaction. For anaphylaxis medicine to satisfy this
subsection, the medicine may not have an expiration date that has
passed.
(d) This section does not:
(1) waive any [liability or] immunity from liability
of a governmental entity or its officers or employees; [or]
(2) create any liability for or a cause of action
against a governmental entity or its officers or employees; or
(3) waive any immunity from liability under Section
74.151, Civil Practice and Remedies Code, including immunity from
liability to which a school district, open-enrollment charter
school, or district or school employee is entitled under that
section for an act associated with the administration of
anaphylaxis medicine to a person on campus experiencing an
anaphylactic reaction.
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, 2015.