By: Anderson of McLennan, Huberty, Kacal, H.B. No. 639
Stephenson
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the purchase of certain insurance coverage
by public schools for the benefit of businesses and students
participating in career and technology programs and providing for
immunity from liability of certain public school students
participating in career and technology programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 29, Education Code, is
amended by adding Sections 29.191 and 29.192 to read as follows:
Sec. 29.191. ACCIDENT, LIABILITY, AND AUTOMOBILE INSURANCE
COVERAGE. (a) The board of trustees of a school district or the
governing body of an open-enrollment charter school may obtain
accident, liability, or automobile insurance coverage to protect:
(1) a business or entity that participates with the
district or school to provide district or school students a career
and technology program; and
(2) a district or school student who participates in a
district or school career and technology program.
(b) The coverage authorized by this section must be:
(1) obtained from a reliable insurer authorized to
engage in business in this state; or
(2) for a district, provided through the district's
self-funded risk pool.
(c) The amount of coverage a district or school obtains:
(1) must be reasonable considering the financial
condition of the district or school; and
(2) may not exceed the amount that is reasonably
necessary in the opinion of, as applicable, the board of trustees of
the district or the governing body of the school.
(d) If the board of trustees of a district or the governing
body of a school obtains accident, liability, or automobile
insurance coverage under this section, an administrator designated
by the board of trustees of the district or governing body of the
school, as applicable, shall notify the parent or guardian of each
student participating in the career and technology program.
(e) A district or school may not directly or indirectly
charge a student or the student's parent or guardian for the cost of
providing to the student insurance under this section.
(f) The failure of any board of trustees of a district or the
governing body of a school to obtain coverage authorized by this
section or to obtain a specific amount of coverage under this
section may not be construed as placing any legal liability on, as
applicable, the district or the district's officers, agents, or
employees or the school or the school's officers, agents, or
employees.
Sec. 29.192. IMMUNITY FROM LIABILITY. A student who
participates in a career and technology program approved by a
school district or an open-enrollment charter school is entitled to
immunity in the same manner provided under Section 22.053 as a
volunteer who is serving as a direct service volunteer of a district
or school.
SECTION 2. Section 29.187(f), Education Code, is repealed.
SECTION 3. This Act applies beginning with the 2017-2018
school year.
SECTION 4. 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, 2017.