11 | 4 | | AN ACT |
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12 | 5 | | relating to authorizing the purchase of certain insurance coverage |
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13 | 6 | | by public schools for the benefit of businesses and students |
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14 | 7 | | participating in career and technology programs and providing for |
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15 | 8 | | immunity from liability of certain public school students |
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16 | 9 | | participating in career and technology programs. |
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17 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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18 | 11 | | SECTION 1. Subchapter F, Chapter 29, Education Code, is |
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19 | 12 | | amended by adding Sections 29.191 and 29.192 to read as follows: |
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20 | 13 | | Sec. 29.191. ACCIDENT, LIABILITY, AND AUTOMOBILE INSURANCE |
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21 | 14 | | COVERAGE. (a) The board of trustees of a school district or the |
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22 | 15 | | governing body of an open-enrollment charter school may obtain |
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23 | 16 | | accident, liability, or automobile insurance coverage to protect: |
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24 | 17 | | (1) a business or entity that participates with the |
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25 | 18 | | district or school to provide district or school students a career |
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26 | 19 | | and technology program; and |
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27 | 20 | | (2) a district or school student who participates in a |
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28 | 21 | | district or school career and technology program. |
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29 | 22 | | (b) The coverage authorized by this section must be: |
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30 | 23 | | (1) obtained from a reliable insurer authorized to |
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31 | 24 | | engage in business in this state; or |
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32 | 25 | | (2) for a district, provided through the district's |
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33 | 26 | | self-funded risk pool. |
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34 | 27 | | (c) The amount of coverage a district or school obtains: |
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35 | 28 | | (1) must be reasonable considering the financial |
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36 | 29 | | condition of the district or school; and |
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37 | 30 | | (2) may not exceed the amount that is reasonably |
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38 | 31 | | necessary in the opinion of, as applicable, the board of trustees of |
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39 | 32 | | the district or the governing body of the school. |
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40 | 33 | | (d) If the board of trustees of a district or the governing |
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41 | 34 | | body of a school obtains accident, liability, or automobile |
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42 | 35 | | insurance coverage under this section, an administrator designated |
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43 | 36 | | by the board of trustees of the district or governing body of the |
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44 | 37 | | school, as applicable, shall notify the parent or guardian of each |
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45 | 38 | | student participating in the career and technology program. |
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46 | 39 | | (e) A district or school may not directly or indirectly |
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47 | 40 | | charge a student or the student's parent or guardian for the cost of |
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48 | 41 | | providing to the student insurance under this section. |
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49 | 42 | | (f) The failure of any board of trustees of a district or the |
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50 | 43 | | governing body of a school to obtain coverage authorized by this |
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51 | 44 | | section or to obtain a specific amount of coverage under this |
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52 | 45 | | section may not be construed as placing any legal liability on, as |
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53 | 46 | | applicable, the district or the district's officers, agents, or |
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54 | 47 | | employees or the school or the school's officers, agents, or |
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55 | 48 | | employees. |
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56 | 49 | | Sec. 29.192. IMMUNITY FROM LIABILITY. A student who |
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57 | 50 | | participates in a career and technology program approved by a |
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58 | 51 | | school district or an open-enrollment charter school is entitled to |
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59 | 52 | | immunity in the same manner provided under Section 22.053 as a |
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60 | 53 | | volunteer who is serving as a direct service volunteer of a district |
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61 | 54 | | or school. |
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62 | 55 | | SECTION 2. Section 29.187(f), Education Code, is repealed. |
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63 | 56 | | SECTION 3. This Act applies beginning with the 2017-2018 |
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64 | 57 | | school year. |
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65 | 58 | | SECTION 4. This Act takes effect immediately if it receives |
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66 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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67 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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68 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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69 | 62 | | Act takes effect September 1, 2017. |
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