HBA-NLM H.B. 360 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 360
By: Wise
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no specific provision for the notification of a child's
absence to the parents as part of a missing child prevention and
identification program.  H.B.360 allows for the adoption of notification
procedures by the board of trustees of each school district for a missing
child prevention and identification program. This bill provides that
parents or legal custodians will be notified by school personnel if the
child is not at school for all or part of a school day.  This bill also
establishes a limited liability for a school employee responsible for
providing notice to the parent or legal custodian. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 33, Education Code, by adding
Section 33.0521, as follows: 

Sec. 33.0521.  NOTIFICATION CONCERNING ABSENT CHILD.  Authorizes the board
of trustees to adopt a procedure for a missing child prevention and
identification program under which the parent or legal custodian is
notified if the child is not in school for all or part of a school day. 

SECTION 2.  Amends Section 33.056, Education Code, to establish that
notwithstanding Subsection (a), a school employee who is  responsible for
providing notice of an absent child in a school district which adopted
notification procedures under Section 33.0521, is liable for damages for
failure to give the notice only if a reasonable effort to contact the
child's parent or legal custodian was not made. Subsection (a) provides
that a person is not liable for damages for negligent performance or
nonperformance of any requirement of this subchapter. 

SECTION 3.  Emergency clause.
            Effective date:  upon passage.