HBA-EVB S.B. 975 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 975
By: Armbrister
Civil Practices
5/13/1999
Engrossed



BACKGROUND AND PURPOSE 

Due to a recent judicial decision, community colleges have become exposed
to lawsuits for issues from which they were previously immune, unless the
legislature had passed a resolution granting permission to sue.  S.B. 975
establishes the sovereign immunity of a junior college district. 

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 Section 130.084, Education Code, to make a conforming
change. 

SECTION 2.  Amends Subchapter E, Chapter 130, Education Code, by adding
Section 130.0841, as follows: 

Sec. 130.0841.  SUITS AND IMMUNITY.  (a)  Provides that the board of
trustees of a junior college district has the power to sue in the name of
the junior college district. 

(b)  Provides that a junior college district and the board of trustees of a
junior college district are immune from suit, except as otherwise provided
by this section, and are authorized to be sued, in the same manner as a
general academic teaching institution and the governing board of a general
academic teaching institution. 

(c)  Provides that this section, except as provided by Subsection (d), does
not constitute consent to suit.  Authorizes a person to sue or otherwise
bring a claim against a junior college district or the board of trustees of
a junior college only with legislative consent under Chapter 107
(Permission to Sue the State), Civil Practice and Remedies Code, or as
otherwise expressly authorized by law. 

(d)  Sets forth that nothing in this section affects the partial exclusion
of junior college districts from Chapter 101 (Tort Claims), Civil Practice
and Remedies Code, as described in Section 101.051 (School and Junior
College Districts Partially Excluded), Civil Practice and Remedies Code. 

(e)  Defines "general academic teaching institution" and "governing board"
to have the meanings assigned by Section 61.003 (Definitions), Education
Code. 

SECTION 3.  Makes application of this Act prospective with respect to a
suit filed against a junior college district or the governing body of a
junior college district. 

SECTION 4.  Emergency clause.
Effective date: upon passage.