HBA-NRS H.B. 2301 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2301
By: Craddick
Civil Practices
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

Current law states that school districts do not have sovereign immunity,
but do have statutory sovereign immunity limiting liability for damages,
including personal injury or death, caused by an employee of that school
district or as result of the operation of a motor vehicle by an employee of
that district. School districts are authorized to purchase insurance
policies protecting the school district and its employees against tort
claims, such as claims arising from athletic injuries or death. House Bill
2301 provides that a school district is liable to a claimant for damages
arising from the bodily injury to or death of a student and authorizes each
school district to purchase liability insurance. 

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. 

ANALYSIS

House Bill 2301 amends the Education Code to provide that a school district
is liable to a claimant for damages arising from the bodily injury to or
death of a person (damages) if the person is a student of the district or
another school district and the person is on property owned or otherwise
under the control of the district and under the supervision of an employee
or volunteer of the school district or participating in an activity
conducted under the authority of the district. A school district is liable
to a claimant for damages only to the extent the school district has
purchased liability insurance that indemnifies the district for the
district's liability. The bill provides that a school district is not
liable to the extent that the damages for bodily injury or death exceed the
limit of an insurance policy otherwise available to pay the claim and is
not liable for a claim for damages that are excluded from coverage or not
otherwise covered under an insurance policy.  

A school district's immunity from liability is waived and abolished only to
the extent that the district's purchased liability insurance indemnifies
the district. The bill authorizes a school district to purchase insurance
to provide coverage for liability for damages arising from the bodily
injury to or death of a student and related costs incurred by the district,
including defense costs. The bill provides that provisions relating to tort
claims and the liability of a governmental unit do not apply to a claim for
which a school district is liable. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.