HBA-NRS C.S.H.B. 2301 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2301 By: Craddick Civil Practices 4/12/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law authorizes the board of trustees of a school district (board) to obtain insurance against bodily injuries sustained by students while training for or engaging in interschool athletic competition. However, students can be injured while participating in various school functions. C.S.H.B. 2301 authorizes the board to obtain insurance against bodily injuries sustained by students while engaging in school-sponsored activities on a school campus. 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 C.S.H.B. 2301 amends the Education Code to authorize the board of trustees of a school district to obtain insurance against bodily injuries sustained by students while engaging in school-sponsored activities on a school campus. The bill provides that the total cost of the insurance is a legitimate part of the total cost of operating the school district, rather than the total cost of the athletic program of the district. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2301 modifies the original bill by removing the provision that a school district is liable to a claimant for damages arising from the bodily injury to or death of a student (damages) if the student 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. The substitute removes the provision that 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 substitute also removes the provision that 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. Finally, the substitute removes provisions relating to tort claims and the provision specifying that the liability of a governmental unit does not apply to a claim for which a school district is liable. The substitute adds the provision authorizing the board of trustees of a school district to obtain insurance against bodily injuries and the provision specifying that the total cost of the insurance is a legitimate operating cost.