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.