HBA-NRS H.J.R. 71 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 71
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. As
proposed, House Joint Resolution 71 requires the submission to the voters
of a constitutional amendment authorizing the legislature to abolish the
sovereign immunity from liability of school districts for damages for
injury to or death of students and authorizing school districts to purchase
related insurance. 

RULEMAKING AUTHORITY

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

ANALYSIS

House Joint Resolution 71 amends the Texas Constitution to authorize the
legislature to waive and abolish the sovereign immunity from liability of a
school district for damages for injury to or death of a student subject to
limits established by the legislature and to authorize each school district
to purchase liability insurance to indemnify the district for liability
imposed for injury to or death of a student and related costs. The
resolution authorizes the legislature to limit the liability imposed on a
school district for injury to or death of a student to the amount of
liability insurance the school district elects to obtain. 

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.