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.