Bill Text: TX HB3548 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the applicability of certain immunity and liability laws to the nonprofit corporation established by the Texas Public Finance Authority to issue revenue bonds to open-enrollment charter schools for those schools to provide educational facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-10 - Referred to State Affairs [HB3548 Detail]
Download: Texas-2017-HB3548-Introduced.html
85R13800 CAE-F | ||
By: Parker | H.B. No. 3548 |
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relating to the applicability of certain immunity and liability | ||
laws to the nonprofit corporation established by the Texas Public | ||
Finance Authority to issue revenue bonds to open-enrollment charter | ||
schools for those schools to provide educational facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 53, Education Code, is | ||
amended by adding Section 53.353 to read as follows: | ||
Sec. 53.353. LIMITATION ON LIABILITY OF CORPORATION. (a) | ||
The nonprofit corporation established by the Texas Public Finance | ||
Authority under Section 53.351 is a governmental unit as defined by | ||
Section 101.001, Civil Practice and Remedies Code, and is subject | ||
to liability only as provided by Chapter 101, Civil Practice and | ||
Remedies Code, and only in the manner that liability is provided by | ||
that chapter for a school district. | ||
(b) A director, officer, or employee of the nonprofit | ||
corporation established by the Texas Public Finance Authority under | ||
Section 53.351 is not personally liable: | ||
(1) for damage, loss, or injury resulting from the | ||
performance of the person's duties under Section 53.351; or | ||
(2) on any commitment or agreement executed on behalf | ||
of the corporation under Section 53.351. | ||
SECTION 2. Section 104.001, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause | ||
of action based on conduct described in Section 104.002, the state | ||
shall indemnify the following persons, without regard to whether | ||
the persons performed their services for compensation, for actual | ||
damages, court costs, and attorney's fees adjudged against: | ||
(1) an employee, a member of the governing board, or | ||
any other officer of a state agency, institution, or department; | ||
(2) a former employee, former member of the governing | ||
board, or any other former officer of a state agency, institution, | ||
or department who was an employee or officer when the act or | ||
omission on which the damages are based occurred; | ||
(3) a physician or psychiatrist licensed in this state | ||
who was performing services under a contract with any state agency, | ||
institution, or department or a racing official performing services | ||
under a contract with the Texas Racing Commission when the act or | ||
omission on which the damages are based occurred; | ||
(3-a) a phlebotomist licensed in this state who was | ||
performing services under a contract with the Texas Department of | ||
Criminal Justice when the act or omission on which the damages are | ||
based occurred; | ||
(4) a chaplain or spiritual advisor who was performing | ||
services under contract with the Texas Department of Criminal | ||
Justice or the Texas Juvenile Justice Department when the act or | ||
omission on which the damages are based occurred; | ||
(5) a person serving on the governing board of a | ||
foundation, corporation, or association at the request and on | ||
behalf of an institution of higher education, as that term is | ||
defined by Section 61.003(8), Education Code, not including a | ||
public junior college; | ||
(6) a state contractor who signed a waste manifest as | ||
required by a state contract; [ |
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(7) the estate of a person listed in this section; or | ||
(8) a person serving as a director of the nonprofit | ||
corporation established by the Texas Public Finance Authority under | ||
Section 53.351, Education Code. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |