85R13800 CAE-F     By: Parker H.B. No. 3548       A BILL TO BE ENTITLED   AN ACT   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; [or]                (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.