84R2280 MEW-D
	By: Zaffirini	S.B. No. 28

	A BILL TO BE ENTITLED
	AN ACT
	relating to immunity from liability for public and open-enrollment
	charter school campuses that maintain a supply of anaphylaxis
	medicine for emergency use.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 38.0151, Education Code,
	is amended to read as follows:
	Sec. 38.0151.  POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK
	FOR ANAPHYLAXIS; MAINTENANCE OF ANAPHYLAXIS MEDICINE SUPPLY.
	SECTION 2.  Section 38.0151, Education Code, is amended by
	adding Subsection (b-1) and amending Subsection (d) to read as
	follows:
	(b-1)  Each school district and open-enrollment charter
	school may maintain at each campus a supply of anaphylaxis medicine
	that may be administered to a person on campus experiencing an
	anaphylactic reaction. For anaphylaxis medicine to satisfy this
	subsection, the medicine may not have an expiration date that has
	passed.
	(d)  This section does not:
	(1)  waive any [liability or] immunity from liability
	of a governmental entity or its officers or employees; [or]
	(2)  create any liability for or a cause of action
	against a governmental entity or its officers or employees; or
	(3)  waive any immunity from liability under Section
	74.151, Civil Practice and Remedies Code, including immunity from
	liability to which a school district, open-enrollment charter
	school, or district or school employee is entitled under that
	section for an act associated with the administration of
	anaphylaxis medicine to a person on campus experiencing an
	anaphylactic reaction.
	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, 2015.