S.B. No. 370
relating to a school district employee's immunity from liability
and responsibility for certain materials.
       SECTION 1.  Section 22.0511, Education Code, is amended by
adding Subsection (d) to read as follows:
       (d)  A school district may not by policy, contract, or
administrative directive:
             (1)  require a district employee to waive immunity from
liability for an act for which the employee is immune from liability
under this section; or
             (2)  require a district employee who acts in good faith
to pay for or replace property belonging to a student or other
person that is or was in the possession of the employee because of
an act that is incident to or within the scope of the duties of the
employee's position of employment.
       SECTION 2.  Subsection (e), Section 31.104, Education Code,
is amended to read as follows:
       (e)  The board of trustees of a school district may not
require an employee of the district who acts in good faith to pay
for a textbook, electronic textbook, or technological equipment
[instructional technology] that is damaged, stolen, misplaced, or
not returned [by a student].  A school district employee may not
waive this provision by contract or any other means, except that a
district may enter into a written agreement with a school employee
whereby the employee assumes financial responsibility for
electronic textbook or technological equipment usage off school
property or outside of a school-sponsored event in consideration
for the ability of the school employee to use the electronic
textbook or technological equipment for personal business.  Such a
written agreement shall be separate from the employee's contract of
employment, if applicable, and shall clearly inform the employee of
the amount of the financial responsibility and advise the employee
to consider obtaining appropriate insurance.  An employee may not
be required to agree to such an agreement as a condition of
       SECTION 3.  An assumption by a school district employee of
liability from which the employee is immune under Section 22.0511,
Education Code, or a waiver by a school district employee of the
employee's immunity from liability under Subsection (e), Section
31.104, Education Code, that is made or entered into before the
effective date of this Act has no effect.
       SECTION 4.  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, 2007.
______________________________    ______________________________
President of the Senate             Speaker of the House
       I hereby certify that S.B. No. 370 passed the Senate on
March 28, 2007, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 3, 2007, by the
following vote: Yeas 30, Nays 0.
   Secretary of the Senate
       I hereby certify that S.B. No. 370 passed the House, with
amendment, on April 25, 2007, by the following vote: Yeas 140,
Nays 0, one present not voting.
   Chief Clerk of the House