Sec. 37.087. IMMUNITY FROM LIABILITY. (a) In this section:
(1) "Retired peace officer" has the meaning assigned by Section 1701.3161, Occupations Code.
(2) "Security personnel" includes:
(A) a school district peace officer;
(B) a school marshal;
(C) a school resource officer; and
(D) a retired peace officer who:
(i) has been hired by a school district, open-enrollment charter school, or private school to provide security services; or
(ii) volunteers to provide security services to the school district, open-enrollment charter school, or private school.
(b) A school district, open-enrollment charter school, or private school is immune from liability for any damages resulting from any reasonable action taken by security personnel to maintain the safety of the school campus, including action relating to possession or use of a firearm.
(c) A school district, open-enrollment charter school, or private school is immune from liability as provided by Subsection (b) for any damages resulting from any reasonable action taken by a school district, open-enrollment charter school, or private school employee who has written permission from the board of trustees of the school district or the governing body of the open-enrollment charter school or the private school to carry a firearm on campus.
(d) Any security personnel employed by a school district, open-enrollment charter school, or private school is immune from liability for any damages resulting from any reasonable action taken by the security personnel to maintain the safety of the school campus, including action relating to possession or use of a firearm.
(e) The statutory immunity provided by this section is in addition to and does not preempt the common law doctrine of official and governmental immunity. To the extent that another statute provides greater immunity to a school district, open-enrollment charter school, or private school than this section, that statute prevails.
Added by Acts 2021, 87th Leg., R.S., Ch. 671 (H.B. 1788), Sec. 1, eff. September 1, 2021.
Structure Texas Statutes
Chapter 37 - Discipline; Law and Order
Section 37.081. School District Peace Officers, School Resource Officers, and Security Personnel
Section 37.0811. School Marshals: Public Schools
Section 37.0812. Training Policy: School District Peace Officers and School Resource Officers
Section 37.0813. School Marshals: Private Schools
Section 37.082. Possession of Paging Devices
Section 37.083. Discipline Management Programs; Sexual Harassment Policies
Section 37.0831. Dating Violence Policies; Educational Materials and Resources
Section 37.0832. Bullying Prevention Policies and Procedures
Section 37.084. Interagency Sharing of Records
Section 37.085. Arrests Prohibited for Certain Class C Misdemeanors
Section 37.086. Required Posting of Warning Signs of Increased Trafficking Penalties