86R8079 CAE-D
By: Hughes S.B. No. 811
A BILL TO BE ENTITLED
AN ACT
relating to immunity from liability of a school district or
open-enrollment charter school for certain actions of security
personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.088 to read as follows:
Sec. 37.088. 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 or
open-enrollment charter school to provide security services; or
(ii) volunteers to provide security
services to the district or school.
(b) A school district or open-enrollment charter 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 or open-enrollment charter school is
immune from liability as provided by Subsection (b) for any damages
resulting from any reasonable action taken by a district or school
employee who has written permission from the board of trustees of
the district or the governing body of the school to carry a firearm
on campus.
(d) 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 or open-enrollment
charter school than this section, that statute prevails.
SECTION 2. This Act applies beginning with the 2019-2020
school year.
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, 2019.