By: Hefner (Senate Sponsor - Hughes) H.B. No. 1788
(In the Senate - Received from the House April 20, 2021;
May 10, 2021, read first time and referred to Committee on
Education; May 19, 2021, reported favorably by the following vote:
Yeas 7, Nays 4; May 19, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to immunity from liability of public and private schools
and security personnel employed by those schools 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 37.087 to read as follows:
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.
SECTION 2. This Act applies beginning with the 2021-2022
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, 2021.
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