Bill Text: TX HB1788 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to immunity from liability of public and private schools and security personnel employed by those schools for certain actions of security personnel.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB1788 Detail]
Download: Texas-2021-HB1788-Enrolled.html
| H.B. No. 1788 | ||
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| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1788 was passed by the House on April | ||
| 20, 2021, by the following vote: Yeas 90, Nays 54, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1788 was passed by the Senate on May | ||
| 22, 2021, by the following vote: Yeas 18, Nays 13. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
