Bill Text: TX SB811 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 4-0)
Status: (Engrossed - Dead) 2019-05-07 - Committee report sent to Calendars [SB811 Detail]
Download: Texas-2019-SB811-Introduced.html
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 4-0)
Status: (Engrossed - Dead) 2019-05-07 - Committee report sent to Calendars [SB811 Detail]
Download: Texas-2019-SB811-Introduced.html
86R8079 CAE-D | ||
By: Hughes | S.B. No. 811 |
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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. |