Tex. Educ. Code § 22.0511 · Subchapter B. CIVIL IMMUNITY
IMMUNITY FROM LIABILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee's position of employment and that involves the exercise of judgment or discretion on the part of the employee, except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students.
(b) This section does not apply to the operation, use, or maintenance of any motor vehicle.
(c) In addition to the immunity provided under this section and under other provisions of state law, an individual is entitled to any immunity and any other protections afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et seq.), as amended. Nothing in this subsection shall be construed to limit or abridge any immunity or protection afforded an individual under state law. For purposes of this subsection, "individual" includes a person who provides services to private schools, to the extent provided by federal law.
(d) A school district may not by policy, contract, or administrative directive:
(1) require a district employee to waive immunity from liability for an act for which the employee is immune from liability under this section; or
(2) require a district employee who acts in good faith to pay for or replace property belonging to a student or other person that is or was in the possession of the employee because of an act that is incident to or within the scope of the duties of the employee's position of employment.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Renumbered from Sec. 22.051 and amended by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 116 (S.B. 370), Sec. 1, eff. May 17, 2007.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ED/htm/ED.22.htm
- Text hash
- sha256 bd42209fc57f6721605d4cac3353e11a0a64b7dc93e0887063da5184bde2f148
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 12 provisions
Provisions in this library whose text cites Tex. Educ. Code § 22.0511. Each shows the citation as that text prints it.
Education Code
- Tex. Educ. Code § 22.053SCHOOL DISTRICT VOLUNTEERS.Printed as Section 22.0511
- Tex. Educ. Code § 29.454BEHAVIOR MANAGEMENT; BEHAVIOR SUPPORT SPECIALISTS.Printed as Section 22.0511
- Tex. Educ. Code § 30.024EMPLOYEES OF THE TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.Printed as Sections 22.0511, 22.0512, 22.052, and 22.053
- Tex. Educ. Code § 30.055EMPLOYEES OF THE TEXAS SCHOOL FOR THE DEAF.Printed as Sections 22.0511, 22.0512, 22.052, and 22.053
- Tex. Educ. Code § 38.0041POLICIES ADDRESSING SEXUAL ABUSE AND OTHER MALTREATMENT OF CHILDREN.Printed as Section 22.0511
- Tex. Educ. Code § 38.016PSYCHOTROPIC DRUGS AND PSYCHIATRIC EVALUATIONS OR EXAMINATIONS.Printed as Section 22.0511
- Tex. Educ. Code § 38.030TRAUMATIC INJURY RESPONSE PROTOCOL.Printed as Section 22.0511 | Sections 22.0511 and 22.053
- Tex. Educ. Code § 38.032SEIZURE MANAGEMENT AND TREATMENT PLAN.Printed as Section 22.0511
- Tex. Educ. Code § 79.10TEXAS ACADEMY OF MATHEMATICS AND SCIENCE.Printed as Sections 22.0511, 22.0512, and 22.052
- Tex. Educ. Code § 87.505TEXAS ACADEMY OF INTERNATIONAL STUDIES.Printed as Sections 22.0511, 22.0512, and 22.052
- Tex. Educ. Code § 105.301ESTABLISHMENT; SCOPE.Printed as Section 22.0511, 22.0512, or 22.052
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.