Tex. Educ. Code § 37.087 · Subchapter C. LAW AND ORDER
IMMUNITY FROM LIABILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., R.S., Ch. 671 (H.B. 1788), Sec. 1, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm
- Text hash
- sha256 fba9b2a94a3887b814679420abc6e79ad39d5ddbcdd6cf910b4dd4ad83c09358
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
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.