Texas Education Code 37.087 – Immunity From Liability
(a) In this section:
(1) “Retired peace officer” has the meaning assigned by § 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.
Terms Used In Texas Education Code 37.087
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Statute: A law passed by a legislature.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.