School districts, open-enrollment charter schools, and private schools have immunity from liability for damages caused by reasonable security-related actions on campus, including firearm-related actions.
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. Added by Acts 2021, 87th Leg., R.S., Ch. 671 (H.B. 1788), Sec. 1, eff. September 1, 2021.