School Safety Law Toolkit

House Bill 1788

Effective Date: September 1, 2021

Clarified and defined that a “retired peace officer” has the meaning per Texas Occupations Code 1701.3161, and titles or roles defined as “security personnel” are school district police officers, school marshals, school resource officers, and retired peace officers who are hired to, or volunteer to, provide security by a school district, open-enrollment charter school, or private school.

Provides that a school district, open-enrollment charter school, or private school is immune from liability for damages which result from reasonable actions taken by security personnel to maintain the safety of a school campus. They are also immune from liability for damages from reasonable actions taken by an employee who has written permission from the board or governing body to carry a firearm on campus.

Security personnel employed by the district, charter, or private school are immune from liability for damages from reasonable actions taken, including the possession or use of a weapon, to maintain safety on campus.

The statutory immunity provided by the section is in addition to the common law doctrine of official and governmental immunity.