87(R) HB 1788 - Enrolled version - Bill Text
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AN ACT
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relating to immunity from liability of public and private schools |
 
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and security personnel employed by those schools for certain |
 
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actions of security personnel. |
 
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
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             SECTION  1.    Subchapter C, Chapter 37, Education Code, is |
 
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amended by adding Section 37.087 to read as follows: |
 
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             Sec.  37.087.    IMMUNITY FROM LIABILITY. (a) In this section: |
 
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                         (1)    "Retired peace officer" has the meaning assigned |
 
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by Section 1701.3161, Occupations Code. |
 
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                         (2)    "Security personnel" includes: |
 
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                                     (A)    a school district peace officer; |
 
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                                     (B)    a school marshal; |
 
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                                     (C)    a school resource officer; and |
 
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                                     (D)    a retired peace officer who: |
 
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                                                 (i)    has been hired by a school district, |
 
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open-enrollment charter school, or private school to provide |
 
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security services; or |
 
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                                                 (ii)    volunteers to provide security |
 
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services to the school district, open-enrollment charter school, or |
 
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private school. |
 
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             (b)    A school district, open-enrollment charter school, or |
 
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private school is immune from liability for any damages resulting |
 
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from any reasonable action taken by security personnel to maintain |
 
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the safety of the school campus, including action relating to |
 
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possession or use of a firearm. |
 
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             (c)    A school district, open-enrollment charter school, or |
 
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private school is immune from liability as provided by Subsection |
 
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(b) for any damages resulting from any reasonable action taken by a |
 
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school district, open-enrollment charter school, or private school |
 
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employee who has written permission from the board of trustees of |
 
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the school district or the governing body of the open-enrollment |
 
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charter school or the private school to carry a firearm on campus. |
 
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             (d)    Any security personnel employed by a school district, |
 
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open-enrollment charter school, or private school is immune from |
 
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liability for any damages resulting from any reasonable action |
 
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taken by the security personnel to maintain the safety of the school |
 
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campus, including action relating to possession or use of a |
 
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firearm. |
 
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             (e)    The statutory immunity provided by this section is in |
 
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addition to and does not preempt the common law doctrine of official |
 
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and governmental immunity. To the extent that another statute |
 
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provides greater immunity to a school district, open-enrollment |
 
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charter school, or private school than this section, that statute |
 
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prevails. |
 
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             SECTION  2.    This Act applies beginning with the 2021-2022 |
 
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school year. |
 
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             SECTION  3.    This Act takes effect immediately if it receives |
 
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a vote of two-thirds of all the members elected to each house, as |
 
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provided by Section 39, Article III, Texas Constitution. If this |
 
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Act does not receive the vote necessary for immediate effect, this |
 
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Act takes effect September 1, 2021. |
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     President of the Senate |
Speaker of the House           |
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             I certify that H.B. No. 1788 was passed by the House on April |
 
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20, 2021, by the following vote:    Yeas 90, Nays 54, 1 present, not |
 
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voting. |
 
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______________________________ |
 
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Chief Clerk of the House       |
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             I certify that H.B. No. 1788 was passed by the Senate on May |
 
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22, 2021, by the following vote:    Yeas 18, Nays 13. |
 
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______________________________ |
 
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Secretary of the Senate         |
 
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APPROVED:    _____________________ |
 
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                                     Date                     |
 
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                   _____________________ |
 
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                                 Governor               |