By: Hefner H.B. No. 3946
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to im
  munity from liability of public and private schools
  and security personnel employed by those schools for certain
  actions of security personnel.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 37, Education Code, is
  amended by adding Section 37.088 to read as follows:
         Sec. 37.088.  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.
         SECTION 2.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.