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A BILL TO BE ENTITLED
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AN ACT
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relating to immunity from liability of a school district or |
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open-enrollment charter school for certain actions of security |
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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 37.088 to read as follows: |
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Sec. 37.088. 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 or |
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open-enrollment charter school to provide security services; or |
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(ii) volunteers to provide security |
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services to the district or school. |
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(b) A school district or open-enrollment charter school is |
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immune from liability for any damages resulting from any reasonable |
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action taken by security personnel to maintain the safety of the |
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school campus, including action relating to possession or use of a |
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firearm. |
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(c) A school district or open-enrollment charter school is |
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immune from liability as provided by Subsection (b) for any damages |
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resulting from any reasonable action taken by a district or school |
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employee who has written permission from the board of trustees of |
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the district or the governing body of the school to carry a firearm |
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on campus. |
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(d) 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 or open-enrollment |
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charter school than this section, that statute prevails. |
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SECTION 2. This Act applies beginning with the 2019-2020 |
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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, 2019. |