Downing v. Brown, 935 S.W.2d 112 (Tex. 1996). · Go Syfert
Downing v. Brown, 935 S.W.2d 112 (Tex. 1996). Cases Citing This Book View Copy Cite
102 citation events (72 in the last 25 years) across 10 distinct courts.
Strongest positive: The City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai (texapp, 2023-04-06)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) The City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai
Tex. App. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the court of appeals' analysis of whether the governmental employee's actions required discretion or judgment was too narrow.
discussed Cited as authority (verbatim quote) the City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai
Tex. App. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the court of appeals' analysis of whether the governmental employee's actions required discretion or judgment was too narrow.
discussed Cited as authority (quoted) Opinion No.
Tex. Att'y Gen. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
ministerial actions require obedience to orders or the performance of a duty to which the actor has no choice.
discussed Cited as authority (rule) Parker v. Armstrong
W.D. Tex. · 2024 · confidence medium
On the other hand, if an action involves personal deliberation, decision and judgment, it is discretionary. . . .’" Morris, 181 F.3d at 674 (alterations in original) (quoting Downing v. Brown, 935 S.W.2d 112, 114 (Tex. 1996)).
discussed Cited as authority (rule) Book People, Incorporated v. Wong
5th Cir. · 2024 · confidence medium
The ratings are the vendor’s speech, not the government’s. _____________________ 112 Morris v. Dearborne, 181 F.3d 657, 674 (5th Cir. 1999) (alteration in original) (quoting Downing v. Brown, 935 S.W.2d 112, 114 (Tex. 1996)). 113 See generally Jacobellis v. Ohio, 378 U.S. 184, 187 (1964) (describing the “‘dim and uncertain line’ that often separates obscenity from constitutionally protected expression”). 27 Case: 23-50668 Document: 00517035265 Page: 28 Date Filed: 01/17/2024 No. 23-50668 2 Because READER affects Plaintiffs’ First Amendment rights, we turn to the merits of Plainti…
discussed Cited as authority (rule) Southwestern Bell Telephone, L.P. D/B/A At&t Texas v. Ed Emmett, El Franco Lee, Jack Morman, Steve Radack, and R. Jack Cagle, as Members of the Harris County Commissioners' Court Michael Marcotte, as Director of the City of Houston Department of Public Works and Engineering And City of Houston
Tex. · 2015 · signal: cf. · confidence medium
Cf. Downing v. Brown, 935 S.W.2d 112, 114 (Tex. 1996) (concluding that an employee’s actions were not ministerial because a classroom discipline plan required deliberation and was discretionary where the mandate failed to instruct, among other things, which conduct required discipline and when and where to discipline the students).
discussed Cited as authority (rule) Southwestern Bell Telephone, L.P. v. Emmett
Tex. · 2015 · signal: cf. · confidence medium
Cf. Downing v. Brown, 935 S.W.2d 112, 114 (Tex. 1996) (concluding that an employee’s actions were not ministerial because a classroom discipline plan required deliberation and was discretionary where the mandate failed to instruct, among other things, which conduct required discipline and when and where to discipline the students).
discussed Cited as authority (rule) Jose A. Perez v. Texas Medical Board and Mari Robinson, JD, in Her Official Capacity (2×)
Tex. App. · 2015 · confidence medium
Va., 129 US 114, 121-22 (1889)……………………………………………………..44 5 Downing v. Brown, 935 SW 2d 112, 114 (Tex. 1996)………………………………………………..31 Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71, 75 (Tex. 2000)………………………………………………………………….31 ElderCare Properties, Inc. v. Texas Department of Human Services, 63 S.W.3d 551 (Tex. App. Dist.3 12/06/2001)………………………………….25 El Paso Hosp.
cited Cited as authority (rule) Gary Gonzalez/Ione Grimm v. Ione Grimm/Gary Gonzalez
Tex. App. · 2011 · confidence medium
Downing v. Brown, 935 S.W.2d 112, 114 (Tex. 1996).
cited Cited as authority (rule) Gonzalez v. Grimm
Tex. App. · 2011 · confidence medium
Downing v. Brown, 935 S.W.2d 112, 114 (Tex. 1996).
cited Cited as authority (rule) Gary Gonzalez/Ione Grimm v. Ione Grimm/Gary Gonzalez
Tex. App. · 2011 · confidence medium
Downing v. Brown , 935 S.W.2d 112, 114 (Tex. 1996).
discussed Cited as authority (rule) Stan H. Looper and Cynthia M. Scott v. Houston Community College System, Bruce Leslie, Diana Castillo, and Reynaldo Garay (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
Downing v. Brown , 935 S.W.2d 112, 114 (Tex. 1996).
discussed Cited as authority (rule) Brad Lane v. Sharon Birline Young, Bridgette and William Wright and Rita Johnson (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
Downing , 935 S.W.2d at 114 ; Kobza , 109 S.W.3d at 95 (citing Downing v. Brown , 935 S.W.2d 112, 114 (Tex. 1996)).
cited Cited as authority (rule) Chavez v. Brownsville Independent School District
5th Cir. · 2005 · confidence medium
Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996) (“Ministerial actions require obedience to orders or the performance of a duty to which the actor has no choice.
discussed Cited as authority (rule) Whitesell v. Newsome Ex Rel. Doe (2×) also: Cited "see"
Tex. App. · 2004 · confidence medium
For example, in Myers v. Doe, 52 S.W.3d 391, 395-96 (Tex.App.-Fort Worth 2001, pet. denied), the court of appeals concluded that the school’s implementation of policies and procedures to address a specific instance of sexual abuse defined the “duties with such precision as to leave nothing to the exercise of Appellants’ judgment or discretion.” Id. at 396 (citing Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996)); cf. Kobza v. Kutac, 109 S.W.3d 89, 94-95 (Tex.App.-Austin 2003, pet. denied) (stating that teacher’s creation of “gag” newspaper article regarding student, although a vi…
discussed Cited as authority (rule) Clarence Whitesell v. Nellie Newsome, as Next Friend of Jane Doe, a Minor Child (2×) also: Cited "see"
Tex. App. · 2004 · confidence medium
For example, in Myers v. Doe , 52 S.W.3d 391 , 395 B 96 (Tex. App. C Fort Worth 2001, pet. denied), the court of appeals concluded that the school = s implementation of policies and procedures to address a specific instance of sexual abuse defined the A duties with such precision as to leave nothing to the exercise of Appellants = judgment or discretion. @ Id. at 396 (citing Downing v. Brown , 935 S.W.2d 112, 114 (Tex. 1996)); cf. Kobza v. Kutac , 109 S.W.3d 89 , 94 B 95 (Tex. App. C Austin 2003, pet. denied) (stating that teacher = s creation of A gag @ newspaper article regarding student, al…
discussed Cited as authority (rule) Rosencrans v. Altschuler
Tex. App. · 2004 · confidence medium
In Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996), the court decided whether the acts of a school teacher were ministerial or “required the exercise of judgment or discretion.” The court held that maintaining discipline in the classroom required the “exercise of judgment or discretion,” and that, therefore, the teacher was immune from liability.
discussed Cited as authority (rule) Elizabeth Kobza v. Gladys Kutac, as Mother and Next Friend of Aaron Kutac And Michelle Beyer
Tex. App. · 2003 · confidence medium
Ministerial acts are those “where the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.” Downing v. Brown, 935 S.W.2d 112, 114 (Tex. 1996) (quoting City of Lancaster v. Chambers, 883 S.W.2d 650, 654 (Tex. 1994)).
discussed Cited as authority (rule) Elizabeth Kobza v. Gladys Kutac, as Mother and Next Friend of Aaron Kutac And Michelle Beyer
Tex. App. · 2003 · confidence medium
Ministerial acts are those "where the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment." Downing v. Brown , 935 S.W.2d 112, 114 (Tex. 1996) (quoting City of Lancaster v. Chambers , 883 S.W.2d 650, 654 (Tex. 1994)).
discussed Cited as authority (rule) Kobza v. Kutac
Tex. App. · 2003 · confidence medium
Ministerial acts are those “where the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.” Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996) *95 (quoting City of Lancaster v. Chambers, 883 S.W.2d 650, 654 (Tex.1994)).
cited Cited as authority (rule) In the Interest of B.J., a Juvenile
Tex. App. · 2003 · confidence medium
CODE ANN. § 22.051 (Vernon 1996); Downing v. Brown, 935 S.W.2d 112, 113-14 (Tex.1996); Williams v. Chatman, 17 S.W.3d 694, 700 (Tex.App.-Amarillo 1999, pet. denied).
discussed Cited as authority (rule) Govant v. Houston Community College System
Tex. App. · 2002 · confidence medium
Ministerial acts are those wherein “ 'the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.’ ” Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996) (per curiam) (quoting City of Lancaster v. Chambers, 883 S.W.2d 650, 654 (Tex.1994)).
discussed Cited as authority (rule) Myers v. Doe (2×) also: Cited "see"
Tex. App. · 2001 · confidence medium
Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996); Kassen v. Hatley, 887 S.W.2d 4, 9 (Tex.1994); City of Lancaster v. Chambers, 883 S.W.2d 650, 654 (Tex.1994); Chesshir, 19 S.W.3d at 506 .
discussed Cited as authority (rule) Doe v. S & S Consolidated I.S.D.
E.D. Tex. · 2001 · confidence medium
Indeed, under Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996) (citation omitted), for purposes of § 22.051, “[m]inisterial acts are those ‘[[w]]here the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.’ ” Common sense tells the Court that, as a principal, Imbert had discretion in managing student-created disturbances.
cited Cited as authority (rule) Deaver v. Bridges
Tex. App. · 2001 · confidence medium
Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996).
cited Cited as authority (rule) Chesshir v. Sharp
Tex. App. · 2000 · confidence medium
Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996).
cited Cited as authority (rule) Enriquez v. Khouri
Tex. App. · 2000 · confidence medium
Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996). 13 .
discussed Cited as authority (rule) Morris v. Dearborne (2×)
5th Cir. · 1999 · confidence medium
A ministerial act is an act "[w]here the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment." Downing v. Brown, 935 S.W.2d 112, 114 (Tex. 1996)(citing City of Lancaster v. Chambers, 883 S.W.2d 650, 654 (Tex. 1994)).
discussed Cited as authority (rule) Korndorffer v. Baker
Tex. App. · 1998 · confidence medium
Discretionary v. Ministerial Acts Ministerial acts are those “[w]here the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.” Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996) (quoting Chambers, 883 S.W.2d at 653 ).
examined Cited as authority (rule) Foster v. Estrada (4×)
Tex. App. · 1998 · confidence medium
See Tex. Eduo.Code Ann. § 22.051 (Vernon 1996); Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996).
discussed Cited as authority (rule) Debo Puryear v. Carolyn Cockfield as Next Friend and Parent of Zutella Holmes, a Minor
Tex. App. · 1998 · confidence medium
A school teacher is not personally liable for any act that is incident to or within the scope of the teacher's duties and involves the exercise of the teacher's judgment or discretion, except in circumstances when a teacher uses excessive force in disciplining students or negligence resulting in bodily injury to students. (1) Downing v. Brown , 935 S.W.2d 112, 114 (Tex. 1996); Hopkins v. Spring Indep.
discussed Cited as authority (rule) Carey v. Aldine Independent School District
S.D. Tex. · 1998 · confidence medium
Tex.Educ.Code § 22.051(a). 13 Acts not involving “the exercise of judgment or discretion” are those “ ‘[w]here the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.’ ” Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996) (quoting City of Lancaster v. Chambers, 883 S.W.2d 650, 654 (Tex.1994)).
cited Cited as authority (rule) Darrell and Betty McIntosh, as Next Friends of Scott Bradley McIntosh, a Minor v. James Alexander, Ph.D.
Tex. App. · 1997 · confidence medium
Downing v. Brown , 935 S.W.2d 112, 114 (Tex. 1996); Kassen , 887 S.W.2d at 9 .
cited Cited "see" Max Curry, Jr. and Angela Sneed-Curry, A/N/F C.J.C., a Minor v. Shawn Dally, Brian White, Natasa Wroblski, and Katie Gordon
txctapp2 · 2026 · signal: see · confidence high
See Downing v. Brown, 935 S.W.2d 112 , 113–14 (Tex. 1996).
discussed Cited "see" City of El Paso and John F. Cook, in His Official Capacity as Mayor of El Paso v. Tom Brown Ministries, Word of Life Church of El Paso, Tom Brown, El Pasoans for Traditional Family Values and Ben Mendoza
Tex. App. · 2016 · signal: see · confidence high
See Downing v. Brown, 935 S.W.2d 112, 114 (Tex. 1996) (ministerial actions are duties that the law requires must be performed, and which require “obedience,” leaving the actor with no discretion or choice); see also Rosencrans v. Altschuler, 161 S.W.3d 517, 521 (Tex.App.-Eastland 2004, no pet.) (explaining, the distinction between ministerial actions that must be taken in the manner prescribed by law or duty, and discretionary actions involve “personal deliberation, decision, and judgment”).
discussed Cited "see" Leo v. Trevino
Tex. App. · 2006 · signal: see · confidence high
“An act is discretionary under Texas law if it requires personal deliberation, decision, and judgment.” Id. (citing Jolly v. Klein, 923 F.Supp. 931, 948 (S.D.Tex.1996)); see Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996) (per cu-riam).
discussed Cited "see" Untitled Texas Attorney General Opinion
Tex. Att'y Gen. · 2003 · signal: see · confidence high
See generally Downing v. Brown, 935 S.W.2d 112, 114 (Tex. 1996) (“Ministerial actions require obedience to orders or the performance of a duty to which the actor has no choice.“), First Nat7 Bank v. McElroy, 112 S.W. 801, 804 (Tex. Civ.
cited Cited "see, e.g." Untitled Texas Attorney General Opinion
Tex. Att'y Gen. · 2003 · signal: see also · confidence low
III, 4 52(a); see also id. art.
cited Cited "see, e.g." in the Matter of the Marriage of Jeremy Allen Royal and Adria Rene Royal and in the Interest of a Minor Child
Tex. App. · 2003 · signal: compare · confidence low
Compare Vondy, supra, with Downing v. Brown , 935 S.W.2d 112 (Tex. 1996).
discussed Cited "see, e.g." Ette Ex Rel. Ette v. Linn-Mar Community School District
Iowa · 2003 · signal: see, e.g. · confidence medium
See, e.g., Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996) (maintaining classroom discipline a discretionary function); Boyett v. Tomberlin, 678 So.2d 124, 127 (Ala.Civ.App.1996) (teacher’s decision to accept or reject student’s reason for leaving classroom “the epitome of a discretionary function”); Payne v. Twiggs County Sch.
cited Cited "see, e.g." Ware v. Miller
Tex. App. · 2002 · signal: compare · confidence low
Compare Vondy, supra, with Downing v. Brown, 935 S.W.2d 112 (Tex.1996).
examined Cited "see, e.g." Arthur Ware, Individually and as Potter County Judge v. Terry Miller, Potter County Constable, Precinct 2 (3×)
Tex. App. · 2002 · signal: see, e.g. · confidence low
See, e.g., Santoya v. Pereda, No. 2 We recognize the apparent conflict in the holdings of these cases that the commissioner’s court had a “ministerial” duty to exercise their discretion and the holding in Downing v. Brown, 935 S.W.2d 112 (Tex. 1996), that “ministerial acts are those [w]here the law prescribes and defines the duty to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.” Id. at 114 (quoting City of Lancaster v. Chambers, 883 S.W.2d 650, 654 (Tex. 1994)).
cited Cited "see, e.g." Arthur Ware, Individually and as Potter County Judge v. Terry Miller, Potter County Constable, Precinct 2
Tex. App. · 2002 · signal: compare · confidence low
Compare Vondy, supra, with Downing v. Brown , 935 S.W.2d 112 (Tex. 1996).
cited Cited "see, e.g." Arthur Ware, Individually and as Potter County Judge v. Terry Miller, Potter County Constable, Precinct 2
Tex. App. · 2002 · signal: compare · confidence low
Compare Vondy, supra, with Downing v. Brown , 935 S.W.2d 112 (Tex. 1996).
Retrieving the full opinion text from the archive…
Ruby Lee DOWNING, Individually and as Next Friend of Teresa Marie Gutierrez, Petitioner
v.
Lucy BROWN, Neal Logan, Ofelia Herrera, and Lubbock Independent School District, Respondents
96-0742.
Texas Supreme Court.
Dec 13, 1996.
935 S.W.2d 112
1996 Tex. LEXIS 170
1996 WL 714317
Dirk Dewolf Johnson, John J. C. O’Shea, Lubbock, for Petitioner., Ann Manning, Lubbock, for Respondents.
Per Curiam.
Cited by 52 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: Texas Attorney General Reports (1)
PER CURIAM.

The issue in this ease is whether a teacher has immunity under Tex.Educ.Code. § 22.051. Ruby Lee Downing, as next friend of her minor daughter, Teresa Maria Gutierrez, sued Lubbock Independent School District (LISD), one of its teachers, Ofelia Herrera, and other school officials for personal injuries Teresa sustained when another student assaulted Teresa on two separate occasions. The trial court granted all of the defendants’ motions for summary judgment based on qualified immunity provided by § 22.051. The court of appeals reversed only the summary judgment for Herrera. 925 S.W.2d 316. We disagree with the court of appeals about Herrera’s immunity. Because qualified immunity protects all of the defendants in this case, we affirm the court of appeals in part and reverse the court of appeals in part, and render judgment for Herrera.

In October 1991, Teresa attended elementary school in the LISD as a sixth grade student. Herrera was Teresa’s teacher. Another student, Leslie McDade, and some of McDade’s friends threatened Teresa. At her mother’s instruction, Teresa reported the threats to Herrera. Herrera kept Teresa and one of McDade’s friends, Tamasha Green, after class to settle their differences. After the meeting, Herrera felt that the problem had been resolved. Teresa, however, thought that Herrera’s actions worsened matters. According to Teresa, Herrera refused her requests to speak to the school’s principal about the threats.

Later, McDade threatened Teresa again. Teresa related the events in a daily journal entry to Herrera, who took no action. After school, McDade attacked Teresa. A teacher intervened and took Teresa to the principal. By affidavit, the principal stated that she was not aware of any conflict between the girls before that afternoon. The principal also stated that she observed no signs of major physical injury to Teresa. However, Teresa allegedly spent ten days in the hospital and underwent several surgeries. The principal suspended McDade, Green, and two other girls for three days. Teresa withdrew from school.

Teresa did not return to school until 1993 when she enrolled in an LISD junior high school. [1] Teresa attended this school despite being told that McDade and Green also attended the same school. On the first day of class, Green told Teresa that “she would not get out of the hospital this time.” Teresa informed the school counselor and the assistant principal. They instructed Teresa’s teachers to watch for any problems. Two days later, someone pushed Teresa into a stairwell wall. This aggravated her previous injuries. Teresa could not determine who pushed her, but McDade and Green were present. Teresa reported the incident to the school’s principal. The principal ordered an investigation into the incident. All the students Teresa identified as being involved in the incident denied it. Soon after, Teresa withdrew from the school. Later, Teresa’s mother, Downing, sued Herrera, LISD and others to recover for Teresa’s injuries and alleged constitutional violations.

The LISD Discipline Management Plan provides that teachers have the responsibility to: “Develop and maintain a Discipline Management Plan for their classrooms and to make all students aware of the plan, posting the rules.” The court of appeals held that this provision obligated LISD teachers to[*114] create and post such a plan. Herrera did not post a classroom discipline plan. These requirements, according to the court of appeals, are ministerial. Accordingly, because Herrera did not create or post a classroom discipline plan, the court of appeals held that she did not have immunity.

The Texas Education Code provides:

A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee’s position of employment and that involves the exercise of judgment or discretion on the part of the employee, except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students.

Tex.Educ.Code § 22.051(a). Here, Downing does not dispute that Herrera is a professional employee and that her acts were in the scope of her duties as a school district employee. Therefore, the only issue is whether Herrera’s actions were ministerial or “required the exercise of judgment or discretion.” We hold that maintaining classroom discipline requires the exercise of judgment or discretion. Therefore, Herrera has immunity in this case.

Ministerial acts are those “[w]here the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.” City of Lancaster v. Chambers, 883 S.W.2d 650, 654 (Tex.1994). Ministerial actions require obedience to orders or the performance of a duty to which the actor has no choice. Chambers, 883 S.W.2d at 654. On the other hand, if an action involves personal deliberation, decision and judgment, it is discretionary. Chambers, 883 S.W.2d at 654.

In our view, maintaining classroom discipline involves personal deliberation, decision and judgment. Moreover, LISD’s policy does not define teachers’ responsibilities with such precision to leave nothing to the exercise of a teacher’s judgment or discretion. To the contrary, the plan gave Herrera no guidelines about: (1) the contents and substance of the discipline management plan she was to develop and maintain for her classroom, (2) what types of disciplinary techniques to use, (3) what forms of student misconduct should result in disciplinary sanctions, (4) when or where to discipline her students, (5) which students should be referred to the principal’s office for discipline, (6) how to develop such a discipline management plan for her classroom, or (7) how to maintain such a plan. Each of these decisions, which Texas schools routinely leave to its teachers, require the use of professional judgment and discretion. See, e.g., Tex. Educ.Code § 37.002; see also Burton v. Kirby, 775 S.W.2d 834, 836 (Tex.App.—Austin 1989, no writ).

The court of appeals’ analysis of whether Herrera’s actions required discretion or judgment was too narrow. The court of appeals focused solely on whether Herrera created and posted a written classroom discipline plan. However, the focus should remain on whether maintaining classroom discipline is a discretionary function. See Chambers, 883 S.W.2d at 653. To separate the actions of creating and posting a classroom discipline plan from the broad responsibility of maintaining classroom discipline undermines the effect of the qualified immunity the Legislature meant for § 22.051 to provide.

Accordingly,' without hearing oral argument, the Court grants Herrera’s application for writ of error and denies Downing’s application for writ of error. Tex. R.App. P. 170. We reverse the court of appeals in part and render judgment for Herrera.

1

. Herrera was not a teacher at this school.