Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE C. LOCAL ORGANIZATION AND GOVERNANCE · CHAPTER 12. CHARTERS
Texas Codes

Tex. Educ. Code § 12.1056 (2026)

Immunity From Liability And Suit

✓ current as of May 2026
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Sec. 12.1056. IMMUNITY FROM LIABILITY AND SUIT. (a) In matters related to operation of an open-enrollment charter school, an open-enrollment charter school or charter holder is immune from liability and suit to the same extent as a school district, and the employees and volunteers of the open-enrollment charter school or charter holder are immune from liability and suit to the same extent as school district employees and volunteers. A member of the governing body of an open-enrollment charter school or of a charter holder is immune from liability and suit to the same extent as a school district trustee.

(b) An open-enrollment charter school is a governmental unit as defined by Section 101.001, Civil Practice and Remedies Code, and is subject to liability only as provided by Chapter 101, Civil Practice and Remedies Code, and only in the manner that liability is provided by that chapter for a school district.

(c) An open-enrollment charter school is a local government as defined by Section 102.001, Civil Practice and Remedies Code, and a payment on a tort claim must comply with Chapter 102, Civil Practice and Remedies Code.

(d) An open-enrollment charter school is a local governmental entity as defined by Section 271.151, Local Government Code, and is subject to liability on a contract as provided by Subchapter I, Chapter 271, Local Government Code, and only in the manner that liability is provided by that subchapter for a school district.

Amended by Acts 1999, 76th Leg., ch. 1335, Sec. 1, eff. June 19, 1999. Renumbered from Sec. 12.105(c) and amended by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 922 (H.B. 1171), Sec. 1, eff. June 18, 2015.

Notes of Decisions
Cited in 30 cases (11 in the last 5 years), 2004–2025 · leading case: Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018).
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Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). · cites it 3× “Laws 3187 (codified as TEX. EDUC. CODE § 12.1056(a) ). More recently, we have noted other "instances in which the [Charter Schools Act] treats open-enrollment charter schools as governmental entities," making them • a governmental unit under the Tort Claims Act and subject to…”
Neighborhood Centers Inc. v. Doreatha Walker, 544 S.W.3d 744 (Tex. 2018). · cites it 7× “”16 Accordingly, the court affirmed the trial court’s order.17 We granted the School’s petition for review.”
LTTS Charter Sch., Inc. v. C2 Constr., Inc., 342 S.W.3d 73 (Tex. 2011). · cites it 4× “" TEX. EDUC.CODE § 12.1056 (emphasis added).”
LTTS Charter Sch., Inc. v. C2 Constr., Inc., 358 S.W.3d 725 (Tex. App. 2012). · cites it 8× “1056 of the education code, see Tex. Educ.Code Ann. § 12.1056 (West 2006); (3) the evidence raises a fact issue as to whether any immunity from suit as to C2 Construction’s claims was waived pursuant to Texas Local Government Code section 271.”
Neighborhood Centers Inc. v. Doreatha Walker, 499 S.W.3d 16 (Tex. App. 2016). · cites it 11× “June 18, 2015 (codified as Tex Educ. Code § 12.1056). 5 The Legislature also added section 12.”
Ltts Charter Sch., Inc. v. Palasota, 293 S.W.3d 830 (Tex. App. 2009). · cites it 2× “” See Tex. Educ.Code Ann. § 12.1056. That section does not say open-enrollment charter schools and public school districts are the same.”
Morrone v. Prestonwood Christian Academy, 215 S.W.3d 575 (Tex. App. 2007). “See Tex Educ.Code Ann. § 12.1056 (Vernon 2006).”
Terrell v. Texas Serenity Academy, Inc., 290 S.W.3d 424 (Tex. App. 2009). “” Tex. Educ.Code Ann. § 12.1056 (Vernon 2006).”
Rosencrans v. Altschuler, 161 S.W.3d 517 (Tex. App. 2004). “Altschuler specially excepted to Rosen-crans’s petition, asserting that, as an employee of an open-enrollment charter school, he was immune from liability for Rosencrans’s claims under TEX. EDUC. CODE ANN. § 12.1056 (Vernon Supp.”
TGP Pub. Schs., Inc., D/B/A the Gathering Place v. Powell Law Grp., LLP, as Successor in Interest to Powell, Youngblood & Taylor, LLP (Tex. App. 2024). · cites it 3× “See Tex. Educ. Code § 12.1056(a); see also El Paso Educ.”
The El Paso Educ. Initiative, Inc., D/B/A Burnham Wood Charter Sch. v. Amex Props., LLC (Tex. 2020). · cites it 3× “36 TEX. EDUC. CODE § 12.1056(a). We previously considered section 12.”
IDEA Pub. Schs. v. Wyatt Truscheit (Tex. App. 2022). · cites it 2× “TEX. EDUC. CODE ANN. § 12.1056; see El Paso Educ.”
Show all 30 citing cases →
— Tex. Educ. Code § 12.1056(a) — 9 cases
Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). “Laws 3187 (codified as TEX. EDUC. CODE § 12.1056(a) ). More recently, we have noted other "instances in which the [Charter Schools Act] treats open-enrollment charter schools as governmental entities," making them • a governmental unit under the Tort Claims Act and subject to…”
Neighborhood Centers Inc. v. Doreatha Walker, 544 S.W.3d 744 (Tex. 2018). “”16 Accordingly, the court affirmed the trial court’s order.17 We granted the School’s petition for review.”
Neighborhood Centers Inc. v. Doreatha Walker, 499 S.W.3d 16 (Tex. App. 2016). “June 18, 2015 (codified as Tex Educ. Code § 12.1056). 5 The Legislature also added section 12.”
TGP Pub. Schs., Inc., D/B/A the Gathering Place v. Powell Law Grp., LLP, as Successor in Interest to Powell, Youngblood & Taylor, LLP (Tex. App. 2024). “See Tex. Educ. Code § 12.1056(a); see also El Paso Educ.”
The El Paso Educ. Initiative, Inc., D/B/A Burnham Wood Charter Sch. v. Amex Props., LLC (Tex. 2020). “36 TEX. EDUC. CODE § 12.1056(a). We previously considered section 12.”
— Tex. Educ. Code § 12.1056(b) — 4 cases
Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). “Laws 3187 (codified as TEX. EDUC. CODE § 12.1056(a) ). More recently, we have noted other "instances in which the [Charter Schools Act] treats open-enrollment charter schools as governmental entities," making them • a governmental unit under the Tort Claims Act and subject to…”
Neighborhood Centers Inc. v. Doreatha Walker, 544 S.W.3d 744 (Tex. 2018). “”16 Accordingly, the court affirmed the trial court’s order.17 We granted the School’s petition for review.”
Neighborhood Centers Inc. v. Doreatha Walker, 499 S.W.3d 16 (Tex. App. 2016). “June 18, 2015 (codified as Tex Educ. Code § 12.1056). 5 The Legislature also added section 12.”
Ukpong v. Int'l Leadership of Texas (N.D. Tex. 2021).
— Tex. Educ. Code § 12.1056(d) — 3 cases
TGP Pub. Schs., Inc., D/B/A the Gathering Place v. Powell Law Grp., LLP, as Successor in Interest to Powell, Youngblood & Taylor, LLP (Tex. App. 2024). “See Tex. Educ. Code § 12.1056(a); see also El Paso Educ.”
Jubilee Academic Ctr., Inc. v. Sch. Model Support, LLC D/B/A Athlos Academies (Tex. App. 2024).
The El Paso Educ. Initiative, Inc., D/B/A Burnham Wood Charter Sch. v. Amex Props., LLC (Tex. 2020). “36 TEX. EDUC. CODE § 12.1056(a). We previously considered section 12.”
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