Sec. 22.0511. IMMUNITY FROM LIABILITY. (a) 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.
(b) This section does not apply to the operation, use, or maintenance of any motor vehicle.
(c) In addition to the immunity provided under this section and under other provisions of state law, an individual is entitled to any immunity and any other protections afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et seq.), as amended. Nothing in this subsection shall be construed to limit or abridge any immunity or protection afforded an individual under state law. For purposes of this subsection, "individual" includes a person who provides services to private schools, to the extent provided by federal law.
(d) A school district may not by policy, contract, or administrative directive:
(1) require a district employee to waive immunity from liability for an act for which the employee is immune from liability under this section; or
(2) require a district employee who acts in good faith to pay for or replace property belonging to a student or other person that is or was in the possession of the employee because of an act that is incident to or within the scope of the duties of the employee's position of employment.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Renumbered from Sec. 22.051 and amended by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 116 (S.B. 370), Sec. 1, eff. May 17, 2007.
Notes of Decisions
Calvin Walker v. Beaumont Indep Sch. Dist, 938 F.3d 724 (5th Cir. 2019).
“See also TEX. EDUC. CODE § 22.0511 (immunity of professional employee of school district from personal liability for act incident to or within the scope of duties that involves exercise of judgment or discretion except for using excessive force with discipline or negligence…”
Gil Ramirez Grp., L.L.C. v. Houston Indep. Sch. Dist., 786 F.3d 400 (5th Cir. 2015).
· cites it 3× “Second, Marshall argues that he is separately entitled to professional immunity under the Texas Education Code § 22.0511. The district court granted summary judgment in Marshall’s favor on the first basis.”
Leo v. Trevino, 285 S.W.3d 470 (Tex. App. 2006).
· cites it 2× “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…”
Ollie, Dorothy v. Plano Indep. Sch. Dist., 383 S.W.3d 783 (Tex. App. 2012).
“2012) (except in circumstances in which professional employee of school district uses excessive force in discipline of student or negligence resulting in bodily injury to students, professional employee of school district is not personally liable for any act that is incident to…”
Gonzalez v. Grimm, 353 S.W.3d 270 (Tex. App. 2011).
· cites it 6× “egations of malicious criminal prosecution and asserted three affirmative defenses of immunity: (1) that all of her complained-of actions were incident to or within the scope of her duties of employment as a professional employee of the El Paso Independent School District and…”
Hous. Indep. Sch. Dist. v. Durrell, 547 S.W.3d 299 (Tex. App. 2018).
“Tex. Educ. Code § 22.0511(a). HISD claims both governmental immunity and sovereign immunity; however, independent school districts such as HISD enjoy governmental immunity, not sovereign immunity.”
Morrone v. Prestonwood Christian Academy, 215 S.W.3d 575 (Tex. App. 2007).
“051(a) (1995), both provide: 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…”
Darlene Fike as Next Friend of Hunter E. Bodine, a Minor Child v. Travis Miller, 437 S.W.3d 640 (Tex. App. 2014).
· cites it 5× “2 However, she then abandoned that argument, contending instead that Miller, Gregory, and LISD are not immune from suit as to her claims brought under Title 42, United States Code, Section 1983 , and Texas Education Code Section 22.0511. Therefore, she urged that the trial court…”
Robinson v. Brannon, 313 S.W.3d 860 (Tex. App. 2010).
“Tex. Educ.Code Ann. § 22.0511(a) (Vernon 2006).”
— Tex. Educ. Code § 22.0511(a) — 19 cases
Gil Ramirez Grp., L.L.C. v. Houston Indep. Sch. Dist., 786 F.3d 400 (5th Cir. 2015).
“Second, Marshall argues that he is separately entitled to professional immunity under the Texas Education Code § 22.0511. The district court granted summary judgment in Marshall’s favor on the first basis.”
Hous. Indep. Sch. Dist. v. Durrell, 547 S.W.3d 299 (Tex. App. 2018).
“Tex. Educ. Code § 22.0511(a). HISD claims both governmental immunity and sovereign immunity; however, independent school districts such as HISD enjoy governmental immunity, not sovereign immunity.”
Gonzalez v. Grimm, 353 S.W.3d 270 (Tex. App. 2011).
“egations of malicious criminal prosecution and asserted three affirmative defenses of immunity: (1) that all of her complained-of actions were incident to or within the scope of her duties of employment as a professional employee of the El Paso Independent School District and…”
— Tex. Educ. Code § 22.0511(b) — 1 case
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