Texas Codes
Tex. Penal Code § 9.62 (2026)
Educator-student
✓ current as of May 2026
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Sec. 9.62. EDUCATOR-STUDENT. The use of force, but not deadly force, against a person is justified:
(1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and
(2) when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
Cited in 16
cases (5 in the last 5 years), 1988–2025 · leading case: Moore v. Willis Indep. Sch. Dist., 233 F.3d 871 (5th Cir. 2000).
Moore v. Willis Indep. Sch. Dist., 233 F.3d 871 (5th Cir. 2000). “Texas Penal Code § 9.62 immunizes educators against criminal responsibility when they use non-lethal force against students, but only if they act reasonably: § 9.”
Ronald Lee Fee & Wife, Nancy Lee Fee, Individually & as Next Friends of Tracy John Fee, a Minor v. Joseph Milton Herndon, 900 F.2d 804 (5th Cir. 1990). “See Tex.Penal Code Ann. § 9.62 (Vernon 1974) (use of force, but not deadly force, justified in educator-student context); Tex.”
State v. Zascavage, 216 S.W.3d 495 (Tex. App. 2007). “3 Tex. Penal Code Ann. § 9.62 (Vernon 2003).”
Spacek v. Charles, 928 S.W.2d 88 (Tex. App. 1996). “912, the legislature has authorized the use of force by an educator if he is entrusted with the care, supervision, or administration of the person for a special purpose, and when and to the degree the educator reasonably believes force is necessary to further the special purpose…”
Serafin v. Sch. of Excellence in Educ., 252 F. App'x 684 (5th Cir. 2007). “Furthermore, the Texas statute governing the use of corporal punishment in schools, makes no differentiation between adults and minors, stating that all students are eligible to receive corporal punishment.”
Crowley Indep. Sch. Dist. v. Carl Stoneham, & Mike Morath, in His Off. Capacity as Comm'r of Educ. of Texas (Tex. App. 2025). “” Tex. Penal Code § 9.62. The Examiner recommended that the Board adopt her findings and conclusions and “enter an Order consistent therewith.”
Don Madden v. State Bd. for Educator Certification (Tex. App. 2014). “” See Tex. Penal Code § 9.62. Madden administered corporal punishment for two separate disciplinary infractions to seventh-grade student J.”
Allen Lee Smith v. State, 133 S.W.3d 665 (Tex. App. 2003). “Texas Penal Code section 9.62 provides: The use of force, but not deadly force, against a person is justified: (1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and (2) when and to the degree the actor reasonably…”
Cunningham ex rel. Cunningham v. Beavers, 858 F.2d 269 (5th Cir. 1988). “, Tex.Penal Code Ann. § 9.62 (Vernon); Tex.”
Harris Cnty. Dep't of Educ. v. Keith Montgomery (Tex. App. 2023). “1 In his brief, Montgomery asserts two points: (1) HCDE did not have administrative, subject-matter jurisdiction to vote to non-renew Montgomery’s contract; and (2) Montgomery was shielded by legislative immunity under Texas Penal Code § 9.62. However, Montgomery did not file a…”
Mull v. Houston Indep Sch Dist (5th Cir. 2022). “Texas Penal Code section 9.62 provides that: The use of force, but not deadly force, against a person is justified: (1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and (2) when and to the degree the actor…”
Farshid v. Allen Indep. Sch. Dist. (E.D. Tex. 2023). “See TEX. PENAL CODE ANN. § 9.62; see also Moore, 233 F.”
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