Texas House bill by Rep. Gervin-Hawkins extends liability immunity to charter school campuses and programs

Passed bill authored by State Rep. Barbara Gervin-Hawkins aims to align liability protections for charter school campuses and programs with those of traditional school districts, extending immunity to employees, volunteers, and governing members, according to the Texas Legislature website.

In the House, 58 Democrats and 57 Republicans voted in favor of the bill, while two Democrats and 25 Republicans opposed it.

Meanwhile, in the Senate, 10 Democrats and 19 Republicans voted in favor, while one Democrat and one Republican voted against it.

Barbara Gervin-Hawkins introduced the bill in the Texas House on Wednesday, March 12, during the 89th regular legislative session.

Gervin-Hawkins graduated from Eastern Michigan University in 1975 with a BBA.

Gervin-Hawkins, a Democrat, was elected to the Texas State House in 2017 to represent the state’s 120th House district, replacing previous state representative Laura Thompson.

According to the Texas Legislature, the bill’s official text was summarized as follows: ‘Relating to the applicability of certain immunity and liability laws to certain charter school campuses or programs’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends the Education Code to provide immunity from liability for charter school campuses or programs, aligning them with protections granted to school districts. Specifically, it extends the same level of immunity to campuses or programs chartered under Sections 12.052, 12.0521(a)(1), or 12.053, as well as adult education programs under a charter. This immunity applies to employees, volunteers, and governing body members, equal to that of school district employees, volunteers, and trustees. It either takes effect immediately with a two-thirds majority vote in both legislative houses or on Sept. 1, 2025, if the required vote is not achieved.

The bill was co-authored by Rep. Terri Leo-Wilson (Republican – District 23).

The bill received its final legislative approval on Tuesday, May 27, and was signed into law by Gov. Greg Abbott on Friday, June 20.

Bills in Texas go through a multi-step legislative process, including committee review, debates, and votes in both chambers before reaching a final decision. Each session, there are typically thousands of bills introduced, but only a portion successfully navigate the process to become law.

You can read more about the bills and other measures here.