Texas Education Code

Sec. § 37.0151
Report to Local Law Enforcement Regarding Certain Conduct Constituting Assault or Harassment; Liability


(a)

The principal of a public primary or secondary school, or a person designated by the principal under Subsection (c), may make a report to any school district police department, if applicable, or the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if, after an investigation is completed, the principal has reasonable grounds to believe that a student engaged in conduct that constitutes an offense under Section 22.01 (Assault) or 42.07 (Harassment)(a)(7), Penal Code.

(b)

A person who makes a report under this section may include the name and address of each student the person believes may have participated in the conduct.

(c)

The principal of a public primary or secondary school may designate a school employee, other than a school counselor, who is under the supervision of the principal to make the report under this section.

(d)

A person who is not a school employee but is employed by an entity that contracts with a district or school to use school property is not required to make a report under this section and may not be designated by the principal of a public primary or secondary school to make a report. A person who voluntarily makes a report under this section is immune from civil or criminal liability.

(e)

A person who takes any action under this section is immune from civil or criminal liability or disciplinary action resulting from that action.

(f)

Notwithstanding any other law, this section does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act under this section.

(g)

A school district and school personnel and school volunteers are immune from suit resulting from an act under this section, including an act under related policies and procedures.

(h)

An act by school personnel or a school volunteer under this section, including an act under related policies and procedures, is the exercise of judgment or discretion on the part of the school personnel or school volunteer and is not considered to be a ministerial act for purposes of liability of the school district or the district’s employees.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 4, eff. September 1, 2017.
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Last accessed
Jun. 7, 2021