Texas law on any date › Government Code
Government Code §411.208
In force on Sep 01, 2017 · this text took effect Sep 01, 2017 · same as today's text
LIMITATION OF LIABILITY
(a) A court may not hold the state, an agency or subdivision of the state, an officer or employee of the state, an institution of higher education, an officer or employee of an institution of higher education, a private or independent institution of higher education that has not adopted rules under Section 411.2031 (e), an officer or employee of a private or independent institution of higher education that has not adopted rules under Section 411.2031 (e), a peace officer, a qualified handgun instructor, or an approved online course provider liable for damages caused by:
(1) an action authorized under this subchapter or a failure to perform a duty imposed by this subchapter; or
(2) the actions of an applicant or license holder that occur after the applicant has received a license or been denied a license under this subchapter.
(b) A cause of action in damages may not be brought against the state, an agency or subdivision of the state, an officer or employee of the state, an institution of higher education, an officer or employee of an institution of higher education, a private or independent institution of higher education that has not adopted rules under Section 411.2031 (e), an officer or employee of a private or independent institution of higher education that has not adopted rules under Section 411.2031 (e), a peace officer, a qualified handgun instructor, or an approved online course provider for any damage caused by the actions of an applicant or license holder under this subchapter.
(c) The department is not responsible for any injury or damage inflicted on any person by an applicant or license holder arising or alleged to have arisen from an action taken by the department under this subchapter.
(d) The immunities granted under Subsections (a), (b), and (c) do not apply to:
(1) an act or a failure to act by the state, an agency or subdivision of the state, an officer of the state, an institution of higher education, an officer or employee of an institution of higher education, a private or independent institution of higher education that has not adopted rules under Section 411.2031 (e), an officer or employee of a private or independent institution of higher education that has not adopted rules under Section 411.2031 (e), or a peace officer if the act or failure to act was capricious or arbitrary; or
(2) any officer or employee of an institution of higher education or private or independent institution of higher education described by Subdivision (1) who possesses a handgun on the campus of that institution and whose conduct with regard to the handgun is made the basis of a claim for personal injury or property damage.
(e) The immunities granted under Subsection (a) to a qualified handgun instructor or approved online course provider do not apply to a cause of action for fraud or a deceptive trade practice.
(f) For purposes of this section:
(1) "Campus" has the meaning assigned by Section 411.2031 .
(2) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003 , Education Code.
History: Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730 ), Sec. 11.19, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11 ), Sec. 2, eff. August 1, 2016. Acts 2017, 85th Leg., R.S., Ch. 1099 (H.B. 3784 ), Sec. 10, eff. September 1, 2017.
Source: the Legislature's file server, seen Jan 22, 2019 to Nov 08, 2026.
Every version on file
- Effective Sep 01, 2017 · seen Jan 2019–Nov 2026
- Effective Sep 01, 2017 · seen May 2018–May 2018
Attorney General opinions that cite it
- GA-0972 (May 11, 2012): Authority of an employer to ban the transport and storage of handguns by concealed handgun license holders in locked private vehicles on employee parking lots
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.