§ 38.215 — IMMUNITY FROM LIABILITY.

Texas § 38.215

• Jurisdiction: Texas
• Code ED: Education Code

Text

Sec. 38.215. IMMUNITY FROM LIABILITY. (a) A person who in good faith takes, or fails to take, any action under this subchapter is immune from civil or criminal liability or disciplinary action resulting from that action or failure to act, including:
(1) issuing an order for epinephrine delivery systems or medication for respiratory distress;
(2) supervising or delegating the administration of an epinephrine delivery system or medication for respiratory distress;
(3) possessing, maintaining, storing, or disposing of an epinephrine delivery system or medication for respiratory distress;
(4) prescribing an epinephrine delivery system or medication for respiratory distress;
(5) dispensing:
(A) an epinephrine delivery system; or
(B) medication for respiratory distress;
(6) administering, or assisting in administering, an epinephrine delivery system or medication for respiratory distress;
(7) providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, rules, or plans; or
(8) undertaking any other act permitted or required under this subchapter.
(b) The immunities and protections provided by this subchapter are in addition to other immunities or limitations of liability provided by law.
(c) Notwithstanding any other law, this subchapter 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 or omission under this subchapter.
(d) A cause of action does not arise from an act or omission described by this section.
(e) A school district, open-enrollment charter school, or private school and school personnel and school volunteers are immune from suit resulting from an act, or failure to act, under this subchapter, including an act or failure to act under related policies and procedures.
(f) An act or failure to act by school personnel or a school volunteer under this subchapter, including an act or failure to 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 open-enrollment charter school.
SUBCHAPTER E-1. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF OPIOID ANTAGONISTS

Legislative History

Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66 ), Sec. 2, eff. May 28, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579 ), Sec. 10, eff. May 22, 2017. Acts 2019, 86th Leg., R.S., Ch. 192 (H.B. 2243 ), Sec. 7, eff. May 24, 2019. Acts 2023, 88th Leg., R.S., Ch. 194 (S.B. 294 ), Sec. 12, eff. May 24, 2023. Acts 2025, 89th Leg., R.S., Ch. 67 (S.B. 1619 ), Sec. 12, eff. May 19, 2025.