HB4687

Regular Session

Relating to the applicability of certain immunity and liability laws to certain charter school campuses or programs.

ModeratePlan for compliance

Low Cost

Effective:2025-06-20

Enforcing Agencies

Texas Education Agency (TEA) • Texas Civil Courts (Judicial enforcement of immunity defenses)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate).
Compliance Deadline: Immediate. Legal counsel must assert these defenses in any active or future litigation filed on or after this date.
Agency Rulemaking: No formal rulemaking is mandated for the Texas Education Agency (TEA), but judicial interpretation of the scope of "operations" will evolve through case law.

Immediate Action Plan

Verify Authorization: Confirm your charter operates specifically under Subchapter C or Subchapter G of the Education Code.
Litigation Audit: Instruct outside counsel to review all pending tort claims and file a Plea to the Jurisdiction immediately to dismiss claims based on this new immunity.
Insurance Review: Contact your broker to discuss premium adjustments based on your new status as a government-immune entity.
Contract Update: Revise standard vendor contract templates to include non-waiver of immunity language.

Operational Changes Required

Contracts

Indemnification Clauses: Review all Master Services Agreements (MSAs) and vendor contracts. Ensure standard indemnification language does not inadvertently waive this new statutory immunity.
Non-Waiver Language: Insert a standard clause in all future contracts: *"Nothing in this Agreement shall be construed as a waiver of the School's governmental immunity."*

Hiring/Training

Board Recruitment: Leverage this statute to recruit high-level Board of Directors candidates who were previously hesitant due to personal liability concerns; they now possess statutory immunity similar to ISD trustees.
Volunteer Protocols: Update volunteer handbooks and waivers to explicitly state that volunteers are immune from liability to the same extent as school district volunteers.

Reporting & Record-Keeping

Board Minutes: Formally document the passage and applicability of HB4687 in the next board meeting minutes to establish an official record of the entity's protected status.
Incident Response: Adjust risk management protocols. Internal documentation of accidents must remain rigorous, but external communications regarding settlement offers must reflect that liability is now legally barred or capped.

Fees & Costs

Insurance Premiums: There are no new fees. Conversely, this law should reduce costs. Conduct an immediate insurance audit; Directors & Officers (D&O) and General Liability premiums may warrant reduction as the entity's risk profile has decreased to that of a government unit.

Strategic Ambiguities & Considerations

Scope of "Operations": For Adult Education charters, immunity applies to matters "related to the operation" of the program. Plaintiffs' attorneys may argue that ancillary events (e.g., third-party facility rentals or fundraising galas) fall outside "educational operations" to bypass immunity. Strict delineation of activities is required.
Immunity from Suit vs. Liability: The statutory text varies slightly between Subchapters. While the intent is parity with ISDs, courts may scrutinize whether the law grants immunity from *suit* (a jurisdictional bar preventing the lawsuit entirely) versus immunity from *liability* (an affirmative defense that must be proven).

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCivil Remedies & Liabilities Education Education--primary & Secondary Education--primary & Secondary--charter Schools

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 4687

By: Gervin-Hawkins

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The 76th Legislature passed H.B. 211, which granted statutory immunity from liability and suit to open-enrollment charter schools and their employees, volunteers, and board members, to the same extent as school districts, their employees, and their trustees. This has been substantiated in case law, particularly with the 2020 Texas Supreme Court decision of El Paso Education Initiative Inc. v. Amex Properties LLC, in which the court held that charter schools and their charter holders had governmental immunity from suit and liability to the same extent as public schools. H.B. 4687 seeks to align all charter schools operating under state law with existing immunity protections.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4687 amends the Education Code to establish that a member of the governing body of a charter school campus or program is immune from liability and suit to the same extent as a public school district trustee. The bill additionally establishes that, in matters related to the operation of an adult high school charter school program, an entity eligible for a charter to operate such a program is immune from liability and suit to the same extent as a school district, and the program's employees and volunteers are immune from liability and suit to the same extent as district employees and volunteers. The bill establishes that a member of the governing body of the entity is immune from liability and suit to the same extent as a district trustee.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

House Authors

Rep. Barbara Gervin-HawkinsDemocrat · Primary Author

Joint Authors

Terri Leo-Wilson (R)

Senate Sponsor

Sen. Paul BettencourtRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 4687

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the applicability of certain immunity and liability
	laws to certain charter school campuses or programs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 12.057(c), Education Code, is amended to
	read as follows:
	(c) A campus or program granted a charter under Section
	12.052, 12.0521(a)(1), or 12.053 is immune from liability to the
	same extent as a school district, and its employees and volunteers
	are immune from liability to the same extent as school district
	employees and volunteers. A member of the governing body of the
	campus or program is immune from liability and suit to the same
	extent as a school district trustee.
	SECTION 2. Subchapter G, Chapter 12, Education Code, is
	amended by adding Section 12.2525 to read as follows:
	Sec. 12.2525. IMMUNITY FROM LIABILITY AND SUIT. An
	eligible entity granted a charter under this subchapter is immune
	from liability and suit in matters related to the operation of an
	adult education program under the charter to the same extent as a
	school district, and its employees and volunteers are immune from
	liability and suit to the same extent as school district employees
	and volunteers. A member of the governing body of the entity is
	immune from liability and suit to the same extent as a school
	district trustee.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 28, 2025

TO:	Honorable Brad Buckley, Chair, House Committee on Public Education

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB4687 by Gervin-Hawkins (Relating to the applicability of certain immunity and liability laws to certain charter school campuses or programs.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

701 Texas Education Agency

LBB Staff:

JMc, NC, SL, ANa

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Frequently Asked Questions

Common questions about HB4687

What does Texas HB4687 do?

HB4687 immediately extends governmental immunity from liability and suit to district-authorized (Subchapter C) and adult education (Subchapter G) charter schools, granting them the same legal protections as Independent School Districts (ISDs). This legislation significantly caps tort exposure for operators, board members, employees, and volunteers, fundamentally altering the risk profile for these specific entities. Implementation Timeline Effective Date: June 20, 2025 (Immediate).

Who authored HB4687?

HB4687 was authored by Texas Representative Barbara Gervin-Hawkins during the Regular Session.

When was HB4687 signed into law?

HB4687 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB4687?

HB4687 is enforced by Texas Education Agency (TEA) and Texas Civil Courts (Judicial enforcement of immunity defenses).

How urgent is compliance with HB4687?

The compliance urgency for HB4687 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB4687?

The cost impact of HB4687 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB4687 address?

HB4687 addresses topics including civil remedies & liabilities, education, education--primary & secondary and education--primary & secondary--charter schools.

Legislative data provided by LegiScanLast updated: November 25, 2025

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