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Signed Into Law
Signed June 20, 2025Effective 2025-06-20
HB4687

Regular Session

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

Government Affairs & Regulatory Compliance Analysis

HB4687: Government Affairs Overview

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.

Rep. Barbara Gervin-Hawkins·House Bill·Regular Session

Moderate
Low Cost
Effective:2025-06-20
Business Impact

Who HB4687 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: moderate

Notable regulatory updates (effective 2025-06-20). Consider how these changes may affect your operations.

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Education

Affected business types:

  • School districts
  • Charter schools
  • Private schools
  • Education service providers
View all education legislation

Key Operational Considerations

  • 1Indemnification Clauses: Review all Master Services Agreements (MSAs) and vendor contracts. Ensure standard indemnification language does not inadvertently waive this new statutory immunity.
  • 2Non-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."*
  • 3Volunteer Protocols: Update volunteer handbooks and waivers to explicitly state that volunteers are immune from liability to the same extent as school district volunteers.

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

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HB4687
Relating to the applicability of certain immunity and liability laws to certain charter school campuses or programs.
Moderate Urgency
Heavily Contested
House Vote115 - 27
YEA
NAY
81% in favor142 voting
Senate Vote29 - 2
YEA
94% in favor31 voting
29
Total Opposition Votes
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
Texas Civil CourtsTEA
Primary Author: Rep. Barbara Gervin-Hawkins
89th Texas Legislature
jdkey.com
01

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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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 12, 2025
Passed House
May 14, 2025
Passed Senate
May 27, 2025
Signed
Jun 20, 2025
Effective
Jun 20, 2025
TopicsCivil Remedies & LiabilitiesEducationEducation--primary & SecondaryEducation--primary & Secondary--charter Schools
03

House Authors

Rep. Barbara Gervin-HawkinsDemocrat · Primary Author
Joint Authors

Senate Sponsor

Sen. Paul BettencourtRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Barbara Gervin-Hawkins

View all bills by Rep. Barbara Gervin-Hawkins

Related by Topic

View more Civil Remedies & Liabilities legislation
Quick Reference

Frequently Asked Questions

Common questions about HB4687

Q

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.

Q

Who authored HB4687?

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

Q

When was HB4687 signed into law?

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

Q

Which agencies enforce HB4687?

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

Q

How significant are the changes in HB4687?

The regulatory priority for HB4687 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

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.

Q

What topics does HB4687 address?

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

Q

What are the key dates for HB4687?

Key dates for HB4687: Effective date is 2025-06-20. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026