§ 118.006.Waiver of Governmental Immunity; Official Immunity Abolished

Two immunities stood in the way of this chapter. This section removes both, and no further.

The school’s governmental immunity to suit and from liability is waived to the extent of the liability created by the chapter.

Both halves of immunity are named. Immunity from suit keeps a case from being heard; immunity from liability defeats it on the merits. Waiving one without the other would leave the claim stranded.

The waiver is measured by the chapter itself. It goes no further than the liability Section 118.002 creates, subject to the cap in Section 118.003.

A professional school employee may not assert official immunity in an action under this chapter — not under the Education Code’s own immunity subchapter, not at common law, and not under any other law.

That matters because Section 118.002(b) requires the employee to be named. A requirement to sue the employee would mean nothing if the employee could immediately claim immunity.

The Education Code protection is named expressly, which forecloses the argument that a general educator immunity statute survives alongside this chapter.

Outside this chapter, both immunities remain what they were. The waiver is written to the size of the claim and no larger.