§ 84.0067.Liability Arising from Provision of Security Services to Religious Organization
Title 4. Liability in Tort · Chapter 84. Charitable Immunity and Liability · Last amended 2023 · Last verified August 29, 2026
Full Text of § 84.0067
Plain-English Summary
An immunity notable for what it expressly includes.
A religious organization or its security personnel is immune from civil liability for any act or omission by the security personnel resulting in death, damage, or injury if the personnel were acting in the course and scope of their employment or volunteer duties to provide security services to the organization — including, notwithstanding the applicability section, an intentional act, and an act involving possession or use of a firearm.
The "notwithstanding" clause is the operative part. The chapter's applicability section says it does not apply to an act that is intentional, wilfully negligent, or done with conscious indifference. This section overrides that for security personnel.
The override is necessary for the immunity to mean anything. Security work is intentional by nature — restraining someone, using force, drawing a weapon are all deliberate acts, and an immunity excluding intentional conduct would not cover the job.
The firearm clause makes the point explicit. Texas congregations may have armed volunteer security teams, and the provision covers possession and use.
"Security personnel" covers both an individual hired as an employee to provide security and a volunteer whose duties include providing security services, so a paid guard and a volunteer team member are treated alike.
"Religious organization" takes its meaning from the Religious Freedom chapter, and the course and scope requirement remains the boundary — conduct outside the security role is not covered.
Frequently Asked Questions
Is a church security team protected from liability in Texas?
Yes. A religious organization and its security personnel are immune for acts within the course and scope of providing security services, including intentional acts and acts involving possession or use of a firearm.
Does the chapter's intentional conduct exclusion apply?
No. This section expressly overrides it, which is necessary because security work is intentional by nature.
Does it cover volunteers as well as paid guards?
Yes. "Security personnel" covers both an employee hired to provide security and a volunteer whose duties include it.
Amendment History
- Added by Acts 2023, 88th Leg., R.S., Ch. 1138 (S.B. 694), Sec. 1, eff. September 1, 2023.