§ 91.004.Applicability

Four limits, and together they mark the chapter's edges.

Subsection (a): the chapter does not apply to an act or omission that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others — the same exclusion the charitable immunity chapter uses.

Subsection (b) protects students against a misreading. The chapter does not limit the liability of a school district to its students, teachers, or staff, nor affect a school district's liability limits or immunities under the Tort Claims Act.

The protection runs to the practitioner. The school's position is exactly what it was — which, given the Tort Claims Act excludes school districts except as to motor vehicles, is already substantial.

Subsection (c) excludes governmental units and their employees as the Tort Claims Act defines them. A school district physician who is a district employee is covered by that Act rather than this chapter.

Subsection (d) preserves insurance claims: the chapter does not limit an insurer's liability in an action under the Insurance Code or for bad faith conduct, breach of fiduciary duty, or negligent failure to settle a claim.

That last provision matters because the chapter requires the practitioner to carry insurance. Conditioning protection on coverage would be hollow if the insurer could then handle the claim badly without consequence.

The recreational use damages cap carries the same preservation for the same reason.