BBE(LEGAL) - BOARD MEMBERS: AUTHORITY

Protections for Legislative Activity

A local officer, including a board member, may not be subject to disciplinary action or a sanction, penalty, disability, or liability for:

  1. An action permitted by law that the officer takes in the officer's official capacity regarding a legislative measure;
  2. Proposing, endorsing, or expressing support for or opposition to a legislative measure or taking any action permitted by law to support or oppose a legislative measure;
  3. The effect of a legislative measure or of a change in law proposed by a legislative measure on any person; or
  4. A breach of duty, in connection with the member's practice of or employment in a licensed or regulated profession or occupation, to disclose to any person information, or to obtain a waiver or consent from any person, regarding the officer's actions relating to a legislative measure; or the substance, effects, or potential effects of a legislative measure.

Gov't Code 572.059

Offenses Regarding Records and Information

A person commits an offense if the person:

  1. Willfully destroys, mutilates, removes without permission as provided by Government Code Chapter 552 (the Public Information Act), or alters public information; or
  2. Distributes information considered confidential under the terms of Government Code Chapter 552.

Gov't Code 552.351–.352

[For information regarding the offenses of destruction or alienation of record and tampering with governmental record, see CP(LEGAL). For information regarding misuse of official information, see BBFB(LEGAL).]

Board Member Immunities

The statutory immunity detailed below is in addition to and does not preempt the common law doctrine of official and governmental immunity. Education Code 22.051(b)

State Law Immunities

A board member is not personally liable for any act that is incident to or within the scope of the duties of the board member's position and that involves the exercise of judgment or discretion. Education Code 22.0511(a)

Region III Education Service Center

BBE(LEGAL)-ESCA

UPDATE 25

DATE ISSUED: 7/6/2020