Texas Attorney General Opinion: GA-1008 Page: 3 of 4
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Ms. Mari Robinson - Page 3
147 (Tex. App.--Houston [1st Dist.] 2006, pet. denied). Consequently, depending on the facts, a
court could conclude that the TCA waives the Board's immunity from suit or liability for an
investigator's negligent use of a handgun.
Finally, you ask about the immunity provided by section 411.208 of the Government
Code, which provides:
(a) A court may not hold the state, an agency or subdivision of
the state, an officer or employee of the state, a peace officer, or a
qualified handgun instructor liable for damages caused by:
(1) an action authorized under this subchapter or a failure to
perform a duty imposed by this subchapter; or
(2) the actions of an applicant or license holder that occur
after the applicant has received a license or been denied a license
under this subchapter.
(b) A cause of action in damages may not be brought against the
state, an agency or subdivision of the state, an officer or employee
of the state, a peace officer, or a qualified handgun instructor for
any damage caused by the actions of an applicant or license holder
under this subchapter.
TEX. Gov'T CODE ANN. 411.208(a)-(b) (West 2012) (emphasis added). No court decision has
addressed this statute. Reading the statute as a whole, the apparent purpose of section 411.208 is
to immunize government actors who implement the CHL licensing process against claims based
on the later actions of licensees and applicants. See id. The statute's plain language, however, is
not limited to agencies involved in the CHL licensing process and extends immunity to all state
agencies for the actions of a CHL holder. Thus, a court could conclude that section
411.208(a)(2) provides immunity to a state employer for the actions of an employee who holds a
CHL and uses a handgun negligently while on the job. Given the lack of legal authority
interpreting section 411.208, however, we are unable to provide you with definitive guidance.(GA-1008)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-1008, text, June 10, 2013; (https://texashistory.unt.edu/ark:/67531/metapth1051211/m1/3/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.