What Texas Churches Need to Know About SB 694 and Security Team Insurance: Key Takeaways
Does Texas SB 694 mean my church does not need liability insurance for its security team?
No. While SB 694 may provide civil immunity from certain damages in qualifying situations, it does not necessarily prevent a lawsuit from being filed against the church, its volunteers, or other parties. Even when immunity ultimately applies, churches may still incur significant legal defense costs. Liability insurance may help cover defense expenses and other covered claims that the statute itself does not address.
Will my church's General Liability policy cover an armed volunteer security team?
Not necessarily. Some church General Liability policies contain exclusions, limitations, or underwriting restrictions related to firearms, weapons, or armed security activities. Church leaders should carefully review their coverage with their insurance professional and carrier before authorizing any volunteer to serve in an armed security capacity.
Do unpaid church security volunteers need to be licensed as private security personnel in Texas?
Texas law provides certain exemptions for qualifying church security teams composed entirely of unpaid volunteers. However, a statutory exemption from private security licensing requirements does not automatically guarantee insurance coverage for the activities of those volunteers. Coverage depends on the specific terms, conditions, exclusions, and endorsements contained within the church's insurance policy.
Please note: This article is provided for general informational purposes only and should not be construed as legal advice, insurance coverage advice, or a guarantee of coverage. Churches should consult qualified legal counsel regarding applicable laws and review their specific insurance policies with a licensed insurance professional. Coverage is subject to policy terms, conditions, limitations, exclusions, and carrier underwriting guidelines.
Texas Senate Bill 694 (SB 694) is a Texas law that provides certain civil liability protections to qualifying religious organizations and their designated paid or volunteer security personnel for actions taken while providing security services in circumstances covered by the statute. While the law may provide immunity from certain damages, it does not necessarily prevent lawsuits from being filed or eliminate the cost of defending a claim. As a result, churches should evaluate both their legal protections and their insurance coverage when operating a security ministry.
Understanding the Relationship Between Texas Law and Church Insurance Coverage
Texas churches have become increasingly focused on safety and security in recent years. Many congregations have established volunteer safety teams, implemented emergency response procedures, and invested in training designed to protect members and visitors during critical incidents.
As churches evaluate these security measures, it is important to understand the distinction between legal protections and insurance protection. While Texas law may provide certain statutory protections, those protections do not eliminate all potential legal or financial exposures.
This distinction is where many church leaders misunderstand the practical impact of Texas Senate Bill 694 (SB 694).
SB 694 may provide civil immunity from damages in certain circumstances involving volunteer church security teams. However, immunity from damages does not necessarily prevent litigation from occurring. A church may still be required to respond to allegations, retain legal counsel, participate in court proceedings, and incur significant defense costs before immunity is recognized and enforced.
The practical takeaway is that churches should not assume SB 694 eliminates the need for appropriate liability insurance protection for volunteer security operations, including armed security teams.
What Could Happen After a Security Incident?
Consider the following hypothetical example:
Members of a church's volunteer security team respond to an armed threat during a worship service. Acting in good faith and consistent with their training, the volunteers intervene and help stop the threat. Following an investigation, law enforcement determines the volunteers acted lawfully and appropriately under the circumstances.
Despite the successful response, a third party alleges they suffered bodily injury during the incident and files a negligence lawsuit against the church and the individuals involved.
Church leadership believes SB 694 applies, and legal counsel agrees. After legal proceedings, the court ultimately determines that the church and volunteers qualify for statutory immunity and dismisses the claims.
Although the church prevails, legal fees and related defense costs may still have been incurred throughout the process. If the church's insurance policy excludes firearm-related incidents or security operations, the carrier may deny coverage for the defense, potentially leaving the church responsible for those expenses.
While actual outcomes vary depending on the facts, applicable law, and policy provisions, this example illustrates why civil immunity should not be viewed as a substitute for risk management and insurance planning.
What Does Texas Senate Bill 694 Actually Protect?
Texas Senate Bill 694 provides certain religious organizations and designated security personnel with civil immunity from damages under specific circumstances involving responses to active shooters or imminent threats of serious bodily injury.
The Relationship Between SB 694 and SB 535
SB 694 works alongside SB 535, which clarified that licensed handgun carriers may generally carry in a church or place of worship unless the property owner has chosen to prohibit firearms through legally compliant notice, including signage authorized under Texas Penal Code Sections 30.06 and 30.07.
Together, these laws provide important protections and legal clarifications for Texas faith-based organizations that choose to implement security measures. However, neither law guarantees insurance coverage, nor do they eliminate the possibility of litigation.
The Important Distinction: Immunity From Damages vs. Being Sued
One of the most significant misunderstandings surrounding SB 694 involves the distinction between immunity from damages and immunity from the litigation process itself.
Even when a church may ultimately qualify for statutory immunity, a claimant can still file a lawsuit alleging negligence or other wrongdoing. The church may still need to hire counsel, respond to legal filings, participate in discovery, and seek dismissal based on the immunity provided by law.
In practical terms, immunity may serve as a legal defense, but obtaining that protection through the court system can still involve substantial time and legal expense.
For this reason, churches should consider both their legal protections and their insurance protections when evaluating security-related risks.
How Does the Texas Private Security Act Affect Churches?
Church leaders must also understand how Texas private security laws apply to volunteer security teams.
The Texas Attorney General has previously addressed the application of the Private Security Act (Chapter 1702 of the Texas Occupations Code) to church security teams composed entirely of unpaid volunteers. Generally speaking, qualifying volunteer church security teams may not be required to register as licensed private security providers under the same requirements that apply to commercial security companies.
However, a statutory exemption from licensing requirements should not be interpreted as an assurance that insurance coverage automatically exists.
Insurance carriers evaluate risk independently and may impose underwriting requirements, exclusions, reporting obligations, or specific conditions relating to security operations, firearms exposure, or volunteer activities.
Churches should confirm with their insurance professional how their specific policies respond to both armed and unarmed security operations.
Why Insurance Coverage Still Matters
A properly structured insurance program can provide benefits that statutory immunity alone cannot.
Churches do not purchase liability insurance solely for the possibility of paying a settlement or judgment. Equally important is the insurance carrier's duty to investigate claims, provide legal defense where covered, and fund those defense costs.
A common risk management concern arises when church leaders assume either:
· They do not need insurance because statutory immunity exists; or
- Their current General Liability policy automatically covers all security team activities.
Neither assumption should be made without a detailed coverage review.
Many General Liability policies are designed primarily for traditional church operations and may contain exclusions or limitations relating to firearms, weapons, law enforcement-style activities, security operations, or intentional acts.
Accordingly, churches should never assume coverage exists simply because a policy has been issued.
Questions Every Church Should Ask Its Insurance Professional
Before implementing or expanding a church security program, leadership should discuss the following questions with its insurance advisor:
· Does our policy contain any firearms or weapons exclusions?
- Are armed volunteer security team members covered under the policy?
- Are unarmed security volunteers covered?
- Are volunteers considered insureds under the policy?
- Does the policy provide a duty to defend?
- Does the insurer appoint and pay legal counsel?
- Are defense costs paid inside or outside policy limits?
- Are there underwriting requirements related to firearms training, qualifications, or written procedures?
- Should the church consider additional liability or specialty coverage?
Obtaining clear answers before an incident occurs can help prevent costly surprises later.
Don't Let Legal Defense Costs Create a Financial Crisis
Establishing a church security program is an important risk management decision. However, implementing a security team without fully understanding the church's insurance coverage can create unintended financial exposure.
Even where Texas law provides meaningful protections, churches may still face legal challenges that require a defense. A single exclusion, reporting issue, or coverage gap can result in significant out-of-pocket expenses.
Church leaders should ensure their insurance professional is aware of any armed or unarmed volunteer security operations and should request a thorough review of all relevant policy provisions.
Work With a Church Insurance Specialist
Protecting your church's mission requires more than simply purchasing an insurance policy. It requires understanding how your legal obligations, security practices, and insurance coverage work together.
At Republic Insurance Group, LLC, we help churches evaluate their risk exposures and understand how insurance policies may respond to real-world ministry operations. Through our agency partners and Ministry Risk Management team, we work with churches to identify potential coverage concerns and develop risk management strategies tailored to their unique needs.
Rather than relying on assumptions, churches should seek guidance from qualified legal, insurance, and risk management professionals who understand the unique challenges facing faith-based organizations.
Frequently Asked Questions
Can someone still sue our church if SB 694 provides civil immunity?
Yes. Civil immunity may protect a church from liability for certain damages under qualifying circumstances, but it does not necessarily prevent a lawsuit from being filed. The church may still incur legal expenses while establishing that the immunity applies.
What should we look for in our church insurance policy if we have armed volunteers?
Review the policy for firearms or weapons exclusions, security-related limitations, definitions of who qualifies as an insured, volunteer coverage provisions, defense obligations, and how legal defense costs are treated under the policy. An insurance professional can help interpret these provisions.
What should a Texas church do before creating an armed volunteer security team?
Church leadership should consult legal counsel, notify its insurance professional, review all applicable insurance policies, confirm how firearm-related incidents are handled, understand carrier requirements, and evaluate whether additional liability protection may be appropriate.
Senate Bill 694: Key Points
1. Civil Immunity Protections
Under qualifying circumstances, SB 694 provides certain religious organizations and designated security personnel with civil immunity from damages related to responses to active shooters or imminent threats of serious bodily injury.
2. Who May Be Covered
The law may apply to certain paid and unpaid individuals serving in approved security roles, subject to the statute's specific requirements and limitations.
3. Documentation Requirements
Security team members should maintain any documentation required by law demonstrating their designation or authorization by church leadership.
4. No Criminal Immunity
SB 694 does not provide immunity from criminal prosecution or from violations of applicable criminal laws.
Full text of Senate Bill 694:
https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00694S.htm
Senate Bill 535 (Handguns in Places of Worship): Key Points
Main Purpose
SB 535 removed churches and other places of worship from the list of locations where licensed carry was automatically prohibited under Texas law.
Key Provisions
1. Licensed handgun holders may generally carry firearms in a church or place of worship unless the property owner lawfully prohibits firearms.
2. Churches and places of worship retain the right to prohibit firearms through legally compliant verbal notice, written notice, or signage, including notices under Texas Penal Code Sections 30.06 and 30.07.
Additional information:
https://guides.sll.texas.gov/gun-laws/religious-property
Disclaimer: This article is intended solely for educational and informational purposes. Laws, regulations, and insurance policy provisions are subject to change and interpretation. Nothing herein should be construed as legal advice, insurance coverage advice, or a guarantee of coverage. Churches should consult qualified legal counsel and their insurance professionals regarding their specific circumstances. Coverage is subject to all policy terms, conditions, limitations, exclusions, and carrier underwriting requirements.