The recent breakthroughs in the research of brain trauma as it relates to athletics has revealed never before seen damage linked with football participation. Known as chronic traumatic encephalopathy (CTE), it is caused by activities inherent to the sport of football. School sponsored football has been granted immunity through case law and legislation in Texas. Recent research however indicates a different type of injury than those that school districts have been protected of liability from. This will provide a challenge to the immunity school districts have enjoyed regarding football. One route to abrogation of immunity is the state created danger provision established by the Supreme Court. The Fifth Circuit Court whose jurisdiction includes Texas has yet to officially adopt the state created danger theory. This research examined legal precedent to determine the challenge CTE may present the various layers of immunity surrounding school sponsored football in Texas.