Texas Civil Practice and Remedies Code

§ 101.029 — LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON INMATES

CP § 101.029Title 5. GOVERNMENTAL LIABILITY · Ch. 101. TORT CLAIMS · Art. B. TORT LIABILITY OF GOVERNMENTAL UNITS

Statute text

(a)The Department of Criminal Justice is liable for property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an inmate or state jail defendant housed in a facility operated by the department if:

(1)the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment;

(2)the inmate or defendant would be personally liable to the claimant for the property damage, personal injury, or death according to Texas law were the inmate or defendant a private person acting in similar circumstances; and

(3)the act, omission, or negligence was committed by the inmate or defendant acting in the course and scope of a task or activity that:

(A)the inmate or defendant performed at the request of an employee of the department; and

(B)the inmate or defendant performed under the control or supervision of the department.

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Legislative history

Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.108, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 313, Sec. 1, eff. Sept. 1, 1999.