Texas Civil Practice and Remedies Code

§ 104.0035 — STATE LIABILITY; CRIMINAL PROSECUTION

CP § 104.0035Title 5. GOVERNMENTAL LIABILITY · Ch. 104. STATE LIABILITY FOR CONDUCT OF PUBLIC SERVANTS

Statute text

(a)The state shall indemnify a person for reasonable attorney's fees incurred in defense of a criminal prosecution against the person if:

(1)the person is covered by Section 104.001;

(2)the attorney general determines that the conduct for which the person is criminally prosecuted could give rise to a civil cause of action covered by Section 104.002;

(3)the person is found not guilty after a trial or appeal or the complaint, information, or indictment is dismissed without a plea of guilty or nolo contendere being entered; and

(4)the attorney general determines that the complaint, information, or indictment presented against the person was dismissed because:

(A)the presentment was made on mistake, false information, or other similar basis, indicating absence of probable cause to believe, at the time of the dismissal, the person committed the offense; or

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Legislative history

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 29, Sec. 2, eff. Oct. 20, 1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.02, eff. Sept. 1, 1995.