Texas Civil Practice and Remedies Code
§ 117.002 — CIVIL IMMUNITY FOR AND INDEMNIFICATION OF LOCAL GOVERNMENT OFFICIALS, EMPLOYEES, AND CONTRACTORS
CP § 117.002Title 5. GOVERNMENTAL LIABILITY · Ch. 117. LIABILITY FOR AND INDEMNIFICATION OF CERTAIN CLAIMS RELATING TO ENFORCEMENT OF CERTAIN CRIMINAL OFFENSES INVOLVING ILLEGAL ENTRY INTO THIS STATE
Statute text
View on source(a)Except as provided by Subsection (d), a local government official, employee, or contractor is immune from liability for damages arising from a cause of action under state law resulting from an action taken by the official, employee, or contractor to enforce Chapter 51, Penal Code, or an order issued under Article 5B.002, Code of Criminal Procedure, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of the local government.
(b)Subject to Subsection (c) and except as provided by Subsection (d), a local government shall indemnify an official, employee, or contractor of the local government for damages arising from a cause of action under federal law resulting from an action taken by the official, employee, or contractor to enforce Chapter 51, Penal Code, or an order issued under Article 5B.002, Code of Criminal Procedure, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of the local government.
(c)Indemnification payments made under Subsection (b) by a local government may not exceed:
(1)$100,000 to any one person or $300,000 for any single occurrence in the case of personal injury or death; or
(2)$10,000 for a single occurrence of property damage.
(d)Subsections (a) and (b) do not apply if the court or jury determines that the local government official, employee, or contractor acted in bad faith, with conscious indifference, or with recklessness.
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Legislative history
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 2 (S.B. 4), Sec. 3, eff. March 5, 2024.