Tex.
Civ. Practice & Remedies Code Section 117.003
Civil Immunity for and Indemnification of State Officials, Employees, and Contractors
(a)
Except as provided by Subsection (d), an elected or appointed state official or a state 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 (Illegal Entry into This State), Penal Code, or an order issued under Article 5B.002 (Order to Return to Foreign Nation), 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 state.(b)
Except as provided by Subsection (d), the state shall indemnify an elected or appointed state official or a state employee or contractor 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 (Illegal Entry into This State), Penal Code, or an order issued under Article 5B.002 (Order to Return to Foreign Nation), 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 state.(c)
Notwithstanding any other law, an indemnification payment made under Subsection (b) is not subject to an indemnification limit under the laws of this state.(d)
Subsections (a) and (b) do not apply if the court or jury determines that the state official, employee, or contractor acted in bad faith, with conscious indifference, or with recklessness.(e)
The state shall indemnify a state official, employee, or contractor for reasonable attorney’s fees incurred in defense of a criminal prosecution against the official, employee, or contractor for an action taken by the official, employee, or contractor to enforce Chapter 51 (Illegal Entry into This State), Penal Code, or an order issued under Article 5B.002 (Order to Return to Foreign Nation), 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 state.(f)
A state official, employee, or contractor who may be entitled to indemnification under Subsection (b) is entitled to representation by the attorney general, subject to Chapter 104 (State Liability for Conduct of Public Servants), in an action in connection with which the official, employee, or contractor may be entitled to that indemnification.(g)
This section may not be construed to waive any statutory limits on damages under state law.
Source:
Section 117.003 — Civil Immunity for and Indemnification of State Officials, Employees, and Contractors, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.117.htm#117.003 (accessed May 18, 2024).
