Tex. Human Resources Code Section 40.061
Immunity

(a)

A department employee, a member of a multidisciplinary team established under Section 40.0524 (Multidisciplinary Teams), or an authorized department volunteer who performs a departmental duty or responsibility is immune from civil or criminal liability for any act or omission that relates to the duty or responsibility if the person acted in good faith and within the scope of the person’s authority.

(b)

In this section, “volunteer” means a person who:

(1)

renders services for or on behalf of the department under the supervision of a department employee; and

(2)

does not receive compensation that exceeds the authorized expenses the person incurs in rendering those services.

(c)

This section does not provide immunity to a department employee who, in a suit affecting the parent-child relationship in which child abuse is alleged or that arises out of a child abuse investigation, in a criminal prosecution for an offense in which child abuse is an element, or in the preparation of the suit or prosecution:

(1)

commits or attempts to commit perjury;

(2)

fabricates or attempts to fabricate evidence;

(3)

knowingly conceals or intentionally withholds information that would establish that a person alleged to have committed child abuse did not commit child abuse; or

(4)

violates state or federal law in the investigation or prosecution of the suit.
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 20, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 157, Sec. 2, eff. Sept. 1, 2001.

Source: Section 40.061 — Immunity, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­40.­htm#40.­061 (accessed Jun. 5, 2024).

40.001
Definitions 40.002
Department of Family and Protective Services 40.003
Sunset Provision 40.004
Public Interest Information and Public Access 40.005
Confidentiality of Information 40.006
Application of Other Laws 40.007
Reporting Requirement 40.008
Program Accessibility 40.021
Family and Protective Services Council 40.022
Appointments 40.023
Training Program for Council Members 40.024
Terms 40.0025
Agency Functions 40.025
Reimbursement for Expenses 40.0026
References in Law Meaning Department 40.026
Presiding Officer 40.0027
References in Law Meaning Commissioner or Designee 40.027
Commissioner 40.030
Advisory Committees 40.032
Personnel 40.033
Merit System 40.034
Prohibited Activities by Former Officers or Employees 40.035
Training Program for Adult Protective Services 40.036
Alzheimer’s Disease and Dementia Training 40.037
Training Program for Child Protective Services Managers 40.038
Secondary Trauma Support for Caseworkers 40.039
Review of Records Retention Policy 40.040
Case Management Vendor Quality Oversight and Assurance Division 40.0041
Complaint Process 40.041
Office of Data Analytics 40.042
Investigations of Child Abuse, Neglect, and Exploitation 40.043
Child Safety and Runaway Prevention Procedures 40.045
Efficiency Audit 40.051
Strategic Plan for Department 40.053
Duty to Perform Other Functions 40.054
Access to Criminal History 40.055
Legislative Appropriation Request 40.056
Use of Funds 40.057
Gifts and Grants 40.058
Contracts and Agreements 40.059
Fees 40.060
Indemnification for Legal Expenses 40.061
Immunity 40.062
Exemption from Certain Costs and Fees 40.063
Exceptions from Certain Provisions of Administrative Procedure Act 40.064
Interagency Cooperation and Exchange of Information 40.065
Communications Officer 40.066
Cooperation with State Office of Administrative Hearings 40.067
Delivery of Services in Areas Bordering United Mexican States 40.068
Local Accounts 40.070
Support Services for Certain Families 40.071
Drug-endangered Child Initiative 40.072
Duty to Report 40.075
Protective Orders 40.080
Strategic Plan to Implement Federal Law Regarding Specified Settings for Placement of Foster Children 40.081
Implementation of Federal Law 40.082
Report of Criminal Conduct 40.083
Employer Retaliation Prohibited 40.0315
Investigation Unit for Adult Protective Services 40.0321
Salary Supplementation by County or Municipality 40.0322
Qualifications for Adult Protective Services Personnel 40.0323
Coordination Regarding Recruitment for and Curriculum of Certain Certificate or Degree Programs 40.0325
Study of Caseworker Education Reimbursement 40.0326
Recruitment of Caseworkers 40.0505
Divisions of Department 40.0512
Continuity of Services 40.0515
Quality Assurance Program for Adult Protective Services 40.0516
Collection of Data 40.0521
Rules Regarding Domestic Violence 40.0522
Community Education and Training Relating to Child Abuse or Neglect 40.0524
Multidisciplinary Teams 40.0526
Building Community Partnerships to Support Children and Families 40.0527
Public Awareness 40.0528
Goals for Business Plan for Child Protective Services 40.0529
Caseload Management 40.0564
Department Funds 40.0581
Performance Measures for Certain Service Provider Contracts 40.0582
Quality Contracting Framework 40.0583
State Auditor Review of Contracts 40.05275
Business Plan for Child Protective Services 40.05291
Electronic Case Management System
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 40.061’s source at texas​.gov