Texas Vernon’s Civil Statutes
Sec. § 3.05
Indemnity


(a)

If insurance purchased by the board under Section 3.04 of this Act is unavailable, insufficient, inadequate, or otherwise not in effect, the board may indemnify a trustee, officer, or employee of the fund for liability imposed as damages because of an alleged act, error, or omission committed by the person in the capacity of a fiduciary, officer, or employee and for reasonable costs and expenses incurred in defense of a claim of an alleged act, error, or omission.

(b)

The board may not indemnify a trustee, officer, or employee of the fund for liability or expenses incurred because of the persons personal dishonesty, fraud, lack of good faith, or intentional failure to act prudently.

(c)

A trustee may not vote on a matter of the trustees own indemnification or be counted in determining whether a quorum is present for the vote.

(d)

The board may adopt a policy establishing a method for presentation, approval, and payment of claims for indemnification.

(e)

If insurance purchased by the board under Section 3.04 of this Act is unavailable, insufficient, inadequate, or otherwise not in effect, the board may indemnify a former trustee, officer, or employee of the fund under this section for an alleged act, error, or omission committed by the person in the capacity of a fiduciary, officer, or employee and for reasonable costs and expenses incurred in defense of a claim of an alleged act, error, or omission.

(f)

The board may authorize indemnification of a trustee, officer, or employee of the fund, or a former trustee, officer, or employee of the fund under this section regardless of when the alleged act, error, or omission occurred, provided that the person is considered liable for the alleged act, error, or omission in relation to the persons capacity as a current or former trustee, officer, or employee of the fund.
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Last accessed
Nov. 22, 2019