CHAPTER 102. TORT CLAIMS PAYMENTS BY LOCAL GOVERNMENTS - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 5. GOVERNMENTAL LIABILITY

CHAPTER 102. TORT CLAIMS PAYMENTS BY LOCAL GOVERNMENTS

Sec. 102.001. DEFINITIONS. In this chapter:

(1) "Employee" includes an officer, volunteer, or employee, a

former officer, volunteer, or employee, and the estate of an

officer, volunteer, or employee or former officer, volunteer, or

employee of a local government. The term includes a member of a

governing board. The term does not include a county extension

agent.

(2) "Local government" means a county, city, town, special

purpose district, including a soil and water conservation

district, and any other political subdivision of the state.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.07, eff.

Sept. 2, 1987; Acts 1999, 76th Leg., ch. 1115, Sec. 1, eff. June

18, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

996, Sec. 1, eff. June 15, 2007.

Sec. 102.002. PAYMENT OF CERTAIN TORT CLAIMS. (a) A local

government may pay actual damages awarded against an employee of

the local government if the damages:

(1) result from an act or omission of the employee in the course

and scope of his employment for the local government; and

(2) arise from a cause of action for negligence.

(b) The local government may also pay the court costs and

attorney's fees awarded against an employee for whom the local

government may pay damages under this section.

(c) Except as provided by Subsection (e), a local government may

not pay damages awarded against an employee that:

(1) arise from a cause of action for official misconduct; or

(2) arise from a cause of action involving a wilful or wrongful

act or omission or an act or omission constituting gross

negligence.

(d) A local government may not pay damages awarded against an

employee to the extent the damages are recoverable under an

insurance contract or a self-insurance plan authorized by

statute.

(e) A local government that does not give a bond under Section

702(b), Texas Probate Code, shall pay damages awarded against an

employee of the local government arising from a cause of action

described by Subsection (c) if the liability results from the

employee's appointment as guardian of the person or estate of a

ward under the Texas Probate Code and the action or omission for

which the employee was found liable was in the course and scope

of the person's employment with the local government.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 924, Sec. 3, eff. Sept. 1,

1997.

Sec. 102.003. MAXIMUM PAYMENTS. Payments under this chapter 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, unless

the local government is liable in the local government's capacity

as guardian under the Texas Probate Code and does not give a bond

under Section 702(b), Texas Probate Code, in which event payments

may not exceed the amount of the actual property damages.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 924, Sec. 4, eff. Sept. 1,

1997.

Sec. 102.004. DEFENSE COUNSEL. (a) A local government may

provide legal counsel to represent a defendant for whom the local

government may pay damages under this chapter. The counsel

provided by the local government may be the local government's

regularly employed counsel, unless there is a potential conflict

of interest between the local government and the defendant, in

which case the local government may employ other legal counsel to

defend the suit.

(b) Legal counsel provided under this section may settle the

portion of a suit that may result in the payment of damages by

the local government under this chapter.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 102.005. SECURITY FOR COURT COSTS NOT REQUIRED. In a case

defended under this chapter, neither the defendant nor a local

government is required to advance security for costs or to give

bond on appeal or writ of error.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 102.006. OTHER LAWS NOT AFFECTED. This chapter does not

affect:

(1) Chapter 101 of this code (the Texas Tort Claims Act); or

(2) a defense, immunity, or jurisdictional bar available to a

local government or an employee.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.