CHAPTER 612. LIABILITY INSURANCE - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS

AND EMPLOYEES

CHAPTER 612. LIABILITY INSURANCE

Sec. 612.001. MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE

OFFICERS AND FIRE FIGHTERS. (a) The state shall provide for

insuring each peace officer and fire fighter in its employ

against liability to third persons arising out of the operation,

maintenance, or use of a motor vehicle owned or leased by the

state.

(b) The liability coverage provided under this section must be

in amounts not less than those required by Chapter 601,

Transportation Code, to provide evidence of financial

responsibility.

(c) The state may elect to be self-insured or to reimburse the

actual cost of an extended automobile liability insurance

endorsement obtained by a peace officer or fire fighter on an

individually owned automobile liability insurance policy. The

extended endorsement must:

(1) be in the amount required by Subsection (b); and

(2) extend the coverage to include the operation and use of

vehicles by a peace officer or fire fighter in the scope of the

officer's or fire fighter's employment.

(d) If the reimbursement method is used, the state may require a

peace officer or fire fighter who operates and uses a motor

vehicle to present proof that an extended coverage endorsement

has been purchased and is in effect for the period of

reimbursement.

(e) In this section, "motor vehicle" means any motor vehicle for

which motor vehicle automobile insurance may be written under

Subchapter A, Chapter 5, Insurance Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.195, eff.

Sept. 1, 1997.

Sec. 612.002. LIABILITY INSURANCE FOR CERTAIN STATE EMPLOYEES.

(a) A state agency that owns and operates a motor vehicle, an

item of power equipment, an aircraft, or a motorboat or other

watercraft of any type or size may insure its employees against

liability arising out of the operation, maintenance, or use of

the motor vehicle, item of power equipment, aircraft, or

motorboat or other watercraft.

(b) A state agency that elects to provide insurance under this

section shall purchase one or more policies from a liability

insurance company authorized to transact business in this state.

The liability insurance purchased under this section must be

provided on policy forms approved by the State Board of Insurance

as to form and by the attorney general as to liability coverage.

(c) An employee of a state agency that elects not to insure its

employees against liability under Subsection (a) is entitled to

reimbursement, in addition to any compensation provided in the

General Appropriations Act, from maintenance funds of the agency,

for any amount spent by the employee for liability insurance that

is required by the agency.

(d) The comptroller shall provide forms for claims of employee

reimbursement under Subsection (c). The forms shall require a

certification from the head of the state agency that:

(1) a regular part of the employee's duties is the operation of

a state-owned motor vehicle, item of power equipment, aircraft,

or motorboat or other watercraft; and

(2) the agency requires the employee to maintain liability

insurance as a prerequisite to the operation of a state-owned

motor vehicle, item of power equipment, aircraft, or motorboat or

other watercraft.

(e) This section does not waive state immunity from liability

for the torts of negligence of its employees.

(f) In this section:

(1) "Employee" includes an officer of a state agency.

(2) "State agency" means an agency, a department, board,

commission, or other entity in the executive, legislative, or

judicial branch of state government.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 612.003. LIABILITY INSURANCE FOR CERTAIN STATE PROGRAMS.

(a) A state agency that receives federal grant funds for a

foster grandparent program may spend those funds to insure the

persons and property of the foster grandparents as required by

the grant.

(b) A state agency that operates an integrated day-care program

that serves children with mental illness or developmental

disabilities or who participate in an early childhood

intervention program, as well as other children, may purchase

insurance to cover liability arising from the operation of the

program.

(c) A state agency that operates a habilitative or

rehabilitative work program for individuals who are mentally ill

or developmentally disabled may purchase from the proceeds of the

program insurance to cover liability arising from the operation

of the program if a contractor under the program does not accept

indemnification provisions by the state as sufficient.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.11(a), eff.

Sept. 1, 1995.

Sec. 612.004. LIABILITY INSURANCE FOR CERTAIN BOARD MEMBERS,

OFFICIALS, AND EXECUTIVE MANAGEMENT STAFF. (a) A state agency

governed by a board may purchase or acquire liability insurance

to protect members of the board and the agency's executive

management staff.

(b) A state agency governed by an appointed or elected official

may purchase or acquire liability insurance to protect the

official and the agency's executive management staff.

(c) Insurance purchased or acquired by a state agency under this

section may:

(1) protect against any type of liability to third persons that

may be incurred while conducting agency business; and

(2) provide for all costs of defending against that liability,

including court costs and attorney's fees.

(d) This section does not authorize the purchase or acquisition

of insurance to protect against liability other than liability

described by Subsection (c).

(e) A state agency may use any available funds to purchase or

acquire insurance under this section. A specific statement by the

legislature that a particular appropriation of funds may be used

to purchase or acquire insurance is not a prerequisite to using

funds to purchase or acquire insurance under this section.

(f) In this section:

(1) "Board" includes a board, commission, council, committee, or

other group of individuals.

(2) "State agency" means:

(A) a department, board, commission, committee, council, agency,

office, or other entity in the executive, legislative, or

judicial branch of state government, the jurisdiction of which is

not limited to a geographical portion of the state;

(B) an institution of higher education as defined by Section

61.003, Education Code; and

(C) a court of appeals as described by Section 22.201.

(g) For purposes of Section 659.012, the cost of insurance

purchased or acquired by a court of appeals under this section is

not included in determining the salary of a justice serving on

the court.

Added by Acts 1997, 75th Leg., ch. 1035, Sec. 78, eff. June 19,

1997. Amended by Acts 1999, 76th Leg., ch. 1251, Sec. 1, 2, eff.

Sept. 1, 1999.

Sec. 612.005. LIABILITY INSURANCE FOR LAW ENFORCEMENT MOTOR

VEHICLES OF POLITICAL SUBDIVISION. (a) In this section, "law

enforcement officer" means a peace officer as defined by Article

2.12, Code of Criminal Procedure, or other law.

(b) The governing body of a political subdivision shall provide

for insuring each law enforcement officer appointed or employed

by the political subdivision against liability to third persons

arising out of the officer's operation of a motor vehicle owned,

leased, or otherwise controlled by the political subdivision at

any time that the officer is authorized to operate the vehicle,

including times that the officer is authorized to operate the

vehicle while off duty.

(c) The motor vehicle liability coverage must be in amounts not

less than those required by Subchapter D, Chapter 601,

Transportation Code, to establish financial responsibility.

(d) A political subdivision may satisfy this section by:

(1) electing to be self-insured under Chapter 2259;

(2) entering into a risk retention group, risk management pool,

or interlocal contract with other political subdivisions under

Chapter 119, Local Government Code, or Chapter 791 or 2259; or

(3) providing for coverage by an insurance company authorized to

write motor vehicle liability insurance coverage.

(e) The policy may exclude coverage for operation of a motor

vehicle in the commission of a criminal offense other than a

traffic offense.

Added by Acts 1997, 75th Leg., ch. 760, Sec. 1, eff. Sept. 1,

1997. Renumbered from Sec. 612.004 by Acts 1999, 76th Leg., ch.

62, Sec. 19.01(53), eff. Sept. 1, 1999. Amended by Acts 2001,

77th Leg., ch. 1420, Sec. 8.239, eff. Sept. 1, 2001.