Tex. Civ. Prac. & Rem. Code § 104.002 · Chapter 104. STATE LIABILITY FOR CONDUCT OF PUBLIC SERVANTS
STATE LIABILITY; CONDUCT COVERED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), the state is liable for indemnification under this chapter only if the damages are based on an act or omission by the person in the course and scope of the person's office, employment, or contractual performance for or service on behalf of the agency, institution, or department and if:
(1) the damages arise out of a cause of action for negligence, except a wilful or wrongful act or an act of gross negligence; or
(2) the damages arise out of a cause of action for deprivation of a right, privilege, or immunity secured by the constitution or laws of this state or the United States, except when the court in its judgment or the jury in its verdict finds that the person acted in bad faith, with conscious indifference or reckless disregard; or
(3) indemnification is in the interest of the state as determined by the attorney general or his designee.
(b) The state is liable for indemnification under this chapter if:
(1) the person is liable for the damages solely because the person signed an industrial solid waste or hazardous waste manifest or other record required by Section 361.036, Health and Safety Code;
(2) the person signed the manifest or record in the course and scope of the person's office, employment, or contractual performance or service on behalf of the agency, institution, or department; and
(3) the person or company who signed the manifest did not increase or aggravate circumstances of contamination by grossly negligent acts or wilful misconduct.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.09, eff. Sept. 2, 1987; Acts 1991, 72nd Leg., ch. 702, Sec. 1, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 883, Sec. 6, eff. Aug. 28, 1995.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.104.htm
- Text hash
- sha256 054c93459e3103063ff44146d8ccfd1f46f6a2107c74314a30e169c035b88be5
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 104.002. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 104.001STATE LIABILITY; PERSONS COVERED.Printed as Section 104.002
- Tex. Civ. Prac. & Rem. Code § 104.003LIMITS ON AMOUNT OF RECOVERABLE DAMAGES.Printed as Section 104.002(b)
- Tex. Civ. Prac. & Rem. Code § 104.0035STATE LIABILITY; CRIMINAL PROSECUTION.Printed as Section 104.002
- Tex. Civ. Prac. & Rem. Code § 104.009DIRECTORS' AND OFFICERS' LIABILITY INSURANCE.Printed as Section 104.002
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.