Tex. Civ. Prac. & Rem. Code § 104.005 · Chapter 104. STATE LIABILITY FOR CONDUCT OF PUBLIC SERVANTS
SERVICE OF PROCESS OR TIMELY NOTICE TO ATTORNEY GENERAL REQUIRED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Except as provided by Section 104.0035, the state is not liable for the defense of an action covered by this chapter or for damages, court costs, or attorney's fees unless:
(1) the attorney general has been served in the case and the state has been given an opportunity to defend the suit; or
(2) the person against whom the action is brought delivers to the attorney general all process served on the person not later than the 10th day after the date of service.
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., 2nd C.S., ch. 29, Sec. 3, eff. Oct. 20, 1987.
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 737c04902b3e0d130e796e9f303df9eb35a303da0b7925e4cd9c1818603ac807
- 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
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Civil Practice and Remedies Code
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.