Tex. Health & Safety Code § 591.024 · Subchapter C. PENALTIES AND REMEDIES
CIVIL ACTION AGAINST DEPARTMENT EMPLOYEE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The state attorney general shall provide legal counsel to represent a department employee in a civil action brought against the person under this subtitle for a claim of alleged negligence or other act of the person while employed by the department. The person shall cooperate fully with the state attorney general in the defense of the claim, demand, or suit.
(b) The state shall hold harmless and indemnify the person against financial loss arising out of a claim, demand, suit, or judgment by reason of the negligence or other act by the person, if:
(1) at the time the claim arose or damages were sustained, the person was acting in the scope of the person's authorized duties; and
(2) the claim or cause of action or damages sustained did not result from an intentional and wrongful act or the person's reckless conduct.
(c) To be eligible for assistance under this section, the person must deliver to the department the original or a copy of the summons, complaint, process, notice, demand, or pleading not later than the 10th day after the date on which the person is served with the document. The state attorney general may assume control of the person's representation on delivery of the document or a copy of the document to the department.
(d) This section does not impair, limit, or modify rights and obligations existing under an insurance policy.
(e) This section applies only to a person named in this section and does not affect the rights of any other person.
Notes and commentary — not statutory text
History
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.591.htm
- Text hash
- sha256 e8aebd32fd5a207fb4f7df88fbe14b570f056c4879df9ea4630edc058c5c0ddd
- 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
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.