Tex. Hum. Res. Code § 40.061 · Subchapter C. GENERAL FUNCTIONS OF DEPARTMENT
IMMUNITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A department employee, a member of a multidisciplinary team established under Section 40.0524, or an authorized department volunteer who performs a departmental duty or responsibility is immune from civil or criminal liability for any act or omission that relates to the duty or responsibility if the person acted in good faith and within the scope of the person's authority.
(b) In this section, "volunteer" means a person who:
(1) renders services for or on behalf of the department under the supervision of a department employee; and
(2) does not receive compensation that exceeds the authorized expenses the person incurs in rendering those services.
(c) This section does not provide immunity to a department employee who, in a suit affecting the parent-child relationship in which child abuse is alleged or that arises out of a child abuse investigation, in a criminal prosecution for an offense in which child abuse is an element, or in the preparation of the suit or prosecution:
(1) commits or attempts to commit perjury;
(2) fabricates or attempts to fabricate evidence;
(3) knowingly conceals or intentionally withholds information that would establish that a person alleged to have committed child abuse did not commit child abuse; or
(4) violates state or federal law in the investigation or prosecution of the suit.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 920, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 20, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 157, Sec. 2, eff. Sept. 1, 2001.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HR/htm/HR.40.htm
- Text hash
- sha256 1f72e9c088acdafe371dd7bf49070c8081206a73224be06697516c0bef8001c3
- 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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Human Resources 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.