Instead, they serve as part of their obligation to provide service to the university community. I hope that the following responses will answer the issues that Jon raises. The Tort Claims Act extends sovereign immunity to public employees acting within their official capacities. Faculty advisors are serving in their official capacities, providing service to the university community. Under this act, a volunteer will be liable to a person for death, damage, or injury arising from the operation or use of motor-driven equipment.
Federal law offers volunteers some protection from liability.
The federal law applies to suits for damages in federal courts. The act is very similar to the state's Charitable Immunity and Liability Act. Generally, of course, the university is responsible for torts committed by its employees when acting within the scope of their employment. Section 104.0035 of the Civil Practice and Remedies Code provides that the state will indemnify a state employee for reasonable attorney's fees incurred in the defense of a criminal prosecution. Chapter 104 of the Civil Practice and Remedies Code provides state indemnity for torts committed by state employees.