reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 103 - Compensation to Persons Wrongfully Imprisoned › Subchapter D. Payments and Limitations › Section 103.151. Administrative Payment of Compensation

Sec. 103.151.  ADMINISTRATIVE PAYMENT OF COMPENSATION.  (a)  The comptroller shall make the compensation due a claimant under Section 103.052 and the lump-sum payment, if any, to be paid to the state disbursement unit, as defined by Section 101.0302, Family Code, under Subchapter B, to the extent that funds are available and appropriated for that purpose, not later than the 30th day after the date the comptroller grants the application.  A claim for lump-sum compensation payable under Section 103.052(a) or (b) shall survive the death of the claimant in favor of the heirs, legal representatives, and estate of the claimant.
(b)  The comptroller shall begin making annuity payments under Section 103.053(a) or 103.0535 on the first anniversary of the date of payment of the compensation due under Section 103.052.
(c)  If appropriated funds are insufficient to pay the amount due a claimant and the amount to be paid to the state disbursement unit, as defined by Section 101.0302, Family Code, money shall be paid under the procedure described by Section 103.152.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1190 (H.B. 814), Sec. 5, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 7, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 689 (H.B. 638), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 103 - Compensation to Persons Wrongfully Imprisoned › Subchapter D. Payments and Limitations › Section 103.152. Payment of Compensation

Sec. 103.152.  PAYMENT OF COMPENSATION.  (a)  Not later than November 1 of each even-numbered year, the comptroller shall provide a list of claimants entitled to payment under Subchapter B and the amounts due for each claimant to the governor, the lieutenant governor, and the chair of the appropriate committee in each house of the legislature so that the legislature may appropriate the amount needed to pay the amount owed to each claimant and the amount to be paid to the state disbursement unit, as defined by Section 101.0302, Family Code, on the claimant's behalf.
(b)  Not later than September 1 of the year in which an appropriation under this chapter has been made by the legislature, the comptroller shall pay the required amount to each claimant and the state disbursement unit, as defined by Section 101.0302, Family Code.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 180, Sec. 12(3), eff. September 1, 2009.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1190 (H.B. 814), Sec. 6, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 8, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 12(3), eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 103 - Compensation to Persons Wrongfully Imprisoned › Subchapter D. Payments and Limitations › Section 103.153. Employees Not Liable After Payment of Compensation

Sec. 103.153.  EMPLOYEES NOT LIABLE AFTER PAYMENT OF COMPENSATION.  (a)  In this section, "employee" and "governmental unit" have the meanings assigned by Section 101.001.
(b)  A person who receives compensation under this chapter may not bring any action involving the same subject matter, including an action involving the person's arrest, conviction, or length of confinement, against any governmental unit or an employee of any governmental unit.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 103 - Compensation to Persons Wrongfully Imprisoned › Subchapter D. Payments and Limitations › Section 103.154. Termination of Payments

Sec. 103.154.  TERMINATION OF PAYMENTS.  (a)  Except as provided by Subsection (c), compensation payments under this chapter terminate if, after the date the claimant becomes eligible for compensation under Section 103.001, the claimant is convicted of a crime punishable as a felony.  Annuity payments to a claimant's spouse or designated beneficiary under this chapter terminate if, after the date the spouse or designated beneficiary begins receiving annuity payments, the spouse or designated beneficiary is convicted of a crime punishable as a felony.  Payments  terminate under this subsection on the date of the felony conviction. If annuity payments to a designated beneficiary are terminated under this subsection, the remainder of the annuity payments are payable under Section 103.0536 as if the beneficiary died on the date of termination.
(b)  Except as provided by Sections 103.0535 and 103.0536:
(1)  annuity payments to a person under this chapter terminate on the date of the person's death; and
(2)  payments scheduled to be paid after that date are credited to the state and may not be paid to any other person, including the person's surviving spouse, heirs, devisees, or beneficiaries under the person's will, or to the person's estate.
(c)  This section does not apply to compensation for child support payments and interest on child support arrearages to be paid on a person's behalf under this chapter to the state disbursement unit, as defined by Section 101.0302, Family Code.
Added by Acts 2001, 77th Leg., ch. 1488, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1190 (H.B. 814), Sec. 7, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 9, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 689 (H.B. 638), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 104 - State Liability for Conduct of Public Servants › Section 104.001. State Liability; Persons Covered

Sec. 104.001.  STATE LIABILITY; PERSONS COVERED.  In a cause of action based on conduct described in Section 104.002, the state shall indemnify the following persons, without regard to whether the persons performed their services for compensation, for actual damages, court costs, and attorney's fees adjudged against:
(1)  an employee, a member of the governing board, or any other officer of a state agency, institution, or department;
(2)  a former employee, former member of the governing board, or any other former officer of a state agency, institution, or department who was an employee or officer when the act or omission on which the damages are based occurred;
(3)  a physician or psychiatrist licensed in this state who was performing services under a contract with any state agency, institution, or department or a racing official performing services under a contract with the Texas Racing Commission when the act or omission on which the damages are based occurred;
(3-a)  a phlebotomist licensed in this state who was performing services under a contract with the Texas Department of Criminal Justice when the act or omission on which the damages are based occurred;
(4)  a chaplain or spiritual advisor who was performing services under contract with the Texas Department of Criminal Justice or the Texas Juvenile Justice Department when the act or omission on which the damages are based occurred;
(5)  a person serving on the governing board of a foundation, corporation, or association at the request and on behalf of an institution of higher education, as that term is defined by Section 61.003(8), Education Code, not including a public junior college;
(6)  a state contractor who signed a waste manifest as required by a state contract; or
(7)  the estate of a person listed in this section.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 1099, Sec. 47, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.08, eff. Sept. 2, 1987;  Acts 1987, 70th Leg., 2nd C.S., ch. 29, Sec. 1, eff. Oct. 20, 1987;  Acts 1991, 72nd Leg., ch. 386, Sec. 72, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 139, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 883, Sec. 5, eff. Aug. 28, 1995;  Acts 2001, 77th Leg., ch. 1082, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 292 (H.B. 1194), Sec. 1, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 104 - State Liability for Conduct of Public Servants › Section 104.002. State Liability; Conduct Covered

Sec. 104.002.  STATE LIABILITY;  CONDUCT COVERED.  (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.
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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 104 - State Liability for Conduct of Public Servants › Section 104.003. Limits on Amount of Recoverable Damages

Sec. 104.003.  LIMITS ON AMOUNT OF RECOVERABLE DAMAGES.  (a)  Except as provided by Subsection (c) or a specific appropriation, state liability for indemnification under this chapter may not exceed:
(1)  $100,000 to a single person indemnified and, if more than one person is indemnified, $300,000 for a single occurrence in the case of personal injury, death, or deprivation of a right, privilege, or immunity;  and
(2)  $10,000 for each single occurrence of damage to property.
(b)  The state is not liable under this chapter to the extent that damages are recoverable under and are in excess of the deductible limits of:
(1)  a contract of insurance;  or
(2)  a plan of self-insurance authorized by statute.
(c)  The limits on state liability provided by Subsection (a) do not apply if the state liability is based on Section 104.002(b).
(d)  For the purposes of this section, a claim arises out of a single occurrence, if the claim arises from a common nucleus of operative facts, regardless of the number of claimants or the number of separate acts or omissions.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 1049, Sec. 59, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.10, eff. Sept. 2, 1987;  Acts 1989, 71st Leg., ch. 785, Sec. 3.09, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 702, Sec. 2, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 139, Sec. 3, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 468, Sec. 2, eff. May 30, 1997;  Acts 2003, 78th Leg., ch. 531, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 104 - State Liability for Conduct of Public Servants › Section 104.0035. State Liability; Criminal Prosecution

Sec. 104.0035.  STATE LIABILITY;  CRIMINAL PROSECUTION.  (a)  The state shall indemnify a person for reasonable attorney's fees incurred in defense of a criminal prosecution against the person if:
(1)  the person is covered by Section 104.001;
(2)  the attorney general determines that the conduct for which the person is criminally prosecuted could give rise to a civil cause of action covered by Section 104.002;
(3)  the person is found not guilty after a trial or appeal or the complaint, information, or indictment is dismissed without a plea of guilty or nolo contendere being entered;  and
(4)  the attorney general determines that the complaint, information, or indictment presented against the person was dismissed because:
(A)  the presentment was made on mistake, false information, or other similar basis, indicating absence of probable cause to believe, at the time of the dismissal, the person committed the offense;  or
(B)  the complaint, information, or indictment was void.
(b)  State liability for indemnification under this section may not exceed $10,000 for the prosecution of a criminal offense or the prosecution of two or more offenses prosecuted in a single criminal action.
(c)  This section does not apply to a person who is criminally prosecuted for operating a motor vehicle while intoxicated under Section 49.04, Penal Code, for intoxication assault committed while operating a motor vehicle under Section 49.07, Penal Code, or for intoxication manslaughter under Section 49.08, Penal Code.
(d)  An initial determination of the liability of the state for indemnification and the reasonableness of attorney's fees under this section shall be made by the attorney general upon application by any person other than:
(1)  an employee or former employee of the attorney general's office;  or
(2)  the attorney general or a former attorney general.
(e)  If the attorney general determines under Subsection (d) that the state is liable for indemnification, the attorney general shall indemnify the person for reasonable attorney's fees as provided by this section from funds appropriated for that purpose.  If the attorney general determines that the state is not liable for indemnification, the person may appeal to a district court in Travis County.  A person who is not entitled to an initial determination under Subsection (d) may bring an action in a district court in Travis County.
(f)  The district court in Travis County has jurisdiction to hear a suit under this section and may issue an order directing the attorney general's office to indemnify the person for reasonable attorney's fees as provided by this section.  The judgment of the district court is final and is not subject to appeal.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 29, Sec. 2, eff. Oct. 20, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.02, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 104 - State Liability for Conduct of Public Servants › Section 104.004. Defense by Attorney General

Sec. 104.004.  DEFENSE BY ATTORNEY GENERAL.  (a)  The attorney general shall defend a public servant or estate listed in Section 104.001 in a cause of action covered by this chapter.
(b)  The attorney general may settle or compromise the portion of a lawsuit that may result in state liability under this chapter.
(c)  It is not a conflict of interest for the attorney general to defend a person under this chapter and also to prosecute a legal action against that person as required or authorized by law if different assistant attorneys general are assigned the responsibility for each action.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.11, eff. Sept. 2, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 104 - State Liability for Conduct of Public Servants › Section 104.005. Service of Process or Timely Notice to Attorney General Required

Sec. 104.005.  SERVICE OF PROCESS OR TIMELY NOTICE TO ATTORNEY GENERAL REQUIRED.  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.
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.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 104 - State Liability for Conduct of Public Servants › Section 104.006. Security or Bond

Sec. 104.006.  SECURITY OR BOND.  In a cause of action defended by the attorney general under this chapter, the attorney general or the individual or estate represented may not be required to advance security for cost or to give bond on appeal or on review by writ of error.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 104 - State Liability for Conduct of Public Servants › Section 104.007. Funds for Defense

Sec. 104.007.  FUNDS FOR DEFENSE.  (a)  Only funds appropriated from the General Revenue Fund to the attorney general may be used to conduct the defense of an action that the attorney general is required to defend under this chapter.
(b)  Conducting the defense of an action covered by this chapter includes investigating, taking depositions, making discovery, preparing for trial, preparing exhibits or other evidence, and participating in actual trial.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 104 - State Liability for Conduct of Public Servants › Section 104.008. No Waiver of Defenses

Sec. 104.008.  NO WAIVER OF DEFENSES.  This chapter does not waive a defense, immunity, or jurisdictional bar available to the state or its officers, employees, or contractors.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 104 - State Liability for Conduct of Public Servants › Section 104.009. Directors' and Officers' Liability Insurance

Sec. 104.009.  DIRECTORS' AND OFFICERS' LIABILITY INSURANCE.  (a)  A state agency, institution, or department may purchase a directors' and officers' liability insurance policy applicable to damages for conduct described under Section 104.002 and other conduct customarily covered under directors' and officers' liability insurance policies for the benefit of:
(1)  a director or officer of the agency, institution, or department;
(2)  a member of a governing board, commission, or council of the agency, institution, or department;  or
(3)  a member of the executive staff of the agency, institution, or department.
(b)  An insurance policy purchased under this section must have a deductible applicable to the liability of the state agency, institution, or department in an amount equal to the amount of the limits of liability established under Section 104.003.  The deductible applicable to an individual's liability may be set at a lower amount.
(c)  The purchase of an insurance policy under this section does not waive a defense, immunity, or jurisdictional bar available to the state agency, institution, or department purchasing the insurance or to the insured.
Added by Acts 1997, 75th Leg., ch. 468, Sec. 1, eff. May 30, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 105 - Frivolous Claim or Regulatory Action by State Agency › Section 105.001. Definitions

Sec. 105.001.  DEFINITIONS.  In this chapter:
(1)  "Fees and other expenses" means:
(A)  the reasonable expenses of witnesses incurred in preparing to testify or in attending or testifying;
(B)  a reasonable fee for the professional services of an expert witness;  and
(C)  the reasonable costs of a study, analysis, engineering report, test, or other project the court finds to be necessary for the preparation of the party's case.
(2)  "Party" means an individual, partnership, corporation, association, or public or private organization other than a state agency.
(3)  "State agency" means a board, commission, department, office, or other agency that:
(A)  is in the executive branch of state government;
(B)  was created by the constitution or a statute of this state;  and
(C)  has statewide jurisdiction.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 105 - Frivolous Claim or Regulatory Action by State Agency › Section 105.002. Recovery of Fees, Expenses, and Attorney's Fees for Frivolous Claim

Sec. 105.002.  RECOVERY OF FEES, EXPENSES, AND ATTORNEY'S FEES FOR FRIVOLOUS CLAIM.  A party to a civil suit in a court of this state brought by or against a state agency in which the agency asserts a cause of action against the party, either originally or as a counterclaim or cross claim, is entitled to recover, in addition to all other costs allowed by law or rule, a total amount not to exceed $1 million for fees, expenses, and reasonable attorney's fees incurred by the party in defending the agency's action if:
(1)  the court finds that the action is frivolous; and
(2)  the action is dismissed or judgment is awarded to the party.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 504 (S.B. 27), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 105 - Frivolous Claim or Regulatory Action by State Agency › Section 105.003. Motion of Frivolous Claim

Sec. 105.003.  MOTION OF FRIVOLOUS CLAIM.  (a)  To recover under Section 105.002, the party must file a written motion alleging that the agency's claim is frivolous.  The motion may be filed at any time after the filing of the pleadings in which the agency's cause of action is alleged.
(b)  The motion must set forth the facts that justify the party's claim.
(c)  The motion must state that if the action is dismissed or judgment is awarded to the party, the party intends to submit a motion to the court to recover fees, expenses, and reasonable attorney's fees.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 504 (S.B. 27), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 105 - Frivolous Claim or Regulatory Action by State Agency › Section 105.004. Payment of Costs

Sec. 105.004.  PAYMENT OF COSTS.  The agency shall pay the fees and expenses from funds appropriated for operation of the agency, funds appropriated for the payment of fees and expenses under this chapter, or other funds available for that purpose.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 105 - Frivolous Claim or Regulatory Action by State Agency › Section 105.005. Recovery of Attorney's Fees and Costs in Frivolous Regulatory Action

Sec. 105.005.  RECOVERY OF ATTORNEY'S FEES AND COSTS IN FRIVOLOUS REGULATORY ACTION.  The court reviewing a decision in a contested case under Chapter 2001, Government Code, may award a person, in addition to all other costs allowed by law or rule, an amount not to exceed $1 million for reasonable attorney's fees and costs incurred in defending against a frivolous regulatory action during the contested case and judicial review of the decision in the contested case if:
(1)  the person prevails on review; and
(2)  there is a final determination that the regulatory action is frivolous.
Added by Acts 2019, 86th Leg., R.S., Ch. 504 (S.B. 27), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 106 - Discrimination Because of Race, Religion, Color, Sex, or National Origin › Section 106.001. Prohibited Acts

Sec. 106.001.  PROHIBITED ACTS.  (a)  An officer or employee of the state or of a political subdivision of the state who is acting or purporting to act in an official capacity may not, because of a person's race, religion, color, sex, or national origin:
(1)  refuse to issue to the person a license, permit, or certificate;
(2)  revoke or suspend the person's license, permit, or certificate;
(3)  refuse to permit the person to use facilities open to the public and owned, operated, or managed by or on behalf of the state or a political subdivision of the state;
(4)  refuse to permit the person to participate in a program owned, operated, or managed by or on behalf of the state or a political subdivision of the state;
(5)  refuse to grant a benefit to the person;
(6)  impose an unreasonable burden on the person;  or
(7)  refuse to award a contract to the person.
(b)  This section does not apply to a public school official who is acting under a plan reasonably designed to end discriminatory school practices.
(c)  This section does not prohibit the adoption of a program designed to increase the participation of businesses owned and controlled by women, minorities, or disadvantaged persons in public contract awards.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 1058, Sec. 1, eff. Aug. 31, 1987;  Acts 1991, 72nd Leg., ch. 597, Sec. 56, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 665, Sec. 1, eff. June 16, 1991;  Acts 1999, 76th Leg., ch. 1499, Sec. 1.02, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 106 - Discrimination Because of Race, Religion, Color, Sex, or National Origin › Section 106.002. Remedies

Sec. 106.002.  REMEDIES.  (a)  If a person has violated or there are reasonable grounds to believe a person is about to violate Section 106.001, the person aggrieved by the violation or threatened violation may sue for preventive relief, including a permanent or temporary injunction, a restraining order, or any other order.
(b)  In an action under this section, unless the state is the prevailing party, the court may award the prevailing party reasonable attorney's fees as a part of the costs.  The state's liability for costs is the same as that of a private person.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 106 - Discrimination Because of Race, Religion, Color, Sex, or National Origin › Section 106.003. Penalties

Sec. 106.003.  PENALTIES.  (a)  A person commits an offense if the person knowingly violates Section 106.001.
(b)  An offense under this section is a misdemeanor punishable by:
(1)  a fine of not more than $1,000;
(2)  confinement in the county jail for not more than one year;  or
(3)  both the fine and confinement.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 106 - Discrimination Because of Race, Religion, Color, Sex, or National Origin › Section 106.004. Inapplicability to Certain Claims

Sec. 106.004.  INAPPLICABILITY TO CERTAIN CLAIMS.  This chapter does not authorize a claim for preventive relief against the Texas Department of Criminal Justice, an employee of the department, or any other agency, agent, employee, or officer of this state if:
(1)  the claim is brought by a person housed in a facility operated by or under contract with the department;  and
(2)  the claim accrued while the person was housed in the facility.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 4, eff. June 8, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 107 - Permission to Sue the State › Section 107.001. Grants of Permission Covered

Sec. 107.001.  GRANTS OF PERMISSION COVERED.  This chapter applies to resolutions granting permission to sue the state or any of the agencies of government that collectively constitute the government of this state, including agencies, departments, bureaus, boards, commissions, offices, councils, courts, and institutions of higher education as defined by Section 61.003, Education Code.
Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 3.001, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 107 - Permission to Sue the State › Section 107.002. Effect of Grant of Permission

Sec. 107.002.  EFFECT OF GRANT OF PERMISSION.  (a)  A resolution that grants a person permission to sue the state has the following effect and the permission is granted subject to the following conditions:
(1)  the claimant may sue for any relief to which the claimant is entitled as a result of the described claim;
(2)  the suit must be filed before the second anniversary of the effective date of the resolution;
(3)  service of citation and other required process must be made on the attorney general and on a person named in the resolution as a representative of the affected state agency;
(4)  the suit must be tried as other civil suits;
(5)  neither the state, nor any of its employees, agents, departments, agencies, or political subdivisions, admits to liability for, or to the truth of, any allegation asserted by the claimant;
(6)  the alleged cause of action must be proved under the law of this state as in other civil suits;
(7)  the state does not waive any defense, of law or fact, available to the state or to any of its employees or agents;
(8)  the state reserves every defense, except the defense of immunity from suit without legislative permission;
(9)  the state's ability to plead res judicata to any issue is not affected;
(10)  the state does not grant permission to recover exemplary or punitive damages;
(11)  the state's sovereign immunity under the Eleventh Amendment to the United States Constitution is not waived;  and
(12)  the state does not grant permission to be sued in any federal court.
(b)  A resolution granting permission to sue does not waive to any extent immunity from liability.
Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 107 - Permission to Sue the State › Section 107.003. Method Exclusive

Sec. 107.003.  METHOD EXCLUSIVE.  (a)  A resolution may grant permission to sue the state only in accordance with this chapter.
(b)  A resolution may not alter the effect of the permission as described by Section 107.002, except that a resolution may further limit the relief to which the claimant may be entitled.
Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 107 - Permission to Sue the State › Section 107.004. Additional Conditions

Sec. 107.004.  ADDITIONAL CONDITIONS.  A resolution may specifically provide additional conditions to which a grant of permission to sue is subject.
Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 107 - Permission to Sue the State › Section 107.005. Effect on Other Laws

Sec. 107.005.  EFFECT ON OTHER LAWS.  This chapter does not affect a waiver of immunity from suit contained in other law.
Added by Acts 1987, 70th Leg., ch. 524, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 108 - Limitation of Liability for Public Servants › Section 108.001. Definitions

Sec. 108.001.  DEFINITIONS.  In this chapter:
(1)  "Public servant" means a person who is:
(A)  a public official elected or appointed to serve a governmental unit and acting in that capacity when the act or omission on which the damages were based occurred;  or
(B)  covered by Section 104.001 or Section 102.001.
(2)  "Public servant" does not include an independent contractor, an agent or employee of an independent contractor, or another person who performs a contract for a unit of government.
(3)  "Public servant" includes a licensed physician who provides emergency or postemergency stabilization services to patients in a hospital owned or operated by a unit of local government.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.12, eff. Sept. 2, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 107.001 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(3), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 139, Sec. 4, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 204, Sec. 11.06, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 108 - Limitation of Liability for Public Servants › Section 108.002. Limitation of Liability

Sec. 108.002.  LIMITATION OF LIABILITY.  (a)  Except in an action arising under the constitution or laws of the United States, a public servant is not personally liable for damages in excess of $100,000 arising from personal injury, death, or deprivation of a right, privilege, or immunity if:
(1)  the damages are the result of an act or omission by the public servant in the course and scope of the public servant's office, employment, or contractual performance for or service on behalf of a state agency, institution, department, or local government;  and
(2)  for the amount not in excess of $100,000, the public servant is covered:
(A)  by the state's obligation to indemnify under Chapter 104;
(B)  by a local government's authorization to indemnify under Chapter 102;
(C)  by liability or errors and omissions insurance;  or
(D)  by liability or errors and omissions coverage under an interlocal agreement.
(b)  Except in an action arising under the constitution or laws of the United States, a public servant is not liable for damages in excess of $100,000 for property damage if:
(1)  the damages are the result of an act or omission by the public servant in the course and scope of the public servant's office, employment, or contractual performance for or service on behalf of a state agency, institution, department, or local government;  and
(2)  for the amount not in excess of $100,000, the public servant is covered:
(A)  by the state's obligation to indemnify under Chapter 104;
(B)  by a local government's authorization to indemnify under Chapter 102;
(C)  by liability or errors and omissions insurance;  or
(D)  by liability or errors and omissions coverage under an interlocal agreement.
(c)  Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 11.07;  Acts 2003, 78th Leg., ch. 289, Sec. 5.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.12, eff. Sept. 2, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 107.002 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(3), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 139, Sec. 4, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 204, Sec. 11.01, 11.07, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 289, Sec. 1, 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 108 - Limitation of Liability for Public Servants › Section 108.003. State Liability Not Affected

Sec. 108.003.  STATE LIABILITY NOT AFFECTED.  (a)  This chapter does not affect the liability for indemnification of the state under Chapter 104 or of a local government under Chapter 102.
(b)  This chapter does not impose liability or waive immunity for a public servant who has common law, statutory, or other immunity.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.12, eff. Sept. 2, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 107.003 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(3), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 139, Sec. 4, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 108 - Limitation of Liability for Public Servants › Section 108.004. Computer Date Failure

Sec. 108.004.  COMPUTER DATE FAILURE.  Except in an action arising under the constitution or laws of the United States, a public servant is not personally liable for property damages caused by a computer date failure as described by Section 147.003.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 4, eff. May 19, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 109 - Appropriations for Payment of Claims Against State Agencies › Section 109.001. Definition

Sec. 109.001.  DEFINITION.  In this chapter, "state agency" means any entity that constitutes the state government for purposes of Section 101.001.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 109 - Appropriations for Payment of Claims Against State Agencies › Section 109.002. Applicability; Appropriations and Payments for Certain Claims

Sec. 109.002.  APPLICABILITY;  APPROPRIATIONS AND PAYMENTS FOR CERTAIN CLAIMS.  (a)  This chapter applies to appropriations and payments made in relation to:
(1)  a claim for which the state government is liable under Chapter 101 that results from the conduct of a state agency;  and
(2)  indemnification of an employee, member of a governing board, or other officer of a state agency under Chapter 104.
(b)  Except as provided by Section 109.007, the legislature may not make an appropriation to pay a claim for which the state government is liable under Chapter 101 and that results from the conduct of a state agency except in accordance with Section 109.003.
(c)  Except as provided by Section 109.007, the legislature may not make an appropriation to indemnify an employee, member of a governing board, or other officer of a state agency under Chapter 104 except in accordance with Section 109.003.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1414, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 109 - Appropriations for Payment of Claims Against State Agencies › Section 109.003. Source of Appropriation

Sec. 109.003.  SOURCE OF APPROPRIATION.  An appropriation subject to this chapter shall be made from otherwise unappropriated amounts in a special fund or account that may be appropriated to the affected state agency and that may be used for that purpose, to the extent those amounts are available.  To the extent those amounts are not available, the appropriation may be made from the general revenue fund.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 109 - Appropriations for Payment of Claims Against State Agencies › Section 109.004. Payment of Claim by Agency

Sec. 109.004.  PAYMENT OF CLAIM BY AGENCY.  (a)  This section does not apply to the payment of a claim if the legislature has specifically:
(1)  identified the claim;  and
(2)  appropriated money to pay the claim.
(b)  Subject to Subsections (c) and (d), a state agency may pay a claim subject to this chapter only from money appropriated to that agency in the General Appropriations Act.
(c)  The amount paid under this section by a state agency for a single claim may not exceed a limitation imposed by the General Appropriations Act on the amount that may be paid by the agency on a single claim.
(d)  The total of all amounts paid by a state agency from money appropriated to the agency for any fiscal year under this section may not exceed a limitation imposed by the General Appropriations Act on the amount that may be paid under this section by a state agency for that fiscal year.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1414, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 109 - Appropriations for Payment of Claims Against State Agencies › Section 109.005. Reports

Sec. 109.005.  REPORTS.  (a)  The comptroller shall notify an affected state agency of:
(1)  each claim subject to this chapter paid by the comptroller under this chapter for that state agency;
(2)  the amount of the claim;
(3)  the amount of the claim paid from a special fund or account;  and
(4)  the subject matter of the claim.
(b)  Each agency shall summarize the information reported to it by the comptroller under Subsection (a) and report that information as part of the agency's annual report to the budget division of the governor's office and to the Legislative Budget Board as required by the General Appropriations Act.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1414, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 109 - Appropriations for Payment of Claims Against State Agencies › Section 109.006. Appropriation for Claim Not Limited

Sec. 109.006.  APPROPRIATION FOR CLAIM NOT LIMITED.  This chapter does not limit the amount the legislature may appropriate to pay claims subject to this chapter.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 109 - Appropriations for Payment of Claims Against State Agencies › Section 109.007. Exceptions

Sec. 109.007.  EXCEPTIONS.  This chapter does not apply to an appropriation:
(1)  to pay or indemnify a person for a negligent act or omission in the diagnosis, care, or treatment of a health care or mental health care patient, without regard to whether the claim is based on tort or contract principles;
(2)  to pay a claim based on the conduct of a state medical school or of a hospital affiliated with an institution of higher education of this state;
(3)  to pay a claim based on the conduct of an institution of higher education;  or
(4)  to pay a claim based on the conduct of a state law enforcement agency, including the Texas Department of Public Safety, or of a state corrections agency, including the Texas Department of Criminal Justice and the Board of Pardons and Paroles.
Added by Acts 1993, 73rd Leg., ch. 1005, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.001. Definitions

Sec. 110.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Free exercise of religion" means an act or refusal to act that is substantially motivated by sincere religious belief.  In determining whether an act or refusal to act is substantially motivated by sincere religious belief under this chapter, it is not necessary to determine that the act or refusal to act is motivated by a central part or central requirement of the person's sincere religious belief.
(2)  "Government agency" means:
(A)  this state or a municipality or other political subdivision of this state;  and
(B)  any agency of this state or a municipality or other political subdivision of this state, including a department, bureau, board, commission, office, agency, council, or public institution of higher education.
(3)  "Place of worship" means a building or grounds where religious activities are conducted.
(4)  "Public official" means any elected or appointed officer, employee, or agent of this state or any political subdivision, board, commission, bureau, or other public body established by law.
(b)  In determining whether an interest is a compelling governmental interest under Section 110.003, a court shall give weight to the interpretation of compelling interest in federal case law relating to the free exercise of religion clause of the First Amendment of the United States Constitution.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 799 (H.B. 1239), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.002. Application

Sec. 110.002.  APPLICATION.  (a)  This chapter applies to any ordinance, rule, order, decision, practice, or other exercise of governmental authority.
(b)  This chapter applies to an act of a government agency, in the exercise of governmental authority, granting or refusing to grant a government benefit to an individual.
(c)  This chapter applies to each law of this state unless the law is expressly made exempt from the application of this chapter by reference to this chapter.
(d)  For purposes of a state of disaster declared under Chapter 418, Government Code:
(1)  this chapter is not considered a regulatory statute; and
(2)  a provision of this chapter may not be suspended.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 799 (H.B. 1239), Sec. 2, eff. June 16, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.003. Religious Freedom Protected

Sec. 110.003.  RELIGIOUS FREEDOM PROTECTED.  (a)  Subject to Subsection (b), a government agency may not substantially burden a person's free exercise of religion.
(b)  Subsection (a) does not apply if the government agency demonstrates that the application of the burden to the person:
(1)  is in furtherance of a compelling governmental interest;  and
(2)  is the least restrictive means of furthering that interest.
(c)  A government agency that makes the demonstration required by Subsection (b) is not required to separately prove that the remedy and penalty provisions of the law, ordinance, rule, order, decision, practice, or other exercise of governmental authority that imposes the substantial burden are the least restrictive means to ensure compliance or to punish the failure to comply.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.0031. Prohibition on Orders Closing Places of Worship

Sec. 110.0031.  PROHIBITION ON ORDERS CLOSING PLACES OF WORSHIP.  A government agency or public official may not issue an order that closes or has the effect of closing places of worship in this state or in a geographic area of this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 799 (H.B. 1239), Sec. 3, eff. June 16, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 110 - Religious Freedom › Section 110.004. Defense

Sec. 110.004.  DEFENSE.  A person whose free exercise of religion has been substantially burdened in violation of Section 110.003 or 110.0031 may assert that violation as a defense in a judicial or administrative proceeding without regard to whether the proceeding is brought in the name of the state or by any other person.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 799 (H.B. 1239), Sec. 4, eff. June 16, 2021.