Texas Government Code 612.004 – Liability Insurance for Certain Board Members, Officials, and Executive Management Staff
Current as of: 2024 | Check for updates
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(a) A state agency governed by a board may purchase or acquire liability insurance to protect members of the board and the agency’s executive management staff.
(b) A state agency governed by an appointed or elected official may purchase or acquire liability insurance to protect the official and the agency’s executive management staff.
Terms Used In Texas Government Code 612.004
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
(c) Insurance purchased or acquired by a state agency under this section may:
(1) protect against any type of liability to third persons that may be incurred while conducting agency business; and
(2) provide for all costs of defending against that liability, including court costs and attorney’s fees.
(d) This section does not authorize the purchase or acquisition of insurance to protect against liability other than liability described by Subsection (c).
(e) A state agency may use any available funds to purchase or acquire insurance under this section. A specific statement by the legislature that a particular appropriation of funds may be used to purchase or acquire insurance is not a prerequisite to using funds to purchase or acquire insurance under this section.
(f) In this section:
(1) “Board” includes a board, commission, council, committee, or other group of individuals.
(2) “State agency” means:
(A) a department, board, commission, committee, council, agency, office, or other entity in the executive, legislative, or judicial branch of state government, the jurisdiction of which is not limited to a geographical portion of the state;
(B) an institution of higher education as defined by § 61.003, Education Code; and
(C) a court of appeals as described by § 22.201.
(g) For purposes of § 659.012, the cost of insurance purchased or acquired by a court of appeals under this section is not included in determining the salary of a justice serving on the court.