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Texas Civil Practice & Remedies Code - Section 101.106. Election Of Remedies

Legal Research Home > Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 101.106. Election Of Remedies

§ 101.106. ELECTION OF REMEDIES.  (a) The filing of a suit 
under this chapter against a governmental unit constitutes an 
irrevocable election by the plaintiff and immediately and forever 
bars any suit or recovery by the plaintiff against any individual 
employee of the governmental unit regarding the same subject 
matter.
	(b)  The filing of a suit against any employee of a 
governmental unit constitutes an irrevocable election by the 
plaintiff and immediately and forever bars any suit or recovery by 
the plaintiff against the governmental unit regarding the same 
subject matter unless the governmental unit consents.
	(c)  The settlement of a claim arising under this chapter 
shall immediately and forever bar the claimant from any suit 
against or recovery from any employee of the same governmental unit 
regarding the same subject matter.
	(d)  A judgment against an employee of a governmental unit 
shall immediately and forever bar the party obtaining the judgment 
from any suit against or recovery from the governmental unit.
	(e)  If a suit is filed under this chapter against both a 
governmental unit and any of its employees, the employees shall 
immediately be dismissed on the filing of a motion by the 
governmental unit.
	(f)  If a suit is filed against an employee of a governmental 
unit based on conduct within the general scope of that employee's 
employment and if it could have been brought under this chapter 
against the governmental unit, the suit is considered to be against 
the employee in the employee's official capacity only.  On the 
employee's motion, the suit against the employee shall be dismissed 
unless the plaintiff files amended pleadings dismissing the 
employee and naming the governmental unit as defendant on or before 
the 30th day after the date the motion is filed.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 2003, 78th Leg., ch. 204, § 11.05, eff. Sept. 1, 2003.

Last modified: August 11, 2007