Texas Code of Criminal Procedure - Article 42.20. Immunities
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Art. 42.20. IMMUNITIES. (a) An individual listed in
Subsection (c) of this article and the governmental entity that the
individual serves as an officer or employee are not liable for
damages arising from an act or failure to act by the individual or
governmental entity in connection with a community service program
or work program established under this chapter or in connection
with an inmate, offender, or releasee programmatic or
nonprogrammatic activity, including work, educational, and
treatment activities, if the act or failure to act:
(1) was performed pursuant to a court order or was otherwise
performed in an official capacity; and
(2) was not performed with conscious indifference for the
safety of others.
(b) Chapter 101, Civil Practice and Remedies Code, does not
apply to a claim based on an act or a failure to act of an individual
listed in Subsection (c) of this article or a governmental entity
the officer serves as an officer or employee if the act or failure
to act is in connection with a program described by Subsection (a)
of this article.
(c) This article applies to:
(1) a director or employee of a community supervision and
corrections department or a community corrections facility;
(2) a sheriff or employee of a sheriff's department;
(3) a county judge, county attorney, county commissioner,
or county employee;
(4) a district judge, district attorney, or criminal
district attorney;
(5) an officer or employee of a state agency; or
(6) an officer or employee of a political subdivision other
than a county.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1,
1993. Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec.
3.13, eff. Sept. 1, 1995; Subsec. (c) amended by Acts 2003, 78th
Leg., ch. 406, Sec. 1, eff. Sept. 1, 2003.
Article: 42.141 42.15 42.151 42.152 42.16 42.17 42.19 42.20 42.21 42.22 42.23 43.01 43.02 43.03 43.04
Last modified: August 11, 2007
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