§ 101.001.Definitions

Six definitions, and two of them do most of the work.

"Governmental unit" is drawn to reach everything. It covers the state and all its agencies, departments, bureaus, boards, commissions, offices, councils, and courts; political subdivisions — expressly including cities, counties, school districts, junior college districts, and a long list of special districts from levee improvement to river authorities; emergency service organizations; and any other institution, agency, or organ of government whose status derives from the Texas Constitution or from legislation.

The final catch-all matters. A body created by statute in a form the drafters did not anticipate is still a governmental unit.

"Employee" is narrow, and deliberately so. It means a person in the paid service of a governmental unit by competent authority, including an officer or agent — but does not include an independent contractor, an agent or employee of an independent contractor, or a person who performs tasks the details of which the governmental unit does not have the legal right to control.

Three exclusions, and the third is the test behind the other two: the right to control the details of the work. A governmental unit is not liable for the negligence of a contractor it hired, and the volunteer who is not in paid service is outside the definition too.

"Scope of employment" means performance of the duties of an employee's office or employment, and includes being in or about the performance of a task lawfully assigned by competent authority.

"Emergency service organization" covers volunteer fire departments, rescue squads, and EMS providers that are member-operated and tax-exempt, and local emergency management or homeland security organizations operating under the statewide strategy.

"Motor-driven equipment" excludes river authority floodgate equipment and medical equipment such as iron lungs located in hospitals.