§ 101.026.Individual's Immunity Preserved

One sentence protecting the individual: to the extent an employee has individual immunity from a tort claim for damages, it is not affected by this chapter.

Texas employees hold immunities from several sources — official immunity for discretionary acts performed in good faith within the scope of authority, judicial and quasi-judicial immunity, legislative immunity, and statutory immunities in particular fields. None of them is disturbed by the Act.

The section has a consequence beyond the employee. The motor-vehicle branch of the waiver requires that the employee would be personally liable to the claimant under Texas law. If the employee is individually immune, that condition fails — and the governmental unit is not liable through that branch either.

An employee's immunity therefore protects the government as well, on that branch.

The second branch of the waiver is different. Liability for a condition or use of tangible property does not depend on any employee being liable, so employee immunity does not defeat it.

Note that this section preserves immunity while the election of remedies section forecloses suing the employee at all once the governmental unit is sued. The two operate at different points: whether the employee could be liable, and whether the claimant may pursue them.