§ 101.065.Negligence of Off-Duty Law Enforcement Officers

A short exclusion turning on duty status rather than appearance.

The chapter does not apply to the wrongful act or omission or the negligence of an officer commissioned by the Department of Public Safety if the officer was not on active duty when it occurred. The section applies without regard to whether the officer was wearing a uniform purchased under the Government Code provision at the time.

The uniform clause forecloses the natural argument. A commissioned officer in uniform looks like they are working, and a claimant would otherwise contend that the uniform placed them within the scope of employment. The section says appearance does not decide it.

The exclusion also fits the Act's general structure. The waiver requires an employee acting within the scope of employment, and an officer off duty is generally outside it. This section confirms the result for one category rather than leaving it to be argued.

The claimant is not left without recourse — the officer remains personally liable for their own conduct like any other person. What the section removes is the state's liability for it.

Note the reference to a uniform purchased under a specific Government Code provision, which contemplates officers buying their own uniforms and using them off duty, often in secondary employment.