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§ 102.001.Definitions

Title 5. Governmental Liability · Chapter 102. Tort Claims Payments by Local Governments · Last amended 2007 · Last verified August 29, 2026

In one sentenceSection 102.001 defines employee to include officers, volunteers, former staff and estates, and local government to reach counties, cities, towns and every other political subdivision.

Full Text of § 102.001

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In this chapter:
(1)"Employee" includes an officer, volunteer, or employee, a former officer, volunteer, or employee, and the estate of an officer, volunteer, or employee or former officer, volunteer, or employee of a local government. The term includes a member of a governing board. The term does not include a county extension agent.
(2)"Local government" means a county, city, town, special purpose district, including a soil and water conservation district, and any other political subdivision of the state.
End

Plain-English Summary

Two definitions, and the first is drawn wide on purpose.

"Employee" includes an officer, volunteer, or employee, a former officer, volunteer, or employee, and the estate of any of them. The term also includes a member of a governing board.

Volunteers are the notable inclusion. A person serving a city without pay is exposed to the same suits as a paid employee, and a chapter confined to employees would leave them to answer alone.

Former officers and employees matter for the same reason. Liability often arrives years after the conduct, and a person who has left cannot be left outside the protection.

Including the estate keeps the protection alive after death, so a claim against a deceased official’s estate is within the chapter.

Members of a governing board are named expressly — city council members, school trustees, district directors — who are not employees in the ordinary sense.

One exclusion is stated: a county extension agent. Those agents work through the state agricultural extension service and are covered by the state indemnification chapter instead.

"Local government" means a county, city, town, special purpose district, including a soil and water conservation district, and any other political subdivision of the state.

The closing phrase carries the definition, reaching hospital districts, water districts, school districts and every other subdivision without naming them.

Frequently Asked Questions

Who counts as an employee here?

Officers, volunteers and employees, former ones, their estates, and members of a governing board — but not a county extension agent.

Are volunteers protected?

Yes. Volunteers are expressly included in the definition.

What is a local government?

A county, city, town, special purpose district, and any other political subdivision of the state.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.07, eff. Sept. 2, 1987; Acts 1999, 76th Leg., ch. 1115, Sec. 1, eff. June 18, 1999.
  • Amended by:
  • Acts 2007, 80th Leg., R.S., Ch. 996 (S.B. 1613), Sec. 1, eff. June 15, 2007.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source