§ 104.0035.State Liability; Criminal Prosecution

Criminal defence costs, and the conditions are cumulative and demanding.

The state shall indemnify a person for reasonable attorney’s fees incurred in defense of a criminal prosecution where four things hold.

The person is covered by the persons-indemnified section; the attorney general determines that the conduct prosecuted could give rise to a civil cause of action covered by this chapter; the person is found not guilty after trial or appeal, or the charge is dismissed without a guilty or nolo plea; and the attorney general determines the dismissal was because the presentment was made on mistake, false information, or a similar basis indicating absence of probable cause, or because the charging instrument was void.

The fourth condition applies only to dismissals, and it is a substantial hurdle — a case dropped for evidentiary weakness may not qualify.

The link to the civil chapter is what justifies the provision. Indemnification is available where the same conduct could have produced a covered civil claim, so this is an extension of the civil protection rather than a general defence fund.

The cap is $10,000 for a prosecution, or for two or more offenses prosecuted in a single criminal action — modest against the cost of defending a criminal case.

Three intoxication offenses are excluded outright: driving while intoxicated, intoxication assault while operating a motor vehicle, and intoxication manslaughter.

The determination is made by the attorney general on application, except for applications from that office’s own current or former employees, or from the attorney general or a former one.

Those excluded from the initial determination go straight to court, which avoids the office deciding its own claims. A refusal may be appealed to a district court in Travis County, whose judgment is final and not subject to appeal.