§ 108.003.State Liability Not Affected

Two saving clauses, and both keep the cap from being read as something it is not.

This chapter does not affect the liability for indemnification of the state under Chapter 104 or of a local government under Chapter 102.

The clarification is needed because the two regimes use the same numbers. The indemnification chapters cap payment at $100,000 per person; this chapter caps personal liability at $100,000.

They are not the same limit, and they do not merge. One governs what government will pay toward a judgment; the other governs how large the judgment against the individual can be.

Where both apply the result is a closed circle: liability capped at $100,000, and indemnification available up to $100,000 — which is the outcome the coverage condition is designed to produce.

This section confirms that the cap does not reduce the indemnification obligation, so a government cannot argue that its duty shrinks because the official’s exposure was limited.

Subsection (b) is the more important of the two: the chapter does not impose liability or waive immunity for a public servant who has common law, statutory, or other immunity.

The reading it forecloses is a natural one. A statute saying an official is not liable above $100,000 could be read to imply liability below it.

It implies nothing of the kind. An official protected by official immunity is not liable at all, and the cap has nothing to operate on.

So the chapter is a ceiling, never a floor, and the immunities are decided before it is reached.