§ 117.001.Definition
Title 5. Governmental Liability · Chapter 117. Liability for and Indemnification of Certain Claims Relating to Enforcement of Certain Criminal Offenses Involving Illegal Entry into This State · Last amended 2024 · Last verified August 29, 2026
Full Text of § 117.001
Plain-English Summary
One definition, drawn to cover everything a court might order someone to pay.
"Damages" includes any and all damages, which is the ordinary meaning, and then keeps going.
Fines and penalties are included, though neither is damages in the usual sense.
Court costs and attorney’s fees are included, which matters most in federal civil rights litigation, where a prevailing plaintiff’s fee award can exceed the damages.
The definition ends with "or other assessments," a catch-all for anything the list missed.
The breadth is the point of the chapter. Sections 117.002 and 117.003 promise immunity and indemnification, and a promise that stopped at compensatory damages would leave an official carrying the fee award.
The word appears throughout the chapter, so this definition governs the scope of both the state-law immunity and the federal-law indemnification.
Fines and penalties are included because the chapter covers enforcement conduct. A court can impose a penalty on an individual without awarding anyone damages, and a protection that stopped at damages would leave that exposure open.
The single definition governs both halves of the chapter. Section 117.002 speaks to local officials and Section 117.003 to state officials, and both use this word for what is covered.
The breadth also shapes the indemnification caps. The local limits in Section 117.002(c) are measured against everything this definition includes.
Frequently Asked Questions
What counts as damages here?
Damages, fines, fees, penalties, court costs, attorney’s fees, and other assessments.
Why include attorney’s fees?
Because a fee award in federal litigation can exceed the damages, and indemnification limited to damages would leave the official paying it.
Is the list exhaustive?
No. It closes with "or other assessments."
Amendment History
- Added by Acts 2023, 88th Leg., 4th C.S., Ch. 2 (S.B. 4), Sec. 3, eff. March 5, 2024.