§ 117.002.Civil Immunity for and Indemnification of Local Government Officials, Employees, and Contractors

The chapter’s heading names its subject: claims relating to enforcement of certain criminal offenses involving illegal entry into this state. This section covers the local side.

Two different protections run in two different directions.

Under state law, the individual is immune. A local government official, employee or contractor is immune from liability for damages arising from a state-law cause of action resulting from an action taken to enforce Chapter 51 of the Penal Code or an order issued under Article 5B.002 of the Code of Criminal Procedure.

Under federal law, immunity is not available to a state legislature, so the section promises money instead: the local government shall indemnify the person for damages arising from a federal cause of action.

Both protections require the act to be within the course and scope of the person’s office, employment or contractual performance for the local government.

Contractors are covered alongside officials and employees, which reaches private detention and transport providers working under contract.

Indemnification is capped. Payments may not exceed $100,000 for any one person or $300,000 for a single occurrence of personal injury or death, and $10,000 for a single occurrence of property damage.

Bad faith removes both protections. Neither the immunity nor the indemnity applies if the court or jury determines the person acted in bad faith, with conscious indifference, or with recklessness.

Criminal defense fees are treated separately and are not capped by Subsection (c). The local government must indemnify the person for reasonable attorney’s fees incurred defending a criminal prosecution for such an enforcement action.

Statutory damage limits elsewhere survive. Subsection (f) says the section may not be construed to waive any statutory limits on damages under state law.